EFTA00224040.pdf

1 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA 2 WEST PALM BEACH 3 4 S 6 7 8 IN RE: OPERATION LEAP YEAR 9 10 / 11 Grand Jury #07-103 (TUES-WPB) 12 west Palm Beach, Florida Tuesday, May 15, 2007 13 14 15 TESTIMONY 16 OF 17 18 19 20 21 APPEARANCE: 22 SISTANT S. ATTORNEY , FOREPER N 23 URT REPORTER 24 25 OFFICIAL REPORTING SERVICE Exhibit 27 EFTA00224040 2 1 PROCEEDINGS 2 3 The sworn testimony of was taken 4 before the Federal Grand Jury, west Palm Beach Division, 5 701 Clematis Street, west Palm Beach, Palm Beach County, 7 State of Florida, on the 15th day of May, 2007. Registered Merit Reporter and Notary 8 Public was authorized to and did report the sworn 9 testimony. 10 Thereupon, 11 12 a witness of lawful age, having been first duly sworn by 13 the foreperson, testified on her oath as follows: 14 BY MS. • • 15 Q Good morning, Special Agent. Could you state 16 and spell your name for the record. 17 A Special Agent 18 19 Q And with whom do you work? 20 A The FBI here in West Palm Beach. 21 Q And are you here today on the continuing 22 investigation known as operation Leap Year? 23 A Yes, I am. 24 Q And you are one of the case agents on this 25 investigation, correct? OFFICIAL REPORTING SERVICE ( EFTA00224041 3 1 A Yes, I am. 2 Q The last time you were here we were discussing 3 the evidence supporting various overt acts and charges 4 related to Jane Does number 1 and 2? 5 A Yes. 6 Q Today we are going to start with Jane Doe 7 number 3. Can you tell the Grand Jury who that is and 8 summarize briefly your previous testimony about her. 9 A Jane Doe number 3 is and she first 10 started, we have first phone contact with 11 starting in December of 2004, would have been 16 12 or 17 at that time, let me do the math real quick, she 13 would have been 16 -- sorry, 1 am sorry, she would have 14 been at that time 17, let's get it right, so she started 15 phone contact, started calling her in 16 September of 2004. 17 From testimony we know that went there 18 earlier, much earlier. which was Jane Doe 19 number 4 you will hear about next, they were good 20 friends and they both went in the spring of '04, prior 21 to 17th birthday, so did start giving 22 Mr. Epstein massages when she was 16, she performed a 23 few massages for Mr. Epstein and then took kind of a 24 little bit of a break. 25 The sexual activity that occurred with OFFICIAL REPORTING SERVICE ( EFTA00224042 4 1 Mr. Epstein when was under the age of 18 2 included digital penetration, the use of a vibrator on 3 grabbing and fondling of her breasts and her 4 buttock, she was given gifts by Mr. Epstein, she was 5 given a vibrator, she was given Victoria secret 6 underwear, she was also given a car that Mr. Epstein 7 rented for her for a number of months, she was paid $200 8 by Mr. Epstein and was the one that primarily 9 called to set up appointments and as you can see 10 that began in December of '04. 11 was also one of Mr. Epstein's 12 favorites, according to several of the other girls. 13 Q Just so the Grand Jury has an idea, how does 14 that translate 15 and that you were able to calculate? 16 A called her, I guess calls between 17 the two of them ranged around 125 phone calls from 18 December 6th, 2004 until October, 2005. 19 Q And just briefly can you remind the Grand Jury 20 did ever tell Mr. Epstein her age? 21 A No, they did not ever discuss, she did not 22 tell him how old she was, but she did tell him where she 23 planned on going to school and that she was in soccer. 24 She stated that when it came to her age that 25 Mr. Epstein didn't care. As I mentioned earlier, into the number of phone calls between OFFICIAL REPORTING SERVICE EFTA00224043 5 1 2 3 4 5 6 7 8 9 were very good friends and would talk about and Mr. Epstein would ask questions about was providing massages and as we will talk about when we talk about Jane Doe number 4, which is she told Mr. Epstein that she was a junior in high school and that and her were in the same classes together and that they were very good friends and told us that at one point had come to her because she had slipped about prom and she was 10 11 worried because Epstein was supposed to and she had talked about the prom and think she was 18 said she 12 never heard anything else about it and they never 13 brought it up. 14 Q Because, according to Mr. Epstein 15 didn't care really how old the girls were? 16 A Exactly. 17 Q And she never mentioned he asked her for her 18 age or asked for any form of identification to show 19 whether she was or was not over 18? 20 A No. 21 Q Now, if you could turn to the proposed 22 indictment and if I could ask you to look at overt act 23 number 59. 24 A we had a little knock at the door. Do you 25 want me to get it? OFFICIAL REPORTING SERVICE EFTA00224044 6 1 2 3 4 5 6 7 8 9 Q Yes. A number 4, this is (Thereupon, there was a brief pause.) I will let you see a picture of Jane Doe who we were talking about earlier, and is there anyplace you want to put it right down here in front? Q And just so the record is clear, those are the photographs that we showed to the Grand Jury last week? A Yes, it is. 10 11 12 Q so if you could turn to overt act number 59 which appears on page 12, and if you could explain to the Grand Jury the evidence we have related to that 13 phone call or phone calls on December 6th, 2004. 14 A On December 6th, 2004 a review of the phone 15 records indicate that there was telephonic phone contact 16 between the numbers belonging to and 17 as well as we have evidence with 18 Vanessa's statements of the phone calls being made to 19 her by . 20 Q And overt act number 60? 21 A A review of the phone records indicate 22 telephonic contact between the numbers belonging to 23 and on December 12, 2004. 24 Q And overt act number 64? 25 A A review of the phone records indicate OFFICIAL REPORTING SERVICE EFTA00224045 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 belonging to 17 18 19 20 belonging to 21 Q And 22 Illated to the 23 104, 112, 118, 24 same? 25 telephonic contact between numbers belonging to and on December 14th, 2004. Q And just so that it is clear to the Grand Jury, when the overt acts says that defendant made one or more telephone calls, that means that the call is originating from s phone, is that correct? A Yes, it does. Q And if you could turn to overt act number 71. A on December 20th a review of the phone records indicate that there was telephonic contact between and And overt act number 79? A on January 6th, 2005 a review of phone records indicate there was telephone contact between numbers Q And number 83? and A On January 14th, 2005 a review of the phone records indicate telephonic contact between numbers and with respect to the other overt acts phone calls which would be 94, 100, 102, 125, 129 and 132 is the evidence the A Yes, on or about each of those dates a review OFFICIAL REPORTING SERVICE EFTA00224046 8 1 2 between the numbers belonging to and 3 as well as statements. 4 5 number 7 6 7 8 9 10 11 12 13 appointments, massage appointments for Epstein. 14 During the massages and on more than one 15 occasion Epstein digitally penetrated he 16 used a massager directly on her vagina and Epstein 17 directed to straddle him while he masturbated 18 and rubbed his penis between her legs, he would 19 masturbate, he would reach through her legs as she was 20 21 22 23 masturbate. He paid 24 Both and 25 straddling him, there was no penetration of his penis in her vagina, though. He touched of the phone records indicated telephonic contact Q Now, if 1 could direct your attention to Count which appears on page 26 of the draft indictment, that is a charge of indictment of a minor during the period of December 6th, 2004 through June 2nd of 2005, could you summarize for the Grand Jury the evidence related to that count. A On or about these dates the facility of interstate commerce, the telephone, specifically ■ and were utilized to set up breasts, he would on multiple occasions S200. Jeffrey Epstein have escorted upstairs for these massages and Mr. Epstein gave OFFICIAL REPORTING SERVICE EFTA00224047 9 1 2 3 4 5 6 7 8 9 a vibrator, Victoria Secret bra and panty sets and he also rented her a car for several months. Q And just so that it is clear, you mentioned he paid her on several occasions, he paid her every time she performed these lewd acts, correct? A Yes, $200. Q And is listed as a defendant with respect to Jane Doe number 3 as well, and can you explain to the Grand Jury a little bit more about who 10 11 is and why she is charged in this count? A is one of Mr. Epstein's personal 12 assistants as well and she made appointments for him for 13 these massages. 14 we have contact between phone 15 and phone, she contacted approximately 16 25 times. 17 Q And that's why she is also charged with 18 someone who is either an aider or abetter or a 19 coconspirator with respect to this? 20 A Yes. 21 Q Okay. If I could direct your attention to 22 Count number 32 which appears on page 30, Count number 23 32. 24 A I got 32. 25 Q What is the evidence related to? OFFICIAL REPORTING SERVICE EFTA00224048 10 1 A I am sorry, I didn't hear you ask me the 2 question, I thought you said refer to it. 3 The evidence is we have flight records that 4 indicate on December 13th, 2004 Epstein traveled to Palm 5 Beach County on the Gulfstream, there was telephonic 6 contact between and the day 7 before or the day of travel, we also have the sexual 8 conduct between Jeffrey Epstein and as we 9 described earlier in Count 7. 10 Q And just to refresh the recollection of the 11 Grand Jury, the Gulfstream aircraft is the one owned by 12 Hyperion? 13 A Air, Inc. 14 Q And when you said that there was telephone 15 contact, you recall that in overt act number 60 that we 16 discussed phone calls on December 12th, correct? 17 A we did. 18 Q Okay. If I could direct you to Count number 19 35 and if you could tell the Grand Jury about the 20 evidence according to that count. 21 A Again, we have flight records that indicate 22 that on January 6th, 2005 Epstein traveled to Palm Beach 23 County on the Gulfstream again, there was telephonic 24 contact between and the day before, 25 the day of that travel, we also talked about the sexual OFFICIAL REPORTING SERVICE EFTA00224049 11 1 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 conduct between Jeffrey and between Epstein and Q And can you tell us again what aircraft they flew on on January 6th? A That was the Gulfstream which was owned by Hyperion Air, Inc. Q Okay. If I could direct you to count 36 and again if you could summarize that evidence. A we have flight records that indicate that on January 14th, 2005 Epstein, and traveled to Palm Beach County on the Boeing 727 that Mr. Epstein owns, there was telephonic contact between and travel, as well Jeffrey Epstein the day before, the day of that as we have the sexual conduct between and as we described earlier, and 1 will tell you that is -- Mr. Epstein's personal assistant, and is we talked about just a few minutes ago, mr. Epstein, another of Mr. Epstein's personal assistants. Q And if I could direct your attention to count 37 and ask you to summarize the evidence related to that count. A we have flight records that indicate that on February 3rd, 2005 Mr. Epstein and OFFICIAL REPORTING SERVICE traveled EFTA00224050 12 1 to Palm Beach County on the Boeing 727, there was 2 telephonic contact between and 3 the day before or the day of travel and we have 4 the sexual conduct between Epstein and 5 Q And if I could direct your attention to Count 6 number 38. 7 A In Count number 38 we have flight records that 8 indicate on February 10th, 2005 Mr. Epstein, 9 and traveled to 10 11 12 Palm Beach County contact between before or the day on the Gulfstream, and we there was telephone the day the sexual of travel, also have 13 conduct between Mr. Epstein and 14 Q Now, I am sorry, on Count number 38, which 15 airline were they on? 16 A They were on the Gulfstream. 17 Q Can i ask you to double-check that? There is 18 an inconsistency between the chart and the indictment or 19 we can save that for a later date. 20 A It is right here. 21 22 Q I will mark that we need to check on Count number 38. 23 A I have the flight manifest with me if you want 24 me to check, I don't know if you want me to do that now. 25 Q Yes, if you don't mind. OFFICIAL REPORTING SERVICE EFTA00224051 13 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and (Thereupon, there was a brief pause.) A In count 38, flight records indicate on February 10th, 2005 that Mr. Epstein, and were in fact on the Boeing 727. Q So the draft indictment contains the correct information? A Yes, it does. Q What company owns the Boeing 727? A JEGE, Inc., Incorporated. Q And if I could take you to Count number 39 A Evidence shows through flight records that on February 21st, 2005 Epstein, and traveled to Palm Beach County on the Boeing 727, there was telephonic contact between and the day before or the day of travel , there was also the sexual conduct between Epstein and Q And if I could take you to count number 40, please. A we have flight records that indicate on February 24th, 2005 Epstein, traveled to Palm Beach County on the Boeing 727, there was telephonic contact between the day before, the day of travel, and OFFICIAL REPORTING SERVICE EFTA00224052 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 there was sexual conduct between Jeffrey Epstein and as we described earlier in Count 7. Q And if you could do Count 42. A we have evidence that shows flight records, that flight records indicate that on March 18th, 2005 Epstein traveled to Palm Beach County on the Boeing 727, there was telephonic contact between and the day of or the day before travel , we have the sexual conduct between Mr. Epstein and Q And just referring to that count, is named, although she was not on the flight that day, is that correct? A Yes. Q And you said that she made the telephone calls with correct? A Yes, and we also do have -- we have interviewed Mr. Epstein's pilots and one of the pilots indicated that was the one that arranged all of Mr. Epstein's travel arrangements and so she is responsible for making his arrangements to travel to Palm Beach as well as call the girls for the appointments. Q If I could take you to Count number 43, please. A Flight records indicate that on March 31st, OFFICIAL REPORTING SERVICE ( EFTA00224053 15 1 2005 Mr. Epstein traveled to Palm Beach County on the 2 Boeing 727, there was telephonic contact between 3 and the day before or the day of travel, 4 we also have the sexual conduct between Epstein as 5 described earlier in Count 7. 6 Q Again, in Count 44, what is the evidence 7 related to that? 8 A Flight records indicate that on April 8th, 9 2005 Epstein and traveled to Palm Beach 10 11 12 County on the Gulfstream and there was telephonic contact between and on the day before or the day of travel, we also have the sexual 13 conduct between Mr. Epstein and 14 Q And if you could go through 45, 46 and 47. 15 A Count 45 we have flight records that indicate 16 on April 27th, 2005 Epstein and traveled to 17 Palm Beach County on the Gulfstream, there is telephone 18 contact between and the day 19 before or the day of travel and we have the sexual 20 conduct between Jeffrey and 21 In Count 46 we have flight records that 22 indicate that on May 6th, 2005 Epstein, and 23 traveled to Palm Beach County on the 24 Gulfstream. 25 We have also telephonic contact between OFFICIAL REPORTING SERVICE EFTA00224054 16 1 2 3 4 and either the day before or the the sexual conduct between in Count 47 on May 19th, 2005 indicate Epstein, day of travel Epstein and we have flight and we have and that records 5 and traveled to Palm Beach County on 6 the Gulfstream and we have telephone contact between 7 and the day before or the day 8 of travel. 9 we also have the sexual conduct between 10 Epstein and 11 count, Count 12 Q 13 number 51 as described in the earlier your attention to count 33, that is the sex 7. Now, if I could direct which appears on page 14 trafficking of a minor involving Jane Doe number 3, and 15 could you briefly summarize that, the evidence related 16 to that. 17 A As we discussed earlier in Count 7, I told you 18 guys about the sexual conduct between Epstein and 19 the monies that were paid to by 20 Mr. Epstein, the phone activity we discussed between 21 and it began in December, 22 and we also have phone calls beginning in January from 23 to at that time was 17 24 years of age, and we also have statements from 25 and regarding Mr. Epstein's knowledge of their OFFICIAL REPORTING SERVICE EFTA00224055 17 1 ages. 2 Q And with respect to the affect on interstate 3 commerce related to that count we have both the 4 telephone calls, correct? 5 A Yes. 6 Q As well as Mr. Epstein actually traveling in 7 interstate commerce to engage in this activity, correct? 8 A Yes, we do. 9 Q is there anything else that you would like to 10 11 12 mention about Jane Doe number 3? A Not at this time, no. Q If I could direct you to Jane Doe number 4 and 13 if you could summarize for the Grand Jury the 14 information related to Jane Doe number 4's activities. 15 A Jane Doe number 4 is I think you 16 wanted their birth dates, her birth date is 17 she was 16 years old and attended Royal Palm Beach 18 High School. 19 we first have contact through phone calls from 20 to on April 25th, 2004 which 21 indicates and shows that was clearly 16 years of 22 23 age when she started going to Mr. Epstein's and performing massages for Mr. Epstein. 24 our Jane Doe number 1, was the one 25 who recruited she basically told that she OFFICIAL REPORTING SERVICE EFTA00224056 18 1 could make $200, she needed to dress cute, he might try 2 to touch you, but if you feel uncomfortable just let him 3 know and he will stop, and the first massage that 4 did he repeatedly told and I mentioned this to 5 you in the last Grand Jury session, she was very shy and 6 he would repeatedly tell her not to be so shy, that she 7 didn't have to be so shy. 8 Epstein asked her to remove her clothing and 9 she told him no, and throughout the massage he would 10 repeatedly grab at her, he grabbed her butt, he did 11 masturbate through this first massage and pulled her 12 clothes, she would pull away and she was paid $200 for 13 that. 14 upon leaving the first massage Mr. Epstein 15 told that if was willing to do more she 16 would get paid more. He also informed I that if she 17 would bring her pretty friends he would also pay her for 18 bringing her pretty friends. He told that 19 would get her phone number. 20 says that she performed 21 massages for Mr. Epstein. we have with 22 approximately a hundred phone calls between 23 and 24 when I interviewed 25 when we got to the sexual massages that she did for three to four she became very upset OFFICIAL REPORTING SERVICE EFTA00224057 19 1 Mr. Epstein. At this point, this is as much as we know 2 at this point of what occurred with Mr. Epstein and 3 4 She did three to four massages and those last 5 massages they became more sexual in nature, he asked her 6 again to remove her clothing, this time she took her 7 shirt off, he asked her to take her bra off, she said 8 no. 9 He again would touch her breasts, he would 10 touch her butt, he did continue to masturbate, this time 11 she believes he ejaculated. He continued to compliment 12 her, tell her she had a nice body and that she was 13 pretty. 14 says that he was very nice and engaged 15 her in conversation, asked her, you know, if she had a 16 boyfriend. In the last massage she discusses with me, 17 and this massage Mr. Epstein told her to stop being shy 18 and asked her to take her clothes off and said 19 that she had a boyfriend and she didn't feel comfortable 20 taking her clothes off and he told her you should know 21 what to expect by now when you come here, and he jerked 22 on her pants as to like jerk them down, so she did on 23 this last massage get down to her bra and underwear. 24 she describes his tone at this time being 25 frustrated and irritated, she stayed in her bra and OFFICIAL REPORTING SERVICE I EFTA00224058 20 9 10 Q Now, Special Agent 11 12 13 14 15 16 17 18 A Yes. 19 20 21 types of offenses? 22 23 24 25 rapport is built? 1 underwear, but during the massage he grabbed her bra and 2 pulled it down and fondled her breasts, he had 3 instructed her to pinch his chest, his nipples while she 4 was massaging his chest, he tried to grab her all over, 5 he knew that she was upset with this massage. 6 At one point Mr. Epstein asked her if she had 7 sex with her boyfriend, informs him that she is 8 still a virgin and he responds what, you don't like sex? And that's pretty much the way that last massage went. just to interrupt you, you mentioned that Jane Doe number 4 became very upset as you were asking her about the massages, correct? A Yes. Q And when she was describing this incident with him grabbing at her breast and trying to pull her pants down and instructing her to remove her pants, correct? Q You had talked last week about the expert that you had spoken with about interviewing victims of these OFFICIAL REPORTING SERVICE ( A Right. Q And you had told us about how a victim may be reticent at first to tell the entire story until a EFTA00224059 21 1 A Right. 2 Q Can you tell the Grand Jury your impressions 3 of your interview with 4 A She became so visibly upset, and a lot of the 5 girls are embarrassed of what took place, but when she 6 talked about the last massage and him grabbing her 7 breasts and fondling her breasts she was in tears and we 8 stopped the massage and we calmed her down, trying to go 9 back there was just too difficult, I could not get her 10 back to discussing anything further that had taken 11 place. 12 I have since then -- I have since talked to 13 again and I feel there is more there, but I just 14 don't think she is ready to disclose what took place. 15 Q So based upon the more than 60 telephone calls 16 as well as -- 17 A Approximately a hundred. 18 Q -- 100 telephone calls and your conversations 19 with you think there is probably more than four 20 massages that happened? 21 A Yes, I do. 22 Q was there anything else that you wanted to 23 discuss with the Grand Jury? 24 A Just, as I stated in the beginning of those 25 massages, they engaged in conversation and throughout OFFICIAL REPORTING SERVICE EFTA00224060 22 1 that conversation, you know, she did inform Mr. Epstein 2 that she was a junior in high school and again she is 3 one of the girls that talks about being Mr. 4 Epstein's favorite, so because Mr. Epstein knew they 5 were friends they would engage in conversation about 6 and would mention they were in the same 7 classes at school and they would discuss the friendship 8 they had between the two girls with mr. Epstein and 9 think that's it. 10 Q All right. If we could turn to the 11 post-indictment to overt act number 4 which appears on 12 page number 5. 13 Did you obtain telephone records for Jane Doe 14 number 4? 15 A Yes. 16 Q And did you compare those with the phone 17 records of and others? 18 A Yes, I did. 19 Q And can you tell us with respect to overt act 20 number 4 what evidence you have related to that? 21 A A review of the phone records indicate that 22 there was 23 belonging to and as well as 24 statements that would call her to make 25 appointments. telephonic contact between the numbers OFFICIAL REPORTING SERVICE EFTA00224061 23 1 Q And if we could go through overt acts 6, 8, 9 2 and 11, all of which appear on page 6. 3 A A review of the phone records on May 3rd, 4 2004, may 14th, 2004, may 20th, 2004 and June 3rd, 2004, 5 a review of those phone records indicate that there was 6 telephonic contact between numbers belonging to 7 and as well as statements. 8 Q if 1 could take you to overt acts 14, 15 and 9 19 which appear on page 7. 10 A A review of the phone records on June 11th, 11 2004, June 20th, 2004 and July 10th, 2004, they indicate 12 that there is telephonic contact between the numbers 13 belonging to and 14 Q And if 1 could ask you to turn to page 8 and 15 if you could address overt acts 24 and 25. 16 A A review of the phone records on July 18th, 17 2004 and July 22nd, 2004, a review of and 18 's phone records indicate there is 19 telephonic contact belonging to both of them as well as 20 statements that Kellen would arrange 21 appointments with her. 22 Q If I could take you to page 9 of the draft 23 proposed indictment and ask about overt acts 29 and 30. 24 A A review of the phone records indicate there 25 is telephonic contact on July 22nd, 2004 and August 4th, OFFICIAL REPORTING SERVICE EFTA00224062 24 1 2004 between numbers belonging to and 2 as well as statements. 3 Q If I could take you to page 10 of the draft 4 proposed indictment and ask you about overt acts 37 and 5 43. 6 A A review of phone records indicate telephonic 7 contact on August 25th, 2004 and October 3rd, 2004 8 between numbers belonging to and 9 10 Q And if you could turn to page 11 of the draft 11 proposed indictment and if you would address overt acts 12 47 and 48. 13 A A review of the phone records indicate 14 telephonic contact on October 30th, 2004 and November 15 4th, 2004 between numbers belonging to and 16 as well 's statements. 17 Q Okay. And if you could go to page 14 of the 18 draft proposed indictment and address overt act number 19 77. 20 A A review of phone records indicate that on 21 January 4th, 2005 there was telephonic contact between 22 and as well as 23 statements. 24 Q I'm sorry. If you could turn to page 16 of 25 the draft proposed indictment and address overt act OFFICIAL REPORTING SERVICE ( EFTA00224063 25 1 number 87. 2 A A review of the phone records indicate that on 3 January 22, 2005 there is telephonic phone contact 4 between numbers belonging to and and 5 I believe I said on January 22nd, 2005. 6 Q Okay. And if you could go to page 17 and 7 address overt act number 101. 8 A On February 14th, 2005 a review of the phone 9 records indicate that there was telephonic contact on 10 that day between numbers belonging to and 11 as well as 's statements. 12 Q If you could turn to pages 18 and 19 and if 13 you would address overt acts 106, 114 and 116. 14 A A review of the phone records indicate that 15 there is telephonic contact between and 16 on February 24th, 2005 as well as 17 statements. 18 Q Overt act number 114 says on March 18th, 2005 19 defendant prepared a written message to defendant 20 Epstein regarding Jane Doe number 4, could you tell the 21 Grand Jury what the evidence is related to that? 22 A We have a review of the message pads that were 23 recovered during the search warrant that the state 24 served that showed that wrote a message to 25 Epstein regarding and that was done on march 18th, OFFICIAL REPORTING SERVICE ( EFTA00224064 26 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2005. 2 Q Do you happen to remember what the message 3 said? 4 A I have those with me. 5 Q would you mind getting them out? 6 A Do you want to mark it? 7 Q If you could just read it to the Grand Jury. 8 A It is a message written by for Jeffrey on 3/18/2005, it looks like 4:21 p.m., and the message reads is it okay if will come at 5:00 and there is a question mark. Q And if I could direct you to overt act number 116, what the evidence is related to that. A A review of the phone records on march 29th, 2005 indicate that there is telephonic contact between and as well as her -- statements. Q And if I could take you to overt act number 127 which is on page 20. A A review of phone records on April 11th, 2005 indicate that there is telephonic phone contact between the numbers belonging to and as well as 's statements. Q Now, if you could go to Count number 8, which alleges that between April 25th, 2004 and June 29th, OFFICIAL REPORTING SERVICE EFTA00224065 27 1 2005 Jeffrey Epstein, 2 Jane Doe number 4 to engage in sexual activity or 3 prostitution. enticed 4 A on or about these dates we have a facility of 5 interstate commerce, specifically the telephones, ■ 6 and which were utilized to 7 set up, arrange massage appointments for Epstein, we 8 have taking upstairs to set up the 9 massage table, she would set the massage table up as 10 well as set up the lotions and the oils, we during 11 those massages Epstein would grab and pull closer 12 to him as he masturbated, he repeatedly would ask her to 13 remove her clothing, wearing her bra and underwear, 14 Epstein would pull down her bra and grabbed at her 15 breast, he attempted to touch her vagina at one point 16 but she stopped him, he masturbated, she believes that 17 he ejaculated, he paid her $200, he told her that he 18 would pay her to bring her pretty friends and would pay 19 her more if she would do more. 20 Q And just so that this is clear to the Grand 21 Jury, June 29th of 2005 is the day before Jane Doe 22 number 4 turned 18, is that correct? 23 A yes. 24 Q so was there activity that continued past her 25 18th birthday? OFFICIAL REPORTING SERVICE EFTA00224066 28 1 2 3 4 5 A Yes. Q If I could direct you to Count number 17, which appears on page 28, and tell us about the evidence M ated to that. A we have evidence through flight records that 6 indicate on May 21st, 2004 that Epstein and 7 traveled to Palm Beach County on the 8 Gulfstream, we have telephonic contact between and 9 the day before or the day of travel and we 10 have the sexual conduct between Epstein and as we 11 described earlier in Count 8. 12 Q And if you could go through Counts 18 and 19. 13 A we have flight records that indicate on June 14 4th, 2004 Epstein and traveled to Palm 15 Beach County on the Gulfstream, we have telephone 16 contact between and the day before, 17 the day of travel, we have sexual conduct between 18 Mr. Epstein and as discussed earlier. 19 We have also Count 19 on June 20th, 2004 we 20 have flight records that indicate that Epstein and 21 traveled to Palm Beach County on the Boeing 22 727. 23 We have the telephone contacts between 24 and the day before, the day of travel, we 25 also have the sexual conduct between Jeffrey and OFFICIAL REPORTING SERVICE EFTA00224067 29 1 as we described earlier in Count 8. 2 Q Could you do the same for Counts 22 and 23, 3 please. 4 A Count 22 we have flight records that indicate 5 on July 22nd, 2004 Epstein, 6 traveled to Palm Beach County on the Boeing 7 727, we have the telephonic phone contact between 8 and the day before or the day of travel, we 9 also have the sexual conduct between Jeffrey Epstein and 10 as we described earlier, and Count 23 we have 11 flight records that indicate on August 6th, 2004 Epstein 12 and traveled to Palm Beach County on the 13 Boeing 727, we have telephonic contact between 14 and two days prior to Epstein and 15 traveling to Palm Beach County, we have sexual 16 conduct between Jeffrey Epstein and as we 17 described earlier. 18 Q And if you could do the same for Count number 19 28, please. 20 A Count number 28 we have flight records that 21 indicate on November 5th, 2004 Epstein, , 22 traveled to Palm Beach County on the 23 Gulfstream, we have telephonic contact between 24 and the day before or the day of travel, 25 we have the sexual conduct between Epstein and . OFFICIAL REPORTING SERVICE EFTA00224068 30 1 Q And if I could direct you to Count number 35, 2 you testified previously about the people who were 3 aboard the plane. 4 was there also telephone contact on January 5 6th -- excuse me, shortly before the flight on January 6 6th, 2005 between and this Jane Doe? 7 A Yes, two days before. 8 Q And if you look at Count number 40, again, you 9 had previously told us about who was on board the plane. 10 Can you tell us whether there was also telephone contact 11 shortly before that? 12 A There was telephone contact the day of or the 13 day before. 14 Q All right. Between who and who? 15 A Between and 16 Q okay. And if you could look at count 43, you 17 also had testified previously about who was aboard the 18 plane on that day. 19 was there also telephone contact between Jane 20 Doe number 4 -- excuse me, Jane Doe number 4 and 21 22 A Yes, two days before. 23 Q And if I could direct you to Count number 52, 24 which is the sex trafficking offense, and if you could 25 summarize again for the Grand Jury the evidence related OFFICIAL REPORTING SERVICE EFTA00224069 31 1 to that. 2 A we discussed in Count 8 the sexual conduct 3 that occurred between and Epstein during the 4 massages that took place, we talked about the money that 5 was paid to her by Mr. Epstein and the offer of more 6 money if she would do more as well as if she would bring 7 her friends. 8 Through statements we have also that 9 has paid her 10 friend, we have the phone activity between 11 and 12 13 and 14 when would be 17, with the statements of 15 the knowledge that Mr. Epstein knew their age, 16 17 Mr. Epstein that she was a junior in high school, that 18 she was classmates with and then 19 statements that was concerned because she was 20 discussing prom with Mr. Epstein, and both girls at that 21 time of the phone calls were under the age of 18. 22 Q Just again so it is clear for the Grand Jury, 23 neither nor ever specifically said hey, 24 Jeffrey, 1 am 17, but they provided information that 25 should have caused him to try to figure out whether in in the past for bringing which started in April, 2004, we know a was 16 at the time, we also have phone activity between beginning in the spring of 2005 and we have gone through that regarding OFFICIAL REPORTING SERVICE informing 's and EFTA00224070 32 1 fact they were adults? 2 A Yes. 3 Q Any questions about Jane Doe number 4 before 4 we turn to Jane Doe number 5? Yes, ma'am. 5 A GRAND JUROR: I have to say something here, 6 if it is a stupid question forgive me if it is, 7 from what I heard, maybe I heard wrong, there were 8 three to four massages that Jane Doe, or 9 said that she had and you enumerated quite 10 a few sexual contact. 11 How do you know about this, do you have 12 records, how do you know they were sexual contact? 13 THE WITNESS: Through interviewing 14 A GRAND JUROR: She said she only had three to 15 four massages. 16 A GRAND JUROR: Her question is more like 17 there is 20 phone calls. 18 A GRAND JUROR: There is tons of them. 19 THE WITNESS: Exactly, that is what we were 20 discussing earlier when we discussed that there is 21 more than what is willing to admit at this 22 time. 23 A GRAND JUROR: I got it. So she said she 24 only had three to four. 25 A GRAND JUROR: There is a hundred phone OFFICIAL REPORTING SERVICE ( EFTA00224071 33 1 calls. 2 A GRAND JUROR: You said you found out through 3 I am a little bit confused about that. 4 THE WITNESS: Through interviewing she 5 stated that she had three or four massages from 6 Mr. Epstein. 7 BY MS. -: 8 Q Special Agent , the sexual activity 9 that you described that went through, that is what 10 she said happened during those three to four massages, 11 correct? 12 A Right. 13 Q Does that answer your question? 14 A GRAND JUROR: Not really. How do we know 15 like about all these 25, 30? 16 A GRAND JUROR: There is more dates that match 17 up with the amount of massages. 18 A GRAND JUROR: There were a hundred phone 19 calls. 20 A GRAND JUROR: Are we supposed to assume a 21 phone call was made each time they had sexual 22 contact? 23 THE WITNESS: No. There are lots of phone 24 calls made arranging appointments between the 25 girls, that doesn't mean that every phone call that OFFICIAL REPORTING SERVICE EFTA00224072 34 1 was made was a trip over to Mr. Epstein's house to 2 perform a massage. 3 MS. Yes, ma'am. 4 A GRAND JUROR: Couldn't they put anything in 5 this indictment about stalking her, are there any 6 rules against stalking children? 7 MS. I will address -- that is a 8 legal question that I will address when the Special 9 Agent is outside of the Grand Jury. Any other 10 11 factual questions related? A GRAND JUROR: I don't have a question 12 relating to Jane Doe number 4, it was a question I 13 asked last week, what does Mr. Epstein do for work, 14 how does he make his money? I asked that late, 15 late in the game last week. 16 MS. okay, I guess we can just 17 address that now. 18 BY MS. 19 Q What is Mr. Epstein's state of profession? 20 A He is an investor. 21 Q And he manages portfolios valued at about a 22 billion or more? 23 A Yes. 24 Q who is his best known client? 25 A The owner of the Limited and Victoria Secret. OFFICIAL REPORTING SERVICE ( EFTA00224073 35 1 2 Q And you mentioned that as gifts Mr. Epstein tended to give victoria secrets panties and bra sets? 3 A Yes. 4 Q Does that answer the question? 5 A GRAND JUROR: Yes. 6 MS. ves, ma'am. 7 A GRAND JUROR: Count 28 I thought I heard 8 that -- I thought I heard the detective say that it 9 was the Gulfstream rather than the Boeing 727 on 10 11 12 flight records, MS. there. just for your info. Count number 28, let's go back 13 BY MS. 14 Could you restate for the Grand Jury which 15 company owns the Gulfstream? 16 A The Gulfstream is owned by Hyperion Air, Inc. 17 Q And the Boeing is owned by whom? 18 A JEGE, Inc. 19 Q Any other questions before we go on to Jane 20 Doe number 5? we have four minutes. 21 Special Agent , why don't I ask you 22 to step outside so I can answer that question for the 23 Grand Jury and address some issues. 24 (The witness was excused from the Grand Jury 25 room.) OFFICIAL REPORTING SERVICE EFTA00224074 36 1 (Questions posed by the Grand Jury.) 2 (The testimony of the witness was concluded 3 before the Grand Jury.) 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 OFFICIAL REPORTING SERVICE EFTA00224075 37 1 CERTIFICATE OF REPORTER 2 3 4 5 I certify pages 2 through 36 are a true transcript of my 6 shorthand notes of the testimony of 7 before the Federal Grand Jury, West Palm 8 Beach, Florida on the 18th day of Tuesday, 2007. 9 10 11 -Notary Public 12 Commission #DD0282274 13 Expires May 8, 2008 14 15 16 17 18 19 20 21 22 23 24 25 OFFICIAL REPORTING SERVICE EFTA00224076