EXHIBIT Case Document Entered on FLSD Docket Page of RFP WPB Case Document Entered on FLSD Docket Page of GERALD LEFCOURT lefcourt lefcourtlaw.com SHERYL REICH reich lefcourtlaw.com RENATO STABILE stablle lefcourtlaw com FAITH A FRIEDMAN ffrledman lefcourt aw.com BY HAND LAW OFFICES OF GERALD LEFGOURT P.C A PROFESSIONAL CORPORATION EAST Case Document Entered on FLSD Docket Page of LAW OFrtCES OF GERA 1.EFcOlJRT P.G A Marie Villafana Esq Assistant United States Attorney Andrew Lourie Esq Deputy Chie Northern Region Office of the Uni ed States Attorney Southern District of Florida Febmary age matter and whether you believe it warrant federal intervention We respectfully submit that there is no basis for the exercise federa jurisdiction here The conduct at issue is entirely ocal and subject to ate prosecut i on under he States standards and policies And indeed as you know Epstei has been indicted for felony charges relating to this matter That indictment is ill pending Moreover key elements that are necessary to support the invocation of federal jurisdiction in this area are wholly lacking As we detail below the evidence will not upport a determination that Epstein knew bel i eved that any of the women was under the age of Indeed the i tness slatements demonstrate that the opposite is true As herself told the PBPD told me to say I was l8 because said if youre not then he Epstein wont really let you in bis house So I said I was Nor is there any ev i dence atever that any of the women traveled in inters ate commerce for the purpose of engaging in prohibited sexual activity or that Epstein ever traveled in in state commerce for the purpose of engaging in prohibited sexua act ivi ty the lear predicates for any federal violation Neither is there any reason to breach the Petite olicy in favor of the discretionary exercise of federal jur i sd i ction the has been a full i nvestigation that has resulted in a prosecution by State authorities on charges deemed appropriate and that the facts wi ll support And even if a case cou ld be made and the exe cise of fed era jurisdiction were warranted the extraordinruy forensic barr i to a successfu prosecution including the need to use witnesses who themselves have prov id ed sworn statements that contradict key elements of any prosecut i on compel that no case be brought ln fact we believe the States choice in which charges to pursue was informed by the significant credibility problems of he potential witnesses I The Facts Will No Support a Charge Under Federal Statutes Governing Sexual Conduct Although to date the federal statutes Epstein may have i olated have not been identified nevertheless there are certain key elements common the statutes governing sexual conduct that we believe present insunnountable hurdles to any federal prosecution We are of course prepared to provide further explicat i on of why particular statute are inapplicable to the conduct alleged he once the statutes you believe may app have been specified We are prepared to provide copies of all _recordings ifrequested them CV-MARRA RFP WPB Case Document Entered on FLSD Docket Page of LAW OFr!CES OF GERALD LEPcoURT P.C A Marie Villafana Esq Assistant United States Attorney Andrew Lourie Esq Dep ut Chief Northe rn egion Office of the United States Atlomey Southern District of Florida February Page Epstein Did Not Know or Believe Any Women Were Under Years of Age Each of the potential statutes requires that the government prove that Epstein knew or believed a particular woman was under or in some instances under at the time of the events at issue Epstein i not The i substantial evidence found in the sworn statements of the women th mselves that to the extent any we in fact under he age of each affirmatively lied about age because she knew that pstein wouJd not let er into his house if she were under Evi nce also supports that Epste in took affirmative steps to ensure that every woman was at least years of age In fact many were indisputably over the age of At any time did he speak you and does he know how ld you are id he know how old you were A As a mate of fact told me to say I wa because sai tell him youre because if youre not then he wont eally let you in his house So I sai I was As I was giving him a massage hes like how old are you And hen I was like But I kind of said it really fas because I idn wan to make it so und like I was lying or anything tatemen of Did he ask you your age A Yeah I told him I was Sworn Statement of Did he know your age A I dont think I think he did Downstairs was like oh well if they ask you how old are you just say youre but 1n addition to women referenced herein the evidence reflects that i h1esses were all ove the age of a the time each v1s1Tea c.pstem omt CV-MARRA RFP WPB Case Document Entered on FLSD Docket Page of LAW OFFICES OF GER..A.LD LEFooURT A Marie Villafa na Esq Assistant United ates Attorney Andrew Louri Esq Deputy Chief Northern Region Office of the United States Attorney Southern District of Flo ida February Page4 he never asked me ow old I was I thought you had to be to give a massage inaudible Swom Statement of A We were upposed to say we we Who told you that to say that A Sworn Statement of He lik es the girls are between the ages of and Sworn Statement of We ll with I dont know how old she is because she i ed about ner age i lle lied to me when I first met her When I was she told me she was I naudib Well she left her purse at my house a she told me to make sure tha I didnt look in her purse Whe I went through her purse I found her state license that said she was so she lied to me about her age Statement of Now how were you when you fi rs started going th ere A Eighteen Im now this last March Sworn Statement of In addition to i ving a sworn statemen at the PBPD Stat i on conversations with Detective Recarey while being transported to and from the station were also recorded This excerpt i taken from recording of ra velin from station CV-MARRA RF WPB Case Document Entered on FLSD Docket Page of LAW OF 260FJCES OF GERALD 1.EFooURT P.C A Marie Villafana Esq Assistant United States Attorney And ew Lourie Esq Deputy Chief Northern Region Office of the United ates Attorney Southern District of Flor ida February Page And all this occurred when you were though A huh I had been for ike months nine months already My birthday i in June so I had been for a while Sworn Statement of Okay ow old are you now You re A Im Youre So a couple mon hs ago you would have been what A Uh-huh Alr i ght So July August you would have been On the verge of20 A Uh-huh Sworn Statement Okay Did hey appear young to you A Yes They were young You know that I never een anybody older than or something like that Anybody younger than A Its hard to say that si You know there were a ot of girls that were very very young but you know for me to say they were minors you know you know I never see their drivers license Sworn Statement of To put Rodrig uez comments about the age the women in context referring to Epstei girlfriend Na dia Marcinkova Rodriguez stated she was very ve1y young Sworn Statemen of Since Marcinkovas date of birtb he was in fact twenty at the re evant time CV MARRA RF WPB Case Document Entered on FLSD Docket Page of LAW OFFICES OF GEB Ar:o LEFcoUR.r P.C A Marie Villafana Esq Assistant United States Attorney Andrew Lourie Esq Deputy Chief Northem Region Office of the United States Attorney Southern District of Florida February ge Even as to those women with respect to whom there i no explicit evidence of their being at least at the time having made affirmative misrepresentat i ons of being so each was introduced to Epstein through either or others who instructed the women to say they were even if they were not Thus proot of this crit i cal element would be lacking No Travel Was For the Purpose of Engaging in Prohibited Sex ual Activity Federal law criminalize trav l/or the pwpose knowing engaging in unlawfu sexual activi with minors United States Hayward F.3d 3d Cir United States Tykarsky F.3d 3d Cir This is the highest level of culpability in th four tier hierarchy of culpabilily that the Model Penal Code uses The different levels in this hierarchy are commonly identified in descending order of culpability as pur ose knowledge recklessness and negligence A person who causes a particular result is said to act purposefully if he consciously desires that result whatever the ikelihood of that result happ ning from his conduct Unit States Bailey U.S quoting United States Unit Stat Gypsum Co U.S The Supreme Court has repeatedly interp eted this language to require that the illegal act i vity be the dominant mo iv for the travel See Mortensen United States U.S an intention that the women or girls shall engage in the nduct outlawed by Section must be found exist before the conclusion of the interst a te journey and must be Lhe dominant motive of such interstate movement emphasis supplied Hawkins United States U.S The only factual issue in the case was whether petitioners dominant purpose in making the trip was to facilitate her practice of prostitu ion Cleveland Un i ted Sta es U.S There was evidence that the unlawful pu pose was the dominant motive There is no bas i for concluding that Eps eins paramount or dominant purpose in going to Palm Beach on any occasion was to engage in prosc1ibed sexual activity even if we assume hat some uch conduc occurred while he was there Epsteins intersta travel was motiva ed As aid Like I said some bring friends wh br in friend St a tement of Indeed a change in the law redefinfog the ns rea necessary for a violation of S.C with respect to internationa travel left unt uched the andard for domestic travel and thus underscores the strict standard needed for a prosecution in this area See United States Clark 3d th Cir RFP WPB RFP WPB Case Document Entered on FLSD Docket Page of LAW OFFICES OF GERALD l..EFOOURT A Marie Villafana Esq Assistant United States Attorney Andrew Lourie Esq Deputy Chief Northern Region Office of the United States Attorney Southern District of Florida February Page by his need to be outside of New York for tax reasons That was the principa purpose of his travel to be certain not to be present in New York in excess of half of each year That he chose Flor i da as his destination was a function of hi decision made long ago to maintain a home there which also was not motivated by any des i re to or intention to engage in prohibited sexual activity Eps tein has maintained a connection to Florida for nearly years the ast seventeen as a homeowner Prior to that Epstein rented homes in the area Epsteins parents also lived there for years and before his mothers death in especially during the four years of illn ess that led to her death his father died earlier Epstein frequently traveled to see her Since their dea ths he has traveled to Florida specifica lly to visit their graves Epsteins brotl1er too maintains a home in Palnl Beach County Indeed Epstein has been trave ing there regularly integrating into the Palm Beach community He was a member of The Breakers Club from to He maintains bank accounts in Florida including accounts at the First Bank of the Palm Beache in which bank he had an ownership interest as well He holds a concealed weapons permi from the State of Florida maintains the corporate records of his two airplanes in Florida which airplanes receive virtually all of their scheduled maintenance work in Florida has titled and registered twelve automobiles in Florida as well as his boat the majority of all demonstrations and inspections of new aircraft and boats have been done in Florida until recen tly has maintained a drivers licens in Florida and he employs pilots who reside in Florida So ensconced in lorid a is he that his regular hysic ian is based in lorida and most medical procedures he has had performed over the years have been done in Florida Foundations he controls have donated generously and regularly to Ballet Florida during the period fro to Epstein also uses his home i Florida for meeting regularly with important business contacts many of whom either live or maintain residences in the Palm Beach area Beginn ing in and continuing through most of Epstein also traveled frequently to Florida to negotiate the purchase of the Abraham Gosman Estate which was finally sold at auction in November Although Epstein was ultimately outbid nearly a dozen trips to Florida were made in direct pursuit of his offer In furtherance of hese activities being out of New York for in excess of half of each year visiting his mother and brother meeting with business associates and negotiating the purchase of the Gosman Estate Epste in made separate trips to Florida in and There trips are reflected on the flight re rds previously provided to yo We are not reprodu cing them here because of their bulk If you would like an additional copy we will provide it Case Document Entered on FLSD Docket Page of LAW OFFICES OF GERAID LEFcoURT P.C A Marie Villafana Esq Assistant United States Attorney Andrew Lourie Esq Deputy Chief Nmthern Region Office of the United States Attorney Southern District of Florida Febmary Page Having massages were entirely inciden tal to the purpose of his travel to Florida And given the other purposes of his travel to Florida the act of going there cannot i tself give rise to any inference of an i mproper purpose Inde it can be demonstrated that Epstein typically spent between one third and one half his time at his home in Florida Likewise there is no evidence that any of the women traveled in interstate commerce for the purpose of engaging in the conduct alleged Though the Police Report suggests that one of the witnesses Alfr edo Rodriquez claimed that one or more of the women in question traveled on Epsteins plane a careful read i ng of the interview itself shows that the detect ive confused Epsteins assistants his girlfriend and her friends all of whom are indisputably over the age of with the women at issue here More to the point even if Rodriquez did so claim the 261light records and the tatement of the pilots show conclusively that none of these women ever rave led in interstate commerce on any of Epsteins planes to engage in any of the conduct alleged There Was No Intent To Engage in the Conduct at tl1e Time of the Trave Even assuming arguendo hat any travel occuned for the purpose of getting massages from women there is no evidence that at the time he was traveling to Florida Epstein had planned to engage in the conduct with a person he knew or believed was under Thus even if once in Flo rida Epstein purpose eq.gaged in li proscribed act which is denied that purpose arose long after his travel to Florida was complete while a particular massage with a particular masseuse was in progress It is for hese reasons that no prosecution would lie for the conduct alleged to have occuiTed with According to the Police Reporl at a woman evidently in fact under lb at the time of the events met with Epstein on only one occasion The evidence is that at the time he traveled to Florida Epstein had no knowledge that he would see anyone at all let alone knowledge that he would see ir any person whom he knew or believed was under Thus whatever the evidence shows occurred during the time was in Epsteins home any case would be fatally flawed because there is no evidence Epstein traveled in interstate commerce with any intention of meeting Similarly the re is no evidence that at the time he was traveling to Florida on any particular occasion he intended to engage in prohibited activity with any other person whom he knew or believed was under RFP WPB Case Document Entered on FLSD Docket Page of LAW OFFICES OF GERALD l..EFoODRT P.G TI A Mar i Villafana sq Assistant United States Attorney Andrew ourie Esq Deputy Chief Northern Region Office of the United States Attorney Sou them istrict of orida Feb ary Page St atem nt in the Poli ce Report a Ha No actu a Ba sis or A re ontradicted by the cord We have reviewed recordings many of the interviews conducted in person or by telephone and controlled ca ll cited in the Police Repo1t We have compared them to the statements purporting summar i ze em the Police Repo and Probable Cause Affidavit In instance after instance we find mate ial state ents in the Police Re ort attributed to these swo rn recorded statements that eithe simply we not said or in some instances are flatly contradicted by the witness who purportedly made the statement We highlight the most significant ones ide i fied to date Sworn Statement of olice Report at stated seeme upset or jealous when she told her that she rece i ved three hundred dollars PB PD Transcript at li ke let me see what he gave yo And then I showed he my and shes like were going to Marshalls Sworn Statement of Pol i ce Report at Sometime du ing the massage Epstein grabbed her buttocks and pulled her close him Sworn Statement Di he touch you in a way A was li ke kind oflike eaning towards me but I was li ke yo could tel1 was shy so I think thats why he didnt He i not ouch you inappropr i ately A No Telephone In te view of olice Report a A was wearing tight jeans and had a i ght belt on Jeff was unable to touch her buttocks There is no mention in There were three Prob a Ca se Affidavits prepared and executed by Detective Recarey on the same date The affidavits arc in a ll material respects identical and we here refe to the one concerning Epstein Tt is rumexed at Tab Because the robab Cause Affi avit me ely pa ro the olice Report fo si mplicity we refer solely to the olice eport We have not reviewed a recording of the bu of the interview stead we are relying on a transc ri pt wit hi we we provided CV MARRA RF WPB Case Document Entered on FLSD Docket Page of LAW OFF"ICES OF GERALD LEFcOURT P.G A Marie Villafana Esq Assistant United States Attorney Andrew Lourie Esq Deputy Chief Northern Region Office of the Uni ed ates Attorney Southern District of Flor i da ebrnary Page statement of what she was wearing or Epste in inability to touch her because ofit Police Repmt at stated she is aware that her friend w-as also at the house and had a prob lem with Jeff There is no mention in her statement of being at Epsteins house or having a problem with Epstein Sworn Statement of Police Report at also stated she was sixteen years old when she first went to Epstein house Sworn Statement Okay How old were you when you first went there A Seventeen Seventeen A And I was the ast time I went there too I turned this past June Swom Statement of Police Rep01t On occasion Epstein would use a massage/vibrator which she described as white in colo with a lru head on her Swom Statement Did he ever did he ever take out any toys A No Sworn Statement of Police Report at I asked her i she provided the massage naked aid she did Sworn Statement Well I was not wasnt naked Like I was in boy horts and lilce opless and boy shor Juan Alessi Sworn Statement of Police Report at Alessi stated that towards the end of his employment the masseuses were younger and younger Sworn Statement at Did they seem young to you A No sir Mostly no We saw one or two young ones in the ast year Before tha i was all adults I remember one girl was young We never asked how old be was It was not in my ob But I imagine she was Police Report at The bed would almost always hav to be made after the massage Sworn Statement at At the end it was a few times that the bed was undone You know we make the beds three or four times a We have not reviewed a recording of the A essi interv i ew However we were provided with a certified transcript of i RFP WPB Case Document Entered on FLSD Docket Page of LAW OFFICES OF GERALD LEFOO UR P.G A Marie Villafana Esq Assistant United States Attmney Andrew Lourie Esq Deputy Chief No1thern Region Office of the United States Attorney Southern Distr i ct of Florida February Page day And some imes we went to clean up massage to put it back the massage table to pick up the towels but the bed was undone again So either he took a nap or he went for a nap I dont know Or something else occurred A Or something else I cannot say Sworn Statement Probable Cause Affidavit at Epstein asked for her real age 1dvised that dur i ng her frequent visits ated sh wa Epstein advised her There is no such statement in her ecording not to tell anyone her real age Police Repor at Hall recounted how Epstein was naked in the bedroom she entered and removed her clothing Nadia Marcinkova Epsteins girlfriend entered the room from the steam room area akeady naked These events are not described in statement Probab Cause Affidavit at tated Epstein would photograph Marcinkova and her naked and having sex and proudly display the photographs within the home Sworn Statement it was me stand in in front of a big white ma ble bathtub it wasnt lik I was you know spreading my legs or anything for the camera I wa like I was standing up I hink I was standing up and I ju like it was me kind of like looking over my shoulder kinda miling and that was that Po li ce Report at stated that on one occasion she continued rubbing his legs thigh and feel and then Epstein turned ove onto his back She continued to rub his legs with the oils Epstein touched her breasts and began to masturbate These events appear to be synthesized from account of two separate incidents However concerning ither did make mention of rnbbing Epsteins legs thighs and feet or of Epstein turning over onto his back This statement i also directly con radicted by her witnesses who never made any accusation that any activ i ty ever occurred on the bed was interviewed by Detective Recarey twice once by telephone and once in person The po1tions of Po ice Report to which we refer specifically cite the i n-person interview of as the source for the information reported We have reviewed the recording of that interview and base the comparison on that We have never heard a recording of the telephone interview RFP WPB Case Document Entered on FLSD Docket Page of LAW OFrlCES OF GERALD LEFcoURT P.G A Marie Villafana Esq Assistant United States Attorney Andrew Lo urie Esq Deputy Chief Northern Region Office of the ited Stales Attorney Sou th ern District of Florida February Page Police Repolt at Epstein had purchased from her fami ly in Yugoslavia and bragged he brought her to the United States to be his Yugoslavian sex slave No such statement is made who refers to Marcinkova as pstein girlfriend and refers of.fhandectly to other women in the home as slaves Ill Materia Omissions from the Police Report 1n addition to the misstatements in the olice Report and Probable Cause Affidavit as to the evidentiary record there were also material omissions both of facts known to the PBPD and also of facts not known by the PBPD though known by the State Attorney In atter instance the lack of knowledge was the result of the PBPD refusal to receive the evidence Thus anyone re lying on the Po ice Report or Probable Cause Affidavit would have a skewed i ew of the facts materia to this matter Examples follow I The Video Surveillance quipm nt Located in Epstein Offic and Garage Both the Police Report at and the Probab le Cause Affidavit at make particular mention of the di scove ry of video surveillance equipment or covert cameras as they are called in Epsteins garage and library/office Inclusion of this information insinua tes a link between the equipment and the events at iss the Probabl Cause Affidavit notes at that on the first floor of the Epstein residence I Detective Recarey fowid two covert cameras hidden within clocks One was located in the garage and the other located in the library area on a shelf behind Epsteins desk The computers hard drive was reviewed which showed several images and other witnesses that have been interviewed A ll of these images appeared to come from the camera positioned behind Epsteins desk Clearly omitted from both the Police Report and the obable Cause Affidavit i the fact that the PBPD and specifically Detective Recarey knew about the cameras in ce the cameras were installed in with the help of the PBPD to address the theft of cash from Epsteins home This fact is detailed in a Palm Beach olice Report prepared in October detailing th thefts the installat ion of video equipment the video recording capturing Alessi then Epsteins house manager red handed and the incriminating statements made by Alessi when was confronted at the time See Alessi Police Report annexed a Tab at The contemporaneous police repo1t confirms the fact that he video footage was turned over to etective Recarey himself CV-MARRA RF WPB Case Document Entered on FLSD Docket Page of I LAW OFfIC OF GE.RAID LEFcoURT P.G A Marie Villafana Esq Assistant United States Attorney Andrew Lourie Esq Deputy Chief Northern Region Office of the Unite States Attorney Southern District of Flor i da February Page Polygraph Examination and Report On May pstein submitted to a polygraph examination by George Sla tt ery a highly respected polygraph examiner who is regularly used by the State Attorney The examination was done at a time when we we told that the sole focus of the investigation was the conduc with A copy of the Report i annexed at Tab Epstein was asked a whether he had sexual contact witl whether he in anyway threaten ed whether he was to by hat she was years old and whether he 253believed 1/as year old As set forth in the Report of the examination the te 267sexua1 contact wa given an extremely broad meaning in order to captu any inappropriate conduct th a could have occurred The results of the examination confirmed that i no such conduct occuned ii Epstein never hreatened i told Epstein sh was years old and iv Epste i believed was years old Though the results of the examination were given to the PBPD and a meeting scheduled for the PBPD to meet with the polygraph examiner to satisf-y itself as to the bonafide of the exam representatives of the PBPD refused alten the meetin and no information concerning the fact of the exam or the results appeared in the Police Rep01t or the Probable Cause Affidavit Broken Sex Toys in Epsteins Trash The Police Report details the pol i ce find i ng in Epstein trash what is described as broken pieces of a sex toy and that this discovery purportedly corroborated witness statemen Omitted from bo the Police Rep01t and the Probable Cause Affidavit is the fact that during the course of executing the earch wanant in Epsteins home the police i scovered the other piece of that key sex toy and realized it was in fact only the broken handle of a alad server Though sex toys play a prominent role in the Police Re ort and Probable Cause Affidav i the Police Report was never amended to reflect the discovery of this new and highly relevant evidence Meetings with the State Attorneys Office On multiple occasion attorneys representing Eps ein met with prosecutors and investigator in the State Attorneys Office Though there is vague reference to one or more meetings with counsel see The definition included sexual intercol;rse oral sex acts penis in mou or mouth on vagina finger penetration of the vagina finger penetration of the arius touching of the vagina for sexual gratification purposes touching of the penis for sexual gratification purposes masturbation by or to another touching or rubbing of he breasts or any other physical contact involving sexual thoughts and/or desires with another person RFP WPB Case Document Entered on FLSD Docket Page of LAW OF 1C OF GERAID LEFcom P.G A Marie Villa afia Esq Assistant United State Attorney Andrew Lourie Esq Deputy Chief Northern Region Office of the United States Attorney Southern District of Flor i da February Page Police Report at virtually no information provided evidence turned over to them regarding the alleged witne ses is included in the Police Report or Probable Cause Affidavit Instead there are misleading or false references to such meetings For example the briefest reference i made to a conversation Detective Recarey had on une with ASA Belohlavek regarding a meeting ea rli er that day between representative the State Attorneys Office and defense attorney Jack Go ldb erger olice Report at Omitted are the facts of the meeting Police eport at In addition to the pres nce of oth defense counse there was in attend anc both Slatt ry who administered the polygraph examination and a psychi a trist who had performed a rigorous psycho-sexual eva lu ation of Epstein and who co cluded that Epstein not unhea thy and posed no danger Both experts were made availa bl for questioning by the State Attorney and the PBPD unfortunately the PBPD refused to attend the meetin Nor i there any mention of the presentation made by defense counsel in which the claims being made with respect to then the sole focus of any potential prosecution were rebutted Failure to Consider Exc ulpator or lmpeaclting Evide11ce Other exculpatory and impeaching evidence known by the PBPD was omitted from the Police Report and Probable Cause Affidavit by in our view manipu ating the date the investigation was allegedly closed A cording the Police Report at etective Recarey explained to ASA Belohlavek that the PBPD had oncluded it case in December of TI1at assertion which is false conveniently resulted in the omission of all information adduced subsequent to that da Thus though the Police Report in fact contains information obtained after December the PBPD purported to justify its refusal to nsider or even to include i the Police Report the Probable a use Affidavit or what it re eased to the public all the exculpatory and impeaching evidence presented on behalf of Epstein most of which was provided after December That eviden ce is listed be ow Unreported Criminal Histori es and Mental Health Problems of the Witnesses Relied on ill the Poli ce Report and Probable Cause Affidavit Evidence obtained concerning the ritnesses relied upon to support the Probable Cause Affidavit casts significant doubt on whether se i tn ess are suffic i ently credible to upport a finding of probable a use et alone to sust in what would be th prosecutions burden RFP WPB Case Document Entered on FLSD Docket Page of LAW OFFICES OF GERALD LEFcoURT P.G A Marie Villafana Esq Assistant United States Attorney And ew Lourie Esq Deputy Chief Northern Region Office of the United States Attorney Southern Di strict of Flor i da February Page of proof at a trial Though such evidence was submitted to the PBPD none of it was included in the Police Report or the Probable Cause Affidavit a Juan Alessi Wlule the Police Report at and the Probab Cause Affidavit at contain assertions by A essi which allegedly support the bringing of a crimina charge omitted is the evidence revealing Alessi evident mental instability prior iminal conduct against Epstein and bias towards Epste i Juan Alessi Admitted Burglarizing pstein Home and Mental Health Issues As detailed above at i Alessi was filmed taking money from Epsteins home After being caught on videotape unlawfully en ering Epsteins home and stealing cash from a briefcase Alessi admitted the PBPD that he entered the house unlawfully on numerous occasions stea ing cash and attempting to steal Epsteins licensed handgun to commit suicide Though this information was known by Detective Recarey at the time the Police Report and Probable Cause Affidavit were prepared and is clear material to any detennination of credibility it was omitted as the source of the vast majority of the ser i ous allegations made a i nst Epstein While the Police Report and Probable Cause Affidavit rely on numerous assertions there are two significant problems with that reliance irst there is no mention of material admissions made by during her interview as well as on her MySpace webpage discovered by defense in vestigators and turned over to the State Attorney A copy of the webpage is annexed at Tab Second a ll but omitted from the Po Lice Report is any reference to the facts known about her by the PBPD specifically that a the time as making these assertions she had been arrested by the PBPD and wa prosecuted for pos sess ion of marijuana and drug paraJ hernalia A copy of Police Report ocumenting Halls arrest is Whi1e we have never intended and do not here seek gratuitous to cast aspersions on any of the witnesses in previous asking the State and now asking you to eva luat the strength of any case that might be brought we have been constrained to point out the fac tbat the alleged victims chose to present I to the wor through MySpace profiles with self-selected monikers such as Pimp Juice fab an ab or with nude photos RFP WPB Case Document Entered on FLSD Docket Page of LAW OFFICE.S OF G-ERArn LEFcoUR.T P.C A Marie Villafana Esq Assistant United States Attorney Andrew Lourie Esq Deputy Chief Northern Region Office of the United States Attorney Southern District of Flor id.a February Page annexed at Tab We talce each in turn dm i ts Volunta Sexual Conduct i th stein Refuses to Disclose the Disposition of the Monies She Earned and i es About Be i ng Given a Car by Epstein Detective Recarey failed to include in the Police Report admission that on one occasion she engaged in sexual conduct wjth Epsteins girlfriend as her birthday gift to Epstein Nor does Detective Recarey include he fact that flatly refused to discuss with him the disposition of the thousands of dollars she said she was given by Epstein or that she falsely claimed not to use drugs despite her MySpace en ries that scream I cant wait to buy some weed Detect ive ecarey was aware the car had been rented not purchased and only month to month for two months While fanciful claim that she was given a car appears in the Police Rep01t it is never corrected Was Arrested for Possession of Mari uana and Dru Parnphernalia As not ed on September was arrested for possession of marijuana and drug pa aphernalia See Tab In response to this airest came fo1 ward as the Probable Cause Affidavit implies at claiming she had knowledge of sexual activity taking place at Epsteins residence and misconduct by Epstein This coming forward apperu no where in the Police Report Thus it become clea that assertions of misconduct by Epstein were motivated by a desire to avoid the repercussions of her own criminal conduct which should ave been taken in account when asses sing er credibility as a witness Steals From a i ctorias Secret Store An investigation ivate invest igators working for the defense revealed that in late was employed at a Victorias Secret store in Florida Three days after her marijuan a case was term i nated was caught by a store manager as lt ttempted to leave the store with merchandise in her pur se the security tag ill attached See I ncident Report annexed at Tab Seeing the anage claimed someone is trying to set me up Following an internal investigation which disclosed additional thefts from both the store and a customer she was fired ln a recorded interview admitted to stealing and assexted that 1er rea on for doing so was that she was not getting paid enough This information and supporting documentation MARRA RFP WPB Case Document Entered on FLSD Docket Page of LAW OFFICES OF GERALD l..EFCOURT P.G A Marie Vi ll afa na Esq Assistant United States Attorney Andrew Lourie Esq Deputy Chief Northern Region Office of the United States Attorney Southern Dist1ict of Florida February Page was presented to the PBPD but was never included i the Police Report or Probable Cause Affidavit Lies on ace About Victor i as Secret Store Termination Also uncovered by defense inve stigators is dissembling version of the Victorias Secret debacle on her MySpace webpage here nnounced that she forgot to let everyone know quit my job at V.S They said they pec ted me of causing lo sses to their company which by the way is bullshit I was by the book on EVERYTHING I got so fed up in that office that I handed the Loss Preventi lady back my keys and walked out This informa tion and supporting docwnentation was provided by the defense to the PBPD but was not i ncluded in the Police Repo1t Probable Cause Affidavit as at the Time She Alleges to Have Engaged in Sex ual Conduct with Epste i Epstein denies he ever had sex with However even if he did evidence in the form of a credit card receipt was presented to the PBPD and the State Attorneu 243ffice which confirms that any such encormter occurred at a time when a already years of age h1deed it is our understand i ng that it was this info mation combined with a theft report of her employer that high her lack of credibility that led the State Attorney to conclude that 1t vas neither credible nor a proper complainant This information though known to the PBPD was omitted from the Police Report or the Probable Cause Affidavit ies on her Victori a Secret Job A icat i on Ad 1tJ.on ormation on Halls MySpace webpage casts further doubt on her credibility For example she bo as ts to having engaged in a fraudulent scheme to ge i red by Victoria Secre explaining Oh i was so funny I used my boyfriend as one of my references for my Victorias Secret job and the lady called me back and to me that William Tucker gave me such an outstanding reference that she did not need to ca ll anyone else back he got me the job Just like that I lied and said he was the old stock manager at Holis te she bought it This infonnation and A copy is annexed at Tab CV MARRA RF WPB Case Document Entered on FLSD Docket Page of LAW OFr!CES OF GERun LEFcoURT P.C A Marie Villafana Esq Assistant United States Attorney Andrew Lourie Esq Deputy Chie Northern Region Office of the Uni ed ates Attorney Southern District of Flolida February Page supporting documentation was provided by the defense to the PBPD but was not included in the Police Report or Probable Cause Affi avit oasts About Her Mar i uana Use Also her MySpace webpage can be found dmiss i ons of purchasing and using marijuana and marijuana paraphernalia Specifically lt tates she cant wait to buy some weed I cant wait Hold on let me say that again I can wait to buy some weed I also want to get a vaporizer so I can smoke in my room because apparently there are narcs everywhere lso posted a photograph of a marijuana cigarette and labeled it what heaven looks like to me This information and supporting documentation was provided by the defense to the PBPD was not included in the Police Report or Probable CauseA al hough there is both a fleeting reference in the Police Report to se of a with her boyfriend at and in the Probable Cause Affidavit to ari uana arrest at Lies Alleging Defense Investigators Impersonated Police Officers Dur i ng the course of the investigation the defense was notified that an unidentified witness aimed that defense investigators had impersonated police officers in an effort to get her atement The defense subsequently concluded that these accusations were made YI A reference to this accusation was included in the Police Report at and the Probable Cause Affidavit Defense counsel immediately questioned the investigators and learned the accusation was baseless the investigators a business card clearly identifying them as private investigators initially declined speak to he investiga ors because she said she does not speak to cops to which the investigators responded they were not cops Despite havi this information from defense counsel the PBPD failed to include it in the Police Rep01t or Probable Cause Affidavit instead citing only claims While the Police Rep01t and Probable Cause Affidavit contain numerous assertions intended to negate dmission she told Epstein she was omitted from these documents 1s reference to ySpace webpage where she affirmati ve ly represented to th she was thereby con-oborating her lie to Epstein A copy of MySpace webpage is annexed at Tab Also omitted is any reference to her long history of run-ins CV MARRA RF WPB Case Document Entered on FLSD Docket Page of LAW OFFIC ES OF GER..AI..n LEl:rcoUR.T A Marie Villafana Esq Assistant United States Attorney Andrew Lourie Esq eputy hi ef Northern Region Office of United States Attorney Southern District of Fl orida February Page with law enforcement Among those are multiple runaway com plaints by her parents and her assignmen to a peci a high school for drug abusers MySpace Webpage States She Drinks Uses Drugs Gets into Trouble Has Beaten Someone Up Shoplifts Has Lost her Vir i Earns and Hi he and Contains Naked and Provocativ Photographs The firs im age see on MySpace we bp age the phot chose to represent her is that a nake woman ovocatively lying on the beach The illuminating webpage also contain asse rtions that of all her body parts she oves her ass she drinks to excess uses drugs gets into trouble has beaten someone up has shop li fted lots alrea dy ost her virginity and earns and higher As with the other impeaching informat i this material vita to determi ni ng credibility was provid ed by the defense to he PBPD but was never inc lud ed in the Police eport or Probable Cause Affidavi Police Contacts Drug Alcohol Running Away From Home has a history of running away/turning up miss in from her parents various homes of using drugs and alcoho and of associating with unsavory individuals Fo example a Palm Beach County Sheriffs Office Report annexed at Tab details how only two days after she eturned to Florida to ive with her father on March police were called to the home in response to her fa th ers repo1t that she and her twin sis ter were missing The Police eport escr i bes her as wider the influence of a narcotic as she could ba stand up her eyes were bloodshot and er pupils were dil ut sic It further documents th at nd her sis ter had stayed out all nigl and were eturned home by a drng dealer This event coi ncided with aving bee found at a 2f ate loca tion by Geo gia police in response to a call about isa pp earance Although th i information material to determining edibility was provided by he defense and known the PBPD it was never included in the Police Report or Probable Cause Affi da i Dani While the Police Report an Probable Cause Affidavi on statements ot Dame father omitted is Dan i el federal bank fraud conviction annexed at Tab whic defense CV-MARRA RFP WPB Case Document Entered on FLSD Docket Page of I.AW OFrlCE OF GERALD LRFOOURT P.C A Marie Villafana Esq A ss istant nited State Attorney Andrew Lourie Esq Deputy Chie Northern Region Office of the United States Attorney Southern Di strict of Florida ebmary I Page investigators discovere and turned over to the PBPD during the course of the investigation erved months in federal prison for his offense hile the Police eport and Probable Cause Affidavit rely on statements of tep-mother omi tt ed is tatc convic ti on for i dent ity fraud annexed at Tab hi informat i on uncovered by defense investiga ors was also turned over to the PBPD during th course of the investigation IV The Facts of This Case Militate Against Bringing a Federal Prosecution A Declining To Prosecute as an Exercise of Discretion Epstein is being prosecuted by state aut horitie in Florida ven if we assume arguendo that Epsteins conduct constitutes a federal crime that can be proven nevertheless no su tantial Fede ral interest wou ld be served by pro ecuting him On this question the nited States Attorneys Manual USAM it elf gives specific i dance Sect i on prov i es In determ i ning whether prosecution shou ld be declined because no ubstan tial Federal interes would be served by prosecut i on the attorne fo the gove rnment should weigh all relevant considerations including Fed eral law enforcement priorit ie the nature and serious ess of the offense the deterrent effect prosecution the pe son ulpability in connection with the offense the persons history with respe ct to criminal activity the person willingness to coopera te in the investigation or prosecution of other and the probable sentence or other consequences if the person i co nvicted Each of the se facto rs mili ates against Pl.OSecution As indicated federal law enforcement priorities focus on particular phenomen in volving the sexual abuse of mino rs the use of the Each oflhese factors i discussed in great detail in USAM RFP WPB RFP WPB Case Document Entered on FLSD Docket Page of L.AW OFFICES OF GERALD LEFcoURT P.G A Marie Villafana Esq Assistant United States Attorney Andrew Lourie Esq Deputy Chief Northern Region Office of the United States Attorney Southern Distr ct of Florida February Page internet to lure minors to engage in prohibited sexua activity child pornography or trafficking The conduct in which Epstein is alleged to have engaged fits nowhere in these categories Given i ts essentially sui generis character its prosecution would have little or no general deterrent effect If prosecuted under statutes designed to address far more serious conduct and far more dangerous offenders he would be subject to punishment that is grossly disproportionate to his alleged behavior Even though society has a legitimate interest in preventing and punishing sexua exploitation of minors under our federal system that i nterest is one that is shared between the federal government and the states and one in which there is a division of responsibility Unde our system of federalism the states and only the states act where the concern is ocal and the federal government on where there is a federal interest at stake This is just as true with respect to sexual activity involving minors as it is with respect to murder which can be prosecuted federally only in special circumstances where there is a genuine federal interest to be served Most importantly there is no identifiable federal interest to be serv by prosecuting the conduct at issue in this case The federal interest lies in addressing the problem of internet predators a problem of un i que federal interest As the Director of the Office for Victims of Crime of the DOJ has stated the nature of Internet crimes presents complex new challenges for law enforcement agencies and victim service providers with regard to investigating crimes collecting evidence identifying and apprehending offenders and assisting child victims and their families U.S.D O.J Office of Justice Progran1s OVC Bulletin Internet Crimes Against Children December Federal lawmake recognized that while the internet presents wonderful opportunities for young people at the same time criminals are also using modern technology to prey on innocent victims Id That should be sufficient to end the matter as Eps eins case has nothing whatever to do with internet predation or the type of predators to which the legislation is addressed After all it i a first princip that the Constitution creates a federal government of enumerated powers See United States Lopez U.S Just as the separation and independence of the coordinate branches of the Federal Government serve to prevent the accumulation of excess i ve power in any one branch a healthy balance of power between the States and the Federal Government will reduce the risk of tyranny and abuse from either front quoting Gregory Ashcroft U.S Thus Congres power to legislate in this area is constrained by the Commerce Clause As Lopez demonstrates the RFP WPB Case Document Entered on FLSD Docket Page of LAW OF"F"ICES OF GERALD LEFcoURT P.G A Marie Villafana Esq Ass i stant United States Attorney Andrew Lourie Esq Deputy Chief Northern Region Office of the United States Attorney Southern District of Florida February Page Clause imposes real limitations on Co gres power to criminalize essentially ocal behavior See United States Morrison US Violence Against Women Act exceeded Congressional power under the Commerce Clause or of the omteenth Amendment Lopez of course recognizes Congres power to regulate the use of the channels of interstate commerce and to keep the channels of interstate commerce free from immoral and injurious uses Lopez at But this confirms that the legitimate federal interest is in the misuse of instrumentalities or channels of interstate commerce This suggests that in defining and weighing the federa interest the focus should be on the use of interstate travel and not upon the sexual conduct itself Clearly Epsteins interstate travel can be of no legitimate or significant federal interest He spent a great deal of his time in Florida because he has owned a home there for seventeen years and has many professional socia and personal interests centered there none of which has anything to do with sexual conduct Given the attenuated relationship between sexual conduct with any person under and interstate travel the federal interest in this matter is negligible The conduct at i sue is not an examp of a widespread or growing phenomenon that in general crosses state or international lines like internet sexual predators or sex tourism that is difficult to police or prosecute and that the United States has a special interest in eliminating I does not involve the special targeting of children It does not involve organized prostitution sex trafficking or organized crime It does not involve violenc or the threat of violence nor physical harm or threat of harm It does not involve child pornography Indeed the circumstances of this case are so idiosyncratic that its pursuit would not significantly advance the protection of minors Instead the conduct at issue here is precisely the conduct that is primary interest the state And it is the state that has the authority and the right to establish and rely on reasonable criteria for deciding which cases to bring and which to forego To the extent that the federal statutes in this area are broadly drafted this is to confer on the authorities sufficient leeway to exercise their discretion and get he bad guys who do exploit minors often on a massive scale or for financial rewards The very breadth of the statutory language places on federal prosecutors the weighty responsibility of insuring that their discretion is exercised thoughtfully Certainly the fact that conduct arguably falls within the broad scope of a broadly worded federal criminal statute cannot itself estab ish that a substantial federal interest is at stake Nor does the statutory breadth i 265ean that prosecutors should strive to test the statutes outer boundaries This is paicularly true here where private conduct is at issue where the RFP WPB Case Document Entered on FLSD Docket Page of LAW OFFICES OF GERALD 1.EFCOURT P.G A Marie Villafana Esq Assistant United States Attorney Andrew Lourie Esq Deputy Chief Northern Region Office of the United States Attorney Southern District of Florida February Page federal statutes broadly read would criminalize sexual conduct that state aw may permit and where the question of whether federal legislation in this area exceeds Commerce Clause authority in light of United States Lopez s_upra remains unresolved by the Supreme CoUit It is well to remember that hard cases malce bad aw for the government as well as for its citizens Indeed if the use of a handgun that trayeled in interstate commerce does not allow a federal prosecution by invocation of the Commerce Clause as the Supreme Court ruled in Lopez then surely purely local sexua activity would not either Petite Policy In addition to the factors discussed above the Petite Policy regarding dual and successive prosecutions a limitation on prosecutorial authority may also stand as a bar to federal prosecution If it is arguable whether the policy applies the policy itself may require hat Ju stice Department authorization to proceed be obtained The Policy which takes its name from Petite United States U.S is set fmth in the USAM at The Petite Policy establishes guidelines for the exercise of discretion by appropriate officers of the Department of Justice in determining whether to bring a federal prosecution based on substantially the same act or transactions involved in a prior state or federal proceeding The purpose of the po icy is to vindicate substantial federal interests through appropriate federal prosecutions to protect persons charged with criminal conduct from the burdens associated with multiple prosecutions and punishments for substantially the same acts or transactions to promote efficient utilization of,D partment resou rces and to promote coordination and cooperation between federal and state prosecutors USAM A Though the Policy does not create any substantive or procedural rights enforceable by law see e.g United States Snell F.2d th Cir it nevertheless provid es a valid basis for arguing against the institution of charges in this matter The crux of the Policy is this Thi policy precludes the initiation or continuation of a federal prosecution following a prior state or federal prosecution based on substantially the same act or transaction unless three substantive prerequisites are satisfied first the matter must RFP WPB Case Document Entered on FLSD Docket Page of LAW OFFICES OF GERALD LEFGOl.JRT P.G A Marie Villafana Esq Assistant United States Attorney Andrew Lourie Esq Deputy Chief Northern Region Office of the United States Attorney Southern District of Florida February Page involve a substantial federal interest second the prior prosecution must have left that interest demonstrably unvindicated and third applying the same test that is applicable to all federal prosecutions the government must believe that the defendants conduct constitutes a federal offense and that the admissible evidence probably will be sufficient to obtain and sustain a conviction by an unbiased trier of fact In addition there is a procedural prerequisite to be satisfied that is the prosecution must be approved by the appropriate Assistant Attorney General Satisfaction of the three substantive prerequisites does not mean that a proposed prosecution must be approved or brought The traditional elements of federal prosecutorial discretion continue to apply Whether the matter involves a substantial federal interest is a determination to be made on a case-by-case basis applying the considerations applicable to all federal prosecutions The second prerequisite is that the prior prosecution must have left that substantial federal interest demonstrably unvindicated In general the Department will presume that a prior prosecution regardless of result has vindicated the relevant federal interest USAM The presumption may be overcome when the prior prosecution resulted in a conviction if the prior sentence was manifestly inadequate in light of the federal interest involved or if the choice of charges in the prior prosecution was affected by certain inappropriate or irrelevant factor such as incompetence conuption intimidation or undue influence No such factors operated re The negotiations between the State Attorney were conducted at arms length and at times in an atmosphere of mutual hostility At no point was Epstein granted any sort of break in his case due to his wealth his political affiliations or the prominence of his lawyers If anything those factors worked against him The state prosecutors devoted enormous resources to a lengthy investigation refused to reveal the nature of the charges All three substantive pre-requisites for approval of a prosecution governed by the Petite Policy are discussed in greater detail in USAM Case Document Entered on FLSD Docket Page of I.AW OFFICES OF GERALD LEFCOURT P.G A Mar i Villafana Es Assistant United States Attorney Andrew Lourie Esq Deputy Chief Northern Region Office of he United States Attorney Southern District of Florida February Page they were considering refused to speak with Epsteins attorney of choice and tried to strong-arm Epstein to plead guilty to a violent felony by threatening to place witnesses whom the State knew were no credible on the stand before a grand jury In determi he ok into account the fact that both of the principal victims have serious credibility problems including damaging histories of lies illegal drug use and crime The State Attorney quite appropriate took in to account the substantial possibility that with witnesses of thei ilk it might not be able to make any case against Epstein at all In fact according to Barry Krischer the State Attorney for Palm Beach County his reason to take the case the grand jury rathe than proceed by infonnation was to dcte1mine whether his witnesses wou testify under oath even without being subjected to cross-examina ion Telling though subpoenaed to testify at the grand jury Ms ailed even to appear The charging decision was not an act of favoritism but a rather harsh exercise of the State Attorneys di sc tion The State Attorney had never before prosecuted a case involving erotic touching unless the victim was exceedingly young vulnerable or in a trust rel at ion hip with the perpetrntor Cases brought by the State Attorney previously involved far more egregious conduct including the videot ping of sexual activity multiple rape and keeping minors as sex slaves including tattooing them to ind i cate ownership and control over them Any suggestion that Epstein ecei ed preferential treatment or that the State prosecutors were corrupt would be utterly without merit For all of these reasons we submit that no pro sec ution can or sho uld be brought against Jeffrey Epstein We would like to reserve the opportunity to make a further submission in which we address more specifically the applicable law once we have had the benefit of narrowing the focus at our meeting cc Roy Black Esq Lilly Ann Sanchez Esq CV MARRA RF WPB
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