EFTA00186590.pdf

BConencr Fas SW EFTA00186590 AO 93 (Rev. 5/85) Search Warrant United States District Court SOUTHERN DISTRICT OF In the Matter of the Search of (Name, address or brief description of property or premises to be searched) One Ritz Big Print Digital Film 128 Megabyte CompactFlash memory card, marked 3608128AW4801CF53 in the custody of the Federal Bureau of Investigation FLORIDA SEARCH WARRANT CASE NUMBER 08-8067-LRJ TO: ■ FEDERAL BUREAU OF INVESTIGATION , and any Authorized Officer of the United States: Affidavit(s) having been made before me by E. who has reason to ant believe that Ei on the person of or E on the premises known as (name, description and/or location) One Ritz Big Print Digital Film 128 Megabyte CompactFlash memory card, marked 3608128AW4801CF53 in the custody of the Federal Bureau of Investigation, 505 S. Flagler Drive, Suite 500, West Palm Beach, Florida in the concealed a certain person or property, namely icinathe the person or properly) SOUTHERN District of FLORIDA there is now the electronic information contained in that CompactFlash memory card, which is property that constitutes evidence of the commission of a criminal offense, instrumentalities of such violations; and any fruits of those crimes, that is, violations of 18 U.S.C. §§ 371, 1591, 2252, 2252A, 2422, and 2423. I am satisfied that the affidavit(s) and any recorded testimony establish probable cause to believe that the person or property so described is now concealed on the person or premises above-described and establish grounds for the issuance of this warrant. YOU ARE HER OMMANDED to search on or before 7 (Date) he person or I v.- " - 6:00 A.M. to 10:00 e person or property specified, serving this warrant nd making the search )(at any time in the day or night as I find asorlible cause has been estaftlo..d)) turd -if - tftaper operty be found there to seize same, leaving a copy of this warrant and receipt for the person or property taken, and prepare a written inventory of the person or property seized and promptly return this warrant to the duty Magistrate Judge as required by law. 3 - / • 4,:iarb_at city and State PALM BEACH, FLORIDA Date and Time Issued Certified I. be trha awl LINNEA R. JOHNSON correct copy of te (foment on fits Steven United States Magistrate Judge k, Name and Title of Judicial Officer '' <)iii artmore, ut :(; pc (Oa Sig EFTA00186591 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA 08-8067-LRJ IN RE: SEARCH WARRANT APPLICATION ORDER GRANTING UNITED STATES' MOTION TO SEAL This matter comes before the Court upon the United States' Motion to Seal the documents related to its Search Warrant Application. The Court being fully apprised in the premises, orders that the motion is hereby GRANTED. DONE AND ORDERED in chambers, in West Palm Beach, Florida, this / 7 day of March, 2008. cc: AUSA LINNEA R. JOHNSO UNITED STA GLSTRATE JUDGE Certified to be rh true and COMIC! copy o Steven U. Sout docurif!:4t on file srimore ^rk, pr:•tnct rn DitAnct t:t I ul i‘ I ri ate Deputwelei EFTA00186592 (Rev. 06/2005)Seakd Document Tricking Rem UNITED STATES DISTRICT COURT Southern District of Florida Number: 08.8067-LRJ In Re SEARCH WARRANT APPLICATION SEALED DOCUMENT TRACKING FORM Party Filing Matter Under Seal On behalf of (select one): Name: . u.s. Attorneys Office Address: 500 S. Australian Ave, Suite 400, West Palm Beach, FL 33401 Telephone:' 0 Plaintiff O Defendant Date sealed document filed: 3,17/2008 If sealed pursuant to statute, cite statute: Fed. R. Crim. P. 6(e) (Grand Jury Material) If sealed pursuant to previously entered protective order, date of order and docket entry number. The matter should remain sealed until: O Conclusion of Trial 0 Arrest of First Defendant O Case Closing 0 Conclusion of Direct Appeal K Other: O Permanently. Specify the authorizing law, rule, court order: The moving party requests that when the sealing period expires, the filed matter should be (select one): ▪ Unsealed and placed in the public portion of the court file O Destroyed O Returned to the party or counsel for the party, as identified above Attorney for: Movant United Stales ofAmerice EFTA00186593 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA 08-8067-LR1 1N RE: SEARCH WARRANT APPLICATION MOTION TO FILE DOCUMENTS UNDER SEAL The United States of America, by and through the undersigned Assistant United States Attorney, hereby moves to seal its Application for Search Warrant for the following reasons: 1. The attached documents contain information relating to an ongoing grand jury investigation; thus, pursuant to Fed. R. Crim. P. 6(eX6), all records and orders related to the grand- jury proceedings must be kept under seal to the extent and as long as necessary to prevent the unauthorized disclosure of a matter occurring before the grand jury. 2. Public disclosure of this matter would jeopardize the criminal investigation, notify potential subjects and/or targets and undermine the public interest and the function of the grand jury. WHEREFORE, the United States respectfully requests that the aforementioned documents be sealed. Respectfully submitted, R. ALEXANDER ACOSTA UNITED STATES ATTORNEY By: ssistant United States Attorne on a ar o. 500 South Australian venue, Suite 400 West Palm Beach FL 33401 Telephone: Facsimile: EFTA00186594 AO 106 (Rev. 5/85) Affidavit for Search Warrant United States District Court SOUTHERN In the Matter of the Search of (Name, address or brkf description of pen.* to be searched) DISTRICT OF FLORIDA One Ritz Big Print Digital Film 128 Megabyte CompactFlash memory card marked 3608128AW4801CF53 in the custody of the Federal Bureau of Investigation APPLICATION AND AFFIDAVIT FOR SEARCH WARRANT CASE NUMBER: 08-8067-LRJ being duly sworn, depose and say: I am a Special Agent, Federal Bureau of Investigation , and have reason to believe that on the person of or X on the premises known as (name, description and/or location): One Ritz Big Print Digital Film 128 Megabyte CompactFlash memory card, marked 3608128AW4801CF53, in the custody of the Federal Bureau of Investigation 505 S. Flagler Drive, Suite 500, West Palm Beach, Florida in the Southern District of Florida there is now concealed a certain person or property, namely (describe the person or property): the electronic information contained in that CompactFlash memory card, which iS (give alleged grounds for search and seizure under Rule 41(b) of the Federal Rules of Criminal Procedure) evidence, instrumentalities, and fruits of a crime, concerning violations of Title 18, United States Code, Sections 371, 1591, 2252, 2252A, 2422, and 2423. The facts to support the issuance of a Search Warrant are as follows: see Attached Affidavit of E. Continued on the attached sheet and made a part her E. Special Agent Federal Bureau of Investigation Sworn to before me, and subscribed in my presence: Date LINNEA R. JOHNSON UNITED STATES MAGISTRA Name and Title of Judicial Offic EFTA00186595 AFFIDAVIT I, E. (the "Affiant"), being duly sworn, depose and state: 1. I am a Special Agent with the Federal Bureau of Investigation ("FBI") and have been so employed for the past ten (10) years. I am currently assigned to PB-2, the Violent Crimes and Major Offenses Squad of the Palm Beach County Resident Agency, Miami Division. Among my responsibilities as a Special Agent are investigating crimes against children, particularly offenses involving child pornography and the exploitation of children. 2. I make this affidavit in support of an application by the United States of America for issuance of a warrant to search and seize evidence of violations of Title 18, United States Code, Sections 371, 1591, 2252, 2252A, 2422, and 2423; instrumentalities of such violations; and any fruits of those crimes located within electronic media, specifically two 128MB CompactFlash memory cards, seized in October 2005 by The Town of Palm Beach Police Department("PBPD") during the execution of a State of Florida search warrant at the premises located at 358 El Brillo Way, Palm Beach, Florida 33480, owned by Jeffrey Epstein (hereinafter, "Epstein's residence"). Those CompactFlash memory cards are more fully described as follows: (a) one Ritz Big Print Digital Film 128 Megabyte CompactFlash memory card, marked 3608128AW4801CF53, and (b) one PNY Technologies 128 Megabyte CompactFlash memory card, marked THNCF128MMA(T00CB) 999223 TAIWAN 0247 (hereinafter jointly referred to as "CompactFlash memory cards"). 3. The facts set forth in this affidavit are based on my personal knowledge, information obtained in this investigation from others, including other law enforcement officers, my review of documents and records related to this investigation, and information gained through my training and -1- EFTA00186596 experience. Since this affidavit is being submitted for the limited purpose of securing a search warrant, I have not included each and every fact known to me concerning this investigation, but have set forth only those facts necessary to establish probable cause to believe that evidence, instrumentalities, and fruits of crimes, that is violations of Title 18, United States Code, Sections 371, 1591, 2252, 2252A, 2422, and 2423 will be found within the CompactFlash memory cards, specifically the electronic information contained therein. The Statutes Involved 4. The investigation involves possible violations of Title 18, United States Code, Sections 371, 1591, 2252, 2252A, 2422, and 2423, which provide as follows: a. 18 U.S.C. § 371 makes it an offense for two or more persons to conspire to commit an offense against the United States; b. 18 U.S.C. § 1591(a) makes it an offense for anyone to knowingly, in or affecting interstate commerce, recruit, entice, provide, or obtain by any means a person , knowing that the person has not attained the age of eighteen and will be caused to engage in a commercial sex act; c. 18 U.S.C. §§ 2252 and 2252A prohibit the manufacture, possession, distribution, and receipt of child pornography; d. 18 U.S.C. § 2422(b) prohibits the use of a facility of interstate commerce, including the telephone, to persuade, induce, or entice a minor to engage in prostitution or any sexual activity for which any person can be charged with a criminal offense; and e. 18 U.S.C. § 2423(b) makes it an offense for anyone to travel in interstate commerce for the purpose of engaging in any illicit sexual conduct with another person. "Illicit -2- EFTA00186597 sexual conduct" includes a commercial sex act with a person under eighteen or other sexual conduct with a person under the age of sixteen. 5. Section 2422(b) refers to activity "for which any person can be charged with a criminal offense." Pursuant to: a. Florida Statutes Section 794.05, a "person 24 years of age or older who engages in sexual activity with a person 16 or 17 years of age commits a felony of the second degree;" b. Florida Statutes Section 794.021, "ignorance of the age [of the victim] is no defense," and that neither "misrepresentation of age by [the victim] nor a bona fide belief that such person is over the specified age [shall] be a defense;" c. Florida Statutes Sections 800.04(5)(a) and 800.04(5)(c)(2), an adult "who intentionally touches in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks, or the clothing covering them, of a person less than 16 years of age, or forces or entices a person under 16 years of age to so touch the perpetrator, commits lewd or lascivious molestation," which is a felony of the second degree if the victim is 12 years of age or older but less than 16 years of age; d. Florida Statutes Sections 800.04(6)(a) and 800.04(6)(b), an adult "who [i]ntentionally touches a person under 16 years of age in a lewd or lascivious manner or [s]olicits a person under 16 years of age to commit a lewd or lascivious act commits lewd or lascivious conduct," which is a felony of the second degree; -3- EFTA00186598 e. Florida Statutes Sections 800.04(7)(a) and 800.04(7)(c), an adult "who: (1) [i]ntentionally masturbates; (2) [i]ntentionally exposes the genitals in a lewd or lascivious manner; or (3) [i]ntentionally commits any other sexual act that does not involve actual physical or sexual contact with the victim, including, but not limited to . . . the simulation of any act involving sexual activity in the presence of a victim who is less than 16 years of age, commits lewd or lascivious exhibition," which is a felony of the second degree. f. Florida Statutes Section 800.04(2), "[n]either the victim's lack of chastity nor the victim's consent is a defense to the crimes proscribed by [Section 800.04]." g. Florida Statutes Section 800.04(3), "[t]he perpetrator's ignorance of the victim's age, the victim's misrepresentation of his or her age, or the perpetrator's bona fide belief of the victim's age cannot be raised as a defense in a prosecution under [Section 800.04]." h. Florida Statutes Section 800.02, a "person who commits any unnatural and lascivious act with another person commits a misdemeanor of the second degree." The Epstein Investigation 6. In the Spring of 2006, Detective with the Town of Palm Beach Police Department contacted me about the investigation of Jeffrey Epstein's solicitation of minors to engage in prostitution and his lewd and lascivious conduct with minors. The FBI opened a case file in July 2006, and your Affiant is the case agent assigned to the investigation. 7. At around the same time that the FBI opened its investigation, the U.S. Attorney's Office began a grand jury investigation. Your Affiant is one of the agents on the Federal Rule of -4- EFTA00186599 Criminal Procedure 6(e) list, that is, someone who is authorized to have access to the facts of the investigation and the materials related thereto. 8. As part of the Federal Grand Jury investigation, a subpoena was issued for all of the physical evidence obtained by PBPD during the course of its investigation, including the evidence seized when PBPD executed the search warrant at Epstein's residence in October 2005. Included in the evidence seized during the search of the Premises were the two CompactFlash memory cards. I have reviewed that evidence, which included a number of photographs of topless and nude young women taken at Epstein's residence. The evidence, including the two CompactFlash memory cards that are the subject of this application, have been in the custody of the Federal Bureau of Investigation since August 2006 and have not been tampered with or altered. Prior to that, they were in the custody of the Evidence Custodian of the Palm Beach Police Department, and I understand that the evidence was not tampered with or altered while in PBPD's custody. 9. I note that I am aware that Epstein's attorneys have alleged that Detective made misstatements in his application for the state search warrant, but they have not moved to suppress any of that evidence in connection with the prosecution of Epstein by the State Attorney's Office for felony solicitation of prostitution. No federal agency was involved in the application for or execution of the search warrant, and this application is based upon evidence obtained through the FBI's independent investigation. 10. During the course of the federal investigation, federal agents have interviewed more than two dozen young women who have reported engaging in sexual activity with Jeffrey Epstein while they were under eighteen. All of those girls have reported essentially the same information. While they were under the age of eighteen (between the ages of fourteen and seventeen), they were -5- EFTA00186600 approached by a colleague — either an acquaintance at school, a co-worker, a "friend of a friend," or the like — who told them that they could make a lot of money performing a "massage" for a wealthy older man who lived on Palm Beach island. In some cases the girls were told that they would have to remove some clothing during the massage, other girls were not told about this. The girls traveled to Epstein's residence and entered through a side door into the kitchcn of the residence. There they were met by Epstein and/or one of his personal assistants, usually . The girls would be led up to the master bathroom area of Epstein's bedroom. The bathroom had a separate room similar to a dressing area where a massage table would be set up. The girls described the presence of nude and topless photographs of young women throughout the house. Epstein would lie face down on the massage table and the girl would begin by massaging his back and legs. Epstein would then turn over and begin to masturbate while instructing the girl to pinch his nipples or to straddle him. In some cases, Epstein would place a large back massager/vibrator on the victim's vagina. With some girls, he would digitally penetrate her vagina while he masturbated. The sexual activity with some minors progressed to oral sex, sexual intercourse, and the introduction of an adult female into the activity. With some girls, the sexual activity began with the first massage; with others, there was no sexual activity at first but sexual activity occurred in later massages; and in many cases, Epstein pushed the girls to engage in more and more sexual activity with each visit. 11. Almost all of the sexual massages ended the same way, when Epstein ejaculated. Epstein or one of his assistants would pay the girl $200 or more, depending on how much sexual activity occurred. A fee of $200 also would be paid to the "recruiter" who brought the girl for the visit. If Epstein liked the girl, he or his assistant would ask for the girl's telephone number. Later, one of Epstein's assistants would call the girl directly to arrange for the girl to return. In some -6- EFTA00186601 instances of scheduling a girl for "work," which was a euphemism for performing a sexual massage, Epstein's assistants would make the arrangement for the next time that Epstein was in Florida. During those calls, the assistant would invite the girl to return to Epstein's home to "work." None of the girls ever spontaneously went to Epstein's home to provide a sexual massage. The appointments were set up over the telephone. 12. The victims interviewed by the federal agents were asked about Epstein's knowledge that they were minors. Many of the victims specifically discussed their ages with Epstein, and he provided them with birthday gifts, made statements about trips that he wanted to take them on when they were eighteen, and discussed high school events and college plans with them. For other victims, the subject of age was never discussed, and for others, their "recruiter" instructed them to lie and say they were eighteen. 13. One of the young women interviewed during the course of the FBI's investigation was ■ who stated that she first met Epstein at the age of fourteen. Epstein paidni$200 - $400 to provide him with massages. According to. during the three years that she saw Epstein, all but three of the over one hundred massages she provided were sexual in nature. The sexual activity ranged from self masturbation on Epstein's part to Epstein touching. vagina. On a separate occasion, Epstein introduce an unidentified female during a massage, who performed oral sex onil while Epstein had sexual intercourse with the unidentified female. 14. When', was approximately sixteen years old, Epstein's assistant, contactecaand told her that Epstein wanted to take some photographs of her. utilizing a digital camera, took nude photographs oflin several different locations in and around Epstein's Palm Beach residence. paidil$500 for posing for the nude photographs. Other -7- EFTA00186602 victims interviewed have repeatedly pointed to the existence of the pictures of nude and semi-nude women throughout the residence. 15. Efforts have been made to corroborate the statements °eland the other young women who have described their sexual relationships with Epstein. With respect to', there are telephone records showing phone calls toil during the time period that she was seeing Epstein', also described receiving gifts from Epstein via Federal Express. A grand jury subpoena issued to Federal Express contained records of a number of packages sent by Epstein or his assistants to. Likewise, the statements of other victims have been corroborated through telephone records, Western Union records, travel records, credit card receipts, sales records of theaters, and rental car records. 16. Also, during the FBI's investigation, I interviewed a young woman, who had known Epstein several years ago, when she was in her late teens/early twenties. The woman was a struggling artist in New York who was specializing in painting nude portraits. Prior to preparing a portrait,■ would take several photographic studies. Epstein was very interested in her work and her photographs, and also expressed an interest in the artist's younger sister, who was sixteen years old at the time. 17. Epstein and an associate/companion, Ghislaine Maxwell, made arrangements and paid for. to travel to one of his homes, located in New Mexico. One morning during that visit, Epstein got into bed with. Mr. Epstein told. that he felt like "cuddling." "described Epstein's actions as "spooning" and constantly hugging her. 18. Epstein and Maxwell also made arrangements and paid foU to fly home to for the primary purpose of taking artistic photographs of her family members in the nude. This -8- EFTA00186603 included the artist's younger siblings, two sisters" and a Due to the sensitive nature of the photographs,areated a photo log to document each image and the order it was taken. LaterIlleamed that seven photographs, two Oland five of the were missing.ig who was very upset, contacted Epstein's office and asked for one of Epstein's assistants to look for the missing photographs." also confronted Epstein and Maxwell about the missing photographs which they claimed they did not possess. A few weeks later. received a telephone call from an unidentified caller who stated that the missing photographs were in Epstein's briefcase. The missing photographs were not recovered andnbelieves that Epstein is in possession of them. Although those photographs were artistic, rather than pornographic in nature, this further shows Epstein's interest in taking and maintaining nude and semi-nude photographs of minors. 19. I have interviewed" andlabout their experiences with Epstein. Both" &lite reluctant to divulge their experiences publically. During the interview with she was visibly disturbed when recalling an incident with Epstein at his ranch in New Mexico when she was sixteen years oldistated that one evening Epstein had come into her bedroom and sat on the bed. Epstein stroked her hair and told her she was beautiful. I was unable to recall the remainder of any events that evening.'. has also expressed her concern of speaking publicly against Epstein for fear of reprisals against her or her family. The Items to Be Searched and the Information Soueht 20. This application seeks permission to forensically examine two CompactFlash memory cards. Your Affiant knows that electronic media, i.e., CompactFlash memory cards, may be important to a criminal investigation because the objects may be used as storage devices that contain -9- EFTA00186604 contraband, evidence, instrumentalities, or fruits of a crime in the form of electronic data. Rule 41 of the Federal Rules of Criminal Procedure permit the government to search for and seize computer hardware, software, and electronic files that are evidence of crime, contraband, instrumentalities of crime and/or fruits of crime. I know that CompactFlash memory cards are most often used in digital cameras to store photographs taken with the cameras. However, memory cards can be used to store any type of digital data, including computer files. 21. The nature of electronic media, i.e., CompactFlash memory cards, requires forensic analysis to employ a variety of different search techniques. These techniques include, but are not limited to, opening files, reviewing directories of files, and searching for and analyzing deleted and/or hidden information. While conducting the analysis, data will be continuously evaluated as to whether or not it is within the scope of the issued search warrant. Only information within the scope of the search warrant will be acknowledged, shared with, or provided to, the investigators involved in this matter. All other information will be closed and maintained within the analytical unit. Forensic analysis will be conducted in close consultation with the United States Attorney's office for specific legal guidance throughout the analytical and reporting process. 22. I understand that reviewing the contents of the CompactFlash memory cards was within the scope of the State search warrant that gave rise to the seizure of the cards from Epstein's residence, and that PBPD reviewed the contents of the cards. I also understand that an FBI agent conducted a similar review when all of the items were taken into federal custody pursuant to the federal grand jury subpoena. Those reviews did not involve a forensic examination to determine if there were any deleted or corrupted files, which could be recovered only via such a forensic analysis. I understand that the cursory reviews performed by the other law enforcement officers did not delete -10- EFTA00186605 or add any files to the CompactFlash memory cards and, therefore, they contain the same information that they had at the time they were removed from the Epstein residence. While the cursory review performed by the FBI agent did not exceed the scope of the PBPD's review, and therefore did not require the issuance of a warrant, the forensic review that is requested by this application would expand that review and, accordingly, your Affiant requests the issuance of a search warrant in accordance with United States v. Jacobsen, 466 U.S. 109, 115-21 (1984). 23. As explained above, Epstein instructed one of his assistants to photograph Musing a digital camera; Illeported Epstein's unusual interest in, and probable theft of, nude photographs of the minor members of her family; and Epstein engaged in inappropriate sexual activity with numerous minor females. In light of Epstein's display of photographs of nude and semi-nude young women throughout his residence, your Affiant avers that there is probable cause to believe that photographs or other evidence of the victims' visits to Epstein's residence may be found on the CompactFlash memory cards. Accordingly, your Affiant seeks permission to forensically examine the CompactFlash memory cards for evidence, instrumentalities, and fruits of the crimes listed above, that is, the electronic information contained within the memory cards, including electronic files containing photographs, owner identification information, date and time information, names, addresses, and information regarding the source of any photographs or the persons depicted in any photographs. 24. Although the cursory reviews did not reveal any of the items sought, your Affiant avers that there is probable cause to believe that a thorough forensic examination, which would include the recovery of any deleted or corrupted files, would result in the discovery of the data listed above, which is evidence, instrumentalities, and fruits of the crimes under investigation. -11- EFTA00186606 WHEREFORE, your Affiant requests that this court issue a search warrant for the CompactFlash memory cards described in the Application for Search Warrant and for the seizure of the items listed above. FURTHER YOUR AFFIANT SAYETH NAUGHT. pecta gen Federal Bureau of Investigation Subscribed and sworn to before me this 7 day of March, 2008 fr-r7 rtCC -/D f~ »~ LINNEA R. JOHNSON UNITED STATES MAGISTRATE JUDGE -12- EFTA00186607 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA No. 08-8067-LRJ IN RE APPLICATION FOR SEARCH WARRANT FOR ONE RITZ BIG PRINT DIGITAL FILM 128 MEGABYTE COMPACT FLASH MEMORY CARD MARKED 3608128AW4801CF53 IN THE CUSTODY OF THE FEDERAL BUREAU OF INVESTIGATION CRIMINAL COVER SHEET 1. Did this matter originate from a matter pending in the United States Attorney's Office prior to April 1, 1999? Yes X No If yes, was it pending in the Central Region? Yes No 2. Did this matter originate from a matter pending in the United States Attorney's Office prior to April 1, 2003? Yes X No 3. Did this matter originate from a matter pending in the Narcotics Section (Miami) of the United States Attorney's Office prior to May 18, 2003? Yes No 4. Did this matter originate from a matter pending in the Northern Region of the United States Attorney's Office prior to October 14, 2003? Yes No 5. Did this matter originate from a matter pending in the Central Region of the United States Attorney's Office prior to September 1, 2007? Yes X No BY: Respectfully submitted, R. ALEXANDER ACOSTA STATES ATTORNEY ASSISTANT UNITED STATES ATTORNEY Florida Bar No. 500 South Australian Avenue, Suite 400 West Palm Beac FL 33401 TEL FAX EFTA00186608 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA 08-8067-LRJ IN RE SEARCH WARRANT APPLICATION ORDER GRANTING UNITED STATES' MOTION TO SEAL This matter comes before the Court upon the United States' Motion to Seal the documents related to its Search Warrant Application. The Court being fully apprised in the premises, orders that the motion is hereby GRANTED. DONE AND ORDERED in chambers, in West Palm Beach, Florida, this / 7 day of March, 2008. cc: AUSA Cl y ." LINNEA R. JOHNS° UNITED STATE AGISTRATE JUDGE M ind to be " In1P ant tree% top n tncnment on tile i rt Steven M anmore k, ts. 0ic.tnct South ay 13e.wity uterk EFTA00186609 (Rev. 06/2005).Seakd Document Tracking Form UNITED STATES DISTRICT COURT Southern District of Florida Number: 08-8067-LRJ In Re SEARCH WARRANT APPLICATION SEALED DOCUMENT TRACKING FORM Party Filing Matter Under Seal On behalf of (select one): Name: U.S. Attorneys Office Address: 500 S. Australian Ave, State 400. West Palm Beath, FL 33401 Telephone: 0 Plaintiff 0 Defendant Date sealed document filed: 3/17t2008 If sealed pursuant to statute, cite statute: Fed. R. Crim. P. 6(e) (Grand Judy Material) If sealed pursuant to previously entered protective order, date of order and docket entry number: The matter should remain sealed until: 0 Conclusion of Trial 0 Arrest of First Defendant o Case Closing 0 Conclusion of Direct Appeal El Other: (CI Permanently. Specify the authorizing law, rule, court order: The moving party requests that when the sealing period expires, the filed matter should be (select one): 0 Unsealed and placed in the public portion of the court file 0 Destroyed 0 Returned to the party or counsel for the party, as identified above EFTA00186610 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA 08-8067-LRJ IN RE: SEARCH WARRANT APPLICATION MOTION TO FILE DOCUMENTS UNDER SEAL The United States of America, by and through the undersigned Assistant United States Attorney, hereby moves to seal its Application for Search Warrant for the following reasons: 1. The attached documents contain information relating to an ongoing grand jury investigation; thus, pursuant to Fed. R. Crim. P. 6(e)(6), all records and orders related to the grand- jury proceedings must be kept under seal to the extent and as long as necessary to prevent the unauthorized disclosure of a matter occurring before the grand jury. 2. Public disclosure of this matter would jeopardize the criminal investigation, notify potential subjects and/or targets and undermine the public interest and the function of the grand jury. WHEREFORE, the United States respectfully requests that the aforementioned documents be sealed. Respectfully submitted, R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Florida Bar No. 500 South Australian Avenue, Suite 400 West Palm 01 Telephone: Facsimile: EFTA00186611 LINNEA R. JOHNSON UNITED STATES MAGISTRATE Name and Title of Judicial Officer AO 106 (Rev. 5/85) Affidavit for Search Warrant United States District Court SOUTHERN DISTRICT OF In the Matter of the Search of (Name, address or brief deteripdoo of person to be searched) One Ritz Big Print Digital Film 128 Megabyte CompactFlash memory card marked 3608128AW4801CF53 in the custody of the Federal Bureau of Investigation FLORIDA APPLICATION AND AFFIDAVIT FOR SEARCH WARRANT CASE NUMBER: 0841067-L11J , being duly sworn, depose and say: I am a Special Agent. Federal Bureau of Investigation , and have reason to believe that on the person of or X on the premises known as (name, description and/or location): One Ritz Big Print Digital Film 128 Megabyte CompactFlash memory card, marked 3608128AW4801CF53, in the custody of the Federal Bureau of Investigation 505 S. Flagler Drive, Suite 500, West Palm Beach, Florida in the Southern District of Florida , there is now concealed a certain person or property, namely (describe the person or property): the electronic information contained in that CompactFlash memory card, which is (give alleged grounds for search and seizure under Rule 41(b) of the Federal Rules of Criminal Procedure) evidence, instrumentalities, and fruits of a crime, concerning violations of Title 18, United States Code, Sections 371, 1591, 2252, 2252A, 2422, and 2423. The facts to support the issuance of a Search Warrant are as follows: see Attached Affidavit o Continued on the attached sheet and made a part hereof. f Sworn to before me, and sub crialikiliti TiAlikult:til file 3 - ( 7 -- (fir at .t: ore nit, Date Soot nib By JUDGE EFTA00186612 AFFIDAVIT I, E. (the "Affiant"), being duly sworn, depose and state: 1. I am a Special Agent with the Federal Bureau of Investigation ("FBI") and have been so employed for the past ten (10) years. I am currently assigned to PB-2, the Violent Crimes and Major Offenses Squad of the Palm Beach County Resident Agency, Miami Division. Among my responsibilities as a Special Agent are investigating crimes against children, particularly offenses involving child pornography and the exploitation of children. 2. I make this affidavit in support of an application by the United States of America for issuance of a warrant to search and seize evidence of violations of Title 18, United States Code, Sections 371, 1591, 2252, 2252A, 2422, and 2423; instrumentalities of such violations; and any fruits of those crimes located within electronic media, specifically two 128MB CompactFlash memory cards, seized in October 2005 by The Town of Palm Beach Police Department("PBPD") during the execution of a State of Florida search warrant at the premises located at 358 El Brillo Way, Palm Beach, Florida 33480, owned by Jeffrey Epstein (hereinafter, "Epstein's residence"). Those CompactFlash memory cards are more fully described as follows: (a) one Ritz Big Print Digital Film 128 Megabyte CompactFlash memory card, marked 3608128AW4801CF53, and (b) one PNY Technologies 128 Megabyte CompactFlash memory card, marked THNCF128MMA(T00CB) 999223 TAIWAN 0247 (hereinafter jointly referred to as "CompactFlash memory cards"). 3. The facts set forth in this affidavit arc based on my personal knowledge, information obtained in this investigation from others, including other law enforcement officers, my review of documents and records related to this investigation, and information gained through my training and -1- EFTA00186613 experience. Since this affidavit is being submitted for the limited purpose of securing a search warrant, I have not included each and every fact known to me concerning this investigation, but have set forth only those facts necessary to establish probable cause to believe that evidence, instrumentalities, and fruits of crimes, that is violations of Title 18, United States Code, Sections 371, 1591, 2252, 2252A, 2422, and 2423 will be found within the CompactFlash memory cards, specifically the electronic information contained therein. The Statutes Involved 4. The investigation involves possible violations of Title 18, United States Code, Sections 371, 1591, 2252, 2252A, 2422, and 2423, which provide as follows: a. 18 U.S.C. § 371 makes it an offense for two or more persons to conspire to commit an offense against the United States; b. 18 U.S.C. § 1591(a) makes it an offense for anyone to knowingly, in or affecting interstate commerce, recruit, entice, provide, or obtain by any means a person , knowing that the person has not attained the age of eighteen and will be caused to engage in a commercial sex act; c. 18 U.S.C. §§ 2252 and 2252A prohibit the manufacture, possession, distribution, and receipt of child pornography; d. 18 U.S.C. § 2422(b) prohibits the use of a facility of interstate commerce, including the telephone, to persuade, induce, or entice a minor to engage in prostitution or any sexual activity for which any person can be charged with a criminal offense; and e. 18 U.S.C. § 2423(6) makes it an offense for anyone to travel in interstate commerce for the purpose of engaging in any illicit sexual conduct with another person. "Illicit -2- EFTA00186614 sexual conduct" includes a commercial sex act with a person under eighteen or other sexual conduct with a person under the age of sixteen. 5. Section 2422(b) refers to activity "for which any person can be charged with a criminal offense." Pursuant to: a. Florida Statutes Section 794.05, a "person 24 years of age or older who engages in sexual activity with a person 16 or 17 years of age commits a felony of the second degree;" b. Florida Statutes Section 794.021, "ignorance of the age [of the victim] is no defense," and that neither "misrepresentation of age by [the victim] nor a bona fide belief that such person is over the specified age [shall] be a defense;" c. Florida Statutes Sections 800.04(5)(a) and 800.04(5)(c)(2), an adult "who intentionally touches in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks, or the clothing covering them, of a person less than 16 years of age, or forces or entices a person under 16 years of age to so touch the perpetrator, commits lewd or lascivious molestation," which is a felony of the second degree if the victim is 12 years of age or older but less than 16 years of age; d. Florida Statutes Sections 800.04(6)(a) and 800.04(6)(b), an adult "who [i]ntentionally touches a person under 16 years of age in a lewd or lascivious manner or [s]olicits a person under 16 years of age to commit a lewd or lascivious act commits lewd or lascivious conduct," which is a felony of the second degree; -3- EFTA00186615 e. Florida Statutes Sections 800.04(7)(a) and 800.04(7)(c), an adult "who: (1) [i]ntentionally masturbates; (2) [i]ntentionally exposes the genitals in a lewd or lascivious manner; or (3) [i]ntentionally commits any other sexual act that does not involve actual physical or sexual contact with the victim, including, but not limited to . . . the simulation of any act involving sexual activity in the presence of a victim who is less than 16 years of age, commits lewd or lascivious exhibition," which is a felony of the second degree. f. Florida Statutes Section 800.04(2), "[n]either the victim's lack of chastity nor the victim's consent is a defense to the crimes proscribed by [Section 800.04]." g. Florida Statutes Section 800.04(3), "[t]he perpetrator's ignorance of the victim's age, the victim's misrepresentation of his or her age, or the perpetrator's bona fide belief of the victim's age cannot be raised as a defense in a prosecution under [Section 800.04]." h. Florida Statutes Section 800.02, a "person who commits any unnatural and lascivious act with another person commits a misdemeanor of the second degree." The Epstein Investigation 6. In the Spring of 2006, Detective with the Town of Palm Beach Police Department contacted me about the investigation of Jeffrey Epstein's solicitation of minors to engage in prostitution and his lewd and lascivious conduct with minors. The FBI opened a case file in July 2006, and your Affiant is the case agent assigned to the investigation. 7. At around the same time that the FBI opened its investigation, the U.S. Attorney's Office began a grand jury investigation. Your Affiant is one of the agents on the Federal Rule of -4- EFTA00186616 Criminal Procedure 6(e) list, that is, someone who is authorized to have access to the facts of the investigation and the materials related thereto. 8. As part of the Federal Grand Jury investigation, a subpoena was issued for all o f the physical evidence obtained by PBPD during the course of its investigation, including the evidence seized when PBPD executed the search warrant at Epstein's residence in October 2005. Included in the evidence seized during the search of the Premises were the two CompactFlash memory cards. I have reviewed that evidence, which included a number of photographs of topless and nude young women taken at Epstein's residence. The evidence, including the two CompactFlash memory cards that are the subject of this application, have been in the custody of the Federal Bureau of Investigation since August 2006 and have not been tampered with or altered. Prior to that, they were in the custody of the Evidence Custodian of the Palm Beach Police Department, and I understand that the evidence was not tampered with or altered while in PBPD's custody. 9. I note that I am aware that Epstein's attorneys have alleged that Detective made misstatements in his application for the state search warrant, but they have not moved to suppress any of that evidence in connection with the prosecution of Epstein by the State Attorney's Office for felony solicitation of prostitution. No federal agency was involved in the application for or execution of the search warrant, and this application is based upon evidence obtained through the FBI's independent investigation. 10. During the course of the federal investigation, federal agents have interviewed more than two dozen young women who have reported engaging in sexual activity with Jeffrey Epstein while they were under eighteen. All of those girls have reported essentially the same information. While they were under the age of eighteen (between the ages of fourteen and seventeen), they were -5- EFTA00186617 approached by a colleague — either an acquaintance at school, a co-worker, a "friend of a friend," or the like — who told them that they could make a lot of money performing a "massage" for a wealthy older man who lived on Palm Beach island. In some cases the girls were told that they would have to remove some clothing during the massage, other girls were not told about this. The girls traveled to Epstein's residence and entered through a side door into the kitchen of the residence. There they were met by Epstein and/or one of his personal assistants, usually The girls would be led up to the master bathroom area of Epstein's bedroom. The bathroom had a separate room similar to a dressing area where a massage table would be set up. The girls described the presence of nude and topless photographs of young women throughout the house. Epstein would lie face down on the massage table and the girl would begin by massaging his back and legs. Epstein would then turn over and begin to masturbate while instructing the girl to pinch his nipples or to straddle him. In some cases, Epstein would place a large back massager/vibrator on the victim's vagina. With some girls, he would digitally penetrate her vagina while he masturbated. The sexual activity with some minors progressed to oral sex, sexual intercourse, and the introduction of an adult female into the activity. With some girls, the sexual activity began with the first massage; with others, there was no sexual activity at first but sexual activity occurred in later massages; and in many cases, Epstein pushed the girls to engage in more and more sexual activity with each visit. 11. Almost all of the sexual massages ended the same way, when Epstein ejaculated. Epstein or one of his assistants would pay the girl $200 or more, depending on how much sexual activity occurred. A fee of $200 also would be paid to the "recruiter" who brought the girl for the visit. If Epstein liked the girl, he or his assistant would ask for the girl's telephone number. Later, one of Epstein's assistants would call the girl directly to arrange for the girl to return. In some -6- EFTA00186618 instances of scheduling a girl for "work," which was a euphemism for performing a sexual massage, Epstein's assistants would make the arrangement for the next time that Epstein was in Florida. During those calls, the assistant would invite the girl to return to Epstein's home to "work." None of the girls ever spontaneously went to Epstein's home to provide a sexual massage. The appointments were set up over the telephone. 12. The victims interviewed by the federal agents were asked about Epstein's knowledge that they were minors. Many of the victims specifically discussed their ages with Epstein, and he provided them with birthday gifts, made statements about trips that he wanted to take them on when they were eighteen, and discussed high school events and college plans with them. For other victims, the subject of age was never discussed, and for others, their "recruiter" instructed them to lie and say they were eighteen. 13. One of the young women interviewed during the course of the FBI's investigation was al who stated that she first met Epstein at the age of fourteen. Epstein paidll $200 - $400 to provide him with massages. According a during the three years that she saw Epstein, all but three of the over one hundred massages she provided were sexual in nature. The sexual activity ranged from self masturbation on Epstein's part to Epstein touchinj vagina. On a separate occasion, Epstein introduce an unidentified female during a massage, who performed oral sex orli while Epstein had sexual intercourse with the unidentified female. 14. Wherlj was approximately sixteen years old, , Epstein's assistant, contactedill and told her that Epstein wantcd to take some photographs of her. utilizing a digital camera, took nude photographs ol, in several different locations in and around Epstein's Palm Beach residence. pane $500 for posing for the nude photographs. Other -7- EFTA00186619 victims interviewed have repeatedly pointed to the existence of the pictures of nude and semi-nude women throughout the residence. 15. Efforts have been made to corroborate the statements oiland the other young women who have described their sexual relationships with Epstein. With respect to M there are telephone records showing allphone calls to 'during the time period that she was seeing Epstein. also described receiving gifts from Epstein via Federal Express. A grand jury subpoena issued to Federal Express contained records of a number of packages sent by Epstein or his assistants to ■ Likewise, the statements of other victims have been corroborated through telephone records, Western Union records, travel records, credit card receipts, sales records of theaters, and rental car records. 16. Also, during the FBI's investigation, I interviewed a young woman, who had known Epstein several years ago, when she was in her late teens/early twenties. The woman was a struggling artist in New York who was specializing in painting nude portraits. Prior to preparing a portraitillwould take several photographic studies. Epstein was very interested in her work and her photographs, and also expressed an interest in the artist's younger sister,Ill who was sixteen years old at the time. 17. Epstein and an associate/companion, Ghislaine Maxwell, made arrangements and paid forlito travel to one of his homes, located in New Mexico. One morning during that visit, Epstein got into bed with. Mr. Epstein toldlithat he felt like "euddling."Ilidescribed Epstein's actions as "spooning" and constantly hugging her. 18. Epstein and Maxwell also made arrangements and paid forlito fly home to for the primary purpose of taking artistic photographs of her family members in the nude. This -8- EFTA00186620 included the artist's younger siblings, two sisters.anall. . Due to the sensitive nature of the photographs, created a photo log to document each image and the order it was taken. Later,. learned that seven photographs, two (Sand five of the , were missing". who was very upset, contacted Epstein's office and asked for one o f Epstein's assistants to look for the missing photographsialso confronted Epstein and Maxwell about the missing photographs which they claimed they did not possess. A few weeks late. received a telephone call from an unidentified caller who stated that the missing photographs were in Epstein's briefcase. The missing photographs were not recovered and. believes that Epstein is in possession of them. Although those photographs were artistic, rather than pornographic in nature, this further shows Epstein's interest in taking and maintaining nude and semi-nude photographs of minors. 19. I have interviewed,' an$ about their experiences with Epstein. Botheanaare reluctant to divulge their experiences publically. During the interview with., she was visibly disturbed when recalling an incident with Epstein at his ranch in New Mexico when she was sixteen years oldittated that one evening Epstein had come into her bedroom and sat on the bed. Epstein stroked her hair and told her she was beautifulWas unable to recall the remainder of any events that evening' ■as also expressed her concern of speaking publicly against Epstein for fear of reprisals against her or her family. The Items to Be Searched and the Information Sought 20. This application seeks permission to forensically examine two CompactFlash memory cards. Your Affiant knows that electronic media, i.e., CompactFlash memory cards, may be important to a criminal investigation because the objects maybe used as storage devices that contain -9- EFTA00186621 contraband, evidence, instrumentalities, or fruits of a crime in the form of electronic data. Rule 41 of the Federal Rules of Criminal Procedure permit the government to search for and seize computer hardware, software, and electronic files that are evidence of crime, contraband, instrumentalities of crime and/or fruits of crime. I know that CompactFlash memory cards are most often used in digital cameras to store photographs taken with the cameras. However, memory cards can be used to store any type of digital data, including computer files. 21. The nature of electronic media, i.e., CompactFlash memory cards, requires forensic analysis to employ a variety of different search techniques. These techniques include, but are not limited to, opening files, reviewing directories of files, and searching for and analyzing deleted and/or hidden information. While conducting the analysis, data will be continuously evaluated as to whether or not it is within the scope of the issued search warrant. Only information within the scope of the search warrant will be acknowledged, shared with, or provided to, the investigators involved in this matter. All other information will be closed and maintained within the analytical unit. Forensic analysis will be conducted in c►ose consultation with the United States Attorney's office for specific legal guidance throughout the analytical and reporting process. 22. I understand that reviewing the contents of the CompactFlash memory cards was within the scope of the State search warrant that gave rise to the seizure of the cards from Epstein's residence, and that PBPD reviewed the contents of the cards. I also understand that an FBI agent conducted a similar review when all of the items were taken into federal custody pursuant to the federal grand jury subpoena. Those reviews did not involve a forensic examination to determine if there were any deleted or corrupted files, which could be recovered only via such a forensic analysis. I understand that the cursory reviews performed by the other law enforcement officers did not delete -10- EFTA00186622 or add any files to the CompactFlash memory cards and, therefore, they contain the same information that they had at the time they were removed from the Epstein residence. While the cursory review performed by the FBI agent did not exceed the scope of the PBPD's review, and therefore did not require the issuance of a warrant, the forensic review that is requested by this application would expand that review and, accordingly, your Affiant requests the issuance of a search warrant in accordance with United States v. Jacobsen, 466 U.S. 109, 115-21 (1984). 23. As explained above, Epstein instructed one of his assistants to photograpa using a digital camera,. reported Epstein's unusual interest in, and probable theft of, nude photographs of the minor members of her family; and Epstein engaged in inappropriate sexual activity with numerous minor females. In light of Epstein's display of photographs of nude and semi-nude young women throughout his residence, your Affiant avers that there is probable cause to believe that photographs or other evidence of the victims' visits to Epstein's residence may be found on the CompactFlash memory cards. Accordingly, your Affiant seeks permission to forensically examine the CompactFlash memory cards for evidence, instrumentalities, and fruits of the crimes listed above, that is, the electronic information contained within the memory cards, including electronic files containing photographs, owner identification information, date and time information, names, addresses, and information regarding the source of any photographs or the persons depicted in any photographs. 24. Although the cursory reviews did not reveal any of the items sought, your Affiant avers that there is probable cause to believe that a thorough forensic examination, which would include the recovery of any deleted or corrupted files, would result in the discovery of the data listed above, which is evidence, instrumentalities, and fruits of the crimes under investigation. -11- EFTA00186623 WHEREFORE, your Affiant requests that this court issue a search warrant for the CompactFlash memory cards described in the Application for Search Warrant and for the seizure of the items listed above. FURTHER YOUR. AFFIANT SAYE111 NAUGHT. Specia Agent Federal Bureau of Investigation Subscribed and sworn to before me this 7' 7 day of March, 2008 R. JOHNSON UNITED STATES MA r. TRATE JUDGE -12- EFTA00186624 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA No. 08-8067-LRJ IN RE APPLICATION FOR SEARCH WARRANT FOR ONE RITZ BIG PRINT DIGITAL FILM 128 MEGABYTE COMPACT FLASH MEMORY CARD MARKED 3608128AW4801CF53 IN THE CUSTODY OF THE FEDERAL BUREAU OF INVESTIGATION CRIMINAL COVER SHEET 1. Did this matter originate from a matter pending in the United States Attorney's Office prior to April 1, 1999? Yes X No If yes, was it pending in the Central Region? Yes No 2. Did this matter originate from a matter pending in the United States Attorney's Office prior to April 1, 2003? Yes X No 3. Did this matter originate from a matter pending in the Narcotics Section (Miami) of the United States Attorney's Office prior to May 18, 2003? Yes X No 4. Did this matter originate from a matter pending in the Northern Region of the United States Attorney's Office prior to October 14, 2003? Yes X No 5. Did this matter originate from a matter pending in the Central Region of the United States Attorney's Office prior to September 1, 2007? Yes _21 No Respectfully submitted, R. ALEXANDER ACOSTA BY: ASSISTANT UNITED STATES ATTORNEY Florida Bar No. 500 South Australian Avenue, Suite 400 West Palm Beach FL 33401 TEL EFTA00186625 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA No. 08-8067-LRJ IN RE APPLICATION FOR SEARCH WARRANT FOR ONE RITZ BIG PRINT DIGITAL FILM 128 MEGABYTE COMPACT FLASH MEMORY CARD MARKED 3608128AW4801CF53 IN THE CUSTODY OF THE FEDERAL BUREAU OF INVESTIGATION CRIMINAL COVER SHEET 1. Did this matter originate from a matter pending in the United States Attorney's Office prior to April 1,1999? Yes X No If yes, was it pending in the Central Region? Yes No 2. Did this matter originate from a matter pending in the United States Attorneys Office prior to April I, 2003? Yes X No 3. Did this matter originate from a matter pending in the Narcotics Section (Miami) of the United States Attorney's Office prior to May 18, 2003? Yes No 4. Did this matter originate from a matter pending in the Northern Region of the United States Attorney's Office prior to October 14, 2003? Yes X No 5. Did this matter originate from a matter pending in the Central Region of the United States Attorney's Office prior to September 1, 2007? Yes X No Respectfully submitted, R ALEXANDER ACOSTA BY: ASSISTANT UNITED STATES ATTORNEY Florida Bar No. 500 South Australian Avenue, Suite 400 West Palm Beach, FL 33401 TEL EFTA00186626 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA 08-8067-LRI IN RE: SEARCH WARRANT APPLICATION MOTION TO FILE DOCUMENTS UNDER SEAL The United States of America, by and through the undersigned Assistant United States Attorney, hereby moves to seal its Application for Search Warrant for the following reasons: 1. The attached documents contain information relating to an ongoing grand jury investigation; thus, pursuant to Fed. R. Crim. P. 6(eX6), all records and orders related to the grand- jury proceedings must be kept under seal to the extent and as long as necessary to prevent the unauthorized disclosure of a matter occurring before the grand jury. 2. Public disclosure of this matter would jeopardize the criminal investigation, notify potential subjects and/or targets and undermine the public interest and the function of the grand jury. WHEREFORE, the United States respectfully requests that the aforementioned documents be sealed. • By: Respectfully submitted, R. ALEXANDER ACOSTA on a Bar No. 500 South Aus < ian venue, Suite 400 West Palm Reach. . 34dt11 Telephone. Facsimile: EFTA00186627 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA 08-8067-LRJ IN RE: SEARCH WARRANT APPLICATION ORDER GRANTING UNITED STATES' MOTION TO SEAL This matter comes before the Court upon the United States' Motion to Seal the documents related to its Search Warrant Application. The Court being fully apprised in the premises, orders that the motion is hereby GRANTED. DONE AND ORDERED in chambers, in West Palm Beach, Florida, this day of March, 2008. LINNEA R. JOHNSON UNITED STATES MAGISTRATE JUDGE cc: AUSA EFTA00186628 (Rev. 06/2005)Scaled Document Tracking Fonn UNITED STATES DISTRICT COURT Southern District of Florida Number: 08-8067•LRJ In Re SEARCH WARRANT APPLICATION SEALED DOCUMENT TRACKING FORM Party Filing Matter Under Seal On behalf of (select one): Name: .S. Attorneys Office Address: 500 S. Australian Ave, Suite 400, West Palm Beach, FL 33401 Telephone: 0 Plaintiff O Defendant Date sealed document filed: 3/1712008 If sealed pursuant to statute, cite statute: Red. R. Grim. P. 6(e) (Grand Jury Materiel) If sealed pursuant to previously entered protective order, date of order and docket entry number: The matter should remain sealed until: O Conclusion of Trial 0 Arrest of First Defendant Cl Case Closing 0 Conclusion of Direct Appeal O Other: O Permanently. Specify the authorizing law, rule, court order: The moving party requests that when the sealing period expires, the fled matter should be (select one): El Unsealed and placed in the public portion of the court file 0 Destroyed 0 Returned to the party or counsel for the party, as identified above Attorney for: Movant United States cr erica EFTA00186629 AO 106 (Rev. Sf85) Affidavit for Starch Warrant United States District Court SOUTHERN In the Matter of the Search of (Name, address or brief descriptioo of perms to be searched) DISTRICT OF FLORIDA One Ritz Big Print Digital Film 128 Megabyte CompactFlash memory card marked 3608128AW4801CF53 in the custody of the Federal Bureau of Investigation APPLICATION AND AFFIDAVIT FOR SEARCH WARRANT CASE NUMBER: 088067-LRJ , being duly sworn, depose and say: I am a Special Agent, Federal Bureau of Investigation , and have reason to believe that on the person of or X on the premises known as (name, description and/or location): One Ritz Big Print Digital Film 128 Megabyte CompactFlash memory card, marked 3608128AW4801CF53, in the custody of the Federal Bureau of Investigation 505 S. Flagler Drive, Suite 500, West Palm Beach, Florida in the Southern District of Florida there is now concealed a certain person or property, namely (describe the person or property): the electronic information contained in that CompactFlash memory card, which is (give alleged grounds for search and seizure under Rule 41(b) of the Federal Rules of Criminal Procedure) evidence, instrumentalities, and fruits of a crime, concerning violations of Title 18, United States Code, Sections 371, 1591, 2252, 2252A, 2422, and 2423. The facts to support the issuance of a Search Warrant are as follows: seg Attached Affidavit o Continued on the attached sheet and made a part hereof. X Yes _No Sworn to before me, and subscribed in my presence: , Special Agent Federal Bureau of Investigation al WEST PALM BEACH. FLORIDA Date City and State LINNEA R. JOHNSON UNITED STATES MAGISTRATE JUDGE Name and Title of Judicial Officer Signature of Judicial Officer EFTA00186630 AFFIDAVIT I, E. (the "Affiant"), being duly sworn, depose and state: 1. I am a Special Agent with the Federal Bureau of Investigation ("FBI") and have been so employed for the past ten (10) years. I am currently assigned to PB-2, the Violent Crimes and Major Offenses Squad of the Palm Beach County Resident Agency, Miami Division. Among my responsibilities as a Special Agent are investigating crimes against children, particularly offenses involving child pornography and the exploitation of children. 2. I make this affidavit in support of an application by the United States of America for issuance of a warrant to search and seize evidence of violations of Title 18, United States Code, Sections 371, 1591, 2252, 2252A, 2422, and 2423; instrumentalities of such violations; and any fruits of those crimes located within electronic media, specifically two 128MB CompactFlash memory cards, seized in October 2005 by The Town of Palm Beach Police Department("PBPD") during the execution of a State of Florida search warrant at the premises located at 358 El Brillo Way, Palm Beach, Florida 33480, owned by Jeffrey Epstein (hereinafter, "Epstein's residence"). Those CompactFlash memory cards are more hilly described as follows: (a) one Ritz Big Print Digital Film 128 Megabyte CompactFlash memory card, marked 3608128AW4801CF53, and (b) one PNY Technologies 128 Megabyte CompactFlash memory card, marked THNCF128MMA(T00CB) 999223 TAIWAN 0247 (hereinafter jointly referred to as "CompactFlash memory cards"). 3. The facts set forth in this affidavit arc based on my personal knowledge, information obtained in this investigation from others, including other law enforcement officers, my review of documents and records related to this investigation, and information gained through my training and -1- EFTA00186631 experience. Since this affidavit is being submitted for the limited purpose of securing a search warrant, I have not included each and every fact known to me concerning this investigation, but have set forth only those facts necessary to establish probable cause to believe that evidence, instrumentalities, and fruits of crimes, that is violations of Title 18, United States Code, Sections 371, 1591, 2252, 2252A, 2422, and 2423 will be found within the CompactFlash memory cards, specifically the electronic information contained therein. The Statutes Involved 4. The investigition involves possible violations of Title 18, United States Code, Sections 371, 1591, 2252, 2252A, 2422, and 2423, which provide as follows: a. 18 U.S.C. § 371 makes it an offense for two or more persons to conspire to commit an offense against the United States; b. 18 U.S.C. § 1591(a) makes it an offense for anyone to knowingly, in or affecting interstate commerce, recruit, entice, provide, or obtain by any means a person , knowing that the person has not attained the age of eighteen and will be caused to engage in a commercial sex act; c. 18 U.S.C. §§ 2252 and 2252A prohibit the manufacture, possession, distribution, and receipt of child pornography; d. 18 U.S.C. § 2422(b) prohibits the use of a facility of interstate commerce, including the telephone, to persuade, induce, or entice a minor to engage in prostitution or any sexual activity for which any person can be charged with a criminal offense; and e. 18 U.S.C. § 2423(b) makes it an offense for anyone to travel in interstate commerce for the purpose of engaging in any illicit sexual conduct with another person. "Illicit -2- EFTA00186632 sexual conduct" includes a commercial sex act with a person under eighteen or other sexual conduct with a person under the age of sixteen. 5. Section 2422(b) refers to activity "for which any person can be charged with a criminal offense." Pursuant to: a. Florida Statutes Section 794.05, a "person 24 years of age or older who engages in sexual activity with a person 16 or 17 years of age commits a felony of the second degree;" b. Florida Statutes Section 794.021, "ignorance of the age [of the victim] is no defense," and that neither "misrepresentation of age by [the victim] nor a bona fide belief that such person is over the specified age [shall] be a defense;" c. Florida Statutes Sections 800.04(5)(a) and 800.04(5)(c)(2), an adult "who intentionally touches in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks, or the clothing covering them, of a person less than 16 years of age, or forces or entices a person under 16 years of age to so touch the perpetrator, commits lewd or lascivious molestation," which is a felony of the second degree if the victim is 12 years of age or older but less than 16 years of age; d. Florida Statutes Sections 800.04(6)(a) and 800.04(6)(b), an adult "who [i]ntentionally touches a person under 16 years of age in a lewd or lascivious manner or [s]olicits a person under 16 years of age to commit a lewd or lascivious act commits lewd or lascivious conduct," which is a felony of the second degree; -3- EFTA00186633 e. Florida Statutes Sections 800.04(7)(a) and 800.04(7)(c), an adult "who: (1) [i]ntentionally masturbates; (2) [i]ntentionally exposes the genitals in a lewd or lascivious manner; or (3) [i]ntentionally commits any other sexual act that does not involve actual physical or sexual contact with the victim, including, but not limited to ... the simulation of any act involving sexual activity in the presence of a victim who is less than 16 years of age, commits lewd or lascivious exhibition," which is a felony of the second degree. f. Florida Statutes Section 800.04(2), "[n]either the victim's lack of chastity nor the victim's consent is a defense to the crimes proscribed by [Section 800.04]." g. Florida Statutes Section 800.04(3), "[t]he perpetrator's ignorance of the victim's age, the victim's misrepresentation of his or her age, or the perpetrator's bona fide belief of the victim's age cannot be raised as a defense in a prosecution under [Section 800.04]." h. Florida Statutes Section 800.02, a "person who commits any unnatural and lascivious act with another person commits a misdemeanor of the second degree." The Epstein Investigation 6. In the Spring of 2006, Detective with the Town of Palm Beach Police Department contacted me about the investigation of Jeffrey Epstein's solicitation of minors to engage in prostitution and his lewd and lascivious conduct with minors. The FBI opened a case file in July 2006, and your Affiant is the case agent assigned to the investigation. 7. At around the same time that the FBI opened its investigation, the U.S. Attorney's Office began a grand jury investigation. Your Affiant is one of the agents on the Federal Rule of -4- EFTA00186634 Criminal Procedure 6(e) list, that is, someone who is authorized to have•access to the facts of the investigation and the materials related thereto. 8. As part of the Federal Grand Jury investigation, a subpoena was issued for all of the physical evidence obtained by PBPD during the course of its investigation, including the evidence seized when PBPD executed the search warrant at Epstein's residence in October 2005. Included in the evidence seized during the search of the Premises were the two CompactFlash memory cards. I have reviewed that evidence, which included a number of photographs of topless and nude young women taken at Epstein's residence. The evidence, including the two CompactFlash memory cards that are the subject of this application, have been in the custody of the Federal Bureau of Investigation since August 2006 and have not been tampered with or altered. Prior to that, they were in the custody of the Evidence Custodian of the Palm Beach Police Department, and I understand that the evidence was not tampered with or altered while in PBPD's custody. 9. I note that I am aware that Epstein's attorneys have alleged that Detective made misstatements in his application for the state search warrant, but they have not moved to suppress any of that evidence in connection with the prosecution of Epstein by the State Attorney's Office for felony solicitation of prostitution. No federal agency was involved in the application for or execution of the search warrant, and this application is based upon evidence obtained through the FBI's independent investigation. 10. During the course of the federal investigation, federal agents have interviewed more than two dozen young women who have reported engaging in sexual activity with Jeffrey Epstein while they were under eighteen. All of those girls have reported essentially the same information. While they were under the age of eighteen (between the ages of fourteen and seventeen), they were -5- EFTA00186635 approached by a colleague — either an acquaintance at school, a co-worker, a "friend of a friend," or the like — who told them that they could make a lot of money performing a "massage" for a wealthy older man who lived on Palm Beach island. In some cases the girls were told that they would have to remove some clothing during the massage, other girls were not told about this. The girls traveled to Epstein's residence and entered through a side door into the kitchen of the residence. There they were met by Epstein and/or one of his personal assistants, usually The girls would be led up to the master bathroom area of Epstein's bedroom. The bathroom had a separate room similar to a dressing area where a massage table would be set up. The girls described the presence of nude and topless photographs of young women throughout the house. Epstein would lie face down on the massage table and the girl would begin by massaging his back and legs. Epstein would then turn over and begin to masturbate while instructing the girl to pinch his nipples or to straddle him. In some cases, Epstein would place a large back massager/vibrator on the victim's vagina. With some girls, he would digitally penetrate her vagina while he masturbated. The sexual activity with some minors progressed to oral sex, sexual intercourse, and the introduction of an adult female into the activity. With some girls, the sexual activity began with the first massage; with others, there was no sexual activity at first but sexual activity occurred in later massages; and in many cases, Epstein pushed the girls to engage in more and more sexual activity with each visit. 11. Almost all of the sexual massages ended the same way, when Epstein ejaculated. Epstein or one of his assistants would pay the girl $200 or more, depending on how much sexual activity occurred. A fee of $200 also would be paid to the "recruiter" who brought the girl for the visit. If Epstein liked the girl, he or his assistant would ask for the girl's telephone number. Later, one of Epstein's assistants would call the girl directly to arrange for the girl to return. In some -6- EFTA00186636 instances of scheduling a girl for "work," which was a euphemism for performing a sexual massage, Epstein's assistants would make the arrangement for the next time that Epstein was in Florida. During those calls, the assistant would invite the girl to return to Epstein's home to "work." None of the girls ever spontaneously Went to Epstein's home to provide a sexual massage. The appointments were set up over the telephone. 12. The victims interviewed by the federal agents were asked about Epstein's knowledge that they were minors. Many of the victims specifically discussed their ages with Epstein, and he provided them with birthday gifts, made statements about trips that he wanted to take them on when they were eighteen, and discussed high school events and college plans with them. For other victims, the subject of age was never discussed, and for others, their "recruiter" instructed them to lie and say they were eighteen. 13. One of the young women interviewed during the course of the FBI's investigation was El who stated that she first met Epstein at the age of fourteen. Epstein paidE$200 - $400 to provide him with massages. According toll, during the three years that she saw Epstein, all but three of the over one hundred massages she provided were sexual in nature. The sexual activity ranged from self masturbation on Epstein's part to Epstein touching E vagina. On a separate nr..ension, Epstein introduce an unidentified female during a massage, who performed oral sex on. while Epstein had sexual intercourse with the unidentified female. 14. When was approximately sixteen years old, EN, Epstein's assistant, contacted. and told her that Epstein wanted to take some photographs of her. utilizing a digital camera, took nude photographs of. in several different locations in and around Epstein's Palm Beach residence. paidill$500 for posing for the nude photographs. Other -7- EFTA00186637 victims interviewed have repeatedly pointed to the existence of the pictures of nude and semi-nude women throughout the residence. 15. Efforts have been made to corroborate the statements of .and the other young women who have described their sexual relationships with Epstein. With respect to■ there are telephone records showing phone calls toturing the time period that she was seeing Epstein,. also described receiving gifts from Epstein via Federal Express. A grand jury subpoena issued to Federal Express contained records of a number of packages sent by Epstein or his assistants tom Likewise, the statements of other victims have been corroborated through telephone records, Western Union records, travel records, credit card receipts, sales records of theaters, and rental car records. 16. Also, during the FBI's investigation, I interviewed a young woman, who had known Epstein several years ago, when she was in her late teens/early twenties. The woman was a struggling artist in New York who was specializing in painting nude portraits. Prior to preparing a portrait,■ would take several photographic studies. Epstein was very interested in her work and her photographs, and also expressed an interest in the artist's younger sisten who was sixteen years old at the time. 17. Epstein and an associate/companion, Ghislaine Maxwell, made arrangements and paid for. to travel to one of his homes, located in New Mexico. One morning during that visit, Epstein got into bed with. Mr. Epstein toldinhat he felt like "cuddling.' described Epstein's actions as "spooning" and constantly hugging her. 18. Epstein and Maxwell also made arrangements and paid fo>■to fly home for the primary purpose of taking artistic photographs of her family members in the nude. This -8- EFTA00186638 included the artist's younger siblings, two sisters,. an• . Due to the sensitive nature of the photographs"' created a photo log to document each image and the order it was taken. Later,. learned that seven photographs, two of. and five of the were missing]. who was very upset, contacted Epstein's office and asked for one of Epstein's assistants to look for the missing photographs. also confronted Epstein and Maxwell about the missing photographs which they claimed they did not possess. A few weeks late. received a telephone call from an unidentified caller who stated that the missing photographs were in Epstein's briefcase. The missing photographs were not recovered and believes that Epstein is in possession of them. Although those photographs were artistic, rather than pornographic in nature, this further shows Epstein's interest in taking and maintaining nude and semi-nude photographs of minors. 19. I have interview. and. about their experiences with Epstein. Boa an. are reluctant to divulge their experiences publically. During the interview with she was visibly disturbed when recalling an incident with Epstein at his ranch in New Mexico when she was sixteen years oldittated that one evening Epstein had come into her bedroom and sat on the bed. Epstein stroked her hair and told her she was beautifull.was unable to recall the remainder of any events that evening] has also expressed her concern of speaking publicly against Epstein for fear of reprisals against her or her family. The Items to Be Searched and the Information Sought 20. This application seeks permission to forensically examine two CompactFlash memory cards. Your Affiant knows that electronic media, i.e., CompactFlash memory cards, may be important to a criminal investigation because the objects may be used as storage devices that contain -9- EFTA00186639 contraband, evidence, instrumentalities, or fruits of a crime in the form of electronic data. Rule 41 of the Federal Rules of Criminal Procedure permit the government to search for and seize computer hardware, software, and electronic files that are evidence of crime, contraband, instrumentalities of crime and/or fruits of crime. I know that CompactFlash memory cards are most often used in digital cameras to store photographs taken with the cameras. However, memory cards can be used to store any type of digital data, including computer files. 21. The nature of electronic media, i.e., CompactFlash memory cards, requires forensic analysis to employ a variety of different search techniques. These techniques include, but are not limited to, opening files, reviewing directories of files, and searching for and analyzing deleted and/or hidden information. While conducting the analysis, data will be continuously evaluated as to whether or not it is within the scope of the issued search warrant. Only information within the scope of the search warrant will be acknowledged, shared with, or provided to, the investigators involved in this matter. All other information will be closed and maintained within the analytical unit. Forensic analysis will be conducted in close consultation with the United States Attorney's office for specific legal guidance throughout the analytical and reporting process. 22. I understand that reviewing the contents of the CompactFlash memory cards was within the scope of the State search warrant that gave rise to the seizure of the cards from Epstein's residence, and that PBPD reviewed the contents of the cards. I also understand that an FBI agent conducted a similar review when all of the items were taken into federal custody pursuant to the federal grand jury subpoena. Those reviews did not involve a forensic examination to determine if there were any deleted or corrupted files, which could be recovered only via such a forensic analysis. I understand that the cursory reviews performed by the other law enforcement officers did not delete -10- EFTA00186640 or add any files to the CompactFlash memory cards and, therefore, they contain the same information that they had at the time they were removed from the Epstein residence. While the cursory review performed by the FBI agent did not exceed the scope of the PBPD's review, and therefore did not require the issuance of a warrant, the forensic review that is requested by this application would expand that review and, accordingly, your Affiant requests the issuance of a search warrant in accordance with United States v. Jacobsen, 466 U.S. 109, 115-21 (1984). 23. As explained above, Epstein instructed one of his assistants to photographilaing a digital cameraareported Epstein's unusual interest in, and probable theft of, nude photographs of the minor members of her family; and Epstein engaged in inappropriate sexual activity with numerous minor females. In light of Epstein's display of photographs of nude and semi-nude young women throughout his residence, your Affiant avers that there is probable cause to believe that photographs or other evidence of the victims' visits to Epstein's residence may be found on the CompactFlash memory cards. Accordingly, your Affiant seeks permission to forensically examine the CompactFlash memory cards for evidence, instrumentalities, and fruits of the crimes listed above, that is, the electronic information contained within the memory cards, including electronic files containing photographs, owner identification information, date and time information, names, addresses, and information regarding the source of any photographs or the persons depicted in any photographs. 24. Although the cursory reviews did not reveal any of the items sought, your Affiant avers that there is probable cause to believe that a thorough forensic examination, which would include the recovery of any deleted or corrupted files, would result in the discovery of the data listed above, which is evidence, instrumentalities, and fruits of the crimes under investigation. -11- EFTA00186641 WHEREFORE, your Affiant requests that this court issue a search warrant for the CompactFlash memory cards described in the Application for Search Warrant and for the seizure of the items listed above. FURTHER YOUR AFFIANT SAYETH NAUGHT. Special Agent Federal Bureau of Investigation Subscribed and sworn to before me this day of March, 2008 LINNEA R. JOHNSON UNITED STATES MAGISTRATE JUDGE -12- EFTA00186642 AO 93 (Rev. 5/851 Search Warrant United States District Court SOUTHERN DISTRICT OF FLORIDA In the Matter of the Search of (Name, address or brief description of property or premises to be searched) One Ritz Big Print Digital Film 128 Megabyte CompactFlash memory card, marked 3608128AW4801CF53 in the custody of the Federal Bureau of Investigation TO: E. States: SEARCH WARRANT CASE NUMBER 08-8067-LRJ FEDERAL BUREAU OF INVESTIGATION , and any Authorized Officer of the United Affidavit(s) having been made before me by who has reason to ian believe that [i on the person of or Ed on the premises known as (name, description andfor location) One Ritz Big Print Digital Film 128 Megabyte CompactFlash memory card, marked 3608128AW4801CF 53 in the custody of the Federal Bureau of Investigation, 505 S. Flagler Drive, Suite 500, West Palm Beach, Florida in the SOUTHERN District of FLORIDA there is now concealed a certain person or property, namely (desert° me person of property) the electronic information contained in that CompactFlash memory card, which is property that constitutes evidence of the commission of a criminal offense, instrumentalities of such violations; and any fruits of those crimes, that is, violations of 18 U.S.C. 55 371, 1591, 2252, 2252A, 2422, and 2423. I am satisfied that the affidavit(s) and any recorded testimony establish probable cause to believe that the person or property so described is now concealed on the person or premises above-described and establish grounds for the issuance of this warrant. YOU ARE HEREBY COMMANDED to search on or before (Date) (not to exceed 10 days) the person or place named above for the person or property specified, serving this warrant and making the search fin the daytime - 6:00 A.M. to 10:00 P.M.)(at any time in the day or night as I find reasonable cause has been established)) and if the person or property be found there to seize same, leaving a copy of this warrant and receipt for the person or property taken, and prepare a written inventory of the person or property seized and promptly return this warrant to the duty Magistrate Judge as required by law. at WEST PALM BEACH, FLORIDA Date and Time Issued City and State LINNEA R. JOHNSON United States Magistrate Judge Name and Title of Judicial Officer Signature of Judicial Officer EFTA00186643 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA No. 08-8067-LRJ IN RE APPLICATION FOR SEARCH WARRANT FOR ONE RITZ BIG PRINT DIGITAL FILM 128 MEGABYTE COMPACT FLASH MEMORY CARD MARKED 3608128AW4801CF53 IN THE CUSTODY OF THE FEDERAL BUREAU OF INVESTIGATION CRIMINAL COVER SHEET 1. Did this matter originate from a matter pending in the United States Attorney's Office prior to April I, 1999? Yes X No If yes, was it pending in the Central Region? Yes No 2. Did this matter originate from a matter pending in the United States Attorney's Office prior to April 1, 2003? Yes X No 3. Did this matter originate from a matter pending in the Narcotics Section (Miami) of the United States Attorney's Office prior to May 18, 2003? Yes X No 4. Did this matter originate from a matter pending in the Northern Region of the United States Attorney's Office prior to October 14, 2003? Yes X No 5. Did this matter originate from a matter pending in the Central Region of the United States Attorney's Office prior to September 1, 2007? Yes X No BY: Respectfully submitted, R. ALEXANDER ACOSTA STATES ATTORNEY ASSISTANT UNITED STATES ATTORNEY Florida Bar No. 500 South Australian Avenue, Suite 400 West Palm Beach FL 33401 TEL FAX EFTA00186644 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA 08-8067-LRJ IN RE: SEARCH WARRANT APPLICATION MOTION TO FILE DOCUMENTS UNDER SEAL The United States of America, by and through the undersigned Assistant United States Attorney, hereby moves to seal its Application for Search Warrant for the following reasons: The attached documents contain information relating to an ongoing grand jury investigation; thus, pursuant to Fed. R. Crim. P. 6(e)(6), all records and orders related to the grand- jury proceedings must be kept under seal to the extent and as long as necessary to prevent the unauthorized disclosure of a matter occurring before the grand jury. 2. Public disclosure of this matter would jeopardize the criminal investigation, notify potential subjects and/or targets and undermine the public interest and the function of the grand jury. WHEREFORE, the United States respectfully requests that the aforementioned documents be sealed. Respectfully submitted, R. ALEXANDER ACOSTA UNITED STATES ATTORNEY By: AtiRiUlilttliTIRINIFleat S II Flonda Bar No. 500 South Austra tan venue, Suite 400 West Palm 33401 Telephone; Facsimile: EFTA00186645 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA 08-8067-LRJ IN RE: SEARCH WARRANT APPLICATION ORDER GRANTING UNITED STATES' MOTION TO SEAL This matter comes before the Court upon the United States' Motion to Seal the documents related to its Search Warrant Application. The Court being fully apprised in the premises, orders that the motion is hereby GRANTED. DONE AND ORDERED in chambers, in West Palm Beach, Florida, this day of March, 2008. LINNEA R. JOHNSON UNITED STATES MAGISTRATE JUDGE cc: AUSA EFTA00186646 (Rev. 062005)Sealed Document Tracking Form UNITED STATES DISTRICT COURT Southern District of Florida Number: 05-8087-tru In Re SEARCH WARRANT APPLICATION SEALED DOCUMENT TRACKING FORM Party Filing Matter Under Seal On behalf of (select one): Name: U.S. Attorney's Office Address: 500 S Australian Ave. Suite 400 West Palm Beach, FL 33401 Telephone: 0 Plaintiff K Defendant Date sealed document filed: 3/17,2008 If sealed pursuant to statute, cite statute: Fed. R. Can. P. e(e) (Grand Juty Material) If scaled pursuant to previously entered protective order, date of order and docket entry number: The matter should remain sealed until: K Conclusion of Trial K Arrest of First Defendant la Case Closing K Conclusion of Direct Appeal K Other: K Permanently. Specify the authorizing law, rule, court order: The moving party requests that when the sealing period expires, the fled matter should be (select one): K Unsealed and placed in the public portion of the court file K Destroyed K Returned to the party or counsel for the party, as identified above Attorney for: Movant United States o manta EFTA00186647 AO 106 (Rev. 5/85) Affidavit for Starch Warrant United States District Court SOUTHERN In the Matter of the Search of (Name, address or brier description of person to be searched) DISTRICT OF FLORIDA One Ritz Big Print Digital Film 128 Megabyte CompactFlash memory card marked 3608128AW4801CF53 in the custody of the Federal Bureau of Investigation 1, APPLICATION AND AFFIDAVIT FOR SEARCH WARRANT CASE NUMBER: 08-8067-L1RJ , being duly sworn, depose and say: I am a Special Agent, Federal Bureau of Investigation , and have reason to believe that on the person of or X on the premises known as (name, description and/or location): One Ritz Big Print Digital Film 128 Megabyte CompactFlash memory card, marked 3608128AW4801CF53, in the custody of the Federal Bureau of Investigation 505 S. Flagler Drive, Suite 500, West Palm Beach, Florida in the Southern District of Florida t there is now concealed a certain person or property, namely (describe the person or property): the electronic information contained in that CompactFlash memory card, which is (give alleged grounds for search and seizure under Rule 41(b) of the Federal Rules of Criminal Procedure) evidence, instrumentalities, and fruits of a crime, concerning violations of Tide 18, United States Code, Sections 371, 1591, 2252, 2252A, 2422, and 2423. The facts to support the issuance of a Search Warrant are as follows: see Attached Affidavit of Continued on the attached sheet and made a part hereof. X Yes _No Sworn to before me, and subscribed in my presence: Special Agent Federal Bureau of Investigation at WEST PALM BEACH, FLORIDA Date City and State LINNEA R. JOHNSON UNITED STATES MAGISTRATE JUDGE Name and Title of Judicial Officer Signature of Judicial Officer EFTA00186648 AFFIDAVIT (the "Affiant"), being duly sworn, depose and state: 1. I am a Special Agent with the Federal Bureau of Investigation ("FBI") and have been so employed for the past ten (10) years. I am currently assigned to PB-2, the Violent Crimes and Major Offenses Squad of the Palm Beach County Resident Agency, Miami Division. Among my responsibilities as a Special Agent are investigating crimes against children, particularly offenses involving child pornography and the exploitation of children. 2. I make this affidavit in support of an application by the United States of America for issuance of a warrant to search and seize evidence of violations of Title 18, United States Code, Sections 371, 1591, 2252, 2252A, 2422, and 2423; instrumentalities of such violations; and any fruits of those crimes located within electronic media, specifically two 128MB CompactFlash memory cards, seized in October 2005 by The Town of Palm Beach Police Department("PBPD") during the execution of a State of Florida search warrant at the premises located at 358 El Brillo Way, Palm Beach, Florida 33480, owned by Jeffrey Epstein (hereinafter, "Epstein's residence"). Those CompactFlash memory cards are more fully described as follows: (a) one Ritz Big Print Digital Film 128 Megabyte CompactFlash memory card, marked 3608128AW4801CF53, and (b) one PNY Technologies 128 Megabyte CompactFlash memory card, marked THNCF128NIMA(T00CB) 999223 TAIWAN 0247 (hereinafter jointly referred to as "CompactFlash memory cards"). 3. The facts set forth in this affidavit are based on my personal knowledge, information obtained in this investigation from others, including other law enforcement officers, my review of documents and records related to this investigation, and information gained through my training and -1- EFTA00186649 experience. Since this affidavit is being submitted for the limited purpose of securing a search warrant, I have not included each and every fact known to me concerning this investigation, but have set forth only those facts necessary to establish probable cause to believe that evidence, instrumentalities, and fruits of crimes, that is violations of Title 18, United States Code, Sections 371, 1591, 2252, 2252A, 2422, and 2423 will be found within the CompactFlash memory cards, specifically the electronic information contained therein. The Statutes Involved 4. The investigation involves possible violations of Title 18, United States Code, Sections 371, 1591, 2252, 2252A, 2422, and 2423, which provide as follows: a. 18 U.S.C. § 371 makes it an offense for two or more persons to conspire to commit an offense against the United States; b. 18 U.S.C. § 1591(a) makes it an offense for anyone to knowingly, in or affecting interstate commerce, recruit, entice, provide, or obtain by any means a person , knowing that the person has not attained the age of eighteen and will be caused to engage in a commercial sex act; c. 18 U.S.C. §§ 2252 and 2252A prohibit the manufacture, possession, distribution, and receipt of child pornography; d. 18 U.S.C. § 2422(6) prohibits the use of a facility of interstate commerce, including the telephone, to persuade, induce, or entice a minor to engage in prostitution or any sexual activity for which any person can be charged with a criminal offense; and e. 18 U.S.C. § 2423(b) makes it an offense for anyone to travel in interstate commerce for the purpose of engaging in any illicit sexual conduct with another person. "Illicit -2- EFTA00186650 sexual conduct" includes a commercial sex act with a person under eighteen or other sexual conduct with a person under the age of sixteen. 5. Section 2422(6) refers to activity "for which any person can be charged with a criminal offense." Pursuant to: a. Florida Statutes Section 794.05, a "person 24 years of age or older who engages in sexual activity with a person 16 or 17 years of age commits a felony of the second degree;" b. Florida Statutes Section 794.021, "ignorance of the age [of the victim] is no defense," and that neither "misrepresentation of age by [the victim] nor a bona fide belief that such person is over the specified age [shall] be a defense;" c. Florida Statutes Sections 800.04(5)(a) and 800.04(5Xc)(2), an adult "who intentionally touches in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks, or the clothing covering them, of a person less than 16 years of age, or forces or entices a person under 16 years of age to so touch the perpetrator, commits lewd or lascivious molestation," which is a felony of the second degree if the victim is 12 years of age or older but less than 16 years of age; d. Florida Statutes Sections 800.04(6)(a) and 800.04(6)(b), an adult "who [i]ntentionally touches a person under 16 years of age in a lewd or lascivious manner or [s]olicits a person under 16 years of age to commit a lewd or lascivious act commits lewd or lascivious conduct," which is a felony of the second degree; -3- EFTA00186651 e. Florida Statutes Sections 800.04(7)(a) and 800.04(7)(c), an adult "who: (1) [i]ntentionally masturbates; (2) [i]ntentionally exposes the genitals in a lewd or lascivious manner, or (3) [i]ntentionally commits any other sexual act that does not involve actual physical or sexual contact with the victim, including, but not limited to ... the simulation of any act involving sexual activity in the presence of a victim who is less than 16 years of age, commits lewd or lascivious exhibition," which is a felony of the second degree. f. Florida Statutes Section 800.04(2), "[n]either the victim's lack of chastity nor the victim's consent is a defense to the crimes proscribed by [Section 800.04]" g. Florida Statutes Section 800.04(3), "[t]he perpetrator's ignorance of the victim's age, the victim's misrepresentation of his or her age, or the perpetrator's bona fide belief of the victim's age cannot be raised as a defense in a prosecution under [Section 800.04]" h. Florida Statutes Section 800.02, a "person who commits any unnatural and lascivious act with another person commits a misdemeanor of the second degree." The Epstein Investigation 6. In the Spring of 2006, Detective with the Town of Palm Beach Police Department contacted me about the investigation of Jeffrey Epstein's solicitation of minors to engage in prostitution and his lewd and lascivious conduct with minors. The FBI opened a case file in July 2006, and your Affiant is the case agent assigned to the investigation. 7. At around the same time that the FBI opened its investigation, the U.S. Attorney's Office began a grand jury investigation. Your Affiant is one of the agents on the Federal Rule of -4- EFTA00186652 Criminal Procedure 6(e) list, that is, someone who is authorized to have-access to the facts of the investigation and the materials related thereto. 8. As part of the Federal Grand Jury investigation, a subpoena was issued for all of the physical evidence obtained by PBPD during the course of its investigation, including the evidence seized when PBPD executed the search warrant at Epstein's residence in October 2005. Included in the evidence seized during the search of the Premises were the two CompactFlash memory cards. I have reviewed that evidence, which included a number of photographs of topless and nude young women taken at Epstein's residence. The evidence, including the two CompactFlash memory cards that are the subject of this application, have been in the custody of the Federal Bureau of Investigation since August 2006 and have not been tampered with or altered. Prior to that, they were in the custody of the Evidence Custodian of the Palm Beach Police Department, and I understand that the evidence was not tampered with or altered while in PBPD's custody. 9. I note that I am aware that Epstein's attorneys have alleged that Detective made misstatements in his application for the state search warrant, but they have not moved to suppress any of that evidence in connection with the prosecution of Epstein by the State Attorney's Office for felony solicitation of prostitution. No federal agency was involved in the application for or execution of the search warrant, and this application is based upon evidence obtained through the FBI's independent investigation. 10. During the course of the federal investigation, federal agents have interviewed more than two dozen young women who have reported engaging in sexual activity with Jeffrey Epstein while they were under eighteen. All of those girls have reported essentially the same information. While they were under the age of eighteen (between the ages of fourteen and seventeen), they were -5- EFTA00186653 approached by a colleague — either an acquaintance at school, a co-worker, a "friend of a friend," or the like — who told them that they could make a lot of money performing a "massage" for a wealthy older man who lived on Palm Beach island. In some cases the girls were told that they would have to remove some clothing during the massage, other girls were not told about this. The girls traveled to Epstein's residence and entered through a side door into the kitchen of the residence. There they were met by Epstein and/or one of his personal assistants, usually The girls would be led up to the master bathroom area of Epstein's bedroom. The bathroom had a separate room similar to a dressing area where a massage table would be set up. The girls described the presence of nude and topless photographs of young women throughout the house. Epstein would lie face down on the massage table and the girl would begin by massaging his back and legs. Epstein would then turn over and begin to masturbate while instructing the girl to pinch his nipples or to straddle him. In some cases, Epstein would place a large back massager/vibrator on the victim's vagina. With some girls, he would digitally penetrate her vagina while he masturbated. The sexual activity with some minors progressed to oral sex, sexual intercourse, and the introduction of an adult female into the activity. With some girls, the sexual activity began with the first massage; with others, there was no sexual activity at first but sexual activity occurred in later massages; and in many cases, Epstein pushed the girls to engage in more and more sexual activity with each visit. 11. Almost all of the sexual massages ended the same way, when Epstein ejaculated. Epstein or one of his assistants would pay the girl $200 or more, depending on how much sexual activity occurred. A fee of $200 also would be paid to the "recruiter" who brought the girl for the visit. If Epstein liked the girl, he or his assistant would ask for the girl's telephone number. Later, one of Epstein's assistants would call the girl directly to arrange for the girl to return. In some -6- EFTA00186654 instances of scheduling a girl for "work," which was a euphemism for performing a sexual massage, Epstein's assistants would make the arrangement for the next time that Epstein was in Florida. During those calls, the assistant would invite the girl to return to Epstein's home to "work." None of the girls ever spontaneously went to Epstein's home to provide a sexual massage. The appointments were set up over the telephone. 12. The victims interviewed by the federal agents were asked about Epstein's knowledge that they were minors. Many of the victims specifically discussed their ages with Epstein, and he provided them with birthday gifts, made statements about trips that he wanted to take them on when they were eighteen, and discussed high school events and college plans with them. For other victims, the subject of age was never discussed, and for others, their "recruiter" instructed them to lie and say they were eighteen. 13. One of the young women interviewed during the course of the FBI's investigation was ■ who stated that she first met Epstein at the age of fourteen. Epstein paid■$200 - $400 to provide him with massages. According to during the three years that she saw Epstein, all but three of the over one hundred massages she provided were sexual in nature. The sexual activity ranged from self masturbation on Epstein's part to Epstein touching. vagina. On a separate occasion, Epstein introduce an unidentified female during a massage, who performed oral sex on. while Epstein had sexual intercourse with the unidentified female. 14. When. was approximately sixteen years old, Epstein's assistant, contacted, and told her that Epitein wanted to take some photographs of her. =, utilizing a digital camera, took nude photographs of, in several different locations in and around Epstein's Palm Beach residence. paid. $500 for posing for the nude photographs. Other -7- EFTA00186655 victims interviewed have repeatedly pointed to the existence of the pictures of nude and semi-nude women throughout the residence. 15. Efforts have been made to corroborate the statements a and the other young women who have described their sexual relationships with Epstein. With respect toll, there are telephone records showing phone calls taduring the time period that she was seeing Epstein.also described receiving gifts from Epstein via Federal Express. A grand jury subpoena issued to Federal Express contained records of a number of packages sent by Epstein or his assistants to.. Likewise, the statements of other victims have been corroborated through telephone records, Western Union records, travel records, credit card receipts, sales records of theaters, and rental car records. 16. Also, during the FBI's investigation, I interviewed a young woman, who had known Epstein several years ago, when she was in her late teens/early twenties. The woman was a struggling artist in New York who was specializing in painting nude portraits. Prior to preparing a portrait,■ would take several photographic studies. Epstein was very interested in her work and her photographs, and also expressed an interest in the artist's younger sister, Si' who was sixteen years old at the time. 17. Epstein and an associate/companion, Ghislaine Maxwell, made arrangements and paid for. to travel to one of his homes, located in Now Mexico. One morning during that visit, Epstein got into bed with.. Mr. Epstein toll that he felt like "cuddling."described Epstein's actions as "spooning" and constantly hugging her. 18. Epstein and Maxwell also made arrangements and paid for to fly home a for the primary purpose of taking artistic photographs of her family members in the nude. This -8- EFTA00186656 included the artist's younger siblings, two sisters,. an Due to the sensitive nature of the photographs■ created a photo log to document each image and the order it was taken. Later. learned that seven photographs, two 0. and five of the were missing. who was very upset, contacted Epstein's office and asked for one of Epstein's assistants to look for the missing photographs. also confronted Epstein and Maxwell about the missing photographs which they claimed they did not possess. A few weeks later received a telephone call from an unidentified caller who stated that the missing photographs were in Epstein's briefcase. The missing photographs were not recovered and.believes that Epstein is in possession of them. Although those photographs were artistic, rather than pornographic in nature, this further shows Epstein's interest in taking and maintaining nude and semi-nude photographs of minors. 19. I have interviewed.and.bout their experiences with Epstein. Botheandil are reluctant to divulge their experiences publically. During the interview with., she was visibly disturbed when recalling an incident with Epstein at his ranch in New Mexico when she was sixteen years old..tated that one evening Epstein had come into her bedroom and sat on the bed. Epstein stroked her hair and told her she was beautiful. was unable to recall the remainder of any events that evening. •has also expressed her concern of speaking publicly against Epstein for fear of reprisals against her or her family. The Items to Be Searched and the Information Sought 20. This application seeks permission to forensically examine two CompactFlash memory cards. Your Affiant knows that electronic media, i.e., CompactFlash memory cards, may be important to a criminal investigation because the objects may be used as storage devices that contain -9- EFTA00186657 contraband, evidence, instrumentalities, or fruits of a crime in the form of electronic data. Rule 41 of the Federal Rules of Criminal Procedure permit the government to search for and seize computer hardware, software, and electronic files that are evidence of crime, contraband, instrumentalities of crime and/or fruits of crime. I know that CompactFlash memory cards are most often used in digital cameras to store photographs taken with the cameras. However, memory cards can be used to store any type of digital data, including computer Ides. 21. The nature of electronic media, i.e., CompactFlash memory cards, requires forensic analysis to employ a variety of different search techniques. These techniques include, but are not limited to, opening files, reviewing directories of files, and searching for and analyzing deleted and/or hidden information. While conducting the analysis, data will be continuously evaluated as to whether or not it is within the scope of the issued search warrant. Only information within the scope of the search wanant will be acknowledged, shared with, or provided to, the investigators involved in this matter. All other information will be closed and maintained within the analytical unit. Forensic analysis will be conducted in close consultation with the United States Attorney's office for specific legal guidance throughout the analytical and reporting process. 22. I understand that reviewing the contents of the CompactFlash memory cards was within the scope of the State search warrant that gave rise to the seizure of the cards from Epstein's residence, and that PBPD reviewed the contents of the cards. I also understand that an FBI agent conducted a similar review when all of the items were taken into federal custody pursuant to the federal grand jury subpoena. Those reviews did not involve a forensic examination to determine if there were any deleted or corrupted files, which could be recovered only via such a forensic analysis. I understand that the cursory reviews performed by the other law enforcement officers did not delete -10- EFTA00186658 or add any files to the CompactFlash memory cards and, therefore, they contain the same information that they had at the time they were removed from the Epstein residence. While the cursory review performed by the FBI agent did not exceed the scope of the PBPD's review, and therefore did not require the issuance of a warrant, the forensic review that is requested by this application would expand that review and, accordingly, your Affiant requests the issuance of a search warrant in accordance with United States v. Jacobsen, 466 U.S. 109, 115-21 (1984). 23. As explained above, Epstein instructed one of his assistants to photograph using a digital cameranreported Epstein's unusual interest in, and probable theft of, nude photographs of the minor members of her family; and Epstein engaged in inappropriate sexual activity with numerous minor females. In light of Epstein's display of photographs of nude and semi-nude young women throughout his residence, your Affiant avers that there is probable cause to believe that photographs or other evidence of the victims' visits to Epstein's residence may be found on the CompactFlash memory cards. Accordingly, your Affiant seeks permission to forensically examine the CompactFlash memory cards for evidence, instrumentalities, and fruits of the crimes listed above, that is, the electronic information contained within the memory cards, including electronic files containing photographs, owner identification information, date and time information, names, addresses, and information regarding the source of any photographs or the persons depicted in any photographs. 24. Although the cursory reviews did not reveal any of the items sought, your Affiant avers that there is probable cause to believe that a thorough forensic examination, which would include the recovery of any deleted or corrupted files, would result in the discovery of the data listed above, which is evidence, instrumentalities, and fruits of the crimes under investigation. -11- EFTA00186659 WHEREFORE, your Affiant requests that this court issue a search wan-ant for the CompactFlash memory cards described in the Application for Search Warrant and for the seizure of the items listed above. FURTHER YOUR AFFIANT SAYETH NAUGHT. Special Agent Federal Bureau of Investigation Subscribed and sworn to before me this day of March, 2008 LINNEA R. JOHNSON UNITED STATES MAGISTRATE JUDGE -12- EFTA00186660 AO 93 (Rev. MS) Search Warrant United States District Court SOUTHERN DISTRICT OF FLORIDA In the Matter of the Search of (Name, address or brief description of property or premises to be searched) One Ritz Big Print Digital Film 128 Megabyte CompactFlash memory card, marked 3608128AW4801CF53 in the custody of the Federal Bureau of Investigation SEARCH WARRANT CASE NUMBER 08-8067-LRJ TO: FEDERAL BUREAU OF INVESTIGATION , and any Authorized Officer of the United States: Affidavit(s) having been made before me by who has reason to Alltant believe that [] on the person of or Ed on the premises known as (name. description andfor location) One Ritz Big Print Digital Film 128 Megabyte CompactFlash memory card, marked 3608128AW4801CF53 in the custody of the Federal Bureau of Investigation, 505 S. Flagler Drive, Suite 500, West Palm Beach, Florida in the SOUTHERN District of FLORIDA there is now concealed a certain person or property, namely (describe the person or property) the electronic information contained in that CompactFlash memory card, which is property that constitutes evidence of the commission of a criminal offense, instrumentalities of such violations; and any fruits of those crimes, that is, violations of 18 U.S.C. §§ 371, 1591, 2252, 2252A, 2422, and 2423. I am satisfied that the affidavit(s) and any recorded testimony establish probable cause to believe that the person or property so described is now concealed on the person or premises above-described and establish grounds for the issuance of this warrant. YOU ARE HEREBY COMMANDED to search on or before (Date) (not to exceed 10 days) the person or place named above for the person or property specified, serving this warrant and making the search (in the daytime - 6:00 A.M. to 10:00 P.M.)(at any time in the day or night as I find reasonable cause has been established)) and if the person or property be found there to seize same, leaving a copy of this warrant and receipt for the person or property taken, and prepare a written inventory of the person or property seized and promptly return this warrant to the duty Magistrate Judge as required by law. at WEST PALM BEACH, FLORIDA Date and Time Issued City and State LINNEA R. JOHNSON United States Magistrate Judge Name and Title of Judicial Officer Signature of Judicial Officer EFTA00186661