Memorandum seeking Travel Authorization

Memorandum Subject Memorandum seeking Travel Authorization Operation Leap Year Dote June 20, 2008 TO Rolando Garcia, Deputy Chief Criminal Division Karen Atkinson, Chic Northern Division From A. Marie Villaf Assistant U.S. A I. INTRODUCTION This memorandum seeks travel authorization to travel to New York from June 19 to June 20, 2008, in connection with Operation Leap Year. II. THE PROPOSED TRAVEL AND ITS PURPOSE As you know, we plan to present a final indictment to the grand jury in approximately two weeks. Since our original planned indictment, we have learned about a series of victims in New York and the ssible involvement of Epstein's two New York-based assistants, and The inclusion of New York victims would be a great benefit to the indictment, and we would like to interview some key people in New York in order to include that evidence in the indictment. Accordingly, I propose to travel to New York on the afternoon of Thursday, June 19 to conduct interviews on Friday, June 20, 2008.' FBI Special Agents Nesbitt Kuyrkendall and Jason Richards also will be traveling, although they may stay longer. First, we would like to interview She has been identified by two victims as someone who recruited numerous others to Epstein's New York residence. We know that Lacerda was going to Epstein's home when she was 14, and it is possible that she was going there as early as 13. This trip is contingent upon approval from the Justice Department of our immunity request for Lacerda. Yesterday I spoke with someone at the Witness Immunity Unit who stated that we 'I may decide to stay in New York on Friday night in order to see a college friend. If I do, I will pay for the hotel room on Friday night and any difference in the airfares. EXHIBIT B-132 Case No. 08-80736-CV-MARRA P-008379 EFTA00225378 should have the approval by early next week.' In addition, a witness here in the Palm Beach area came forward recently to inform the FBI about a link between Epstein and the MC Modeling Agency. The witness stated that Epstein and the head of MC2, Jean Luc Brunel, worked together to obtain fraudulent visas to bring potential models to the United States. The witness stated that Epstein selected some of the underage girls to come to the United States even though Brunel never intended to use them as models so that Epstein could engage in sexual activity with them. Brunel's name appears on several of the message pads recovered during the search of Epstein's home. Some of the messages describe young girls that he would like Epstein to meet (including a I6-year-old who would "teach Russian" to Epstein). The FBI previously tried to interview Brunel, but he refused to speak with them. The Palm Beach witness has told the FBI that a former MC2 employee is willing to speak with the FBI about the fraud. Yesterday, the FBI in New York arrested two Bear Steams employees for securities fraud related to Bear Steams hedge funds involved in the subprime loan crisis. Epstein has been reported as one of the creators of those hedge funds in financial news sources. The agents here are contacting the New York agents to determine if Epstein is a target/subject of the New York investigation and also to find out whether the two employees are cooperating and would be willing to speak with us. For the foregoing reasons, I recommend that the Office approve the costs of a hotel room and a flight for my travel to New York. '-Travel plans will not be made until the immunity is confirmed. -2- Case No. 08-80736-CV-MARRA P-008380 EFTA00225379 ‘A0/10 (Ho 04/07)Suboxra Co Testify Before Grand Any UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA TO: SUBPOENA TO TESTIFY BEFORE GRAND JURY 01.1031MPB1-Tues. No. OLY-05/2 SUBPOENA FOR: e PERSON I DOCUMENT(S) OR OBJECTS) YOU ARE HEREBY COMMANDED to appear and terrify before the Grand Jury of the United States District Court at the place, date, and lime specified below, PLACE United States District Court 701 Clematis Street West Palm Beach. Florida 33401 COURTROOM Grand Jury Room DATE AND TIME 71112008 10:30 am YOU ARE ALSO COMMANDED to bring with you the following document(s) or object(s):* ALL DOCUMENTS AND INFORMATION REFERENCED IN THE ATTACHMENT TO THIS SUBPOENA. U Please see additional information on rei • This subpoena shall remain in elf behalf of the court. This subpoena is issued on application or the of A • Ilea applicable. eat 'none" In by the cowl or by an officer acting on NAME ADDRESS AND PHONE NUMBER OF ASSISTANT U S ATTORNEY AnnMarie C. Villaf aria , Assistant U.S. Attorney 500 South Australian Avenue, Suite 400 West Palm Beach, Florida 33401-6235 Tel (561) 820.8711, ext 3047 Case No. 08-80736-CV-MARRA P-008381 EFTA00225380 ATTACHMENT TO GRAND JURY SLBPOENA OLY-85/I ADDRESSED TO PLEASE BRINGTHE. FOLLOWING DOCUM ENTS, FILMS, AND INFORMATION WITH YOU TO YOUR GRAND JURY APPEARANCE: 1. Any and all notes, letters, cards, ifts, a ments, hoto ra hs, or other items that u "'received from Jeffrey Epstein, Lesley Groff, Ghislaine Maxwell. and/or any other employee or associate o Je rey Epstein. 2. An and all hot a hs, whether printed or di ital, ofJeffrey Epstein, . Cecilia Steen, Ghislaine Maxwell, and/or any other employee or associate o Jeffrey Epstein. 3. Any and all e-mails, instant messages, chats, text messages, voiccmails or tele hone 10111treceived from Jeffrey Epstein. . Lesley Groff, Ghislaine Maxwe a or any of r employee or associate o Je rey Epstein. 4. A list of all telephone numbers (cellular and "land line"), c-mail addresses, screen names, addresses, and any other contact information that you have for the following persons during the period of January I, 2003 to the present: a. yourself; b. Jeffrey Epstein; c. d. e. f. g. h. Ghislaine Maxwell; i. any person(s) who introduced you to Jeffrey Epstein and/or Ghislaine Maxwell; any person(s) whom you introduced to Jeffrey Epstein and/or Ghislaine Maxwell; k. any person(s) who communicated with you to arrange appointments to meet with Jeffrey Epstein and/or Ghislaine Maxwell. 5. Any billing statements for telephone service (cellular and "land line") for any telephone you used during the period of January I, 2003 to the present. Case No. 08-80736-CV-MARRA P-008382 EFTA00225381 Villafana, Ann Marie C. (USAFLS) From: Fernandez, Aida I. (USAFLS) <[email protected]> Sent: Monday, June 23, 2008 9:23 AM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Grand Jury on 6/26 and 7/1 Ok - got it - thx From: Villafana, Ann Marie C. (USAFLS) Sent: Monday, June 23, 2008 9:19 AM To: Fernandez, Aida I. (USAFLS) Subject: RE: Grand Jury on 6/26 and 7/1 Hi Aida. Thank you for asking. We will be presenting the witness testimony after the indictment. (I would like to do the indictment in the morning and the witness in the afternoon, if possible.) A. Marie Villafaiia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Fernandez, Alda I. (USAFLS) Sent: Monday, June 23, 2008 9:18 AM To: Villafana, Ann Marie C. (USAFLS) Cc: Ball, Shawn (USAFLS) Subject: RE: Grand Jury on 6/26 and 7/1 I assume you will be presenting your witness testimony first? Pls advise so that I know the order in which to present them next week. Pls advise. Thx. From: Villafana, Ann Marie C. (USAFLS) Sent: Monday, June 23, 2008 9:09 AM To: Fernandez, Aida I. (USAFLS) Cc: Ball, Shawn (USAFLS) Subject: Grand Jury on 6/26 and 7/1 EXHIBIT B-133 08-80736-CV-MARRA P-014979 6 EFTA00225382 Hi Aida — I think you already have this, but, if not: Can you put me down for a half-hour on Thursday, 6/26, in the morning, for an indictmen- And, on 7/1 can I have 2 hours in the morning for an indictment on Operation Leap Year. Witness will be Nesbitt Kuyrkendall, FBI. It will be sealed. Also on 7/1, I will need 2 hours for witness testimony on Operation Leap Year. Witness will be Thank you! A. Marie Villafafia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 08-80736-CV-MARRA P-014980 7 EFTA00225383 Villafana, Ann Marie C. (USAFLS) From: Senior, Robert (USAFLS) Sent: Monday, June 23, 2008 1.11 To: Villafana, Ann Marie C. (USAFLS); Kuyrkendall, E N. (MM) (FBI); Richards, Jason R. (MM) (FBI) Cc: Atkinson, Karen (USAFLS) Subject: RE: Trip to New York, etc. Ok. Marie, hoping to hear from DAG's office today giving the green light. Let's talk when that decision is made. From: Villafana, Ann Marie C. (USAFLS) Sent: Monday, June 23, 2008 9:15 AM To: Kuyrkendall, E N. (FBI); Richards, Jason R. (FBI) Cc: Atkinson, Karen (USAFLS); Senior, Robert (USAFLS) Subject: Trip to New York, etc. We will not be interviewing in New York. Her attorney gave a copy of the grand jury subpoena to Epstein's lawyers. They, in turn, promptly sent it on to Washington complaining, yet again, about me. So, I do not want to do an interview with him present, and we will have to put her in the grand jury. Given that, let's take the New York section out of the indictment so we can present the indictment Tuesday morning. Then we can do interview in the afternoon with plans to supersede. It probably makes sense to wait on the rest of the interviews until we hear whadMI has to say, so let's plan to do the New York trip in a few weeks. Bob — I will revise everything accordingly and send it down to you. We have another girl from Florida, so I will replace our New York Jane Doe with her. A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 08-80736-CV-MARRA P-014981 78 EFTA00225384 Villafana, Ann Marie C. (USAFLS) From: Brendan White <[email protected]> Sent: Thursday, June 26, 2008 10:38 AM To: Villafana, Ann Marie C. (USAFLS) Subject: Re: Grand Jury Appearance Dear Ms. Villafana: I understand that there has been a recent development with respect to Mr. Epstein in that he intends to plead guilty in Florida state court on Monday pursuant to a deferred prosecution agreement with your office that has already been executed. Since this would seem to obviate any need for Ms. Lacerda to testify, please let me know what is going on with respect to this Tuesday. Do we still need to come down there and, if so, will she receive court-ordered immunity? Thanks. Brendan White --- Original Message -- From: Vilfacana. Ahn Marie C. (USAFLS) To: Brendan White Sent: Monday, June 23, 2008 2:09 PM Subject: RE: Grand Jury Appearance Dear Mr. White: Please feel free to make your own travel arrangements, but if you would like Ms. Lacerda's travel costs to be reimbursed, they must be made through the government's approved agency on the approved carriers. Regarding the immunity, at this point, without a written proffer from you regarding the substance of her anticipated testimony, I believe that the more prudent course will be to question Ms. Lacerda to determine the limits of her Fifth Amendment exposure and, if necessary, to apply to the Court at that time. If you provide me with a written proffer that summarizes her anticipated testimony and explains how she will be exposed to criminal liability, then I can make the motion ahead of time. Your written statement would be treated as an attorney statement made in the course of confidential plea discussions and related negotiations, and would be governed by Fed. R. Crim. P. 11(0 and Fed. R. Evid. 410. A. Marie Wolin Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 3340] Phone 561 209-1047 Fax 561 820-8777 From: Brendan White [mailto:[email protected]] Sent: Monday, June 23, 2008 1:45 PM To: Villafana, Ann Marie C. (USAFLS) Cc Ball, Shawn (USAFLS) Subject: Re: Grand Jury Appearance We will be there, and I will make the travel arrangements. I am assuming that this will be done in connection with an order of immunity. Please let me know if that is correct so I can advise Ms. Lacerda. Thanks. Brendan White 08-80736-CV-MARRA 99 P-014991 EXHIBIT B-I34 EFTA00225385 — Original Message --- From: Villafana. Arm Marie C. (USAFLS1 To: Brendan White Cc: Ball Shawn (USARSI Sent: Monday, June 23, 2008 11:27 AM Subject: Grand Jury Appearance Dear Mr. White: Ms. Lacerda will need to appear before the grand jury on July 1m to give testimony. Please contact my assistant, Shawn Ball, at 561 820-8711, ext. 3037, to make travel arrangements. I expect that Ms. Lacerda's testimony will begin either in the late morning or early afternoon, but she should be available for the whole day. Thank you. A. Marie Villafaiia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 08-80736-CV-MARRA P-014992 l's EFTA00225386 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) <[email protected]> Sent: Thursday, June 26, 2008 10:55 AM To: Brendan White Subject: RE: Grand Jury Appearance Dear Mr. White: If Mr. Epstein enters a guilty plea in accordance with that agreement on Monday, then the subpoena will be withdrawn. At this point, I have not received confirmation that the change of plea is going to occur, nor have I received information confirming that the plea will be in conformance with our agreement. As such, at this time, 1 still intend to present Ms. Lacerda's testimony to the grand jury on Tuesday. With respect to the immunity question, I refer you to my e-mail of June 2314, which is shown below. If the situation changes, I will contact you. Thank you. A. Marie Villafaiia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Brendan White [mailto:[email protected]] Sent: Thursday, June 26, 2008 10:38 AM To: Villafana, Ann Marie C. (USAFLS) Subject: Re: Grand Jury Appearance Dear Ms. Villafana: I understand that there has been a recent development with respect to Mr. Epstein in that he intends to plead guilty in Florida state court on Monday pursuant to a deferred prosecution agreement with your office that has already been executed. Since this would seem to obviate any need for Ms. Lacerda to testify, please let me know what is going on with respect to this Tuesday. Do we still need to come down there and, if so, will she receive court-ordered immunity? Thanks. Brendan White --- Original Message --- From: Villafana. AM Marie C. (USAFLS). To: Brendan White Sent: Monday, June 23, 2008 2:09 PM Subject: RE: Grand Jury Appearance Dear Mr. White: Please feel free to make your own travel arrangements, but if you would like Ms. Lacerda's travel costs to be reimbursed, they must be made through the government's approved agency on the approved carriers. 08-80736-CV-MARRA 101 P-014993 EFTA00225387 Regarding the immunity, at this point, without a written proffer from you regarding the substance of her anticipated testimony, I believe that the more prudent course will be to question Ms. Lacerda to determine the limits of her Fifth Amendment exposure and, if necessary, to apply to the Court at that time. If you provide me with a written proffer that summarizes her anticipated testimony and explains how she will be exposed to criminal liability, then f can make the motion ahead of time. Your written statement would be treated as an attorney statement made in the course of confidential plea discussions and related negotiations, and would be governed by Fed. R. Crim. P. 11(0 and Fed. R. Evid. 410. A. Marie Villafalla Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Brendan White [rnailto:[email protected]] Sent: Monday, June 23, 2008 1:45 PM To: Villafana, Ann Made C. (USAFIS) Cc: Ball, Shawn (USAFLS) Subject: Re: Grand Jury Appearance We will be there, and I will make the travel arrangements. I am assuming that this will be done in connection with an order of immunity. Please let me know if that is correct so I can advise Ms. Lacerda. Thanks. Brendan White Original Message -- From: Villifena. Ann Mane C. (USAFLS) To: Brendan White Cc: Ball, Shawn (USAFLS) Sent: Monday, June 23, 2008 11:27 AM Subject: Grand Jury Appearance Dear Mr. White: N t Ms. Lacerda will need to appear before the grand jury on July In to give testimony. Please contact my assistant, Shawn Ball, at 561 820-8711, ext. 3037, to make travel arrangements. I expect that Ms. Lacerda's testimony will begin either in the late morning or early afternoon, but she should be available for the whole day. Thank you. A. Marie Villafafia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 08-80736-CV-MARRA P-014994 102 EFTA00225388 I I Fax 561 820-8777 08-80736-CV-MARRA P-014995 103 EFTA00225389 Villafana, Ann Marie C. (USAFLS) From: Brendan White <[email protected]> Sent: Thursday, June 26, 2008 11:26 AM To: Villafana, Ann Marie C. (USAFLS) Subject: Re: Grand Jury Appearance Thanks. ---- Original Message --- From: Villafana. Anny.Matie C. (USAFLS) To: Brendan White Sent: Thursday, June 26, 2008 10:55 AM Subject: RE: Grand Jury Appearance Dear Mr. White: • If Mr. Epstein enters a guilty plea in accordance with that agreement on Monday, then the subpoena will be withdrawn. At this point, 1 have not received confirmation that the change of plea is going to occur, nor have I received information confirming that the plea will be in conformance with our agreement. As such, at this time, I still intend to present Ms. Lacerda's testimony to the grand jury on Tuesday. With respect to the immunity question, I refer you to my e-mail of June 23rd, which is shown below. If the situation changes, I will contact you. Thank you. A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Brendan White [mailto:[email protected]] Sent: Thursday, June 26, 2008 10:38 AM To: Villafana, Ann Marie C. (USAFLS) Subject: Re: Grand Jury Appearance Dear Ms. Villafana: I understand that there has been a recent development with respect to Mr. Epstein in that he intends to plead guilty in Florida state court on Monday pursuant to a deferred prosecution agreement with your office that has already been executed. Since this would seem to obviate any need for Ms. Lacerda to testify, please let me know what is going on with respect to this Tuesday. Do we still need to come down there and, if so, will she receive court-ordered immunity? Thanks. Brendan White -- Original Message -- From: Villafana, Ann Marie C. (USAFLS1 To: Brendan White Sent: Monday, June 23, 2008 2:09 PM Subject: RE: Grand Jury Appearance 08-80736-CV-MARRA P-014996 104 EFTA00225390 Dear Mr. White: Please feel free to make your own travel arrangements, but if you would like Ms. Lacerda's travel costs to be reimbursed, they must be made through the government's approved agency on the approved carriers. Regarding the immunity, at this point, without a written proffer from you regarding the substance of her anticipated testimony, I believe that the more prudent course will be to question Ms. Lacerda to determine the limits of her Fifth Amendment exposure and, if necessary, to apply to the Court at that time. If you provide me with a written proffer that summarizes her anticipated testimony and explains how she will be exposed to criminal liability, then I can make the motion ahead of time. Your written statement would be treated as an attorney statement made in the course of confidential plea discussions and related negotiations, and would be governed by Fed. R. Crim. P. 11(1) and Fed. R. Evid. 410. A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Brendan White [mallto:[email protected]) Sent: Monday, June 23, 2008 1:45 PM To: VIllafana, Ann Marie C. (USAFLS) Cc: Ball, Shawn (USAFLS) Subject: Re: Grand Jury Appearance We will be there, and I will make the travel arrangements. I am assuming that this will be done in connection with an order of immunity. Please let me know if that is correct so I can advise Ms. Lacerda. Thanks. Brendan White — Original Message --- Villarana, Ann Marie C. (USAFLS) To: Brendan White Cc: Ball. Shawn (USAFLS) Sent: Monday, June 23, 2008 11:27 AM Subject: Grand Jury Appearance Dear Mr. White: A*. Ms. Lacerda will need to appear before the grand jury on July 1St to give testimony. Please contact my assistant, Shawn Ball, at 561 820-8711, ext. 3037, to make travel arrangements. I expect that Ms. Lacerda's testimony will begin either in the late morning or early afternoon, but she should be available for the whole day. Thank you. A. Marie Villafafla Assistant U.S. Attorney 08-80736-CV-MARRA P-014997 10$ EFTA00225391 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 08-80736-CV-MARRA P-014998 106 EFTA00225392 Villafana, Ann Marie C. (USAFLS) From: Brendan White <[email protected]> Sent: Thursday, June 26, 2008 3:00 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Re: Grand Jury Appearance I've learned from Mr. Epstein's attorney that the plea is scheduled to take place on Monday morning. In understand, of course, that you need confirmation of this before withdrawing the subpoena, but it might make logistical sense to consider putting the contingent appearance off for another week at this point, to avoid our having to make an unnecessary trip to Florida. Although I am confident that things will proceed as scheduled, should there be a problem, we would then be able to appear at a later date. Brendan White Original Message --- FrcimiVillafand : ArineMorie,C. tUSAR.S1.4 .. To: Brendan White Sent: Thursday, June 26, 2008 10:55 AM Subject: RE: Grand Jury Appearance Dear Mr. White: If Mr. Epstein enters a guilty plea in accordance with that agreement on Monday, then the subpoena will be withdrawn. At this point, I have not received confirmation that the change of plea is going to occur, nor have I received information confirming that the plea will be in conformance with our agreement. As such, at this time, 1 still intend to present Ms. Lacerda's testimony to the grand jury on Tuesday. With respect to the immunity question, I refer you to my e-mail of June 23Id, which is shown below. If the situation changes, I will contact you. Thank you. A. Marie Villafafla Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Brendan White (mallto:[email protected]) Sent: Thursday, June 26, 2008 10:38 AM To: Villafana, Ann Marie C. (USAFLS) Subject: Re: Grand Jury Appearance Dear Ms. Villafana: I understand that there has been a recent development with respect to Mr. Epstein in that he intends to plead guilty in Florida state court on Monday pursuant to a deferred prosecution agreement with your office that has already been executed. Since this would seem to obviate any need for Ms. Lacerda to testify, please let me know what is going on with respect to this Tuesday. Do we still need to come down there and, if so, will she receive court-ordered immunity? Thanks. 08-80736-CV-MARRA 109 P-014999 EFTA00225393 Brendan White -- Original Message -- ;From: Villafana, Ann Marie.C. fUSAFLSI To: prendan White Sent: Monday, June 23, 2008 2:09 PM Subject: RE: Grand Jury Appearance Dear Mr. White: Please feel free to make your own travel arrangements, but if you would like Ms. Lacerda's travel costs to be reimbursed, they must be made through the government's approved agency on the approved carriers. Regarding the immunity, at this point, without a written proffer from you regarding the substance of her anticipated testimony, I believe that the more prudent course will be to question Ms. Lacerda to determine the limits of her Fifth Amendment exposure and, if necessary, to apply to the Court at that time. If you provide me with a written proffer that summarizes her anticipated testimony and explains how she will be exposed to criminal liability, then 1 can make the motion ahead of time. Your written statement would be treated as an attorney statement made in the course of confidential plea discussions and related negotiations, and would be governed by Fed. R. Crim. P. 11(0 and Fed. R. Evid. 410. A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Brendan White imallto:brendanOwhlwhl.com] Sent: Monday, June 23, 2008 1:45 PM To: Villafana, Ann Marie C. (USAFLS) Cc: Ball, Shawn (USAFLS) Subject: Re: Grand Jury Appearance We will be there, and I will make the travel arrangements. I am assuming that this will be done in connection with an order of immunity. Please let me knoie if that is correct so I can advise Ms. Lacerda. Thanks. Brendan White -- Original Message - From: Villeanie. Ann Mile C. (USAFISI To: Brendan White Cc: Ball. Shawn fUSAFLS) Sent: Monday, June 23, 2008 11:27 AM Subject: Grand Jury Appearance Dear Mr. White: kt • Ms. Lacerda will need to appear before the grand jury on July 1st to give testimony. Please contact my assistant, Shawn Ball, at 561 820-8711, ext. 3037, to make travel arrangements. I expect that Ms. Lacerda's testimony will begin either in the late morning or early afternoon, but she should be available for the whole day. Thank you. 08-80736-CV-MARRA P-015000 110 EFTA00225394 A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 4+, 08-80736-CV-MARRA P-015001 111 EFTA00225395 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) <[email protected]> Sent: Thursday, June 26, 2008 6:41 PM To: Brendan White Subject: RE: Grand Jury Appearance Dear Mr. White: I have not received any such confirmation. At this time, we are still on for July 1m. I recommend that you make your travel plans for Monday afternoon or evening and if things change, I will call you right away. Thank you. A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Brendan White [mailto:[email protected]] Sent: Thursday, June 26, 2008 3:00 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Re: Grand Jury Appearance I've learned from Mr. Epstein's attorney that the plea is scheduled to take place on Monday morning. In understand, of course, that you need confirmation of this before withdrawing the subpoena, but it might make logistical sense to consider pulling the contingent appearance off for another week at this point, to avoid our having to make an unnecessary trip to Florida. Although I am confident that things will proceed as scheduled, should there be a problem, we would then be able to appear at a later date. Brendan White ---- Original Message ---- FrormtVillefina, Aim Marie C. (USAE.LSr:.: To: Brendan White Sent: Thursday, June 26, 200810:55 AM Subject: RE: Grand Jury Appearance Dear Mr. White: If Mr. Epstein enters a guilty plea in accordance with that agreement on Monday, then the subpoena will be withdrawn. At this point, I have not received confirmation that the change of plea is going to occur, nor have I received information confirming that the plea will be in conformance with our agreement. As such, at this time, I still intend to present Ms. Lacerda's testimony to the grand jury on Tuesday. With respect to the immunity question, I refer you to my e-mail of June 23id, which is shown below. If the situation changes, I will contact you. Thank you. 08-80736-CV-MARRA P-015002 112 EFTA00225396 A. Marie Villain& Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Brendan White [malito:[email protected]] Sent: Thursday, June 26, 2008 10:38 AM To: Vlllafana, Ann Marie C. (USAFLS) Subject: Re: Grand Jury Appearance Dear Ms. Villafana: I understand that there has been a recent development with respect to Mr. Epstein in that he intends to plead guilty in Florida state court on Monday pursuant to a deferred prosecution agreement with your office that has already been executed. Since this would seem to obviate any need for Ms. Lacerda to testify, please let me know what is going on with respect to this Tuesday. Do we still need to come down there and, if so, will she receive court-ordered immunity? Thanks. Brendan White Original Message -- Freim: Vil Ana &Wert (USAFLS) To: Brendan White Sent: Monday, June 23, 2008 2:09 PM Subject: RE: Grand Jury Appearance Dear Mr. White: Please feel free to make your own travel arrangements, but if you would like Ms. Lacerda's travel costs to be reimbursed, they must be made through the government's approved agency on the approved carriers. Regarding the immunity, at this point, without a written proffer from you regarding the substance of her anticipated testimony, I believe that the more prudent course will be to question Ms. Lacerda to determine the limits of her Fifth Amendment exposure and, if necessary, to apply to the Court at that time. If you provide me with a written proffer that summarizes her anticipated testimony and explains how she will be exposed to criminal liability, then I can make tte motion ahead of time. Your written statement would be treated as an attorney statement made in the course of confidential plea discussions and related negotiations, and would be governed by Fed. R. Crim. P. 11(0 and Fed. R. Evid. 410. A. Marie Villafafia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Brendan White (mailto:[email protected]] Sent: Monday, June 23, 2008 1:45 PM To: Villafana, Ann Marie C. (USAFLS) Cc: Ball, Shawn (USAFLS) Subject: Re: Grand Jury Appearance 08-80736-CV-MARRA P-015003 113 EFTA00225397 We will be there, and I will make the travel arrangements. I am assuming that this will be done in connection with an order of immunity. Please let me know if that is correct so I can advise Ms. Lacerda. Thanks. Brendan White ---- Original Message --- From: Villafana, Ann Marie C. (USAFLS) To: Brendan White Cc: Ball, Shawn (USAFLS) Sent: Monday, June 23, 200811:27 AM Subject: Grand Jury Appearance Dear Mr. White: Ms. Lacerda will need to appear before the grand jury on July lg to give testimony. Please contact my assistant, Shawn Ball, at 561 820-8711, ext. 3037, to make travel arrangements. 1 expect that Ms. Lacerda's testimony will begin either in the late morning or early afternoon, but she should be available for the whole day. Thank you. A. Marie Villajaiia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 08-80736-CV-MARRA P-015004 114 EFTA00225398 Villafana, Ann Marie C. (USAFLS) From: Brendan White [[email protected]) Sent: Monday. June 30. 2008 11:20 AM To: Villafana, Ann Marie C. (USAFLS) Subject: Re: Cancellation of Grand Jury Appearance Thank you for letting me know. I will inform Ms. Lacerda. Brendan -- Original Message --- From: Villafana. Ann Marie C. (USAFLS) To: Brendan White Cc: Ball. Shawn (USAFLS) Sent: Monday, June 30, 2008 10:59 AM Subject: Cancellation of Grand Jury Appearance Dear Mr. White: At this time, the subpoena of Ms. Lacerda is withdrawn. If that should change, I will contact you. A. Mark Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 EXHIBIT B-135 753 EFTA00225399 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Thursday, January 31, 2008 7:33 PM To: Sloman, Jeff (USAFLS); Acosta, Alex (USAFLS) Subject: Epstein Hi Jeff and Alex — We just finished interviewing three of the girls. I wish you could have been there to see how much this has affected them. One girl broke down sobbing so that we had to stop the interview twice within a 20 minute span. She regained her composure enough to continue a short time, but she said that she was having nightmares about Epstein coming after her and she started to break down again, so we stopped the interview. The second girl, who has a baby girl of her own, told us that she was very upset about the 18 month deal she had read about in the paper. She said that 18 months was nothing and that she had heard that the girls could get restitution, but she would rather not get any money and have Epstein spend a significant time in jail. The FBI's victim-witness coordinator attended and she has arranged for counseling for several of the girls. Please reach out to Alice to make her decision. These girls deserve so much better than they have received so far, and I hate feeling that there is nothing I can do to help them. We have four more girls coming in tomorrow. Can I persuade you to attend? A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Tracking: EXHIBIT 1779 08-80736-CV-MARRA P-014573 EFTA00225400 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Wednesday, March 19. 2008 2:30 PM To: Weinstein, David (USAFLS) Subject: RE: Epstein update Why is this allowed to continue? Al least put us out of our misery quickly if that is what is going to happen! A. Marie lillaleala Assistant 11.5. Attorney 500 S. Australian Ave. Suite 400 West Palm Beach. FL 33401 Phone 56 I 209-I 047 Fax 561 820-8777 From: Weinstein, David (USAFLS) Sent: Wednesday, March 19, 2008 2:29 PM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Epstein update Thank you for silently keeping me in the loop. Outrageous. From: Villafana, Ann Marie C. (USAFLS) Sent: Wednesday, March 19, 2008 2:16 PM To: Sloman, Jeff (USAFLS); Senior, Robert (USAFLS) Cc: Atkinson, Karen (USAFLS); Garcia, Rolando (USAFLS) Subject: Epstein update Hi Jeff and Bob — I am hoping that you have an update from Drew. I wanted to fill you in on recent events. Yesterday we did the first half of the grand jury presentation on the indictment. Many of the grand jurors expressed thanks for our return. After a break as 1 walked into the room, I overheard one juror telling another that he had been concerned that we were going to "whitewash" this case and not charge it. Epstein's lawyers arc using the civil lawsuits as an excuse to harass a number of the victims. One girl, who is a scholarship student at a local university, was hauled into the Dean of Students office to be served with a subpoena for a deposition. It is scheduled for Monday. A national crime victims service organization has received a grant from the Justice Department to provide legal representation to victims. They have agreed to provide counsel for our victims. The only problem is that the lawyers are located in Maryland. But they will try to find pro bono lawyers here to help out. I also told Bob that one of our victims tried to commit suicide last week. The FBI's victim-witness coordinator is doing her best to get counseling for all of our needy victims, but I just can't stress enough how important it is 1315 08-80736-CV-MARRA EX1 II BIT C-2 P-014781 EFTA00225401 for these girls to have a resolution in this case. The "please be patient" answer is really wearing thin, especially when Epstein's group is still on the attack while we are forced to wait on the sidelines. Your guidance is needed. Thank you. A. Marie Yillafalia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL. 33401 Phone 561 209-1047 Fax 561 820-8777 1316 08-80736-CV-MARRA P-014782 EFTA00225402 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Wednesday, March 19, 2008 4:34 PM To: Sloman, Jeff (USAFLS); Senior, Robert (USAFLS); Atkinson, Karen (USAFLS); Garcia, Rolando (USAFLS) Cc: Kuyrkendall, E N. Subject: Victim Subpoena Ili everyone — I just spoke with the subpoenaed victim. The subpoena was issued in connection with the state criminal case, which, as you know, doesn't involve most of the victims in our case (including the girl who was subpoenaed). The state attorney's office told us from the beginning that their case has been resolved. He is going to plead to the solicitation of adults for prostitution charge, so this seems to be a clear effort to find out about our case through the state case. A. Marie Villain Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Tracking: 1313 EXHIBIT C-3 08-80736-CV-MARRA P-014783 EFTA00225403 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Saturday, March 22, 2008 8:51 PM To: Sloman, Jeff (USAFLS); Senior, Robert (USAFLS) Cc: Atkinson, Karen (USAFLS); Garcia, Rolando (USAFLS) Subject: Epstein Hi all - So sorry to bother you on a Saturday, but I am hoping that I can persuade you to reach out to Drew about Epstein's investigators harassing the girls. Nesbitt received a frantic call today about Epstein's investigators bothering the parents of one of the victims. According to the victim, he demanded to see the victim and when he saw her, he told the victim that they had video of the girl and were planning to put it on the internet. We don't believe that Epstein actually has video of any of the girls, and Nesbitt has calmed the girl down, but this activity seems to be getting more aggressive. Remember also that Epstein is using the state criminal case to subpoena depositions of victims in the federal case (who are not part of the state indictment) to get information about our investigation. These actions do not seem consistent with what Epstein's attorneys are supposed to be trying to work out with Drew in DC. Any chance Drew will ask Epstein's people to call off their dogs until he makes his decision? 4. Marie Villafana Assistant U.S. Attorney 561 209-1047 Fax 561 820-8777 Tracking: 1256 08-80736-CV-MARRA P-014790 EFTA00225404 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Saturday, March 22, 2008 9:43 PM To: Kuyrkendall, E N. Subject: Message from Jeff Hi Nesbitt — I contacted Jeff and Bob about the harassment issue and Jeff also recommended calling the police. When Twiler calls on Monday can she provide the non-emergency police numbers for the local police departments where the girls are located and ask them to call the police directly if they are getting harassed? I think we should be documenting this stuff with someone other than you. Thank you. A. Marie Mal-aft Assistant U.S. Attorney 561 209-1047 Fax 561 820-8777 1248 08-80736-CV-MARRA P-014795 EFTA00225405 Villafana, Ann Marie C. (USAFLS) From: Atkinson, Karen (USAFLS) Sent: Wednesday, May 23, 2007 4:20 PM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Jeffrey Epstein Let's talk before this is sent, please. From: Villafana, Ann Marie C. (USAFLS) Sent: Wednesday, May 23, 2007 3:45 PM To: Atkinson, Karen (USAFLS) Subject: FW: Jeffrey Epstein Karen — What do you think? Hi Jeff and Mau — I just want to again voice my disagreement with promising to have a meeting or having a meeting with Lefcourt or any other of Epstein's attorneys. As I mentioned, this is not a case where we will be sitting down to negotiate whether a defendant will serve one year versus two years of probation. This is a case where the defendant is facing the possibility of dozens of years of prison time. Just as the defense will defend a case like that differently than they would handle a probation-type case, we need to handle this case differently. Part of our prosecution strategy was already disclosed at the last meeting, and I am concerned that more will be disclosed at a future meeting. My co-chair, John McMillan, who has prosecuted more of these cases than the rest of us combined and who actually worked on the drafting of some of the child exploitation statutes, also opposes a meeting. We have been accused of not being "strategic thinkers" because of our opposition to these meetings, but we are simply looking at this case as a violent crime prosecution involving stiff penalties rather than as a white collar or public corruption case where the parties can amicably work out a light sentence. With respect to the "policy reasons" that Lefcourt wants to discuss, those were already raised in his letter (which is part of the indictment package) and during his meeting with Andy and myself. Those reasons are: (1) he wants the Petit policy to trump our ability to prosecute Epstein, (2) this shouldn't be a federal offense, and (3) the victims were willing participants so the crime shouldn't be prosecuted at all. Unless the Office thinks that any of those arguments will be persuasive, a meeting will not be beneficial to the prosecution, it will only benefit the defense. With respect to Lefcourt's promised legal analysis, that also has already been provided. The only way to get additional analysis is to expose to the defense the other charges that we are considering. In my opinion this would seriously undermine the prosecution. The defense is anxious to have a meeting in order to delay the investigation/prosecution, to find out more about our investigation, and to use political pressure to stop the investigation. I have no control over the Office's decisions regarding whether to meet with the defense or to whom the facts and analysis of the case will be disclosed. However, if you all do decide to go forward with these meetings in a way that is detrimental to the investigation, then I will have to ask to have the case reassigned to an AUSA who is in agreement with the handling of the case. A. Marie Villafaila Assistant U.S. Attorney EXHIBIT C-4 110 EFTA00225406 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Lourie, Andrew (USAFLS) Sent: Tuesday, May 22, 2007 6:33 PM To: Villafana, Ann Marie C. (USAFLS) Subject: FW: Jeffrey Epstein fyi From: Lourie, Andrew (USAFLS) Sent: Tuesday, May 22, 2007 6:32 PM To: 'Gerald Lefcourt' Subject: RE: Jeffrey Epstein I have your letter. I think we are on the same page, but to be sure I do want to clarify that we spoke the other week and I did say that if you want to meet with me again, I am ready to do so. The wording of your letter, however, suggests implicitly that I agreed to contact you before a decision is made to seek an indictment of Mr. Epstein. If that was your understanding, then please allow me to clarify. Our investigation is ongoing and if we decide to seek an indictment, we don't intend to call Mr. Epstein's representatives to let him know that. Of course, in the interim, if you would like to make a presentation to us, we are willing to listen. Along those lines, given the fact that we have already met once, with schedules being what they are, it makes sense for our criminal chief, Matt Menchel, to be included when you make another presentation, rather than working up the chain incrementally. I realize you were being respectful in not attempting to leapfrog over me, which I appreciate. I will pass on your request to meet with the U.S. Attorney as well, but can't commit for him one way or another. When you have some dates in mind, let me know and I will try to set up a meeting in Miami. From: Gerald Lefcourt [mailto:[email protected]] Sent: Tuesday, May 22, 2007 2:05 PM To: Lourle, Andrew (USAFLS) Cc: Villafana, Ann Marie C. (USAFLS); Lilly Ann Sanchez Subject: Jeffrey Epstein Andy, attached is a letter seeking meetings, as discussed with you, but with others if it is not resolved. Thanks for your attention. Could you email back so that I know you have received this letter? Gerald B. Lefcourt Gerald B. Lefcourt, P.C. 148 E. 78th Street New York, New York 10021 .0400 Fax obkalercourtlaw.com 111 EFTA00225407 Villafana, Ann Marie C. (USAFLS) From: Menchel, Matthew (USAFLS) Sent: Monday, May 14, 2007 10:52 AM To: Villafana, Ann Marie C. (USAFLS); Lourie, Andrew (USAFLS) Subject: Re: Operation Leap Year Marie, You will not have approval to go forward tomorrow with an indictment or to poceed by complaint. Alex has your memo and lefcourt's letter but he is out of the district at the US Attorney's conference for the next several days. I'm having trouble understanding - given how long this case has been pending - what the rush is. This is obviously a very significant case and alex wants to take his time making sure he is comfortable before proceeding. Sent from my BlackBerry Wireless Handheld Original Message From: Villafana, Ann Marie C. (USAFLS) <[email protected]> To: Lourie, Andrew (USAFLS) <[email protected]>; Menchel, Matthew (USAFLS) <[email protected]> Sent: Mon May 14 10:38:15 2007 Subject: Operation Leap Year Good morning: I just received a call that Epstein's plane is flying from the Virgin Islands to Newark now, so it looks like Epstein is going to show up for his court appearance tomorrow. Can you let me know if the indictment is going tomorrow or, if not, whether we are authorized to proceed by Complaint? Thank you. A. Marie Villafaha Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 EXHIBIT C-5 EFTA00225408 Villafana, Ann Marie C. (USAFLS) From: VIHelena. Ann Marie C. (USAFLS) Sent: Friday, October 05, 2007 4:48 PM To: Sloman, Jeff (USAFLS) Subject: FW: Proposed Letter to Special Master Attachments: PROPOSED Letter to Special Master.pdf; Special Master Proposal.pdf; Ltr from Lefkowitz to Villafana (Oct. 5, 2007)212135690_4)1)OC lii Jeff Can I please just indict him? Can you give me a call on my cell phone? 561 601-2301. Since they object to using a Special Master. we have two options — we can just choose the lawyer ourselves or as part of our selection process. we can deal with the Special Master ourselves and, upon receiving the Special Master's choice. provide that name to the defense, understanding that they may then reject the selection. The other issues, regarding paying the attorney, clearly violate the terms of the agreement, which specifically state "if any of the individuals elects to file suit." A. Mark Villafafta Assistant U.S. Attorney 561 209-1047 Fax 561 820-8777 From: Jay Lefkowitz [mailto:[email protected]] Sent: Fri 10/5/2007 11:03 AM To: Villafana, Ann Marie C. (USAFLS) Cc: Lourie, Andrew; [email protected]; [email protected] Subject: RE: Proposed Letter to Special Master Marie. Attached is a letter responding to your latest proposals. For your convenience, I've also attached your prior e-mails and attachments regarding this matter so that you can easily see what I am responding to (see the chain below). If you are available, I'm free to talk at 5:30 this evening. We can use my usual call-in number at (866) 462-0164. The code is '4464970'. Thanks, Jay "Villatana, Ann Marie C. (USAFLSr cAnn.Marie.C.Vifialaniausdoi.00v> 10/05/2007 07 48 AM To -Jay Letkormts" clletkomMakirkland corny cc Subject RE. Proposed Letter to Special Master EXHIBIT C-6 2767 EFTA00225409 Good morning, Jay. We need to resolve the attorney issue today. It has been weeks since execution of the contract, and there is no need for further delay. As far as the five attorney names that we will be providing, I propose Bert Ocariz, Katherine Ezell at Podhurst Orseck, Stuart Grossman, Ed Rogers, and Walter Cobath. If you would like to use the same Special Master to resolve fees disputes as well as to handle the selection of the attorney, I recommend that w tired 11th Circuit Judge Joseph Hatchett instead of Judge because of Judge illie health problems. :No one has contacted Judge Hatchett yet, but one of the District udges in Miami mentioned him as a good choice. ) I am available for a conference call between 9:00 and 10:00, and between 3:15 and 6:00. Please call me on my cell (561 601-2301) and let me know which of those times works best for you. Thank you. From: Jay Lefkowitz (mailto:[email protected]) Sent: Wed 10/3/2007 4:26 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Re: Proposed Letter tc Special Master Marie - I, too, am interested in speed. But I really need to go over this and then discuss with Jeffrey. So please do not send this to any Special Master before we discuss the next steps. Thanks -- Jay "Villafana, Ann Marie C. (USAFLS)" <[email protected]> 10/03/200 7 04:24 PM To "Jay Lefkowitz" <[email protected]> cc Subject Proposed Letter to Special Master Hi Jay - To move things along, I also have enclosed the proposed text of a letter to the Special Master. <<PROPOSED Letter to Special Master.pdf» A. Marie Villafafla Assistant "J.S. Attorney 2768 EFTA00225410 561 209-1047 Fax 561 920-8 77'7 "ViIlafana, Ann Mario C. (USAFLS) - cAnn.Marie.S.Villalanageusdoiciov> 10/03/2007 04 24 PM To "Jay lentowaz ciLefltovnizattkirkiand corn, cc Subject Proposed Letter to Special Master Hi Jay — To move things along. I also have enclosed the proposed text of a letter to the Special Master. «PROPOSED Letter to Special Master pdf» A. Mark Villafaik Assistant U.S. Attorne