2002-10 Case Report

2002-10 Case Report Palm Beach Police OCVAN S4SS CortOW PcionOixch FL 561a65474 9.51-0,..5.9453 nevolaw rows 12/0611901 / / Amu{ UnveDvIc reanflm late IS. // Prenwy I Prostitution -Epstein Active UNFOUNDED Lois /sees/ Cue Ueda) Re Make 300-13 rearflemd liecordly 08/06/2004 limper( r0aflateUrdatW 81062004 Import I ralkfu M A. MOO I lAsenq Img IG4 I Narrative/Notes 12/07/01 File 100 Sgt. On 12/06/01, OCVAN received intelligence from the WPBPD concerning Maxwell. According to the report, Maxwell is hiring young women from PBAC to come toher house and answer the phone. They are paid $200.00 per day for htis service. It is unclear what is occurring in the residence, however, contact information for PBAC students was provided. Follow-up will be initiated as soon as possible. File 300-13 Det. On 12/10/01, information was passed on from Sgt. regarding Ghislaine Maxwell and Jeffrey Epstein of 358 El Brillo way. A west Palm Beach intern. once report read as follows: "Three female college students from PBAC and 2 were approached by an Eng is woman w o isenti ie• erse as Maxwe , on the Palm Beach Atlantic Campus. Maxwell said she needed young, beautifu l unmalried women to answer phones and do office work at her home on Palm Beach. went to the house on several occasssions and described the telephone ails as mon call in saying when they were going to drop of particular girls. All three girls said Maxwell and Epstein were secretive about what was going on at the house, and at least two of the girls complained about Epstein touching them inappropriately. They said Maxwell asked for a list of other girls who she could call to work on short notice. She said she needed a large pool of girls to call as she did not know how many she would need at any given time. The callers were receptive to the idea of forwarding numbers of undercover personnel to Maxwell. Maxwell pays $200.00 per day for answering phones (cash) . said she only worked there one day, but she hd been there on at least one other occasion. I did not speak with . Their telephone number is at their dorm room on campus (roommates). Maxwell and Epstein allegedly have a private plane and frequently go to Now York leaving them out of the area for extended periods of time." Numerous attempts were made to roach the girls at the above listed number with negative results. Finally, I contacted PBA security who stated the college was closed for the semester and would not re open until next year. In the beginning of January, many messages were left which met with negative results. memo thug Teal Ithiewa Mareavamea. conett• knew. of letior I “IneIvr• sad Nlameamaar . !Mynah. /Ind. CONFIDENTIAL Page 1 o14 SDNY_GkL00329836 EFTA_00202562 EFTA01308891 Narrative/Notes A check of Jeffrey E Epstein, DOB 01/20/53, revealed an expired florida drivers license of E-123-425-53-020-0. Epstein did not return with any criminal history. An Accurint check revealed he has a florida concealed weapon permit 19012027, which expires on 03/29/05. Several ownership address were listed for Epstein including 358 E/ Brillo Way, Palm Beach, 457 Madision Ave, New York, NY, and numerous vehicle and watercraft ownerships. In addition, many UCC filings were recorded. Finally, associations were listed with the following companies: Ghislaine Corp (Inactive); Har Adom, Limited (CO-Active); L.A.W. Plantation Management (GA-Active); Nine East 71st street Corp. (NY-Active); RHC Licensing Corp (TX-Dead); and the other two Florida inactive corporations. A check of Ghislaine Noelle Maxwell, DOB 12/25/61, revealed a valid florida driver license SW 240-294-91-965-0, with no criminal history. An Accurint check on Maxwell revealed numerous vehicles, with nothing additional. On 1/28/02, trash pulls were initiated on this caso, and conducted intermittently through 4/16/02. Numerous intelligence items were discovered within the trash, to include: individual directory listings for massages in New York, and the United Kingdom, numerous phone messages, daily calendars, list of female names titled "People that I want you to meet", listing females, ages, descriptions, and what they do (trash pull on 3/29/02), front page of bell south phone bill indicating phone account under the name of Jeffrey Epstein and account under the name of Ghislainne Maxwell, correspondence to in cate a weapon s kept on the property, financial information, nude photographs of women and numerous references to massages through daily calendars, phone messages, etc. It should be noted a list was complied of all names associated with Epstein/Maxwell/358 El Brillo Way, and is documented in the file. It should be noted that all attempts to reach reporting parties have met with negative results at this time. On 02/8/02, an investigative subpoena was completed requesting all incoming and outgoing lines to the address 358 El Brillo Way. On 02/13/02, the above referenced subpoena was received from the SAO and was served on Bell South via fax. On 02/12/02, an inquiry into corporations on line revealed Jeffrey E. Epstein related to three Florida entities: Financial Strategy Group, Inc; Ghislaine Corp; Financial Trustees, Inc. None of the aforementioned entities are active. On 02/22/02, I received information from Bell South which revealed the following telephone lines are installed at 358 El Brillo Way: Under name G. Maxwell Jeffrey Epstein Main house line All above lines are considered to be residential linos. On 02/27/02, an investigative subpoena was completed requesting all incoming and outgoing calls rom 1/28/02 through 2/4/02 on the following telephone numbers: IIII Elft2L1DSilattiathEatela Page 2 of 4 MisTrikedipegUswwimntin.ftmotdftlaTM..4,5.4M! ,bct lomat. Ihmda CONFIDENTIAL SONY_GM_0029837 EFTA_00202563 EFTA01308892 Narratiffre/Notes On 0///i/U2, 411 computer checks revealed the lines and to be listed under the name Jeffrey Epstein. On 03/1/02, the above referenced subpoena was received from the SAO and was served via fax to Bell South. On 03/5/02, a fax was received from Bell South indicating the subpoena has been received and Bell South was working on the information. On 03/11/02, documents phone records were received from Bell South and evaluated. With the exception of their being numerous phone lines at the residence, nothing unusual was detected. On 03/19/02, an investigative subpoena was completed requesting all incoming and outgoing calls rom 1/28/02 through 2/4/02 on the following telephone numbers: IIII and On 03/20/02, the above referenced subpoena was received from the SAO and was served via fax to Bell South on 03/21/02. On 03/26/02, drive by surveillance revealed the following vehicle tags: F58XCK; Jeffrey Epstein, F57XCK; Jeffrey Epstein, and F47WCV; On 03/29/02, additional phone records from Bell South were received and evaluated. It should be noted nothing usual was detected within these records. I subsequently contacted security at PBAC and advised them of the information received from WPBPD. They provided the following information: I and are now living off campu term •hysical address is p ysical address is Security stated these two girls ma and their phone number is . In addition, lis residing on campus at a different location than last semester. Security agreed to conduct an unannounced room search on and advised will me as soon as that is complete. I advised them I will not attempt contact until the search has been done. On 04/12/02, 1 was contacted by PBA Security. A room search was conducted and the fo lowi g report provided: "At 1420, 020411 a room search was conducted in by Sgt. , Officer and the Director of Security Allen MCEniry, per the request of Residential Life (Eric Lowdermilk). Kim Ladd accompanied the officer's to was not present during the search. Six full bottles and two empty bottles of Smirnoff Ice were found in ing closet. Along with the illegal alcohol, several papers were found by personal laptop computer that had what appeared to be porn site address s on them. These papers were not confiscated due to there being other personal related information on them. A check of the one address: www.enjoy.com proved to be an adult internet sit with visual pornography on it. Another piece of paper that was seen indicated that information had been obtained about some type of adult work that paid $2,200.00 weekly. Nothing else found. Eric Lowdermilk is handling all discipline." 7002.10 -Pmmittedon-Fowgth DOW Tin kanita". MannaII %rAna • Winne era. Teontrf•M Iboite I twoafr. OWd. CONFIDENTIAL Page 3 of 4 SDNY_GPVL00329838 EFTA_00202564 EFTA01308893 Narrative/Notes explained to PBAC campus, however, Later, I was me that will no longer be allowed to reside at the he will n act me with whatever address she moves to. h the following address for . A cell phone number o was provided for On 04/24/02, Sgt. and I interviewed confirmed they had been approached by Maxwell briefly answering phones, and were paid well. something "weird" about the subjects residing did not observe anything illegal at the time. I and I N Both subjects and had worked at the residence felt there was there, and advised they On 04/25/02, Sgt. and I met with . stated that she did not recall anything illegal occurring a real ence, tare wore nude photographs of women all over the residence. 1 added there were women runnin il laround the pool area topless, and that people were always getting massages. stated that Epstein offered a massage to at one time, (he did not physically do the massage -a tech did it), but Epstein a her take her top off for the massage. I istated that made her extremely uncomfortable and she has not been back since. Although it appears as though usual activity is occurring at this residence, at this time, no illegal activity has been reported or detected. This information will remain as intelligence purposes only, until a crime is reported or possibly another student or young female and report to us while working at the residence. Links Expenses/Income Source Payments Aircraft Associated Cases Arrests Arrest Charges Arrest Warrants Businesses Case Logs Confiscations and Seizures Associated Employees Evidence Gangs and Groups Locations Media People Search Warrants Vehicles Watercraft va2-10 -PrOstitMon.f0M60 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Tinq Istagento Madwatta "Mao • Inuitio of Pay, rocintlein ad Minorcan! . CONFIDENTIAL Pmc J 44 SDNY_GM_003298 39 EFTA_00202565 EFTA01308894 Persons System Report Palm Beach Police two 1011812005 I/ON . 01/20/196.1 Aniilitino A I way Nutho Otho hbabto Sto/Alvlo ow. Ara Mor/7—ADULT °CYAN UM (414304474 315$ Cant, RO 56I 455-96.53 Palo Beath a Epstein.JeffieyE Adkna 358 El 8rillo Way Palm Beach. FL 33480 AP' is" 14"521 M Mi 0 tr#172 woo I woo-1Y1 I'm "ant CAUCASIAN WW -- --- mwaa-ir --- r; earn 300-1312600- /1 INTEL REPO No Photo Available Addresses 358 EL BRILLO WAY PALM BEACH, FL 33480 Import From Per: Associates Urtkno... Girlizi Media Maxwell, Ghislaine W/F X1 1 EPSTEIN17S Notes IMAGE EPSTEIN_175.JPG See Drug Trak Case #2002-10 See associate Ghislaine Maxwell 03-11-04 File I 2600 Det. Silvestri On 03-05-04, Sgt. completed an intel regarding a last unknown, who was giving a message to Jeffery Epstein at grille. stated that several times Epstien asked her to take off her top or her pants. She refused. I [contacted the police department later that day and wanted to make a complaint. She also said that she would work with police. I contacteda on 03-06-04 at 11:00 p.m. and introduced myself then told her that I wouild contact her at a later date. On 03-11-04, I left a message for to call me regarding the Epstion incident. Her phone number is name Investigation Continues File 2600 August 10, 2004 Dot. CONFIDENTIAL SONY_GM_003298 40 EFTA_00202566 EFTA01308895 Notes On August 10, 2004 I received an intelligence report written by Off. indicating that he had been flagged down by a taxi cab driver who had Just dropped off two unknown white females, who appeared to be approximately 15 and 17 yoa, at the residence of Epstein, 358 El Brillo Way. The taxi cab drive stated that he picked the females up in West Palm Beach and while traveling to Epstein's residence he overheard the females discussing how much money they would make "dating" in Palm Beach and possible drug use. Off. drove by the residence and observed two vehicles in the driveway, one registered to Epstein, a black Chevy V99YEE and a black Mercedes bearing FL U9080L, which came back as no record found. Det. would also complete a drive by later in the evening and observe a white female enter a small red vehicle, FL . This vehicle is registered to No further information regarding known criminal activity obtained; however, efforts will be made to commence trash pulls from Epstein's residence in the near future. Attached is the Intel report provided by Off. File 300 November 29, 2004 Dot. On November 29, 2004 I reviewed an intelligence report completed by Officer regarding According the report, Alfredo Rodriguez, who is the property manager for 358 El Brillo Way, which is the residence of Jeffrey Epstein, responded to the Police station to report that a suspicious vehicle was parked in the driveway of the residence. Upon arrival, Off. came into contact with who advised that she was there to pick up an envelope from the homeowner (Epstein). Rodriguez stated that Epstein did leave an envelope for land went inside to retrieve it. While waiting, received a phone call and stated, "I can't talk, I can't talk, I'm at school, I gotta go" before terminating the call. When questioned who had called I 'advised it was her mother. I I was advise that she works at Abercrombie and Fitch at the Wellington Green Mall and was introduced to Epstein through a friend who worked there. old that Epstein allows then to come over anytime and use the house and pool. would ask Rodriguez what was in the envelope that was given to I'll and was told it was money for being a message therapist. Rodriguez confided, "off the record, he (Epstein) has many young girls come over for that.. .there's always a different young girl at the pool or inside with him when he's here." Detectives will attempt contact with in the near future for possible follow-up assistance. Nothing further at this time. CC: Jeffrey Epstein File 2600 January 18, 2005 Det. Persons System Report for : Epstein, Jeffrey E CONFIDENTIAL S0NY_GM_00329841 EFTA 00202567 EFTA01308896 Notes On or about January of 2005, I located an article on the internet regarding Jeffrey Epstein. The article details some of the financial ventures and background regarding Epstein. According the this article, Epstein is a financial manager and only has a clientele with a net worth of 1 billion dollars. Attached is article for informational purposes. File$2600 Det: III 03/31/2005 On March 30, 2005, I was asked co begin conducting surveillance and trash pulls reference Detective investigating Epstein as a suspect involved in a sexual battery of a 14 year old female. I was advised that Epstein was possibly engaging in sexual contact with young females. March 30, 2005, I made contact with Town of Palm Beach Sanitation Office Supervisor, and requested trash pulls for 358E1 Brillo Way to begin on March 31, 2005. March 31, 2005 at 9:20 a.m., I met with Town of Palm Beach sanitation employee, Jeffrey who collected seventeen white plastic trash bags from Epstein's property and turned them over to me. I took the trash bags to the sanitation office were I sifted through them. I collected mail correspondence from Armani Exchange addressed to "Jeffrey E. Epstein" notepaper with , a important message notepaper addressed to J.E dated 03/29/05 at 8:15 p.m. reference Peggy Seagal, U.S Airways boarding pass copy for passenger, Janusz Banasiak, Montgomery County, Maryland Health Department food service ID 140140820 for Janusz Banasiak and Ghislaine Maxwell notepaper with names and phone numbers. Photocopies of the trash collected were attached with the supplement. March 31, 2005, at 3:00 p.m., I set up a surveillance vehicle equipped with a video monitoring device. The surveillance vehicle was parked approximately fifty foot east of Epstein's driveway, to monitor and record all vehicle and pedestrian traffic entering and leaving Epstein's property. Video surveillance was conducted near Epstein's property from March 31 through April 3, 2005. The video surveillance tapes were regularly changed out with new tape. Six Maxell T -160 VHS tapes wore reviewed for intelligence. The tapes were filed in the OCVAN office. End of supplement. Filel2600 Det: 04/01/2005 On April 01, 2005 at 9:30 a.m., while parked in the area of 358 El Brillo Way waiting to collect E stein's trash from public works, I observed a white female, who I recognized as from her Florida driver's license search I conducted from mail correspondence collected from the trash. I made no contact with . While parked in the area, I also observed Epstein's GMC Yukon truck leave the property as well as other vehicles arrive and park across the street from the property. The occupants of these vehicle appeared to be house workers, maintenance, and gardeners. At 9:38 a.m., I collected trash from sanitation employee, Jessie. I sifted through the trash and collected mail correspondence addressed to Jeffrey Epstein, automotive records and personal documents for Janusz Banasiak and Beata Banasiak as well as Persons System Report for: Epstein. Jeffrey E CONFIDENTIAL SONY_GM_00329842 EFTA 00202568 EFTA01308897 Notes "Jeffrey Epstein" notepaper with girls names and times 1-). I also found a three inch purple finger size object which had a broken end. The object appeared to be a broke piece from a sexual toy (Cyclone Vibrator) possibly used for rectal gratification. . The object was photographed for Detective packaged in a bio-hazard evidence bag (possible body fluids) and secured as investigative evidence. Copies of the trash collected were attached with the suppLement. End of supplement. Filet2600 Det: III 04/05/2005 On April 05, 2005 at 9:18 a.m., I collected trash from sanitation employee, Jessie. I transported the trash bags back to the sanitation site, where I sifted through the trash bags and collected mail correspondence addressed to Jeffrey Epstein as well as notepaper (Important Message) names and telephone numbers. The following aro items of paper collected from Epstein's trash. Joanne G. ( blank piece of white paper black paper ( black paper ( David 1 MSN Hotmail web page with email address The following items wore documented for Detective IIIIIII investigation prior to disposal. End of supplement. File: 2600 Det: 04/21/2005 During the month of April 2005, trash pull were conducted at 358 El Brillo Way to gather further intelligence related to Detective investigation of Jeffrey Epstein possibly being sexually involved with underage girls. Trash from Epstein's residence was collected by Palm Beach Sanitation employee, Jessie. The trash bags from Epstein's were turned directly over to me upon Jessie driving away from the property on most days, however if I was unable to met with Jessie, he would leave the Epstein's trash bags at a designated area at the sanitation office. All trash collected from Epstein's which included, mail correspondences addressed to Jeffrey Epstein, and other household members, notepad papers, with names, telephone numbers, notes and a three inch purple object that appeared to be part of a sexual toy were turned over to Detective The six Maxell T-160 vhs video tapes collected from the surveillance remained in my custody. End of supplement. Filet2600 Det: III 06/14/2005 Persons System Report for: Epstein, Jeffrey E CONFIDENTIAL SONY_GM_0032984a EFTA 00202569 EFTA01308898 Notes On June 14, 2005, Detective contacted me and advised that the airplane belonging to Jeffrey Epstein ii,1158 El Brillo Way was parked at Palm Beach International Airport. Detective requested that I begin trash pulls for the purpose of gather intelligence. I made contact with Tony Higgins of Palm Beach Sanitation and requested that on June 15, 2005, all of Epstein's trash be collected and transported to the sanitation department. End of supplement. File 100 September 12, 2005 Det. On or about September 11, 2005, I was arrested for possession of marijuana in the north end of the island during a traffic stop by Ott. case number 05-1263 for further information. Soo Previous intelligence indicates that) may have been paid money for sexual acts from Jeffrey Epstein. allillwould have been under the age of 18 at the time this act would have allegedly taken place. On September 12, 2005 I made telephone contact with at phone numbe VIIII]]stated that she was willing to speak with me about a resident on t e island involved in "disgusting activity". indicated that this person was of high influence and had 6 to seven assistants working for him. I stated that she has heard he also has police officers working for him. 'discussed her concerns about the marijuana arrest and stated that she is know living in outside of and would not be able to assist police. IllIpindicated that she would come to the police department today; however, it was determined by Capt. that she should be more thoroughly interviewed at a later date. Jacksonvilld It should be noted that Epstein's name was not mentioned during the entire conversation andallinwas instructed not discuss this matter with anyone else. indicated that she last spoke with Epstein through e-mail approximately 2 weeks ago. was further asked to save/document any future correspondence. Det. Bureau notified of III. information. Sgt. 05-368 2600 September 21, 2005 On Wednesday September 21, 2005 Detective requested that the trash at 358 El Brillo Way be collected for evidentiary purposes. I contacted Sanitation Supervisor Tony Higgins at ext 7041 and requested that the trash be collected while an investigator observes the collection. He then contacted Jeff Williams, who is the employee on that route and informed him to contact me prior to picking up the trash. At 9:30 a.m., I had not received a call from Mr. Williams so I responded to the area to wait for him to arrive. As I approached El Brill° Way, I observed Jeff Williams driving his collection vehicle eastbound on El Brillo to South County Road. I met with Williams on South County Road and collected four bags from the back of his truck. I then responded to the Police Department and informed Detective that I would search through the trash. He then met with me in the basement area an assisted in the search for items. Several items of paper with information either typed or handwritten was taken into evidence. Persons System Report for: Epstein, Jeffrey E CONFIDENTIAL SDNY_GM_00329844 EFTA 00202570 EFTA01308899 Notes Contact was made with Supervisor Higgins, to request that trash be collected again on Friday September 23, 2005. Investigation Continuing. File 2600 September 23, 2005 Det. On or about September 23, 2005 at approximately 0915 hours, I responded to 358 El Brillo and met with PB Sanitation worker Jeff Williams. I observed Williams enter the driveway of 358 El Brillo and remove several plastic bags of trash and place the contents into the back of an empty sanitation truck. I then followed Williams to a predetermined location and seized the trash from the truck. The trash was transported to the Palm Beach Police Department where I began sifting through its contents. There were a total of 4 white in color plastic bags and each contained documentation and correspondence for 358 El Brillo and Jeffrey Epstein. All documents of evidentiary value were removed and turned over to Det. for follow-up. No further action taken. File 2600 September 23, 2005 Det. On or about September 26, 2005 at approximately 0900 hours, I responded to 358 El Brillo and met with PB Sanitation worker Jessie Jones. I observed Jones enter the driveway of 358 El Brillo, where no trash was located within the receptacles. I left the area without incident and notified Det. to that affect. On or about September 27, 2005 at approximately 0915 hours, I responded to 358 El Brillo and met with PB Sanitation worker Jesse Jones. I observed Jones enter the driveway of 358 El Brillo and remove one plastic bag of trash and place it in the back of an empty sanitation truck. I then followed Jones to a predetermined location and seized the trash from the truck. The trash was transported to the Palm Beach Police Department where I began sifting through its contents. There were a total of 1 white in color plastic bag which contained correspondence for 358 El Brillo. All documents of evidentiary value were removed and turned over to Det. for follow-up. No further action taken. On or about Monday October 3, 2005 at approximately 0915 hours, I responded to 358 El Brillo and met with PB Sanitation worker Jeff Williams. I observed Williams enter the driveway of 358 El Brillo and remove several plastic bags of trash and place the contents into the back of an empty sanitation truck. I then followed Williams to a predetermined location and seized the trash from the truck. The trash was transported to the Palm Beach Police Department where I began sifting through its contents. There were a total of 7 white in color plastic bags with a red tie and 1 black in color bag which contained 2 white in color plastic bags with a red tie. Each of the bags contained documentation and correspondence for 358 El Brillo and Jeffrey Epstein. Also located was a broken piece of a hard Persons System Report for FpsPip Jeffrey F CONFIDENTIAL SDNY_GM_00329845 EFTA_00202571 EFTA01308900 Notes plastic or clear acrylic stick, which was shaped with small ridges. This device is commonly used as a sexual toy which is inserted into the vagina or anus for stimulation. This item, along with all documents of evidentiary value were removed and turned over to Dot. for follow-up. On or about Tuesday October 4, 2005 at approximately 0928 hours, I responded to 358 El Brillo and met with PB Sanitation worker Jeff Williams. I observed Williams enter the driveway of 358 El Brillo and remove several plastic bags of trash and place the contents into the side well of the sanitation truck. This side of the truck is separate from the rear of the truck and does not come into contact with other Crash. I then followed Williams to a predetermined location and seized the trash from the truck. The trash was transported to the Palm Beach Police Department where I began sifting through its contents. There were a total of 2 white in color plastic bags which were tied at the top. Each of the bags contained documentation and correspondence for 358 El Brillo and Jeffrey Epstein. All documents of evidentiary value were removed and turned over to Det. for follow-up. File 2600 October 5, 2005 Det. PBPD 5-3 On or about Wednesday October 5, 2005 at approximately 0928 hours, I responded to 358 El Brillo and met with PB Sanitation worker Jeff Williams. I observed Williams enter the driveway of 358 El Brillo and remove several plastic bags of trash and place the contents into the bed of the sanitation truck. I then followed Williams to a predetermined location and seized the trash from the truck. The trash was transported to the Palm Beach Police Department where I began sifting through its contents, with the assistance of Det. . There were a total of 2 bags, one of which was white in color and tied in a knot at the top, and the other was a black in color bag, which contained two white in color trash bags along with loose debris. Each of the bags contained documentation and correspondence for 358 El Brillo and Jeffrey Epstein. All documents of evidentiary value were removed and turned over to Det. for follow-up. File 2600 October 5, 2005 Det. PBPD 05-368 On Friday, October 7, 2005 at approximately 0923 hours, I responded to 358 El Brillo and met with PB Sanitation worker Jeff Williams. I observed Williams enter the driveway of 358 El Brillo and remove several plastic bags of trash and place the contents into the bed of an empty sanitation truck. I then followed Williams to a predetermined location and seized the trash from the truck. The trash was transported to the Palm Beach Police Department where I began sifting through its contents. There were a total of 3 bags, one of which was white in color and tied in a knot at the top, and the other two bags were black in color. One bag contained documentation and correspondence for Jeffrey Epstein, which was copied and given to Det. for informational purpose. It is described as a white piece of stationary with "Jeffrey E. Epstein" typed at the bottom. Handwritten on the letter was, "Luba Sunday 100 (1:00), Improve Saturday 1500 Bay Road Miami Flamingos Beach". Nothing of evidentiary value was located. Persons System Report for: Epstein, Jeffrey E CONFIDENTIAL SDNY_GM_003298 46 EFTA_00202572 EFTA01308901 Notes File 2600 October 5, 2005 Det. PBPD 5-3 On Monday, October 10, 2005 at approximately 0943 hours, I responded to 358 El Brillo and met with PO Sanitation worker Jeff Williams. I observed Williams enter the driveway of 358 El Brillo and remove a plastic bag of trash and place it into the bed of an empty sanitation truck. I then followed Williams to a predetermined location and seized the trash from the truck. Tho trash was transported to the Palm Beach Police Department where I began sifting through its contents. There was ono white in color plastic bag which was tied in a knot at the top. The bag contained nothing of evidentiary vaLuo. NOTE: AS OF 10/11/2005 ALL NEW FILED 2600-8 Links SUPPLEMENTS FOR JEFFREY EPSTEIN SHOULD BE Activities Addresses Aircraft Aliases Arrests and Charges Arrest Warrants Associates Businesses Cases Gangs and Groups Locations Media Telephone Numbers Vehicles Watercraft - 2 Persons System Report for: Epstein, Jeffrey E CONFIDENTIAL SONY_GM_003298 47 EFTA_00202573 EFTA01308902 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA B.B., Plaintiff, v. JEFFREY EPSTEIN, Defendant. CASE NO. 502008CA03711 19XXXXMB AB NON-PARTY TOWN OF PALM BEACH POLICE OFFICERS' MOTION TO QUASH SUBPOENAS AND/OR MOTION FOR PROTECTIVE ORDER Non-parties, former Town of Palm Beach Chief of Police Michael Reiter, Captain George le Detective Joseph , Detective Detective a, and the Town of Palm Beach Police Department Record Custodian (collectively 'Town of Palm Beach Police Officers"), hereby move to quash the subpoena or for a protective order pursuant to Florida Rule of Civil Procedure 1.280(c) directing that discovery sought by the civil subpoenas for deposition issued by Plaintiff, B.B , and the cross-notices with subpoenas for deposition duces tecum issued by Defendant, JEFFREY EPSTEIN, in the underlying action, attached as Composite Exhibit A, not be had or that the discovery may be had only on specified terms. In further support, the Town of Palm Beach Police Officers state as follows: SUMMARY OF ARGUMENT Al issue here Is whether certain documents and associated testimony sought by Mr. Epstein, including personal cell phone records, calendars and diaries and surveillance information, constitute public records subject to disclosure or are statutorily CONFIDENTIAL SDNY_GM_00329848 EFTA_00202574 EFTA01308903 protected from disclosure under Florida's Public Records Law, Section 119.071 Fla Stat., and if the documents and testimony sought constitute private records of the individual officers not otherwise statutorily protected, whether Mr. Epstein's requests are improper as not likely to lead to the discovery of admissible evidence and overly broad. The Town of Palm Beach Police Officers respectfully submit that the Epstein duces tecum constitutes a fishing expedition into the private and confidential matters of these non-parties that do not constitute matters of public record under the Florida Public Records Law and bear little relationship to the issues in this civil litigation. The duces tecum is intended solely to harass these non-parties in advance of their depositions. As set forth in detail below, the Epstein duces tecum seeks a broad range of statutorily protected information not just regarding these law enforcement officers and the crime victims associated with Mr. Epstein's investigation, but a broad range of protected information regarding other crime investigations undertaken by the Town over a 5-year period. BACKGROUND By this and related suits,' an alleged minor victim of lewd acts and/or prostitution has filed a civil suit against Mr. Epstein for sexual battery and intentional infliction of emotional distress. Mr. Epstein was the subject of an investigation by the Town of Palm Beach Police Department in 2005 and 2006, which investigation resulted in the issuance of a Probable Cause Affidavit for Mr. Epstein and others in May 2006. ' A number of related cases are pending against Mr Epstein in Florida slate and federal courts In May 2009, the related federal court cases were consolidated before Judge Kenneth Marra for discovery and procedural purposes. Judge Marra directed that witnesses common to the multiple cases would be deposed only once. Undersigned counsel understands from conversations with counsel for Mr. Epstein and the Plaintiff in this case that counsel in the related state court actions have acted in accordance with Judge Marra's order to depose witnesses common to the stale and federal cases only once 2 CONFIDENTIAL SDNY_GM_00329849 EFTA_00202575 EFTA01308904 Following the issuance of the Probable Cause Affidavits, the Town's investigation ceased and the matter was referred to the appropriate state and federal law enforcement authorities. Mr. Epstein ultimately pled guilty and was sentenced by the State Attorney to incarceration for a period of 12 months in county jail and designated a sex offender. Counsel for Plaintiff first subpoenaed the Town of Palm Beach Police Officers for deposition in October 2009. Those subpoenas did not include any duces tecum. Thereafter. Epstein's counsel cross-noticed the depositions and served the Town of Palm Beach Police Officers with subpoenas duces tecum the Epstein duces tecums). With the exception of the Epstein duces tecum issued to the Records Custodian, which additionally seeks state grand jury testimony (No. 7) and personnel records of Chief Reiter and Detectives and (No. 19), the Epstein duces tecum served on the Town of Palm Beach Police Officers are identical. Epstein's extremely broad document requests to the Town of Palm Beach Police Officers are detailed in more than twenty (20) separate requests, many with multiple subparts. Among other things, the Epstein duces tecum requests the following: • Video and Physical Surveillance: Any and all logs, pictures, videos, digital information, reports, memoranda or notes, and any record of expenditure, which relate to video or physical surveillance of Mr. Epstein, his residence or his visitors (or, with regard to physical surveillance, any individual believed to be a potential witness or co-conspirator) from January 1, 2004 to the present (Nos. 11-12); • Cell Phone Records: All cell phone records, both official cell phone and personal cell phone, used by the Police Officers from January 1, 2004 through the present (No. 15); • Calendars or Diaries: All calendars or diaries, electronic or hard-copy kept from October 1, 2004 through and including today (No. 16). 3 CONFIDENTIAL SDNY_GM_00329850 EFTA_00202576 EFTA01308905 LEGAL ARGUMENT Florida Rule of Civil Procedure 1.280(c) allows a person from whom discovery is sought to move for an order to protect that person from annoyance, oppression or undue burden by directing "(1) that the discovery not be had; (2) that the discovery may be had only on specified terms and conditions .... that certain matters not be inquired into, or that the scope of the discovery be limited to certain matters. . Rule 1.280(14(1) provides that parties "may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter of the pending action. " As federal courts have observed in construing identical language under the Federal Rules of Civil Procedure, 'requested information is not relevant to 'subject matter involved' in the pending action if the inquiry is based on the party's mere suspicion or speculation? Micro Motion, Inc. v. Kane Steel Co.. Inc., 894 F.2d 1318, 1325-26 (Fed. Cir. 1990).3 "A trial court has authority to prevent discovery which it believes is a mere fishing expedition calculated for harassment" Sugarmill Woods Civic Association. Inc. v. Southem States Utilities 687 So. 2d 1346, 1351 (Fla. 1st DCA 1997) Where it has been affirmatively established that the discovery sought is neither relevant nor will lead to the discovery of relevant information, a trial court has discretion to deny the irrelevant discovery. Allstate Insurance Company v. Langston 655 So. 2d 91, 95 (Fla. 1995): Residence Inn by Marriott v. Cecile Resort, Ltd. 822 So. 2d 548, 550 (Fla. 5th DCA 2002) (agreeing that carte blanche discovery of material Is impermissible and noting that the record was insufficient regarding the relevancy of the requested documents). 3 Florida courts look to the federal rules and decisions for guidance in interpreting Florida's civil procedure rules" so as to harmonize the Florida and federal rules. Gleneaole Shit) Montt. v. Leondakos , 602 So 2d 1282, 1283-84 (Fla 1992) 4 CONFIDENTIAL SDNY_GM_0032985 1 EFTA_00202577 EFTA01308906 A. Information Regarding Crime Victims; Victims of Sexual Offenses; Minor Victims As a threshold matter, the Town states that in accordance with its obligations under Section 119.07 of the Florida Public Records Law, any documents and testimony provided in response to the Epstein duces tecum will be redacted and/or limited to protect those matters excepted from disclosure including, but not limited to, the home addresses and telephone numbers of the law enforcement personnel and any identifying information regarding the victims. Such redaction is necessary because of the broad range of criminal intelligence and investigative information regarding minor victims of sexual offenses under Florida Statutes Chapter 794 and/or 800 sought by the Epstein duces tecum. Such information is carefully protected under the Public Records Law. Fla. Stat. § 119.071(2)Q) (excepting from disclosure any document that reveals the identity, home or employment telephone number, home or employment address, or personal assets of the victim of a crime, including the crime of sexual battery, and identifies that person as the victim of a crime); Fla. Stat. § 119.071(2)(h)1 b (excepting any information which may reveal the identity of a person who is a victim of a sexual offense, including a sexual offense proscribed in Chapters 794 and 800). Likewise, the Town of Palm Beach Police Officers will not provide testimony or documents that reflect their own exempted personal information including their home addresses, telephone numbers and social security numbers. Chapter 119.071 of the Florida Public Records Law specifically exempts from disclosure personal information belonging to law enforcement personnel and their families as well as personal information for crime victims, including minor victims and victims of sexual offenses. "The home addresses, telephone numbers, social security numbers and photographs of 5 CONFIDENTIAL SDNY_GM_0032985 2 EFTA_00202578 EFTA01308907 active or former law enforcement personnel" are exempt from statutory disclosure provisions Fla. Stet § 119.071(4)(d)1.a; Atty. Gen. Op. 2007-21 (Apr. 25, 2007) (sworn officers of a police department fall within this exemption as 'law enforcement personnel"). Along with the places of employment, the same information is protected relative to the spouses and children of such law enforcement personnel. B. Private or Personal Information Belonging To the Town of Palm Beach Police Officers The Epstein duces tecum seeks a number of documents including all cell phone records, calendars and diaries used or created by the Town of Palm Beach Police Officers from January 1, 2004 to the present. These requests clearly encompass personal records not covered by the Public Records Law. Moreover, the requests cover a five-year time period, are not limited in any way to matters involving Mr. Epstein and are therefore overly broad and not likely to lead to the discovery of admissible evidence. 1. arsons: Calendars and Diaries (Request No. 16) Mr. Epstein is not entitled to obtain "[ajll calendars or diaries" kept by the Town of Palm Beach Police Officers from January 1, 2004 to the present because these documents are not public records subject to disclosure and because these records may contain statutorily excepted information regarding the law enforcement personnel themselves and other criminal investigations. Section 119.011(1), Florida Statutes, defines "public records" to include. All documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency. (emphasis added) 6 CONFIDENTIAL SDNY_GM_0032985 3 EFTA_00202579 EFTA01308908 Documents and other information that is not "made or received" in connection with the "transaction of official business' are not public records subject to disclosure. Times Publ'q Co. v. City of Clearwater, 830 So 2d 844, 847 (Fla. 2d DCA 2002) (holding private or personal e-mails stores in government computers do not automatically become public records). Personal calendars and diaries do not constitute public records because they are not actions of government, but merely personal notes or work papers created for the convenience of the individual keeping the calendar. Florida courts have consistently held that under Chapter 119, public employees' notes to themselves and designated for their own personal use in remembering certain things do not fall within the definition of "public record." The Justice Coalition v. First DCA Nominating Comm'n 823 So. 2d 185. 192 (Fla. 151 DCA 2002) (citing t.opez v. State 696 So. 2d 725 (Fla. 1997); Times Pub. Co. v. City of St. Petersburg, 558 So. 2d 487, 491-92 (Fla. 2d DCA 1990) (notes which "serve no governmental function" but are 'merely the personal tools of recollection of the writer' are not public records) As one court has observed, ... the cases consistently hold that personal notes, as well as telephone messages and daily appointment calendars are not public records. This is because they are generally created solely for the individual's convenience or to refresh the writer's memory, are maintained in a way indicating a private purpose, are not circulated or intended for distribution within agency channels, are not under agency control, and may be discarded at the writers sole discretion. Yacobellis v. City of Bellingham 780 P,2d 272, 275-76 (Wash. App. 1989) (collecting cases). See also Bur. of Nat'l Affairs v. U.S. Delft. of Justice 742 F.3d 1484 (D.C. Cir. 1984) (holding that personal appointment materials, such as calendars and daily agendas for the convenience of Assistant Attorney General, are not agency records 7 CONFIDENTIAL SDNY_GM_00329854 EFTA_00202580 EFTA01308909 under the Freedom of Information Act)" Union. United Auto., Aerospace & Agricultural Implement Workers of Am. v. Voinovich 654 N.E.2d 139, 142-43 (Ohio App. 1995) (holding governors personal calendars and appointment books were not "public records" subject to disclosure under public records statute where calendars and appointment books were created and maintained solely for governors personal convenience, were not circulated within office for any official purpose, were not under control of governors office, could be discarded at any time, and did not serve to document any official activities or functions of governor); Courier-Journal v. Jones 895 S.W.2d 6 (Ky. App. 1995) (same). 2. Cellular Telephone Records (Request No. 15) Mr. Epstein's request for lajll cell phone records" from 2004 to the presen1 is similarly improper as it not only seeks private, non-public records, but statutorily protected information regarding the law enforcement officers who made the calls and the persons to whom calls were made including, but not limited, to family members. crime victims and confidential informants. As with personal or private e-mails stored in government computers, private phone calls that were not created or received in connection with official business do not become public records simply because they are made on a government issued telephone. See Media Gen'l Operation. Inc. v. Feeney 849 So. 2d 3 (Fla. 15' DCA 2003) (private or personal cellular telephone calls of five staff employees of House of Representatives were not public records)' Times Publics Co., 830 So. 2d at 847. See also State v. Ohio Atty. Gen. 910 N.E.2d 504, 677-78(Ohio Ct. App 2009) (holding cell phone number of state trooper was not a "public record" subject to disclosure under public records act); Gannett N.J. Partners v. Ctv. of Middlesex 877 8 CONFIDENTIAL SDNY_GM_0032985 5 EFTA_00202581 EFTA01308910 A 2d 330 (N.J. Super. Ct. App. Div. 2005) (finding news organization not entitled to disclosure of the telephone billing records of county officials under the state's open public records act, observing that public officials and persons they talk to have a right to confidentiality, public records act excepted from "public records" the "unlisted telephone number' of any person and there was no practical way to prevent disclosure of such numbers, and voluminous request for 12 months worth of records would disrupt agency operations). C. Surveillance Techniques, Procedure or Personnel The Town of Palm Beach Police Officers do not dispute that if they possessed any surveillance tapes or photographs of Mr. Epstein during the time of the investigation in 2005 and 2006, which they do not, that such evidence may be subject to disclosure if it did not identify the victims of contain any other statutorily protected information. However, Mr. Epstein is not entitled to any testimony or documents regarding the techniques, procedure or personnel involved in any video or physical surveillance of Mr. Epstein. See Epstein duces tecum, Nos. 11-12. Any information revealing law enforcement surveillance techniques, procedures or personnel is clearly exempt from public inspection under the Public Records Law. Fla. Stat. §119.071(2Xd), referring to Section 24(a), Art. I, Fla. Const. D. Epstein's Requests are Unduly Burdensome Finally, even if subject to disclosure under the Public Records Law, Mr. Epstein's request for la]ll cell phone records" and "(alit calendars and diaries", whether in hard- copy or electronic format, for the Town of Palm Beach Police Officers for a 5-year period is not only overly broad and not likely to lead to the discovery of admissible 9 CONFIDENTIAL SDNY_GM_00329856 EFTA 00202582 EFTA01308911 evidence, it is unduly burdensome. In addition to the time needed to initially gather these records, considerable effort would be required to review them to determine whether they contain statutorily protected information excepted under Section 119.071 of the Public Records Law and to thereafter redact that information in order to protect the identities of crime victims, undercover personnel, confidential informants, etc. which bear absolutely no relation to this case and are entitled to have their privacy protected. The Town of Palm Beach Police Officers respectfully request that should the Court overruled its other objections to the requested discovery, that they be given the opportunity to provide evidence in support of their claim of undue burden. WHEREFORE, the Town of Palm Beach Police Officers respectfully request that the Court enter an Order pursuant to Florida Rule of Civil Procedure 1.280(c) directing that the Epstein duces tecum be quashed as set forth herein and that the Court grant the Town of Palm Beach Police Department all other relief deemed just and proper under the circumstances. 10 CONFIDENTIAL SDNY_GM_00329857 EFTA_00202583 EFTA01308912 I HEREBY CERTIFY that a true copy of the foregoing instrument has been furnished by facsimile and United States mail to Theodor J. Leopold, Esquire and Spencer T. Kuvin, Esquire, Leopold-Kuvin, P.A., 2925 PGA Boulevard, Suite 200, Palm Beach Gardens, Florida 33410; Jack Alan Goldberger, Esquire, Atterbury Goldberger & Weiss, P.A. 250 Australian Avenue South, Suite 1400, West Palm Beach, Florida 33401-5012; and Robert D. Critton, Jr., Esquire, Burman, Critton, Luttier & Coleman, LLP, 515 North Flagler Drive, Suite 400, West Palm Beach, Florida 33401, this 20th day of November, 2009. JONES, FOSTER, JOHNSTON & STUBBS, P.A. 505 South Flagler Drive, Suite 1100 Post Office Box 3475 West Palm Beach, Florida 33402-3475 Telephone: 561-659-3000 Facsimile: 561-650-0465 7,4'er By / John C. Randolph Florida Bar No. 129000 irandolpheiones-foster.com Cf1Documents and SettingslSS