AO 106 (SUM Rev. 01/17) Application for a Search Warrant

AO 106 (SUM Rev. 01/17) Application for a Search Warrant Date: UNITED STATES DISTRICT COURT for the oo 5 1 k41/41 In the Matter of the Search of (Briefly describe the property to be searched a or idea* the person by name and address) Case No. A Us& it-g-tat o „Vilath 3s-7 xioecisviss. ) &Avis WM 0/8- se-N 'Jo. 0i-VaGrA3y4 ,nois: grab, ti< ) IC 14 Oa: , t cerx kint Slatted Wev14.6tivst,ns souk eg% et -4,4, 1-„,0111)41; IF\ Spea,s, Abe cab k, vinitivy,c4 .1624,1, ft %Reg 6.4144: r u is is. of cki sest4. ri,j44 5,1,447,T4R ootNtraA uswict?111..S.tIZUR,Ehat tracNT 1, a federal law enforcement officer or an attorney for the government, request a seared warrant and state under penalty of perjury that I have reason to believe that on the following person or property (identify the person or describe the property to be searched and give its location): located in the (501.4.1-ina n District of New 4 D(L , there is now concealed (Identlfr the person or describe the property to be seized): See Attached Affidavit and its Attachment A The basis for the search under Fed. R. Crim. P. 41(c) is (check one or more): firevidence of a crime; O contraband, fruits of crime, or other items illegally possessed; O property designed for use, intended for use, or used in committing a crime; O a person to be arrested or a person who is unlawfully restrained. The search is related to a violation of: Code Section(s) is USC 15 + 3-1I Offense Description(s) Sex laragatail .5 oc- minors C.-)C etf-ec tn3 Co n Sp r ackg The application is based on these facts: See Attached Affidavit and its Attachment A cif Continued on the attached sheet. O Delayed notice of 30 _ days (give exact ending date if more Than 30 days: ) is requested under 18 U.S.C. § 3103a, the basis of which is s Sworn to before me and signed in my presence. JUL 1 5 2019 City and state: New York, NY Judge's signature HON. KEVIN NATHANIEL rox tirad Otelotilkatiskaitehduto slott of Nowst9fik-t-t °183 CONFIDNITA EFTA 00114267 EFTA01262900 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK In the Matter of the Application of the United States Of America for a Search and Seizure Warrant for (1) a black iPhone with IMEI number 357201093322785, (2) a silver iPad with serial number DLXQGM3KOMW3, (3) two black binders with CDs, (4) two black hard drives, (5) a box of CDs, and (6) two binders with various CDs SOUTHERN DISTRICT OF NEW YORK) ss.: TO BE FILED UNDER SEAL Agent Affidavit in Support of Application for Search and Seizure Warrant being duly sworn, deposes and says: I. Introduction A. Afflant 1. I have been a Special Agent with the Federal Bureau of Investigation ("FBI") since As such, I am a "federal law enforcement office?' within the meaning of Federal Rule of Criminal Procedure 41(aX2XC), that is, a government agent engaged in enforcing the criminal laws and duly authorized by the Attorney General to request a search warrant. I am currently assigned to investigate violations of criminal law relating to the sexual exploitation of children. As part of my responsibilities, I have participated in numerous investigations and prosecutions of crimes against children, including the sex trafficking of minors, and have participated in the execution of search warrants involving electronic evidence. 2. I make this Affidavit in support of an application pursuant to Rule 41 of the Federal Rules of Criminal Procedure for a warrant to search certain electronic devices, compact disks and related electronic media specified below (the "Subject Items") for the items and information described in Attachment A. This affidavit is based upon my personal knowledge; my review of documents and other evidence; my conversations with other law enforcement personnel; and my 2017.08.02 1 CONFIDENTIAL SDNY_GM_00000184 EFTA_00114268 EFTA01262901 training, experience and advice received concerning the use of computers in criminal activity and the forensic analysis of electronically stored information ("ESI"). Because this affidavit is being submitted for the limited purpose of establishing probable cause, it does not include all the facts that I have learned during the course of my investigation. Where the contents of documents and the actions, statements, and conversations of others are reported herein, they are reported in substance and in part, except where otherwise indicated. B. The Subject Items 3. The Subject Items are particularly described as follows': a. A black iPhone with IMEI number 357201093322785, which was seized from JEFFREY EPSTEIN on or about July 6, 2019 ("Subject Item-1"). b. A silver iPad with serial number DLXQGM3KGMW3, which was seized from JEFFREY EPSTEIN on or about July 6, 2019 ("Subject Item-2"). c. Two black binders with CDs, which were seizeYt,,from a blue suitcase on or about July 11, 2019 ("Subject Item-3"). pectol Avert d. Two black hard drives, which were seizect from a blue suitcase on or about July 11, 2019 ("Subject Item-4"). Sfec41 Aynk e. A box of CDs, which was seizedsfrom a blue suitcase on or about July 11, hol`seccikk A3ent or about July 11, 2019 ("Subject Item-6"). 2019 ("Subject Item-5"). f. Two binders with various CDs, which were seized from a black suitcase on b S •3 &cue, To the extent that the Subject Items contain any SD cards or other removable storage media, the description of each such item encompasses those SD cards and other media. 2017.08.02 2 CONFIDENTIAL SDNY_GM_00000185 EFTA_00114269 EFTA01262902 4. Based on my training, experience, and research, I know that Subject Item-1 and Subject Item-2 both have capabilities that allow them to serve as a wireless telephone, digital camera, portable media player, GPS navigation device, and PDA. 5. The Subject Items are all presently located in the Southern District of New York. C. The Target Subject and the Subject Offenses 6. The 'Paget Subject of this investigation is JEFFREY F-PSTEIN. 7. For the reasons detailed below, I respectfully submit that there is probable cause to believe that the Subject Items contain evidence, fruits, and instrumentalities of violations of Title 18, United States Code, Section 1591 (sex trafficking of minors); and Title 18, United States Code, Section 371 (sex trafficking conspiracy) (the "Subject Offenses") by the Target Subject. El. Probable Cause A. Probable Cause Regarding the Target Subject's Commission of the Subject Offenses 8. On or about July 2, 2019, a grand jury in this District returned an Indictment charging JEFFREY EPSTEIN with the Subject Offenses. A copy of the Indictment is attached hereto as Exhibit A and is incorporated by reference. 9. That same day, the Honorable Barbara Moses, United States Magistrate Judge, signed an arrest warrant for JEFFREY EPSTEIN. A copy of the Arrest Warrant is attached hereto as Exhibit B and is incorporated by reference. B. Probable Cause Justifying Search of the Subject Items The Indictment and Victim-1 10. As set forth in Exhibit A, from at least in or about 2002, up to and including at least in or about 2005, JEFFREY EPSTEIN sexually abused multiple minor girls in the Southern District of New York and elsewhere. During that time and continuing to the present, EPSTEIN 2017.08.02 3 CONFIDENTIAL SDNY_GM_00000186 . EFTA_001 14270 EFTA01262903 possessed and controlled a multi-story, single-family residence located at 9 East 71st Street, New York, New York, which is described in Exhibit A as "the New York Residence." 11. As further set forth in paragraphs 8 through 10 of Exhibit A, from at least in or about 2002, up to and including at least in or about 2005, EPSTEIN sexually abused numerous minor victims at the New York Residence. In particular, and as alleged in the Indictment, when a victim arrived at the New York Residence, she would be escorted to a room inside the Subject Premises with a massage table, where she would perform a massage on EPSTEIN. The victims, who were as young as 14 years of age, were told by EPSTEIN or other individuals to partially or fully undress before beginning the "massage." During the encounter, EPSTEIN would escalate the nature and scope of physical contact with his victim to include, among other things, sex acts such as groping and direct and indirect contact with the victims' genitals. EPSTEIN typically would also masturbate during these sexualized encounters, ask victims to touch him while he masturbated, and touch victims' genitals with his hands or with sex toys. Following each encounter, EPSTEIN or one of his employees or associates paid the victim in cash. 12. M set forth in paragraphs 12 through 13 of Exhibit A, to further facilitate his ability to abuse minor girls in New York, JEFFREY EPSTEIN asked and enticed certain of his victims to recruit additional minor girls to perform "massages" and similarly engage in sex acts with EPSTEIN. When a victim would recruit another minor girl for EPSTEIN, he paid both the victim- recruiter and the new victim hundreds of dollars in cash. EPSTEIN knew that his victims were underage, including because certain victims told him their age. 13. One of the victims identified in paragraph 22 of Exhibit A is Victim-1. As part of the FBI's investigation of EPSTEIN, other law enforcement officers and I have interviewed 2017.08.02 CONFIDENTIAL SDNY_GM_00000187 EFTA_00114271 EFTA01262904 Victim-1.2 During those interviews, Victim-1 has provided the following information, in substance and in part: a. Between approximately 2002 and 2005, EPSTEIN sexually abused Victim-1 im multiple occasions in the New York Residence. This sexual abuse all occurred when Victim-1 was under the age of 18. The July 6.2019 Seizure of Subject Item-1 and Subiect Item-2 14. I know from my personal participation in this investigation and my conversations with other law enforcement agents that on July 6, 2019, JEFFREY EPSTEIN was aboard a private .M jet that flew from France and landed at approximately 5:30 p.m. in Teterboro Airport in BergentrOUt New Jersey. Upon his arrival at Teterboro Airport, and as part of his re-entry into the United States, EPSTEIN was searched by agents of U.S. Customs and Border Protection ("CBP"), who found both Subject Item-1 and Subject Item-2 in EPSTEIN's possession. The CBP agents then provided Subject Item-1 and Subject Item-2 to Special Agents of the FBI who also placed EPSTEIN under arrest. The FBI subsequently transported Subject Item-1 and Subject Item-2 to FBI offices located in the Southern District of New York, where they are currently located. 2 I II I l' 1 4,0 - 1 MN II I : 1 ' : 1 I 11 . 11 : : I ' : Information provided by Victim-1 has proven reliable and has been corroborated by independent evidence, including documents and records obtained during the investigation and the accounts of other victims whom Victim-1 has never met. 2017.08.02 5 CONFIDENTIAL SDNY_GM_00000185 EFTA_00114272 EFTA01262905 The July 6.2019 and July 7.2019 Search Warrants for the New York Residence 15. On or about July 6, 2019, the Honorable Barbara Moses, United States Magistrate Judge, signed a search warrant authorizing a search of the New York Residence. The search warrant is attached as Exhibit C and incorporated by reference herein. 16. At approximately 6 p.m. on or about July 6, 2019, law enforcement officers (the "Search Team") commenced executing the search warrant at the New York Residence. 17. Based on the Search Team's observations during an initial search of the New York Residence, at approximately 7 p.m., the Search Team stopped the search and froze the scene in order to seek a new search warrant. 18. On or about July 7, 2019, the Honorable Barbara Moses, United States Magistrate Judge, signed a second search warrant authorizing a search of the New York Residence (the "Second Warrant"). The Second Warrant is attached as Exhibit D, and incorporated by reference herein. At approximately 2:30 a.m., the Search Team resumed the search, and commenced searching pursuant to the Second Warrant 19. Based on my conversations with members of the Search Team, I have learned the following: a. The Search Team observed a number of computing devices, including computers and tablet devices, throughout the New York Residence. b. Inside a safe in a closet on the third floor (the "Safe"), the Search Team discovered and seized, among other items, several binders containing sleeves of compact discs, most of which are labeled with handwriting. In total, the binders contain dozens of compact discs. One disc is labeled "Young—I " Another disc is labeled "Nudes 00-24." Another is labeled "Misc. Nudes." Yet another is labeled "Girl Pies Nude." Some discs contain the word 2017.08.02 CONFIdENTIAL aDNY_GM 00000189 EFTA_00114273 EFTA01262906 "Zorro" or "LSJ." For example, one disc is marked "Dana Zorro Pies." Based on my conversations with law enforcement agents who have participated in this investigation, I believe the name "Zorro" refers to Zorro Ranch, EPSTEIN's property in New Mexico, and the name LSJ refers to Little Saint James, EPSTEIN's property in the U.S. Virgin Islands. The majority of the discs contain titles that include female names. Some of the discs in the binders seized by the Search Team have titles that appear to refer to trips or vacations. c. During the search, the Search Team did not seize at that time certain binders of discs located in the Safe, where the majority of the discs in the binder were labeled in a manner that did not appear to refer to girls or nudes. The Search Team also did not seize at that time several unlabeled hard drives, which were also located in the Safe. As detailed below, those additional binders of discs are among the subjects of this application. d. In addition to the Safe, in the drawer of a dresser in a room on the Fifth floor of the New York Residence, the Search team discovered and seized, among other items, a shoebox (the "Shoebox") which contained numerous compact discs. The majority of the discs are labeled, in handwriting, with female names. One disc is labeled "Thai Massage." Another disc is labeled "Blonde Girl Photo Shoot." Yet another disc is labeled "Misc. Girls Nude/Dinner—Scientists." The discs in the Shoebox were seized by the Search Team. In another drawer of that same dresser, the Search Team discovered loose polaroid photographs depicting young, nude females who, based on the training and experience of law enforcement officers who observed them, appear to be teenagers. In that same drawer, the Search Team discovered a folder marked, in handwriting, which contained photographs, including nude and sexually suggestive photographs of a young girl who, based on the training and experience of law enforcement officers who observed them, appears to be younger than 18. The folder also contained other nude photographs of young 2017.08.02 CONFIDENTIALlSONY_GM_00000190 EFTA_00114274 EFTA01262907 girls who appear to be teenagers, based on my training and experience. Inside the folder is a compact disc marked which was seized by the SeatCh Team. e. In a closet on the Fifth Floor of the New York Residence, the Search Team discovered, among other items, a box marked "women/old photos." The box contained, among other items, approximately seven compact discs, which are labeled with hand-written titles. One disc is labeled "nudes 00-24." Another is labeled "Photographer—Mackla `03" The remaining discs contain titles that include female names. All of the foregoing discs were seized by the Search Team. f. In that same closet, the Search Team discovered numerous black binders containing what appear to be print outs of digital photographs (with file names underneath) and compact discs. The Search Team seized approximately ten binders (the "Seized Binders") 3 which appeared to contain, among other photographs, photographs of nude or partially nude young girls, some of which are in sexually suggestive poses. Based on the training and experience of law enforcement officers who observed them, at least some of the young girls depicted in the photographs appear to be teenagers, including some who appear to be under the age of 18. The Seized Binders also include photographs of what appear to be personal functions, events, and travel. g. The compact discs seized by the Search Team and described in paragraphs li(a)-(d) are currently stored within the Southern District of New York in containers marked for identification with FBI evidence numbers 15, 16, 17, 18, and 22 (the "Seized Discs"). The July 7. 2019 Search Warrant for th&Seized Discs 20. On or about July 7, 2019, the Honorable Barbara Moses, United States Magistrate Judge, signed a third search warrant to search and seize electronic media stored on the Seized Discs 3 The Search Team did not seize the remaining binders. 2017.08.02 CONFIDENTIAL SDNY_GM_00000191 EFTA_00114275 EFTA01262908 (the "Third Search Warrant"). The Third Warrant is attached as Exhibit E, and incorporated by reference herein. 21. Based on my conversations with law enforcement agents who have reviewed the Seized Discs pursuant to the Third Search Warrant (the "Reviewing Agents"), I have learned the following: a. The discs contain approximately thousands of nude or partially nude photographs of girls or young women, many of which are in sexually suggestive poses. Based on my conversations with the Reviewing Agents, who have particular training and experience relating to child erotica and visual depictions of children in child exploitation cases, I have learned that the Reviewing Agents believe that many of the nude or partially nude images they have reviewed appear to depict girls under the age of 18. Moreover, many of the photographs appear to be labeled with file names that suggest the photographs depict these girls at properties associated with JEFFREY EPSTEIN. For example, some file names are labeled "Zorro" or "LSJ." b. Among the photographs on the Seized Discs, the Reviewing Agents identified partially-nude photographs of a young girl, labeled with an associated name that matched a particular individual ("Individual -1"). After identifying those photographs, the Government was advised by Individual -1's counsel that Individual -1 recalls the month and year during which she believes those partially-nude photographs were taken, and also the location where they were taken, and that she was 17 years old at the time. The July 11, 2019 Search Warrant for All Electronic Devices and Storage Media in the New York Residence 22. Following the initiation of the FBI's review of the Seized Discs, on or about July 11, 2019, the Honorable Henry B. Pitman, United States Magistrate Judge, signed another search warrant authorizing another search of the New York Residence and specifically authorizing the 2017.08.02 CONFID9ENTIAL aDNY_GM_00000192 EFTA_00114276 EFTA01262909 seizure and search of electronic devices and storage media inside the New York Residence (the "Fourth Warrant"). The Fourth Warrant is attached as Exhibit F and incorporated by refe, ce herein. 23. Later on July 11, 2019, the Search Team executed the Fourth Warrant at the New York Residence. 24. Based on my conversations with members of the Search Team, I have learned the following, among other things, regarding the execution of the Fourth Warrant: a. During the July 11, 2019 execution of the Fourth Warrant inside the New York Residence, the Search Team found that the Safe described above was empty and, in particular, that the collection of discs and hard drives described in paragraph 19b, above, that the Search Team had not seized during its prior search of the New York Residence on July 7, 2019, had been removed. b. After discovering that the Safe was empty, the Search Team spoke with an employee who worked at the New York Residence (the "Employee"). During that conversation, the Employee told the Search Team that after the completion of the prior search on July 7, 2019, the Employee had been instructed by a third party ("the Third Party") to take the contents of the Safe out of the New York Residence and deliver those items to the Third Party. The Employee further told the Search Team that after receiving that instruction, the Employee packed the contents of the Safe into two suitcases and delivered those suitcases to the Third Party. The Employee provided the Search Team with the Third Party's contact information. c. The Search Team then contacted the Third Party. During the ensuing conversation, the Third Party confirmed receipt of two suitcases from the Employee but also told 2017.08.02 CONFII5ENTIAL SDNY_GM_00000193 EFTA_00114277 EFTA01262910 the Search Team that the Third Party had not opened the suitcases or touched or tampered with their contents. The Third Party also agreed to deliver the two suitcases to the Search Team. d. Later on July 11, 2019, and consistent with the conversation described 446. above, the Third Party met the Search Team outside of the New York Residence and provided ScRS\ O.\ SPimmt with the two suitcases described above, one of which was blue and one of which was black. Consistent with standard law enforcement protocol, the Search. Team conducted an inventory of both suitcases before taking custody of them. While taking an inventory of the blue suitcase, the Search Team discovered, among other items, Subject Item-3, Subject Item-4, and Subject Item-5. While taking an inventory of the black suitcase, the Search Team discovered, among other items, Subject Item-6. These items, i.e., Subject Items -3, -4, -5, and -6, appeared to be the same items observed in the Safe by the Search Team during the July 7, 2019 search of the New York Residence. The 2018 Payments 25. Based on my participation in this investigation, my review of open source materials, and my review of financial records, I have further learned the following: a. On or about November 28, 2018, the Miami Herald began publishing a series of articles related to JEFFREY EPSTEIN, his sex trafficking of minor girls, and the circumstances of a non-prosecution agreement ("NPA") he previously negotiated with the Southern District of Florida. Among other things, the NPA identified several individuals as EPSTEIN's co-conspirators in the sex trafficking of minor girls. b. Records obtained by the Government from a financial institution (Institution -1") appear to show that just two days after the Miami Herald began publishing its series,. on or about November 30, 2018, the defendant wired $100,000 from a trust account he 2017.08.02 CONFIDENTIAL SONY_GM_00000194 EFTA_00114278 EFTA01262911 controlled to an individual named as a possible co-conspirator in the NM. The same records from Institution -1 appear to show that just three days after that, on or about December 3, 2018, the defendant wired $250,000 from the same trust account to another individual named as a possible co-conspirator in the NPA and also identified as one of the defendant's employees in the Indictment. Neither of these payments appears to be recurring or repeating during the approximately five years of bank records presently available. c. This course of action, and in particular its timing, suggests the defendant was still in communication with and attempting to further influence co-conspirators who might provide information against him in light of the recently re-emerging allegations. Request to Search the Subiect Items 26. Based on my training and experience and participation in this investigation, I respectfully submit that there is probable cause to believe that the Subject Items will contain and/or constitute additional fruits, evidence and instrumentalities of the Subject Offenses. As an initial matter, all of the Subject Items were initially found in the same Safe in which EPSTEIN was storing discs and other media already reviewed and which contain hundreds of not thousands of nude and suggestive images of young females, some of whom appear to be under 18. Given as much, and because there is probable cause to believe that Epstein engaged in sex trafficking of underage girls, there is probable cause to believe that the additional storage media in EPSTEIN's possession and control—Le., the Subject Items—will contain evidence of the Subject Offenses. Moreover, that efforts were made to remove Subject Items -3, -4, -5, and -6 from the New York Residence after the initial search only further reinforces the probable cause to believe that those Subject Items contain and constitute fruits, evidence and instrumentalities of the Subject Offenses. 2017.08.02 CONFIDENTIAL SDNY_GM_00000195 ' EFTA_00114279 EFTA01262912 27. With respect to Subject Item-1 and Subject Item-2, both are electronic devices capable of sending, receiving, and containing thousands of messages and images. Based on my training and experience, I am aware that individuals who store nude and/or sexually suggestive photographs of minors on compact discs or other external storage devices typically access those images from computers and other electronic devices in order to view those images, and individuals who store such materials on compact discs typically store similar files on other computing devices and storage devices like Subject Item-1 and Subject Item-2. Further, in light of the payments to potential co-conspirators described in paragraph 25, above, I respectfully submit there is probable cause to believe that EPSTEIN still communicates with at least some of his co-conspirators about the Subject Offenses and that such communications may occur using Subject Item-1 and Subject Item-2. 28. I further know from my training and experience that computer files or remnants of such files can be recovered months or even years after they have been created or saved on an electronic device such as the Subject Items. Even when such files have been deleted, they can often be recovered, depending on how the device has subsequently been used, months or years later with forensics tools. Thus, the ability to retrieve from information from the Subject Items depends less on when the information was first created or saved than on a particular user's device configuration, storage capacity, and computer habits. 29. Based on the foregoing, I respectfully submit there is probable cause to believe that evidence of JEFFREY EPSTEIN's commission of the Subject Offences is likely to be found on the Subject Reins.. 2017.08.02 CONFIDENTIAL • SONY_GM_00000196 EFTA_00114280 EFTA01262913 III. Procedures for Searching ESI A. Review of ESI 30. Law enforcement personnel (who may include, in addition to law enforcement officers and agents, attorneys for the government, attorney support staff, agency personnel assisting the government in this investigation, and outside technical experts under government control) will review the ESI contained on the Subject Items for information responsive to the warrant 31. In conducting this review, law enforcement may use various techniques to determine which files or other ESI contain evidence or fruits of the Subject Offenses. Such techniques may include, for example: • surveying directories or folders and the individual files they contain (analogous to looking at the outside of a file cabinet for the markings it contains and opening a drawer believed to contain pertinent files); • conducting a file-by-file review by "opening" or reading the first few "pages" of such files in order to determine their precise contents (analogous to performing a cursory examination of each document in a file cabinet to determine its relevance); • "scanning" storage areas to discover and possibly recover recently deleted data or deliberately hidden files; and • performing electronic keyword searches through all electronic storage areas to determine the existence and location of data potentially related to the subject matter of the investigation 4; and • reviewing metadata, system information, configuration files, registry data, and any other information reflecting how, when, and by whom the computer was used. 4 Keyword cenrches alone are typically inadequate to detect all relevant data. For one thing, keyword searches work only for text data, yet many types of files, such as images and videos, do not store data as searchable text. Moreover, even as to text data, there may be information properly subject to seizure but that is not captured by a keyword search because the information does not contain the keywords being searched. 2017.08.02 14 CONFIDENTIAL SONY_GMj00000197 EFTA_00114281 EFTA01262914 32. Law enforcement personnel will make reasonable efforts to restrict their search to data falling within the categories of evidence specified in the warrant. Depending on the circumstances, however, law enforcement may need to conduct a complete review of all the ESI from the Subject Items to evaluate its contents and to locate all data responsive to the warrant. B. Return of the Subject Items 33. If the Government determines that. the Subject Items are no longer necessary to retrieve and preserve the data on the Subject Items, and that the Subject Items are not subject to seizure pursuant to Federal Rule of Criminal Procedure 41(c), the Government will return the Subject Items. Computer data that is encrypted or unreadable will not be returned unless law enforcement personnel have determined that the data is not (i) an instrtnnentality of the offense, (ii) a fruit of the criminal activity, (iii) contraband, (iv) otherwise unlawfully possessed, or (v) evidence of the Subject Offenses. 2017.08.02 CONFIdENTIAL SDNY_GM_00000198 EFTA_00114282 EFTA01262915 IV. Conclusion and Ancillary Provisions 34. Based on the foregoing, I respectfully request the court to issue a warrant to seize the items and information specified in Attachment A to this affidavit and to the Search and Seizure Warrant. 35. In light of the confidential nature of the continuing investigation, I respectfully request that this affidavit and all papers submitted herewith be maintained under seal until the Court orders otherwise. Special Agent Federal Bureau of Investigation Swom to before me on ,L 1 5 2019' July /5- 2019 /C-e-tri,-FataL-eq÷ HON. KEVIN NATHANIEL FOX UNITED STATES MAGISTRATE JUDGE 2017.08.02 CONFIDENTIAL SDNY_GM_00000i99 EFTA_00114283 EFTA01262916 II. Review of ESI on the Subject Items Attachment A I. Items Subject to Search and Seizure The Subject Items are particularly described as follows': • A black iPhone with IMEI number 357201093322785, which was seized from JEFFREY EPSTEIN on or about July 6, 2019 ("Subject Item-1"). • A silver iPad with serial number DLXQGM3KOMW3, which was seized from JEFFREY EPSTEIN on or about July 6, 2019 ("Subject Item-2"). • Two black binders with CDs, which were seizedkom a blue suitcase on or about 444 July 11, 2019 ("Subject Item-3"). A41(4 aseeL'ce 23M • Two black hard drives, which were seizes from a b ue suitrn on or ut y , 2019 ("Subject Item-4"). l)t:\ Creit0.1 /VA+ • A box of CDs, which was seizediem a Blue suitcase on or about Y , ("Subject Item-5"). b.) SrecaA i\lAt- • Two binders with various CDs, which were seizeckfrom a black suitcase on or about A L. July 11, 2019 ("Subject Item-6"). 5fee,0,1 Aajni- Law enforcement personnel (who may include, in addition to law enforcement officers and agents, attorneys for the government, attorney support staff, agency personnel assisting the government in this investigation, and outside technical experts under government control) are authorized to review the ESI contained on the Subject Items for evidence, fruits, and instrumentalities of violations of Title 18, United States Code, Sections 1591 (sex trafficking of minors), and 371 (sex trafficking conspiracy) (the "Subject Offenses") described as follows: 1. Any documents or communications with or regarding victims or potential victims of the Subject Offenses; 2. Any photographs of victims or potential victims of the Subject Offenses; 3. Any nude, partially nude, or sexually suggestive photographs of individuals who appear to be teenage girls, or younger; 4. Records, data, or other items that evidence ownership, control, or use of, or access to the Subject Items, including, but not limited to access history data, historical location data, To the extent that the Subject Items contain any SD cards or other removable storage media, the description of each such item encompasses those SD cards and other media. 2017.08.02 CONFIDENTIAL SDNY_GM_00000200 EFTA_00114284 EFTA01262917 configuration files, saved usernames and passwords, user profiles, e-mail contacts, and photographs; 5. Any child erotica, defined as suggestive visual depictions of nude minors that do not constitute child pornography as defined by 18 U.S.C. § 2256(8). As to Subject Item-1 and Subject Item-2, Law enforcement personnel (who may include, in addition to law enforcement officers and agents, attorneys for the government, attorney support staff, agency personnel assisting the government in this investigation, and outside technical experts under government control) are further authorized to review the ESI contained on Subject Item-1 and Subject Item-2 for evidence, fruits, and instrumentalities of violations of Title 18, United States Code, Sections 1591 (sex trafficking of minors), and 371 (sex trafficking conspiracy) (the "Subject Offenses") described as follows: 1. Any documents or communications with or regarding co-conspirators in the Subject Offenses. In conducting this review, law enforcement personnel may use various techniques to determine which files or other ESI contain evidence or fruits of the Subject Offenses. Such techniques may include, for example: • surveying directories or folders and the individual files they contain (analogous to looking at the outside of a file cabinet for the markings it contains and opening a drawer believed to contain pertinent files); • conducting a ffie-by-file review by "opening" or reading the first few "pages" of such files in order to determine their precise contents (analogous to performing a cursory examination of each document in a file cabinet to determine its relevance); • "scanning" storage areas to discover and possibly recover recently deleted data or deliberately hidden files; and • performing electronic keyword searches through all electronic storage areas to determine the existence and location of data potentially related to the subject matter of the investigation; and • reviewing metadata, system information, configuration files, registry data, and any other information reflecting how, when, and by whom the computer was used. Law enforcement personnel will make reasonable efforts to search only for files, documents, or other electronically stored information within the categories identified in Section U of this Attachment. However, law enforcement personnel are authorized to conduct a complete review of all the ESI from seized devices or storage media if necessary to evaluate its contents and to locate all data responsive to the warrant. 2017.08.02 CONFIDENTIAL SDNY_GM_00000201 EFTA_00114285 EFTA01262918 EXHIBIT A 2017.08.02 CONFIDENTIAL -----EFTA,I14.286 EFTA01262919 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK x UNITED STATES OF AMERICA JEFFREY EPSTEIN, Defendant. x SEALED INDICTMENT 19 Cr. 19 CREW 490 COUNT ONE (Sex Trafficking Conspiracy) The Grand Jury charges: OVERVIEW 1. As set forth herein, over the course of many years, JEFFREY EPSTEIN, the defendant, sexually exploited and. abused dozens of minor girls at his homes in Manhattan, New. York, and Palm Beach, Florida, among other locations. 2. In particular, from at least in or about 2002, up to and including at least in or about 2005, JEFFREY EPSTEIN, the defendant, enticed and recruited, and caused to be enticed and recruited, minor girls to visit his mansion in Manhattan, New York (the "New York Residence") and his estate in Palm Beach, Florida (the "Palm Beach Residence") to engage in sex acts with him, after which he would give the victims hundreds of dollars • in cash. Moreover, and in order to maintain and increase his supply of victims, EPSTEIN also paid certain of his victims to recruit additional girls to be similarly abused by EPSTEIN. In CONFIDENTIAL S0NY_GM_00000203 EFTA 00114287 EFTA01262920 this way, EPSTEIN created a vast network of underage victims for him to sexually exploit in locations including New York and Palm Beach. 3. The victims described herein were as young as 14 years old at the time they were abused by JEFFREY EPSTEIN, the defendant, and were, for various reasons, often particularly vulnerable to exploitation. EPSTEIN intentionally sought out minors and knew that many of his victims were in fact under the 'age of 18, including because, in some instances, minor victims expressly told him their age. 4. In creating and maintaining this network of minor victims in multiple states to sexually abuse and exploit, JEFFREY EPSTEIN, the defendant, worked and conspired with, others, including employees and associates who facilitated his conduct by, among other things, contacting victims and scheduling their sexual encounters with EPSTEIN at the New York Residence and at the Palm Beach Residence. FACTUAL BACKGROUND 5. During all time periods charged in this Indictment, JEFFREY EPSTEIN, the defendant, was a financier with multiple residences in the continental United States, including the New York Residence and the Palm Beach Residence. 6. Beginning in at least 2002, JEFFREY EPSTEIN, the defendant, enticed and recruited, and caused to be enticed and CONFIDENTIAL SONY_GM_00000204 EFTA_00114288 EFTA01262921 recruited, dozens of minor girls to engage in sex acts with him, after which EPSTEIN paid the victims hundreds of dollars in cash, at the Now York Residence and the Palm Beach Residence. 7. In both New York and Florida, JEFFREY EPSTEIN, the defendant, perpetuated this abuse in similar ways. Victims were initially recruited to provide "massages" to EPSTEIN, which would be performed nude or partially nude, would become increasingly sexual in nature, and would typically include one or more sex acts. EPSTEIN paid his victims hundreds of dollars in cash for each encounter. Moreover, EPSTEIN actively encouraged certain of his victims to recruit additional girls to be similarly sexually abused. EPSTEIN incentivized his victims to become recruiters by paying these victim -recruiters hundreds of dollars for each girl that they brought to EPSTEIN. In so doing, EPSTEIN maintained a steady supply of new victims to exploit. The New York Residence 0. At all times relevant to this Indictment, JEFFREY EPSTEIN, the defendant, possessed and controlled a multi -story private residence on the Upper East Side of Manhattan, New York, i.e., the New York Residence. Between at least in or about 2002 and in or about 2005, EPSTEIN abused numerous minor victims at the New York Residence by causing these victims to be recruited to engage in paid sex acts with him. CONFIDENTIAL SDNYLGM_00000205 EFTA _00114289 EFTA01262922 9. When a victim arrived at the New York Residence, she typically would be escorted to a room with a massage table, where she would perform a massage on JEFFREY EPSTEIN, the defendant. The victims, who were as young as 14 years of age, were told by EPSTEIN or other individuals to partially or fully undress before beginning the "massage." During the encounter, EPSTEIN would escalate the nature and scope of physical contact with his victim to include, among other things, sex acts such as groping and direct and indirect contact with the victim's genitals. EPSTEIN typically would also masturbate during these sexualized encounters, ask victims to touch him while he masturbated, and-touch victims' genitals with his hands or with sex toys. 10. In connection with each sexual encounter, JEFFREY EPSTEIN, the defendant, or one of his employees or associates, paid the victim in cash. Victims typically were paid hundreds of dollars in cash for each encounter. 11. JEFFREY EPSTEIN, the defendant, knew that many of his New York victims were underage, including because certain victims told him their age. Further, once these minor victims were recruited, many were abused by EPSTEIN on multiple subsequent occasions at the New York Residence. EPSTEIN sometimes personally contacted victims to schedule appointments at the New York Residence. In other instances, EPSTEIN directed CONFIDENTIAL SONY_GM_00000206 • EFTA 00114290 EFTA01262923 employees and associates, including a New York-based employee ("Employee -1"), to communicate with victims via phone to arrange for these victims to return to the New York Residence for additional sexual encounters with EPSTEIN. 12. Additionally, and to further facilitate his ability to abuse minor girls in New York, JEFFREY EPSTEIN, the defendant, asked and enticed certain of his victims to recruit additional girls to perform "massages" and similarly engage in sex acts with EPSTEIN. When a victim would recruit another girl for EPSTEIN, he paid both the victim -recruiter and the new victim hundreds of dollars in cash. Through these victim - recruiters, EPSTEIN gained access to and was able to abuse dozens of additional minor girls. 13. In particular, certain recruiters brought dozens of additional minor girls to the New York Residence to give massages to and engage in sex acts with JEFFREY EPSTEIN, the defendant. EPSTEIN encouraged victims to recruit additionil girls by offering to pay these victim -recruiters for every additional girl they brought to EPSTEIN. When a victim - recruiter accompanied a new minor victim to the New York Residence, both the victim -recruiter and the new minor victim were paid hundreds of dollars by EPSTEIN for each encounter. In addition, certain victim -recruiters routinely scheduled these CONFIDENTIAL SONY_GM_00000207 EFTA_00114291 EFTA01262924 encounters through Employee -1, who sometimes asked the recruiters to bring a specific minor girl for EPSTEIN. The Palm Beach Residence 14. In addition to recruiting and abusing minor girls in New York, JEFFREY EPSTEIN, the defendant, created a similar network of minor girls to victimize in Palm Beach, Florida, where EPSTEIN owned, possessed and controlled another large residence, i.e., the Palm Beach Residence. EPSTEIN frequently traveled from New York to Palm Beach by private jet, before which an employee or associate would ensure that minor victims were available for encounters upon his arrival in Florida. 15. At the Palm Beach Residence, JEFFREY EPSTEIN, the defendant, engaged in a similar course of abusive conduct. When a victim initially arrived at the Palm Beach Residence, she would be escorted to a room, sometimes by an employee of EPSTEIN's, including, "Employee -3") who, as for scheduling sexual at times, two assistants ("Employee -2" and' described herein, Were also responsible encounters with minor victims. Once inside, the victim would provide a nude or semi-nude massage for EPSTEIN, who would himself typically be naked. During these encounters, EPSTEIN would escalate the nature and scope of the physical contact to include sex acts such as groping and direct and indirect contact with the victim's genitals. EPSTEIN would also typically masturbate during these encounters, ask victims CONFIbENTIAL SONY_GM_00000208 EFTA_OOI14292 EFTA01262925 to touch him while he masturbated, and touch victims' genitals with his hands or with sex toys. 16. In connection with each sexual encounter, JEFFREY EPSTEIN, the defendant, or one of his employees or associates, • paid the victim in cash. Victims typically were paid hundreds of dollars for each encounter. 17. JEFFREY EPSTEIN, the defendint, knew that certain of his victims were underage, including because certain victims told him their age. In addition, as with New York-based victims, many Florida victims, once recruited, were abused by JEFFREY EPSTEIN, the defendant, on multiple additional occasions. 18. JEFFREY EPSTEIN, the defendant, who during the relevant time period was frequently in New York, would arrange for Employee -2 or other employees to contact victims by phone in advance of EPSTEIN's travel to Florida to ensure appointments were scheduled for when he arrived. In particular, in certain instances, Employee -2 placed phone calls to minor victims in Florida to schedule encounters at the Palm Beach Residence. At the time of certain of those phone calls, EPSTEIN and Employee -2 were in New York, New York. Additionally, certain of the individuals victimized at the Palm Beach Residence were contacted by phone by Employee -3 to schedule these encounters. CONFIDENTIAL SDNY_GM_00000209 EFTA_00114293 EFTA01262926 19. Moreover, as in New York, to ensure a steady stream of minor victims, JEFFREY EPSTEIN, the defendant, asked and enticed certain victims in Florida to recruit other girls to engage in sex acts. EPSTEIN paid hundreds of dollars to victim - recruiters for each additional girl they brought to the Palm Beach Residence. STATUTORY ALLEGATIONS 20. From at least in or about 2002, up to and including in or about 2005, in the Southern District of New York and elsewhere, JEFFREY EPSTEIN, the defendant, and others known and unknown, willfully and knowingly did combine, conspire, confederate, and agree together and with each other to commit an offense against the United States, to wit, sex trafficking of minors, in violation of Title 18, United States Code, Section . 1591(a) and (b). 21. It was a part and object of the conspiracy that JEFFREY EPSTEIN, the defendant, and others known and unknown, would and did, in and affecting interstate and foreign commerce, recruit, entice, harbor, transport, provide, and obtain, by any means a person, and to benefit, financially and by receiving anything of value, from participation in a venture which has engaged in any such act, knowing that the person had not attained the age of 18 years and would be caused to engage in a CONFIDENTIAL SDNY_GM_00000210 EFTA_001 14294 EFTA01262927 commercial sex act, in violation of Title 18, United States Code, Sections 1591(a) and (b)(2). Overt Acts 22. In furtherance of the conspiracy and to effect the illegal object thereof, the following overt acts, among others, were committed in the Southern District of New York and elsewhere: a. In or about 2004, JEFFREY EPSTEIN, the defendant, enticed and recruited multiple minor victims, including minor victims identified herein as Minor Victim -1, Minor Victim -2, and Minor Victim -3, to engage in sex acts with EPSTEIN at his residences in Manhattan, New York, and Palm Beach, Florida, after which he provided them with hundreds of dollars in cash for each encounter. b. In or about 2002, Minor Victim -1 was recruited to engage in sex acts with EPSTEIN and was repeatedly sexually abused by EPSTEIN at the New York Residence over a period of years and was paid hundreds of dollars for each encounter. EPSTEIN also encouraged and enticed Minor Victim -1 to recruit other girls to engage iin paid sex acts, which she did. EPSTEIN asked Minor Victim -1 how old she was, and Minor Victim -1 answered truthfully. c. In or about 2004, Employee -1, located in the Southern District of New York, and on behalf of EPSTEIN, placed CONFIDENTIAL SDNY_GM_00000211 EFTA _(X/114295 EFTA01262928 a telephone call to Minor Victim-1.in order to schedule an appointment for Minor Victim -1 to engage in paid sex acts with EPSTEIN. d. In or about 2004, Minor Victim -2 was recruited to engage in sex acts with EPSTEIN and was repeatedly sexually abused by EPSTEIN at the Palm Beach Residence over a period of years and was paid hundreds of dollars after each encounter. EPSTEIN also encouraged and enticed Minor Victim -2 to recruit other girls to engage in paid sex acts, which she did. e. In or about 2005, Employee -2, located in the Southern District of New York, and on behalf of EPSTEIN, placed a telephone call to Minor Victim -2 in order to schedule an appointment for Minor Victim -2 to engage in paid sex acts with EPSTEIN. f. In or about 2005, Minor Victim -3 was recruited to engage in sex acts with EPSTEIN and was repeatedly sexually abused by EPSTEIN at the Palm Beach Residence over a period of years and was paid hundreds of dollars for each encounter. EPSTEIN also encouraged and enticed Minor Victim -3 to recruit other girls to engage in paid sex acts, which she did. EPSTEIN asked Minor Victim -3 how old she was, and Minor. Victim -3 answered truthfully. CONFIDENTIAL SDNY_GM_00000212 EFTA 001142% EFTA01262929 g. In or about 2005, Employee -2, located in the Southern District of New York, and on behalf of EPSTEIN, placed a telephone call to. Minor Victim -3 in Florida in order to schedule an appointment for Minor Victim -3 to engage in paid sex acts with EPSTEIN. h. In or about 2004, Employee -3 placed a telephone call to Minor Victim -3 in order to schedule an appointment for Minor Victim -3 to engage in paid sex acts with EPSTEIN. (Title 18, United States Code, Section 371.) COUNT TWO (Sex Trafficking) The Grand Jury further charges: 23. The allegations contained in paragraphs'l through 19 and 2.2 of this Indictment are repeated and realleged as if fully set forth within. 24. From at least in or about 2002, up to and including in or about 2005,