EFTA00186590.pdf

0 EFTA00186590 AO 93 (Rev. 5/85) Search Warrant United States District Court SOUTHERN DISTRICT OF FLORIDA In the Matter of the Search of (Name, address or brief description of property or premises to be searched) SEARCH WARRANT One Ritz Big Print Digital Film 128 Megabyte CompactFlash memory card, CASE NUMBER 08-8067-LRJ marked 3608128AW4801CF53 in the custody of the Federal Bureau of Investigation TO: ■ FEDERAL BUREAU OF INVESTIGATION , and any Authorized Officer of the United States: E. who has reason to Affidavit(s) having been made before me by ant believe that Ei on the person of or E on the premises known as (name, description and/or location) One Ritz Big Print Digital Film 128 Megabyte CompactFlash memory card, marked 3608128AW4801CF53 in the custody of the Federal Bureau of Investigation, 505 S. Flagler Drive, Suite 500, West Palm Beach, Florida SOUTHERN District of FLORIDA there is now in the concealed a certain person or property, namely icinathe the person or properly) the electronic information contained in that CompactFlash memory card, lities of such which is property that constitutes evidence of the commission of a criminal offense, instrumenta 2252, 2252A, 2422, and violations; and any fruits of those crimes, that is, violations of 18 U.S.C. §§ 371, 1591, 2423. to believe that the person I am satisfied that the affidavit(s) and any recorded testimony establish probable cause establish grounds for the or property so described is now concealed on the person or premises above-described and issuance of this warrant. YOU ARE HER OMMANDED to search on or before 7 (Date) he person or I v.- e person or property specified, serving this warrant nd making the search " - 6:00 A.M. to 10:00 )(at any time in the day or night as I find asorlible cause has been estaftlo..d)) turd -if - tftaper operty be found there to seize same, leaving a copy of this warrant and receipt for the person or property taken, and prepare a written inventory of the person or property seized and promptly return this warrant to the duty Magistrate Judge as required by law. 3 - / • 4,: iarb_at PALM BEACH, FLORIDA Date and Time Issued city and State Certified I. be trha awl correct copy of te (f LINNEA R. JOHNSON Steven oment on fits artmore, k, United States Magistrate Judge Name and Title of Judicial Officer '' <)iii :(; ut c p Sig (Oa EFTA00186591  UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA 08-8067-LRJ IN RE: SEARCH WARRANT APPLICATION SEAL ORDER GRANTING UNITED STATES' MOTION TO s' Motion to Seal the This matter comes before the Court upon the United State Court being fully apprised in the documents related to its Search Warrant Application. The premises, orders that the motion is hereby GRANTED. Beach, Florida, this / 7 day of DONE AND ORDERED in chambers, in West Palm March, 2008. LINNEA R. JOHNSO UNITED STA GLSTRATE JUDGE cc: AUSA Certified to be rh true and COMIC! copy o docurif!:4t on file Steven srimore ^rk, U. pr:•tnc t t:t I Sout rn DitAnct ul i‘ I ri Deputwelei ate EFTA00186592 (Rev. 06/2005)Seakd Document Tricking Rem UNITED STATES DISTRICT COURT Southern District of Florida Number: 08.8067-LRJ In Re SEARCH WARRANT APPLICATION SEALED DOCUMENT TRACKING FORM Name: . u.s. Attorneys Office Party Filing Matter Under Seal FL 33401 Address: 500 S. Australian Ave, Suite 400, West Palm Beach, Telephone:' 0 Plaintiff O Defendant On behalf of (select one): Date sealed document filed: 3,17/2008 R. Crim. P. 6(e) (Grand Jury Material) If sealed pursuant to statute, cite statute: Fed. of order and docket entry number. If sealed pursuant to previously entered protective order, date The matter should remain sealed until: 0 Arrest of First Defendant O Conclusion of Trial 0 Conclusion of Direct Appeal O Case Closing ❑ Other: O Permanently. Specify the authorizing law, rule, court order: s, the filed matter should be (select one): The moving party requests that when the sealing period expire O Destroyed ▪ Unsealed and placed in the public portion of the court file O Returned to the party or counsel for the party, as identified above Attorney for: Movant United Stales ofAmerice EFTA00186593  UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA 08-8067-LR1 1N RE: SEARCH WARRANT APPLICATION MOTION TO FILE DOCUMENTS UNDER SEAL tant United States The Unite d States of America, by and through the undersigned Assis Warrant for the following reasons: Attorney, hereby moves to seal its Application for Search ongoing grand jury 1. The attached documents contain information relating to an records and orders related to the grand- investigation; thus, pursuant to Fed. R. Crim. P. 6(eX6), all and as long as necessary to prevent the jury proceedings must be kept under seal to the extent jury. unauthorized disclosure of a matter occurring before the grand nal investigation, notify 2. Public disclosure of this matter would jeopardize the crimi st and the function of the grand jury. potential subjects and/or targets and undermine the public intere aforementioned documents WHEREFORE, the United States respectfully requests that the be sealed. Respectfully submitted, R. ALEXANDER ACOSTA UNITED STATES ATTORNEY By: ssistant United States Attorne on a ar o. 500 South Australian venue, Suite 400 West Palm Beach FL 33401 Telephone: Facsimile: EFTA00186594  h Warrant AO 106 (Rev. 5/85) Affidavit for Searc United States District Court DISTRICT OF FLORIDA SOUTHERN In the Matter of the Search of to be searched) (Name, address or brkf description of pen.* APPLICATION AND AFFIDAVIT One Ritz Big Print Digital Film ry card FOR SEARCH WARRANT 128 Megabyte CompactFlash memo marked 3608128AW4801CF53 CASE NUMBER: 08-8067-LRJ of Investigation in the custody of the Federal Bureau being duly sworn, depose and say: of Investigation , and have reason to believe I am a Special Agent, Federal Bureau cription and/or location): that on the person of or X on the premises known as (name, des gabyte CompactFlash memory card, One Ritz Big Print Digital Film 128 Me marked 3608128AW4801CF53, Investigation in the custody of the Federal Bureau of Palm Beach, Florida 505 S. Flagler Drive, Suite 500, West District of Florida in the Southern or property): on or property, namely (describe the person there is now concealed a certain pers in that CompactFlash memory card, the electronic information contained Procedure) e alleg ed grou nds for sear ch and seiz ure unde r Rule 41(b) of the Federal Rules of Criminal e, which iS (giv cern ing viol ations of Title 18, United States Cod and frui ts of a crim e, con evidence, instrumentalities, and 2423. Sections 371, 1591, 2252, 2252A, 2422, Search Warrant are as follows: The facts to support the issuance of a see Attached Affidavit of E. Continued on the attached sheet and made a part her E. Special Agent Federal Bureau of Investigation my presence: Sworn to before me, and subscribed in Date LINNEA R. JOHNSON UNITED STATES MAGISTRA Name and Title of Judicial Offic EFTA00186595  AFFIDAVIT I, E. (the "Affiant"), being duly sworn, depose and state: n ("FBI") and have been 1. I am a Special Agent with the Federal Bureau of Investigatio ed to PB-2, the Violent Crimes and so employed for the past ten (10) years. I am currently assign Agency, Miami Division. Among my Major Offenses Squad of the Palm Beach County Resident again st children, particularly offenses responsibilities as a Special Agent are investigating crimes involving child pornography and the exploitation of children. d States of America for 2. I make this affidavit in support of an application by the Unite ions of Title 18, United States Code, issuance of a warrant to search and seize evidence of violat mentalities of such violations; and any Sections 371, 1591, 2252, 2252A, 2422, and 2423; instru ically two 128MB CompactFlash fruits of those crimes located within electronic media, specif Palm Beach Police Department("PBPD") memory cards, seized in October 2005 by The Town of the premises located at 358 El Brillo during the execution of a State of Florida search warrant at in (hereinafter, "Epstein's residence"). Way, Palm Beach, Florida 33480, owned by Jeffrey Epste ibed as follows: (a) one Ritz Big Print Those CompactFlash memory cards are more fully descr d 3608128AW4801CF53, and (b) Digital Film 128 Megabyte CompactFlash memory card, marke Megabyte CompactFlash memory card, marked one PNY Technologies 128 jointly referred to as "CompactFlash THNCF128MMA(T00CB) 999223 TAIWAN 0247 (hereinafter memory cards"). nal knowledge, information 3. The facts set forth in this affidavit are based on my perso law enforcement officers, my review of obtained in this investigation from others, including other ation gained through my training and documents and records related to this investigation, and inform -1- EFTA00186596  the limited purpo se of securing a search experience. Since this affidavit is being submitted for me concerning this investigation, but have warrant, I have not included each and every fact known to ble cause to believe that evidence, set forth only those facts necessary to establish proba of Title 18, United States Code, Sections instrumentalities, and fruits of crimes, that is violations within the CompactFlash memory cards, 371, 1591, 2252, 2252A, 2422, and 2423 will be found specifically the electronic information contained therein. The Statutes Involved 18, United States Code, 4. The investigation involves possible violations of Title provide as follows: Sections 371, 1591, 2252, 2252A, 2422, and 2423, which persons to conspire to a. 18 U.S.C. § 371 makes it an offense for two or more commit an offense against the United States; e to knowingly, in or b. 18 U.S.C. § 1591(a) makes it an offense for anyon obtain by any means a person , knowing affecting interstate commerce, recruit, entice, provide, or be caused to engage in a commercial sex that the person has not attained the age of eighteen and will act; facture, possession, c. 18 U.S.C. §§ 2252 and 2252A prohibit the manu distribution, and receipt of child pornography; interstate commerce, d. 18 U.S.C. § 2422(b) prohibits the use of a facility of to engage in prostitution or any sexual including the telephone, to persuade, induce, or entice a minor nal offense; and activity for which any person can be charged with a crimi travel in interstate e. 18 U.S.C. § 2423(b) makes it an offense for anyone to l conduct with another person. "Illicit commerce for the purpose of engaging in any illicit sexua -2- EFTA00186597  n under eighteen or other sexual conduct sexual conduct" includes a commercial sex act with a perso with a person under the age of sixteen. can be charged with a 5. Section 2422(b) refers to activity "for which any person criminal offense." Pursuant to: or older who a. Florida Statutes Section 794.05, a "person 24 years of age of age commits a felony of the second engages in sexual activity with a person 16 or 17 years degree;" [of the victim] b. Florida Statutes Section 794.021, "ignorance of the age age by [the victim] nor a bona fide is no defense," and that neither "misrepresentation of be a defense;" belief that such person is over the specified age [shall] 4(5)(c)(2), an adult c. Florida Statutes Sections 800.04(5)(a) and 800.0 er the breasts, genitals, genital area, "who intentionally touches in a lewd or lascivious mann less than 16 years of age, or forces or or buttocks, or the clothing covering them, of a person trator, commits lewd or lascivious entices a person under 16 years of age to so touch the perpe the victim is 12 years of age or older molestation," which is a felony of the second degree if but less than 16 years of age; an adult "who d. Florida Statutes Sections 800.04(6)(a) and 800.04(6)(b), in a lewd or lascivious manner or [i]ntentionally touches a person under 16 years of age or lascivious act commits lewd or [s]olicits a person under 16 years of age to commit a lewd e; lascivious conduct," which is a felony of the second degre -3- EFTA00186598  c), an adult "who: e. Florida Statutes Sections 800.04(7)(a) and 800.04(7)( ses the genitals in a lewd or lascivious (1) [i]ntentionally masturbates; (2) [i]ntentionally expo l act that does not involve actual manner; or (3) [i]ntentionally commits any other sexua not limited to . . . the simulation of physical or sexual contact with the victim, including, but victim who is less than 16 years of age, any act involving sexual activity in the presence of a y of the second degree. commits lewd or lascivious exhibition," which is a felon victim's lack of f. Florida Statutes Section 800.04(2), "[n]either the s proscribed by [Section 800.04]." chastity nor the victim's consent is a defense to the crime 's ignorance of the g. Florida Statutes Section 800.04(3), "[t]he perpetrator age, or the perpetrator's bona fide victim's age, the victim's misrepresentation of his or her se in a prosecution under [Section belief of the victim's age cannot be raised as a defen 800.04]." its any unnatural h. Florida Statutes Section 800.02, a "person who comm misdemeanor of the second degree." and lascivious act with another person commits a The Epstein Investigation 6. In the Spring of 2006, Detective with the Town of Palm Beach Police y Epstein's solicitation of minors to Department contacted me about the investigation of Jeffre with minors. The FBI opened a case file engage in prostitution and his lewd and lascivious conduct the investigation. in July 2006, and your Affiant is the case agent assigned to n, the U.S. Attorney's 7. At around the same time that the FBI opened its investigatio one of the agents on the Federal Rule of Office began a grand jury investigation. Your Affiant is -4- EFTA00186599  ss to the facts of the someone who is authorized to have acce Criminal Procedure 6(e) list, that is, eto. investigation and the materials related ther ation, a subpoena was issued for all of the 8. As part of the Federal Grand Jury investig g the evidence ng the course of its investigation, includin physical evidence obtained by PBPD duri 2005. Included war rant at Epstein's residence in October seized when PBPD executed the search memory cards. of the Premises were the two CompactFlash in the evidence seized during the search nude young ude d a number of photographs of topless and I have reviewed that evidence, which incl memory cards evid ence, including the two CompactFlash women taken at Epstein's residence. The Bureau of , have been in the custody of the Federal that are the subject of this application were not been tampered with or altered. Prior to that, they Investigation since August 2006 and have and of the Palm Beach Police Department, and I underst in the custody of the Evidence Custodian or altered whi le in PBPD's custody. that the evidence was not tampered with rneys have alleged that Detective 9. I note that I am aware that Epstein's atto to for the state sear ch warrant, but they have not moved made misstatements in his application tion with the prosecut ion of Epstein by the State Attorney's suppress any of that evidence in connec the application for ion. No federal agency was involved in Office for felony solicitation of prostitut ined through the this application is based upon evidence obta or execution of the search warrant, and FBI's independent investigation. e ation, federal agents have interviewed mor 10. During the course of the federal investig rey Epstein e repo rted engaging in sexual activity with Jeff than two dozen young women who hav information. e girls have reported essentially the same while they were under eighteen. All of thos were (between the ages of fourteen and seventeen), they While they were under the age of eighteen -5- EFTA00186600  l, a co-worker, a "friend of a friend," or approached by a colleague — either an acquaintance at schoo y performing a "massage" for a wealthy the like — who told them that they could make a lot of mone the girls were told that they would have older man who lived on Palm Beach island. In some cases not told about this. The girls traveled to remove some clothing during the massage, other girls were the kitchcn of the residence. There they to Epstein's residence and entered through a side door into ly . The girls would be were met by Epstein and/or one of his personal assistants, usual The bathroom had a separate room similar led up to the master bathroom area of Epstein's bedroom. The girls described the presence of nude to a dressing area where a massage table would be set up. house. Epstein would lie face down on the and topless photographs of young women throughout the back and legs. Epstein would then turn massage table and the girl would begin by massaging his to pinch his nipples or to straddle him. In over and begin to masturbate while instructing the girl brator on the victim's vagina. With some some cases, Epstein would place a large back massager/vi rbated. The sexual activity with some girls, he would digitally penetrate her vagina while he mastu introduction of an adult female into the minors progressed to oral sex, sexual intercourse, and the the first massage; with others, there was no activity. With some girls, the sexual activity began with massages; and in many cases, Epstein sexual activity at first but sexual activity occurred in later ty with each visit. pushed the girls to engage in more and more sexual activi when Epstein ejaculated. 11. Almost all of the sexual massages ended the same way, more, depending on how much sexual Epstein or one of his assistants would pay the girl $200 or "recruiter" who brought the girl for the activity occurred. A fee of $200 also would be paid to the ask for the girl's telephone number. Later, visit. If Epstein liked the girl, he or his assistant would arrange for the girl to return. In some one of Epstein's assistants would call the girl directly to -6- EFTA00186601  mism for performing a sexual massage, instances of scheduling a girl for "work," which was a euphe the next time that Epstein was in Florida. Epstein's assistants would make the arrangement for to Epstein's home to "work." None During those calls, the assistant would invite the girl to return to provide a sexual massage. The of the girls ever spontaneously went to Epstein's home appointments were set up over the telephone. about Epstein's knowledge 12. The victims interviewed by the federal agents were asked discussed their ages with Epstein, and he that they were minors. Many of the victims specifically trips that he wanted to take them on when provided them with birthday gifts, made statements about college plans with them. For other victims, they were eighteen, and discussed high school events and "recruiter" instructed them to lie and say the subject of age was never discussed, and for others, their they were eighteen. the FBI's investigation was 13. One of the young women interviewed during the course of en. Epstein paidni$200 - $400 to ■ who stated that she first met Epstein at the age of fourte three years that she saw Epstein, all but provide him with massages. According to. during the were sexual in nature. The sexual activity three of the over one hundred massages she provided Epstein touching. vagina. On a separate ranged from self masturbation on Epstein's part to g a massage, who performed oral sex onil occasion, Epstein introduce an unidentified female durin female. while Epstein had sexual intercourse with the unidentified Epstein's assistant, 14. When', was approximately sixteen years old, contactecaand told her that Epstein wanted to take some photographs of her. several different locations in and around utilizing a digital camera, took nude photographs oflin Epstein's Palm Beach residence. paidil$500 for posing for the nude photographs. Other -7- EFTA00186602  nce of the pictures of nude and semi-nude victims interviewed have repeatedly pointed to the existe women throughout the residence. °eland the other young 15. Efforts have been made to corroborate the statements with Epstein. With respect to', there are women who have described their sexual relationships g telephone records showing phone calls toil during the time period that she was seein Federal Express. A grand jury subpoena Epstein', also described receiving gifts from Epstein via of packages sent by Epstein or his assistants issued to Federal Express contained records of a number corro borated through telephone records, to. Likewise, the statements of other victims have been ts, sales records of theaters, and rental car Western Union records, travel records, credit card receip records. woman, who had 16. Also, during the FBI's investigation, I interviewed a young teens/early twenties. The woman was a known Epstein several years ago, when she was in her late ng nude portraits. Prior to preparing a struggling artist in New York who was specializing in painti in was very interested in her work and portrait,■ would take several photographic studies. Epste 's younger sister, who was sixteen her photographs, and also expressed an interest in the artist years old at the time. made arrangements and paid 17. Epstein and an associate/companion, Ghislaine Maxwell, co. One morning during that visit, Epstein for. to travel to one of his homes, located in New Mexi "cuddling." "described Epstein's actions got into bed with. Mr. Epstein told. that he felt like as "spooning" and constantly hugging her. to fly home to 18. Epstein and Maxwell also made arrangements and paid foU of her family members in the nude. This for the primary purpose of taking artistic photographs -8- EFTA00186603 included the artist's younger siblings, two sisters" and a a photo log to document each Due to the sensitive nature of the photographs,areated photographs, two Oland five of the image and the order it was taken. LaterIlleamed that seven office and asked for one were missing.ig who was very upset, contacted Epstein's also confronted Epstein and Maxwell of Epstein's assistants to look for the missing photographs." did not possess. A few weeks later. about the missing photographs which they claimed they stated that the missi ng photographs were received a telephone call from an unidentified caller who recovered andnbelieves that Epstein is in Epstein's briefcase. The missing photographs were not artistic, rather than pornographic in nature, in possession of them. Although those photographs were aining nude and semi-nude photographs of this further shows Epstein's interest in taking and maint minors. Epstein. Both"&lite 19. I have interviewed"andlabout their experiences with g the interview with she was visibly reluctant to divulge their experiences publically. Durin ranch in New Mexico when she was sixteen disturbed when recalling an incident with Epstein at his her bedroom and sat on the bed. Epstein years oldistated that one evening Epstein had come into e to recall the remainder of any events stroked her hair and told her she was beautiful. I was unabl ing publicly against Epstein for fear of that evening.'. has also expressed her concern of speak reprisals against her or her family. The Items to Be Searched and the Information Soueht two CompactFlash memory 20. This application seeks permission to forensically examine cards. Your Affiant knows that electronic media, i.e., CompactFlash memory cards, may be be used as storage devices that contain important to a criminal investigation because the objects may -9- EFTA00186604  in the form of electronic data. Rule 41 contraband, evidence, instrumentalities, or fruits of a crime nment to search for and seize computer of the Federal Rules of Criminal Procedure permit the gover crime, contraband, instrumentalities of hardware, software, and electronic files that are evidence of memory cards are most often used in digital crime and/or fruits of crime. I know that CompactFlash ver, memory cards can be used to store cameras to store photographs taken with the cameras. Howe any type of digital data, including computer files. cards, requires forensic 21. The nature of electronic media, i.e., CompactFlash memory These techniques include, but are not analysis to employ a variety of different search techniques. and searching for and analyzing deleted limited to, opening files, reviewing directories of files, data will be continuously evaluated as and/or hidden information. While conducting the analysis, warrant. Only information within the to whether or not it is within the scope of the issued search d with, or provided to, the investigators scope of the search warrant will be acknowledged, share and maintained within the analytical involved in this matter. All other information will be closed n with the United States Attorney's unit. Forensic analysis will be conducted in close consultatio and reporting process. office for specific legal guidance throughout the analytical sh memory cards was 22. I understand that reviewing the contents of the CompactFla the seizure of the cards from Epstein's within the scope of the State search warrant that gave rise to . I also understand that an FBI agent residence, and that PBPD reviewed the contents of the cards into federal custody pursuant to the conducted a similar review when all of the items were taken a forensic examination to determine if federal grand jury subpoena. Those reviews did not involve ered only via such a forensic analysis. th