EFTA00186590

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. there were any deleted or corrupted files, which could be recov law enforcement officers did not delete I understand that the cursory reviews performed by the other -10- EFTA00186605 ore, they contain the same information or add any files to the CompactFlash memory cards and, theref in residence. While the cursory review that they had at the time they were removed from the Epste PBPD's review, and therefore did not performed by the FBI agent did not exceed the scope of the is requested by this application would require the issuance of a warrant, the forensic review that the issuance of a search warrant in expand that review and, accordingly, your Affiant requests 1 (1984). accordance with United States v. Jacobsen, 466 U.S. 109, 115-2 ants to photograph Musing 23. As explained above, Epstein instructed one of his assist in, and probable theft of, nude photographs a digital camera; Illeported Epstein's unusual interest ed in inappropriate sexual activity with of the minor members of her family; and Epstein engag photographs of nude and semi-nude young numerous minor females. In light of Epstein's display of there is probable cause to believe that women throughout his residence, your Affiant avers that Epstein's residence may be found on the photographs or other evidence of the victims' visits to t seeks permission to forensically examine CompactFlash memory cards. Accordingly, your Affian lities, and fruits of the crimes listed the CompactFlash memory cards for evidence, instrumenta the memory cards, including electronic above, that is, the electronic information contained within ation, date and time information, names, files containing photographs, owner identification inform photographs or the persons depicted in any addresses, and information regarding the source of any photographs. items sought, your Affiant 24. Although the cursory reviews did not reveal any of the ugh forensic examination, which would avers that there is probable cause to believe that a thoro result in the discovery of the data listed include the recovery of any deleted or corrupted files, would the crimes under investigation. above, which is evidence, instrumentalities, and fruits of -11- EFTA00186606 issue a search warrant for the WHEREFORE, your Affiant requests that this court for Search Warrant and for the seizure of CompactFlash memory cards described in the Application the items listed above. FURTHER YOUR AFFIANT SAYETH NAUGHT. pecta gen Federal Bureau of Investigation Subscribed and sworn to before me this 7 day of March, 2008 fr-r7 rtCC -/D f~ »~ LINNEA R. JOHNSON UNITED STATES MAGISTRATE JUDGE -12- EFTA00186607 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA No. 08-8067-LRJ IN RE APPLICATION FOR SEARCH WARRANT FOR ONE RITZ BIG PRINT DIGITAL FILM MORY CARD 128 MEGABYTE COMPACT FLASH ME CUSTODY MARKED 3608128AW4801CF53 IN THE IGATION OF THE FEDERAL BUREAU OF INVEST CRIMINAL COVER SHEET r in the United States Attorney's Office prio 1. Did this matter originate from a matter pending to April 1, 1999? Yes X No If yes, was it pending in the Central Region? Yes No in the United States Attorney's Office prior 2. Did this matter originate from a matter pending to April 1, 2003? Yes X No ding in the Narcotics Section (Miami) of the 3. Did this matter originate from a matter pen Yes No 18, 2003? United States Attorney's Office prior to May in the Northern Region of the United States 4. Did this matter originate from a matter pending No Yes Attorney's Office prior to October 14, 2003? es this mat ter orig inat e from a mat ter pen ding in the Central Region of the United Stat 5. Did Yes X No 7? Attorney's Office prior to September 1, 200 Respectfully submitted, R. ALEXANDER ACOSTA STATES ATTORNEY BY: ASSISTANT UNITED STATES ATTORNEY Florida Bar No. 500 South Australian Avenue, Suite 400 West Palm Beac FL 33401 TEL FAX EFTA00186608 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA 08-8067-LRJ IN RE SEARCH WARRANT APPLICATION TO SEAL ORDER GRANTING UNITED STATES' MOTION United States' Motion to Seal the This matter comes before the Court upon the The Court being fully apprised in the documents related to its Search Warrant Application. GRANTED. premises, orders that the motion is hereby Palm Beach, Florida, this / 7 day of DONE AND ORDERED in chambers, in West March, 2008. Cl y ." LINNEA R. JOHNS° UNITED STATE AGISTRATE JUDGE cc: AUSA ant M ind to be tncnment tree% top ni " In1P anmore on tile k, Steven M 0ic.tnct rt ts. South 13e.wity uterk ay EFTA00186609 Form (Rev. 06/2005).Seakd Document Tracking UNITED STATES DISTRICT COURT Southern District of Florida Number: 08-8067-LRJ In Re SEARCH WARRANT APPLICATION SEALED DOCUMENT TRACKING FORM U.S. Attorneys Office Name: Party Filing Matter Under Seal 400. West Palm Beath, FL 33401 Address: 500 S. Australian Ave, State Telephone: 0 Defendant 0 Plaintiff On behalf of (select one): 3/17t2008 Date sealed document filed: rial) Fed. R. Crim. P. 6(e) (Grand Judy Mate If sealed pursuant to statute, cite statute: et entry number: protective order, date of order and dock If sealed pursuant to previously entered l: The matter should remain sealed unti 0 Arrest of First Defendant 0 Conclus ion of Tria l ing 0 Conclusion of Direct Appeal o Case Clos El Other: court order: (CI Permanently. Specify the authorizing law, rule, matter should be (select one): n the sealing period expires, the filed The moving party requests that whe 0 Destroyed and plac ed in the publ ic portion of the court file 0 Unsealed , as identified above 0 Returned to the party or counsel for the party EFTA00186610 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA 08-8067-LRJ IN RE: SEARCH WARRANT APPLICATION DER SEAL MOTION TO FILE DOCUMENTS UN ersigned Assistant United States The United States of America, by and through the und for Search Warrant for the following reasons: Attorney, hereby moves to seal its Application relating to an ongoing grand jury 1. The attached documents contain information grand- . P. 6(e)(6), all records and orders related to the investigation; thus, pursuant to Fed. R. Crim ent the to the extent and as long as necessary to prev jury proceedings must be kept under seal before the grand jury. unauthorized disclosure of a matter occurring ze the criminal investigation, notify 2. Public disclosure of this matter would jeopardi d jury. the public interest and the function of the gran potential subjects and/or targets and undermine requests that the aforementioned documents WHEREFORE, the United States respectfully be sealed. Respectfully submitted, R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Florida Bar No. 500 South Australian Avenue, Suite 400 West Palm 01 Telepho ne: Facsimile: EFTA00186611 h Warrant AO 106 (Rev. 5/85) Affidavit for Searc United States District Court FLORIDA SOUTHERN DISTRICT OF In the Matter of the Search of searched) person to be (Name, address or brief deteripdoo of APPLICATION AND AFFIDAVIT One Ritz Big Print Digital Film FOR SEARCH WARRANT ry card 128 Megabyte CompactFlash memo marked 3608128AW4801CF53 of Investigation CASE NUMBER: 0841067-L11J 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 Florida , Southern District of in the on or property, namely (describe the person or property): there is now concealed a certain pers in that CompactFlash memory card, the electronic information contained Rules of Criminal Procedure) and seizure under Rule 41(b) of the Federal which is (give alleged grounds for search cerning violations of Title 18, United Stat es Code, enta litie s, and frui ts of a crim e, con evidence, instrum 2, and 2423. Sections 371, 1591, 2252, 2252A, 242 rch Warrant are as follows: The facts to support the issuance of a Sea see Attached Affidavit o of. Continued on the attached sheet and made a part here Sworn to before me, and sub crialikil 3 - ( 7 -- (fi r at .t: f iti TiAlikult:til file ore nit, nib Soot Date By LINNEA R. JOHNSON UNITED STATES MAGISTRATE JUDGE Name and Title of Judicial Officer EFTA00186612 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 against 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 lities of such violations; and any Sections 371, 1591, 2252, 2252A, 2422, and 2423; instrumenta , specifically two 128MB CompactFlash fruits of those crimes located within electronic media Beach Police Department("PBPD") memory cards, seized in October 2005 by The Town of Palm 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 as follows: (a) one Ritz Big Print Those CompactFlash memory cards are more fully described d 3608128AW4801CF53, and (b) Digital Film 128 Megabyte CompactFlash memory card, marke 128 Megabyte CompactFlash memory card, marked one PNY Technologies y referred to as "CompactFlash THNCF128MMA(T00CB) 999223 TAIWAN 0247 (hereinafter jointl memory cards"). knowledge, information 3. The facts set forth in this affidavit arc based on my personal 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- EFTA00186613 search g submitted for the limited purpose of securing a experience. Since this affidavit is bein stigation, but have y fact known to me concerning this inve warrant, I have not included each and ever evidence, to establish probable cause to believe that set forth only those facts necessary Sections is viol ations of Title 18, United States Code, instrumentalities, and fruits of crimes, that ory cards, 3 will be found within the CompactFlash mem 371, 1591, 2252, 2252A, 2422, and 242 contained therein. specifically the electronic information The Statutes Involved Code, violations of Title 18, United States 4. The investigation involves possible 2, and 2423, which provide as follows: Sections 371, 1591, 2252, 2252A, 242 two or more persons to conspire to a. 18 U.S.C. § 371 makes it an offense for States; commit an offense against the United nse for anyone to knowingly, in or b. 18 U.S.C. § 1591(a) makes it an offe ns a person , knowing entice, provide, or obtain by any mea affecting interstate commerce, recruit, in a commercial sex of eighteen and will be caused to engage that the person has not attained the age act; ibit the manufacture, possession, c. 18 U.S.C. §§ 2252 and 2252A proh ography; distribution, and receipt of child porn of a facility of interstate commerce, d. 18 U.S.C. § 2422(b) prohibits the use sexual ce, or entice a minor to engage in prostitution or any including the telephone, to persuade, indu ged with a criminal offense; and activity for which any person can be char nse for anyone to travel in interstate e. 18 U.S.C. § 2423(6) makes it an offe ther person. "Illicit g in any illicit sexual conduct with ano commerce for the purpose of engagin -2- EFTA00186614 al conduct act with a person under eighteen or other sexu sexual conduct" includes a commercial sex with a person under the age of sixteen. ch any person can be charged with a 5. Section 2422(b) refers to activity "for whi criminal offense." Pursuant to: 24 years of age or older who a. Florida Statutes Section 794.05, a "person the second or 17 years of age commits a felony of engages in sexual activity with a person 16 degree;" nce of the age [of the victim] b. Florida Statutes Section 794.021, "ignora a fide ntation of age by [the victim] nor a bon is no defense," and that neither "misreprese ed age [shall] be a defense;" belief that such person is over the specifi ) and 800.04(5)(c)(2), an adult c. Florida Statutes Sections 800.04(5)(a genital area, lascivious manner the breasts, genitals, "who intentionally touches in a lewd or , of a pers on less than 16 years of age, or forces or or buttocks, or the clothing covering them lascivious so touch the perpetrator, commits lewd or entices a person under 16 years of age to or older ond degree if the victim is 12 years of age molestation," which is a felony of the sec but less than 16 years of age; and 800.04(6)(b), an adult "who d. Florida Statutes Sections 800.04(6)(a) manner or 16 years of age in a lewd or lascivious [i]ntentionally touches a person under lewd or commit a lewd or lascivious act commits [s]olicits a person under 16 years of age to of the second degree; lascivious conduct," which is a felony -3- EFTA00186615 ) and 800.04(7)(c), an adult "who: e. Florida Statutes Sections 800.04(7)(a lascivious ionally exposes the genitals in a lewd or (1) [i]ntentionally masturbates; (2) [i]ntent al any oth er sexual act that does not involve actu manner; or (3) [i]ntentionally commits ulation of im, including, but not limited to . . . the sim physical or sexual contact with the vict rs of age, ence of a victim who is less than 16 yea any act involving sexual activity in the pres ," which is a felony of the second degree. commits lewd or lascivious exhibition ]either the victim's lack of f. Florida Statutes Section 800.04(2), "[n 800.04]." nse to the crimes proscribed by [Section chastity nor the victim's consent is a defe perpetrator's ignorance of the g. Florida Statutes Section 800.04(3), "[t]he 's bona fide tation of his or her age, or the perpetrator victim's age, the victim's misrepresen er [Section ed as a defense in a prosecution und belief of the victim's age cannot be rais 800.04]." who commits any unnatural h. Florida Statutes Section 800.02, a "person degree." commits a misdemeanor of the second and lascivious act with another person The Epstein Investigation with the Town of Palm Beach Police 6. In the Spring of 2006, Detective ation of Jeffrey Epstein's solicitation of minors to Department contacted me about the investig us conduct with minors. The FBI opened a case file engage in prostitution and his lewd and lascivio agent assigned to the investigation. in July 2006, and your Affiant is the case its investigation, the U.S. Attorney's 7. At around the same time that the FBI opened Rule of r Affiant is one of the agents on the Federal Office began a grand jury investigation. You -4- EFTA00186616 to the facts of the eone who is authorized to have access Criminal Procedure 6(e) list, that is, som eto. investigation and the materials related ther n, a subpoena was issued for all o f the 8. As part of the Federal Grand Jury investigatio the evidence the course of its investigation, including physical evidence obtained by PBPD during 2005. Included warrant 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 uded a number of photographs of topless and I have reviewed that evidence, which incl memory cards evidence, including the two CompactFlash women taken at Epstein's residence. The Bureau of are the subj ect of this app lica tion , have been in the custody of the Federal that , they were stig atio n sinc e Aug ust 200 6 and hav e not been tampered with or altered. Prior to that Inve and I understand cust ody of the Evi den ce Cus todi an of the Palm Beach Police Department, in the or altered while in PBPD's custody. that the evidence was not tampered with attorneys have alleged that Detective 9. I note that I am aware that Epstein's to nts in his app lica tion for the stat e search warrant, but they have not moved made misstat eme 's evid ence in con nec tion with the pros ecution of Epstein by the State Attorney suppress any of that for soli cita tion of pros titut ion. No fede ral agency was involved in the application Office for felony ined through the application is based upon evidence obta or execution of the search warrant, and this FBI's independent investigation. e ation, federal agents have interviewed mor 10. During the course of the federal investig rey Epstein rted engaging in sexual activity with Jeff than two dozen young women who have repo information. thos e girls have reported essentially the same while they were under eighteen. All of they were (bet ween the ages of fourteen and seventeen), While they were under the age of eighteen -5- EFTA00186617 a friend," or tance at school, a co-worker, a "friend of approached by a colleague — either an acquain for a wealthy e a lot of money performing a "massage" the like — who told them that they could mak ld have In some cases the girls were told that they wou older man who lived on Palm Beach island. eled sage, othe r girls were not told about this. The girls trav to remove some clothing during the mas a side door into the kitchen of the resi dence. There they to Epstein's residence and entered through onal assistan ts, usually The girls would be were met by Epstein and/or one of his pers tein's bedroom. The bathroom had a separate room similar led up to the master bathroom area of Eps ld be set up. The girls described the presence of nude to a dressing area where a massage table wou down on the throughout the house. Epstein would lie face and topless photographs of young women would then turn by massaging his back and legs. Epstein massage table and the girl would begin straddle him. In ructing the girl to pinch his nipples or to over and begin to masturbate while inst With some massager/vibrator on the victim's vagina. some cases, Epstein would place a large back with some while he masturbated. The sexual activity girls, he would digitally penetrate her vagina ale into the rcourse, and the introduction of an adult fem minors progressed to oral sex, sexual inte there was no vity began with the first massage; with others, activity. With some girls, the sexual acti Epstein occurre d in later massages; and in many cases, sexual activity at first but sexual activity more sexual activity with each visit. pushed the girls to engage in more and ed. ed the same way, when Epstein ejaculat 11. Almost all of the sexual massages end al the girl $20 0 or more, depending on how much sexu Epstein or one of his assistants would pay the girl for the ld be paid to the "recruiter" who brought activity occurred. A fee of $200 also wou stant would ask for the girl's telephone number. Later, visit. If Epstein liked the girl, he or his assi rn. In some girl directly to arrange for the girl to retu one of Epstein's assistants would call the -6- EFTA00186618 ch was a eup hemism for performing a sexual massage, instances of scheduling a girl for "work," whi was in Florida. ngement for the next time that Epstein Epstein's assistants would make the arra te the girl to return to Epstein's home to "work." None During those calls, the assistant would invi massage. The to Epstein's home to provide a sexual of the girls ever spontaneously went ne. appointments were set up over the telepho nts were asked about Epstein's knowledge 12. The victims interviewed by the federal age Epstein, and he ims specifically discussed their ages with that they were minors. Many of the vict them on when statements about trips that he wanted to take provided them with birthday gifts, made other victims, ol events and college plans with them. For they were eighteen, and discussed high scho to lie and say for others, their "recruiter" instructed them the subject of age was never discussed, and they were eighteen. the course of the FBI's investigation was 13. One of the young women interviewed during the age of fourteen. Epstein paidll $200 - $400 to al who stated that she first met Epstein at tein, all but a during the three years that she saw Eps provide him with massages. According vity s she provided were sexual in nature. The sexual acti three of the over one hundred massage tein's part to Epstein touchinj vagina. On a separate ranged from self masturbation on Eps fied female during a massage, who performed oral sex orli occasion, Epstein introduce an unidenti the unidentified female. while Epstein had sexual intercourse with s old, , Epstein's assistant, 14. Wherlj was approximately sixteen year wantcd to take some photographs of her. contactedill and told her that Epstein in and around togr aphs ol, in several different locations utilizing a digital camera, took nude pho photographs. Other Epstein's Palm Beach residence. pane $500 for posing for the nude -7- EFTA00186619 ted to the existence of the pict ures of nude and semi-nude victims interviewed have repeatedly poin women throughout the residence. ng the statements oiland the other you 15. Efforts have been made to corroborate there are relation ships with Epstein. With respect to M women who have described their sexual was seeing e calls to 'during the time period that she telephone records showing allphon a via Federal Express. A grand jury subpoen Epstein. also described receiving gifts from Epstein stants rds of a number of packages sent by Epstein or his assi issued to Federal Express contained reco victims have bee n corroborated through telephone records, to ■ Likewise, the statements of other credit card receipts, sales records of theaters, and rental car Western Union records, travel records, records. inte rviewed a young woman, who had 16. Also, during the FBI's investigation, I she was in her late teens/early twenties. The woman was a known Epstein several years ago, when Prior to preparing a specializing in painting nude portraits. struggling artist in New York who was ed in her work and aphic studies. Epstein was very interest portraitillwould take several photogr was sixteen an inte rest in the artist's younger sister,Ill who her photographs, and also expressed years old at the time. slaine Maxwell, made arrangements and paid 17. Epstein and an associate/companion, Ghi Epstein in New Mexico. One morning during that visit, forlito travel to one of his homes, located actions lithat he felt like "euddling."Ilidescribed Epstein's got into bed with. Mr. Epstein told as "spooning" and constantly hugging her. ents and paid forlito fly home to 18. Epstein and Maxwell also made arrangem photographs of her family members in the nude. This for the primary purpose of taking artistic -8- EFTA00186620 sisters.anall. included the artist's younger siblings, two tographs, created a pho to log to document each . Due to the sensitive nature of the pho of the ,. learned that seven photographs, two (Sand five image and the order it was taken. Later contacted Epstein's office and asked for one , were missing". who was very upset, l sing photog raphsialso confronted Epstein and Maxwel o f Epstein's assistants to look for the mis they claimed they did not possess. A few weeks late. about the missing photographs which fied caller who stat ed that the missing photographs were received a telephone call from an unidenti eves that Epstein is tographs were not recovered and. beli in Epstein's briefcase. The missing pho phic in nature, tographs were artistic, rather than pornogra in possession of them. Although those pho photographs of ng and maintaining nude and semi-nude this further shows Epstein's interest in taki minors. eriences with Epstein. Botheanaare 19. I have interviewed,' an$ about their exp was visibly lica lly. During the interview with., she reluctant to divulge their experiences pub sixteen Epstein at his ranch in New Mexico when she was disturbed when recalling an incident with tein tein had come into her bedroom and sat on the bed. Eps years oldittated that one evening Eps events beautifulW as unable to recall the remainder of any stroked her hair and told her she was concern of speaking publicly against Epstein for fear of that evening'■as also expressed her reprisals against her or her family. tion Sought The Items to Be Searched and the Informa ory nsically examine two CompactFlash mem 20. This application seeks permission to fore be ic media, i.e., CompactFlash memory cards, may cards. Your Affiant knows that electron ices that contain ause the objects maybe used as storage dev important to a criminal investigation bec -9- EFTA00186621 e 41 or fruits of a crime in the form of electronic data. Rul contraband, evidence, instrumentalities, r permit the government to search for and seize compute of the Federal Rules of Criminal Procedure of that are evidence of crime, contraband, instrumentalities hardware, software, and electronic files in digital pactFlash memory cards are most often used crime and/or fruits of crime. I know that Com the cameras. How ever, memory cards can be used to store cameras to store photographs taken with files. any type of digital data, including computer tFlash memory cards, requires forensic 21. The nature of electronic media, i.e., Compac , but are not ch techniques. These techniques include analysis to employ a variety of different sear ng deleted ies of files, and searching for and analyzi limited to, opening files, reviewing director ly evaluated as ting the analysis, data will be continuous and/or hidden information. While conduc tion within the of the issued search warrant. Only informa to whether or not it is within the scope investigators owl edged, shared with, or provided to, the scope of the search warrant will be ackn ytical tion will be closed and maintained within the anal involved in this matter. All other informa rney's in c►o se consultation with the United States Atto unit. Forensic analysis will be conducted the analytical and reporting process. office for specific legal guidance throughout the CompactFlash memory cards was 22. I understand that reviewing the contents of that gave rise to the seizure of the cards from Epstein's within the scope of the State search warrant t contents of the cards. I also understand that an FBI agen residence, and that PBPD reviewed the suant to the items were taken into federal custody pur conducted a similar review when all of the determine if did not involve a forensic examination to federal grand jury subpoena. Those reviews nsic analysis. ch could be recovered only via such a fore there were any deleted or corrupted files, whi not delete ed by the other law enforcement officers did I understand that the cursory reviews perform -10- EFTA00186622 information cards and, therefore, they contain the same or add any files to the CompactFlash memory ory review d from the Epstein residence. While the curs that they had at the time they were remove e did not the scope of the PBPD's review, and therefor performed by the FBI agent did not exceed would nsic review that is requested by this application require the issuance of a warrant, the fore rant in r Affi ant requests the issuance of a search war expand that review and, accordingly, you 466 U.S. 109, 115-21 (1984). accordance with United States v. Jacobsen, of his assistants to photograpa using 23. As explained above, Epstein instructed one aphs sual inte rest in, and probable theft of, nude photogr a digital camera,. reported Epstein's unu Epstein eng aged in inappropriate sexual activity with of the minor members of her family; and ng 's display of photographs of nude and semi-nude you numerous minor females. In light of Epstein to believe that ant avers that there is probable cause women throughout his residence, your Affi found on the ims' visits to Epstein's residence may be photographs or other evidence of the vict ally examine , your Affiant seeks permission to forensic CompactFlash memory cards. Accordingly crimes listed ence, instrumentalities, and fruits of the the CompactFlash memory cards for evid g electronic contained within the memory cards, includin above, that is, the electronic information tion, names, ation information, date and time informa files containing photographs, owner identific icted in any sou rce of any photographs or the persons dep addresses, and information regarding the photographs. al any of the items sought, your Affiant 24. Although the cursory reviews did not reve ld that a thor ough forensic examination, which wou avers that there is probable cause to believe d d files, wou ld result in the discovery of the data liste include the recovery of any deleted or corrupte n. s, and fruits of the crimes under investigatio above, which is evidence, instrumentalitie -11- EFTA00186623 a search warrant for the WHEREFORE, your Affiant requests that this court issue h Warrant and for the seizure of CompactFlash memory cards described in the Application for Searc the items listed above. FURTHER YOUR. AFFIANT SAYE111 NAUGHT. Specia Agent Federal Bureau of Inves tigatio n Subscribed and sworn to before me this 7 7' day of March, 2008 R. JOHNSON UNIT STATES MA r. TRATE JUDGE ED -12- EFTA00186624 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA No. 08-8067-LRJ IN RE APPLICATION FOR SEARCH WARRANT FOR ONE RITZ BIG PRINT DIGITAL FILM 128 MEGABYTE COMPACT FLASH MEMORY CARD MARKED 3608128AW4801CF53 IN THE CUSTODY OF THE FEDERAL BUREAU OF INVESTIGATION CRIMINAL COVER SHEET 1. Did this matter originate from a matter pending in the United States Attorney's Office prior to April 1, 1999? Yes X No If yes, was it pending in the Central Region? Yes No 2. Did this matter originate from a matter pending in the United States Attorney's Office prior to April 1, 2003? Yes X No 3. Did this matter originate from a matter pending in the Narcotics Section (Miami) of the United States Attorney's Office prior to May 18, 2003? Yes X No 4. Did this matter originate from a matter pending in the Northern Region of the United States Attorney's Office prior to October 14, 2003? Yes X No 5. Did this matter originate from a matter pending in the Central Region of the United States Attorney's Office prior to September 1, 2007? Yes _21 No Respectfully submitted, R. ALEXANDER ACOSTA BY: ASSISTANT UNITED STATES ATTORNEY Florida Bar No. 500 South Australian Avenue, Suite 400 West Palm Beach FL 33401 TEL EFTA00186625 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA No. 08-8067-LRJ IN RE APPLICATION FOR SEARCH WARRANT FOR ONE RITZ BIG PRINT DIGITAL FILM 128 MEGABYTE COMPACT FLASH MEMORY CARD MARKED 3608128AW4801CF53 IN THE CUSTODY OF THE FEDERAL BUREAU OF INVESTIGATION CRIMINAL COVER SHEET s Attorney's Office prior 1. Did this matter originate from a matter pending in the United State to April 1,1999? Yes X No If yes, was it pending in the Central Region? Yes No Attorneys Office prior 2. Did this matter originate from a matter pending in the United States to April I, 2003? Yes X No Section (Miami) of the 3. Did this matter originate from a matter pending in the Narcotics Yes No United States Attorney's Office prior to May 18, 2003? Region of the United States 4. Did this matter originate from a matter pending in the Northern Yes X No Attorney's Office prior to October 14, 2003? n of the United States 5. Did this matter originate from a matter pending in the Central Regio Attorney's Office prior to September 1, 2007? Yes X No Respectfully submitted, R ALEXANDER ACOSTA BY: ASSISTANT UNITED STATES ATTORNEY Florida Bar No. 500 South Australian Avenue, Suite 400 West Palm Beach, FL 33401 TEL EFTA00186626 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA 08-8067-LRI IN RE: SEARCH WARRANT APPLICATION MOTION TO FILE DOCUMENTS UNDER SEAL Assistant United States The United States of America, by and through the undersigned following reasons: Attorney, hereby moves to seal its Application for Search Warrant for the ing grand jury 1. The attached documents contain information relating to an ongo records and orders related to the grand- investigation; thus, pursuant to Fed. R. Crim. P. 6(eX6), all as necessary to prevent the jury proceedings must be kept under seal to the extent and as long jury. unauthorized disclosure of a matter occurring before the grand tigation, notify 2. Public disclosure of this matter would jeopardize the criminal inves the function of the grand jury. potential subjects and/or targets and undermine the public interest and entioned documents WHEREFORE, the United States respectfully requests that the aforem be sealed. • Respectfully submitted, R. ALEXANDER ACOSTA By: on a Bar No. 500 South Aus < ian venue, Suite 400 West Palm Reach. . 34dt11 Telephone. Facsimile: EFTA00186627 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA 08-8067-LRJ IN RE: SEARCH WARRANT APPLICATION ORDER GRANTING UNITED STATES' MOTION TO SEAL n to Seal the This matter comes before the Court upon the United States' Motio being fully apprised in the documents related to its Search Warrant Application. The Court premises, orders that the motion is hereby GRANTED. Florida, this day of DONE AND ORDERED in chambers, in West Palm Beach, March, 2008. LINNEA R. JOHNSON UNITED STATES MAGISTRATE JUDGE cc: AUSA EFTA00186628 (Rev. 06/2005)Scaled Document Tracking Fonn UNITED STATES DISTRICT COURT Southern District of Florida Number: 08-8067•LRJ In Re SEARCH WARRANT APPLICATION SEALED DOCUMENT TRACKING FORM Name: .S. Attorneys Office Party Filing Matter Under Seal Beach, FL 33401 Address: 500 S. Australian Ave, Suite 400, West Palm Telephone: 0 Plaintiff O Defendant On behalf of (select one): 08 Date sealed document filed: 3/17120 R. Grim. P. 6(e) (Grand Jury Materiel) If sealed pursuant to statute, cite statute: Red. date of order and docket entry number: If sealed pursuant to previously entered protective order, The matter should remain sealed until: 0 Arrest of First Defendant O Conclusion of Trial 0 Conclusion of Direct Appeal Cl Case Closing O Other: order: O Permanently. Specify the authorizing law, rule, court s, the fled matter should be (select one): The moving party requests that when the sealing period expire file 0 Destroyed El Unsealed and placed in the public portion of the court identified above 0 Returned to the party or counsel for the party, as Attorney for: Movant United States cr erica EFTA00186629 AO 106 (Rev. Sf85) Affidavit for Starch Warrant United States District Court DISTRICT OF FLORIDA SOUTHERN In the Matter of the Search of searched) (Name, address or brief descriptioo of perms to be APPLICATION AND AFFIDAVIT One Ritz Big Print Digital Film FOR SEARCH WARRANT 128 Megabyte CompactFlash memory card marked 3608128AW4801CF53 CASE NUMBER: 088067-LRJ in the custody of the Federal Bureau of Investigation , being duly sworn, depose and say: , and have reason to believe I am a Special Agent, Federal Bureau of Investigation on): that on the person of or X on the premises known as (name, description and/or locati lash memory card, One Ritz Big Print Digital Film 128 Megabyte CompactF 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 in the ly (describe the person or property): there is now concealed a certain person or property, name lash memory card, the electronic information contained in that CompactF of the Federal Rules of Criminal Procedure) which is (give alleged grounds for search and seizure under Rule 41(b) violations of Title 18, United States Code, evidence, instrumentalities, and fruits of a crime, concerning Sections 371, 1591, 2252, 2252A, 2422, and 2423. as follows: The facts to support the issuance of a Search Warrant are seg Attached Affidavit o f. X Yes _No Continued on the attached sheet and made a part hereo , Special Agent Federal Bureau of Investigation Sworn to before me, and subscribed in my prese nce: al WEST PALM BEACH. FLORIDA City and State Date LINNEA R. JOHNSON UNITED STATES MAGISTRATE JUDGE Signature of Judicial Officer Name and Title of Judicial Officer EFTA00186630 AFFIDAVIT I, E. (the "Affiant"), being duly sworn, depose and state: ") and have been 1. I am a Special Agent with the Federal Bureau of Investigation ("FBI to PB-2, the Violent Crimes and so employed for the past ten (10) years. I am currently assigned cy, Miami Division. Among my Major Offenses Squad of the Palm Beach County Resident Agen st children, particularly offenses responsibilities as a Special Agent are investigating crimes again involving child pornography and the exploitation of children. of America for 2. I make this affidavit in support of an application by the United States ions of Title 18, United States Code, issuance of a warrant to search and seize evidence of violat lities of such violations; and any Sections 371, 1591, 2252, 2252A, 2422, and 2423; instrumenta ically two 128MB CompactFlash fruits of those crimes located within electronic media, specif Beach Police Department("PBPD") memory cards, seized in October 2005 by The Town of Palm 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 as follows: (a) one Ritz Big Print Those CompactFlash memory cards are more hilly described d 3608128AW4801CF53, and (b) Digital Film 128 Megabyte CompactFlash memory card, marke 128 Megabyte CompactFlash memory card, marked one PNY Technologies y referred to as "CompactFlash THNCF128MMA(T00CB) 999223 TAIWAN 0247 (hereinafter jointl memory cards"). knowledge, information 3. The facts set forth in this affidavit arc based on my personal enforcement officers, my review of obtained in this investigation from others, including other law gained through my training and documents and records related to this investigation, and information -1- EFTA00186631 limited purpose of securing a search experience. Since this affidavit is being submitted for the concerning this investigation, but have warrant, I have not included each and every fact known to me ble cause to believe that evidence, set forth only those facts necessary to establish proba Title 18, United States Code, Sections instrumentalities, and fruits of crimes, that is violations of n the CompactFlash memory cards, 371, 1591, 2252, 2252A, 2422, and 2423 will be found withi specifically the electronic information contained therein. The Statutes Involved 18, United States Code, 4. The investigition involves possible violations of Title provide as follows: Sections 371, 1591, 2252, 2252A, 2422, and 2423, which ns to conspire to a. 18 U.S.C. § 371 makes it an offense for two or more perso commit an offense against the United States; to knowingly, in or b. 18 U.S.C. § 1591(a) makes it an offense for anyone 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; tate commerce, d. 18 U.S.C. § 2422(b) prohibits the use of a facility of inters 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- EFTA00186632 sexual conduct" includes a commercial sex act with a person under eighteen or other sexual conduct with a person under the age of sixteen. 5. Section 2422(b) refers to activity "for which any person can be charged with a criminal offense." Pursuant to: a. Florida Statutes Section 794.05, a "person 24 years of age or older who engages in sexual activity with a person 16 or 17 years of age commits a felony of the second degree;" b. Florida Statutes Section 794.021, "ignorance of the age [of the victim] is no defense," and that neither "misrepresentation of age by [the victim] nor a bona fide belief that such person is over the specified age [shall] be a defense;" c. Florida Statutes Sections 800.04(5)(a) and 800.04(5)(c)(2), an adult "who intentionally touches in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks, or the clothing covering them, of a person less than 16 years of age, or forces or entices a person under 16 years of age to so touch the perpetrator, commits lewd or lascivious molestation," which is a felony of the second degree if the victim is 12 years of age or older but less than 16 years of age; d. Florida Statutes Sections 800.04(6)(a) and 800.04(6)(b), an adult "who [i]ntentionally touches a person under 16 years of age in a lewd or lascivious manner or [s]olicits a person under 16 years of age to commit a lewd or lascivious act commits lewd or lascivious conduct," which is a felony of the second degree; -3- EFTA00186633 e. Florida Statutes Sections 800.04(7)(a) and 800.04(7)(c), an adult "who: (1) [i]ntentionally masturbates; (2) [i]ntentionally exposes the genitals in a lewd or lascivious manner; or (3) [i]ntentionally commits any other sexual act that does not involve actual physical or sexual contact with the victim, including, but not limited to ... the simulation of any act involving sexual activity in the presence of a victim who is less than 16 years of age, commits lewd or lascivious exhibition," which is a felony of the second degree. f. Florida Statutes Section 800.04(2), "[n]either the victim's lack of chastity nor the victim's consent is a defense to the crimes proscribed by [Section 800.04]." g. Florida Statutes Section 800.04(3), "[t]he perpetrator's ignorance of the victim's age, the victim's misrepresentation of his or her age, or the perpetrator's bona fide belief of the victim's age cannot be raised as a defense in a prosecution under [Section 800.04]." h. Florida Statutes Section 800.02, a "person who commits any unnatural and lascivious act with another person commits a misdemeanor of the second degree." The Epstein Investigation 6. In the Spring of 2006, Detective with the Town of Palm Beach Police Department contacted me about the investigation of Jeffrey Epstein's solicitation of minors to engage in prostitution and his lewd and lascivious conduct with minors. The FBI opened a case file in July 2006, and your Affiant is the case agent assigned to the investigation. 7. At around the same time that the FBI opened its investigation, the U.S. Attorney's Office began a grand jury investigation. Your Affiant is one of the agents on the Federal Rule of -4- EFTA00186634 to have•access to the facts of the Criminal Procedure 6(e) list, that is, someone who is authorized investigation and the materials related thereto. issued for all of the 8. As part of the Federal Grand Jury investigation, a subpoena was investigation, including the evidence physical evidence obtained by PBPD during the course of its residence in October 2005. Included seized when PBPD executed the search warrant at Epstein's the two CompactFlash memory cards. in the evidence seized during the search of the Premises were photographs of topless and nude young I have reviewed that evidence, which included a number of two CompactFlash memory cards women taken at Epstein's residence. The evidence, including the dy of the Federal Bureau of that are the subject of this application, have been in the custo with or altered. Prior to that, they were Investigation since August 2006 and have not been tampered Police Department, and I understand in the custody of the Evidence Custodian of the Palm Beach 's custody. that the evidence was not tampered with or altered while in PBPD that Detective 9. I note that I am aware that Epstein's attorneys have alleged warrant, but they have not moved to made misstatements in his application for the state search of Epstein by the State Attorney's suppress any of that evidence in connection with the prosecution was involved in the application for Office for felony solicitation of prostitution. No federal agency evidence obtained through the or execution of the search warrant, and this application is based upon FBI's independent investigation. s have interviewed more 10. During the course of the federal investigation, federal agent l activity with Jeffrey Epstein than two dozen young women who have reported engaging in sexua essentially the same information. while they were under eighteen. All of those girls have reported en and seventeen), they were While they were under the age of eighteen (between the ages of fourte -5- EFTA00186635 or approached by a colleague — either an acquaintance at school, a co-worker, a "friend of a friend," the like — who told them that they could make a lot of money performing a "massage" for a wealthy older man who lived on Palm Beach island. In some cases the girls were told that they would have to remove some clothing during the massage, other girls were not told about this. The girls traveled to Epstein's residence and entered through a side door into the kitchen of the residence. There they were met by Epstein and/or one of his personal assistants, usually The girls would be led up to the master bathroom area of Epstein's bedroom. The bathroom had a separate room similar to a dressing area where a massage table would be set up. The girls described the presence of nude and topless photographs of young women throughout the house. Epstein would lie face down on the massage table and the girl would begin by massaging his back and legs. Epstein would then turn over and begin to masturbate while instructing the girl to pinch his nipples or to straddle him. In some cases, Epstein would place a large back massager/vibrator on the victim's vagina. With some girls, he would digitally penetrate her vagina while he masturbated. The sexual activity with some the minors progressed to oral sex, sexual intercourse, and the introduction of an adult female into activity. With some girls, the sexual activity began with the first massage; with others, there was no sexual activity at first but sexual activity occurred in later massages; and in many cases, Epstein pushed the girls to engage in more and more sexual activity with each visit. 11. Almost all of the sexual massages ended the same way, when Epstein ejaculated. Epstein or one of his assistants would pay the girl $200 or more, depending on how much sexual activity occurred. A fee of $200 also would be paid to the "recruiter" who brought the girl for the visit. If Epstein liked the girl, he or his assistant would ask for the girl's telephone number. Later, one of Epstein's assistants would call the girl directly to arrange for the girl to return. In some -6- EFTA00186636 instances of scheduling a girl for "work," which was a euphemism for performing a sexual massage, Epstein's assistants would make the arrangement for the next time that Epstein was in Florida. During those calls, the assistant would invite the girl to return to Epstein's home to "work." None of the girls ever spontaneously Went to Epstein's home to provide a sexual massage. The appointments were set up over the telephone. 12. The victims interviewed by the federal agents were asked about Epstein's knowledge that they were minors. Many of the victims specifically discussed their ages with Epstein, and he provided them with birthday gifts, made statements about trips that he wanted to take them on when they were eighteen, and discussed high school events and college plans with them. For other victims, the subject of age was never discussed, and for others, their "recruiter" instructed them to lie and say they were eighteen. 13. One of the young women interviewed during the course of the FBI's investigation was El who stated that she first met Epstein at the age of fourteen. Epstein paidE$200 - $400 to but provide him with massages. According toll, during the three years that she saw Epstein, all three of the over one hundred massages she provided were sexual in nature. The sexual activity ranged from self masturbation on Epstein's part to Epstein touching E vagina. On a separate nr..ension, Epstein introduce an unidentified female during a massage, who performed oral sex on. while Epstein had sexual intercourse with the unidentified female. 14. When was approximately sixteen years old, EN, Epstein's assistant, contacted.and told her that Epstein wanted to take some photographs of her. utilizing a digital camera, took nude photographs of. in several different locations in and around Epstein's Palm Beach residence. paidill$500 for posing for the nude photographs. Other -7- EFTA00186637 victims interviewed have repeatedly pointed to the existence of the pictures of nude and semi-nude women throughout the residence. 15. Efforts have been made to corroborate the statements of .and the other young women who have described their sexual relationships with Epstein. With respect to■ there are telephone records showing phone calls toturing the time period that she was seeing Epstein,. also described receiving gifts from Epstein via Federal Express. A grand jury subpoena issued to Federal Express contained records ofa number ofpackages sent by Epstein or his assistants tom Likewise, the statements of other victims have been corroborated through telephone records, Western Union records, travel records, credit card receipts, sales records of theaters, and rental car records. 16. Also, during the FBI's investigation, I interviewed a young woman, who had a known Epstein several years ago, when she was in her late teens/early twenties. The woman was struggling artist in New York who was specializing in painting nude portraits. Prior to preparing a portrait,■ would take several photographic studies. Epstein was very interested in her work and her photographs, and also expressed an interest in the artist's younger sisten who was sixteen years old at the time. 17. Epstein and an associate/companion, Ghislaine Maxwell, made arrangements and paid for. to travel to one of his homes, located in New Mexico. One morning during that visit, Epstein got into bed with. Mr. Epstein toldinhat he felt like "cuddling.' described Epstein's actions as "spooning" and constantly hugging her. 18. Epstein and Maxwell also made arrangements and paid fo>■to fly home for the primary purpose of taking artistic photographs of her family members in the nude. This -8- EFTA00186638 included the artist's younger siblings, two sisters,. an• . Due to the sensitive nature of the photographs"' created a photo log to document each image and the order it was taken. Later,. learned that seven photographs, two of. and five of the were missing]. who was very upset, contacted Epstein's office and asked for one of Epstein's assistants to look for the missing photographs. also confronted Epstein and Maxwell about the missing photographs which they claimed they did not possess. A few weeks late. received a telephone call from an unidentified caller who stated that the missing photographs were in Epstein's briefcase. The missing photographs were not recovered and believes that Epstein is in possession of them. Although those photographs were artistic, rather than pornographic in nature, this further shows Epstein's interest in taking and maintaining nude and semi-nude photographs of minors. 19. I have interview. and. about their experiences with Epstein. Boa an. are reluctant to divulge their experiences publically. During the interview with she was visibly disturbed when recalling an incident with Epstein at his ranch in New Mexico when she was sixteen years oldittated that one evening Epstein had come into her bedroom and sat on the bed. Epstein stroked her hair and told her she was beautifull.was unable to recall the remainder of any events that evening] has also expressed her concern of speaking publicly against Epstein for fear of reprisals against her or her family. The Items to Be Searched and the Information Sought 20. This application seeks permission to forensically examine two CompactFlash memory cards. Your Affiant knows that electronic media, i.e., CompactFlash memory cards, may be important to a criminal investigation because the objects may be used as storage devices that contain -9- EFTA00186639 contraband, evidence, instrumentalities, or fruits of a crime in the form of electronic data. Rule 41 of the Federal Rules ofCriminal Procedure permit the government to search for and seize computer hardware, software, and electronic files that are evidence of crime, contraband, instrumentalities of crime and/or fruits ofcrime. I know that CompactFlash memory cards are most often used in digital cameras to store photographs taken with the cameras. However, memory cards can be used to store any type of digital data, including computer files. 21. The nature ofelectronic media, i.e., CompactFlash memory cards, requires forensic analysis to employ a variety of different search techniques. These techniques include, but are not limited to, opening files, reviewing directories of files, and searching for and analyzing deleted and/or hidden information. While conducting the analysis, data will be continuously evaluated as to whether or not it is within the scope of the issued search warrant. Only information within the scope of the search warrant will be acknowledged, shared with, or provided to, the investigators involved in this matter. All other information will be closed and maintained within the analytical unit. Forensic analysis will be conducted in close consultation with the United States Attorney's office for specific legal guidance throughout the analytical and reporting process. 22. I understand that reviewing the contents of the CompactFlash memory cards was within the scope of the State search warrant that gave rise to the seizure ofthe cards from Epstein's residence, and that PBPD reviewed the contents of the cards. I also understand that an FBI agent conducted a similar review when all of the items were taken into federal custody pursuant to the federal grand jury subpoena. Those reviews did not involve a forensic examination to determine if there were any deleted or corrupted files, which could be recovered only via such a forensic analysis. I understand that the cursory reviews performed by the other law enforcement officers did not delete -10- EFTA00186640 or add any files to the CompactFlash memory cards and, therefore, they contain the same information that they had at the time they were removed from the Epstein residence. While the cursory review performed by the FBI agent did not exceed the scope of the PBPD's review, and therefore did not require the issuance of a warrant, the forensic review that is requested by this application would expand that review and, accordingly, your Affiant requests the issuance of a search warrant in accordance with United States v. Jacobsen, 466 U.S. 109, 115-21 (1984). 23. As explained above, Epstein instructed one of his assistants to photographilaing a digital cameraareported Epstein's unusual interest in, and probable theft of, nude photographs of the minor members of her family; and Epstein engaged in inappropriate sexual activity with numerous minor females. In light of Epstein's display of photographs of nude and semi-nude young women throughout his residence, your Affiant avers that there is probable cause to believe that photographs or other evidence of the victims' visits to Epstein's residence may be found on the CompactFlash memory cards. Accordingly, your Affiant seeks permission to forensically examine the CompactFlash memory cards for evidence, instrumentalities, and fruits of the crimes listed above, that is, the electronic information contained within the memory cards, including electronic files containing photographs, owner identification information, date and time information, names, addresses, and information regarding the source of any photographs or the persons depicted in any photographs. 24. Although the cursory reviews did not reveal any of the items sought, your Affiant avers that there is probable cause to believe that a thorough forensic examination, which would include the recovery of any deleted or corrupted files, would result in the discovery of the data listed above, which is evidence, instrumentalities, and fruits of the crimes under investigation. -11- EFTA00186641 a search warrant for the WHEREFORE, your Affiant requests that this court issue Search Warrant and for the seizure of CompactFlash memory cards described in the Application for the items listed above. FURTHER YOUR AFFIANT SAYETH NAUGHT. Special Agent Federal Bureau of Investigation Subscribed and sworn to before me this day of March, 2008 LINNEA R. JOHNSON UNITED STATES MAGISTRATE JUDGE -12- EFTA00186642 AO 93 (Rev. 5/851 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: E. FEDERAL BUREAU OF INVESTIGATION , and any Authorized Officer of the United States: who has reason to Affidavit(s) having been made before me by ian believe that [i on the person of or Ed on the premises known as (name, description andfor location) One Ritz Big Print Digital Film 128 Megabyte CompactFlash memory card, marked 3608128AW4801CF 53 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 (desert° me person of property) the electronic information contained in that CompactFlash memory card, instrumentalities of such which is property that constitutes evidence of the commission of a criminal offense, 55 371, 1591, 2252, 2252A, 2422, and violations; and any fruits of those crimes, that is, violations of 18 U.S.C. 2423. cause to believe that the person I am satisfied that the affidavit(s) and any recorded testimony establish probable and establish grounds for the or property so described is now concealed on the person or premises above-described issuance of this warrant. YOU ARE HEREBY COMMANDED to search on or before (Date) or place named above for the person or property specified, serving this warrant (not to exceed 10 days) the person the day or night as I find and making the search fin the daytime - 6:00 A.M. to 10:00 P.M.)(at any time in same, leaving a copy reasonable cause has been established)) and if the person or property be found there to seize inventory of the person or of this warrant and receipt for the person or property taken, and prepare a written by law. property seized and promptly return this warrant to the duty Magistrate Judge as required at WEST PALM BEACH, FLORIDA Date and Time Issued City and State LINNEA R. JOHNSON United States Magistrate Judge Name and Title of Judicial Officer Signature of Judicial Officer EFTA00186643 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA No. 08-8067-LRJ IN RE APPLICATION FOR SEARCH WARRANT FOR ONE RITZ BIG PRINT DIGITAL FILM 128 MEGABYTE COMPACT FLASH MEMORY CARD MARKED 3608128AW4801CF53 IN THE CUSTODY OF THE FEDERAL BUREAU OF INVESTIGATION CRIMINAL COVER SHEET 1. Did this matter originate from a matter pending in the United States Attorney's Office prior to April I, 1999? Yes X No If yes, was it pending in the Central Region? Yes No 2. Did this matter originate from a matter pending in the United States Attorney's Office prior to April 1, 2003? Yes X No 3. Did this matter originate from a matter pending in the Narcotics Section (Miami) of the United States Attorney's Office prior to May 18, 2003? Yes X No 4. Did this matter originate from a matter pending in the Northern Region of the United States Attorney's Office prior to October 14, 2003? Yes X No 5. Did this matter originate from a matter pending in the Central Region of the United States Attorney's Office prior to September 1, 2007? Yes X No Respectfully submitted, R. ALEXANDER ACOSTA STATES ATTORNEY BY: ASSISTANT UNITED STATES ATTORNEY Florida Bar No. 500 South Australian Avenue, Suite 400 West Palm Beach FL 33401 TEL FAX EFTA00186644 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA 08-8067-LRJ IN RE: SEARCH WARRANT APPLICATION MOTION TO FILE DOCUMENTS UNDER SEAL The United States of America, by and through the undersigned Assistant United States Attorney, hereby moves to seal its Application for Search Warrant for the following reasons: The attached documents contain information relating to an ongoing grand jury investigation; thus, pursuant to Fed. R. Crim. P. 6(e)(6), all records and orders related to the grand- jury proceedings must be kept under seal to the extent and as long as necessary to prevent the unauthorized disclosure of a matter occurring before the grand jury. 2. Public disclosure of this matter would jeopardize the criminal investigation, notify potential subjects and/or targets and undermine the public interest and the function of the grand jury. WHEREFORE, the United States respectfully requests that the aforementioned documents be sealed. Respectfully submitted, R. ALEXANDER ACOSTA UNITED STATES ATTORNEY By: AtiRiUlilttliTIRINIFleat S II Flonda Bar No. 500 South Austra tan venue, Suite 400 West Palm 33401 Telephone; Facsimile: EFTA00186645 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA 08-8067-LRJ IN RE: SEARCH WARRANT APPLICATION ORDER GRANTING UNITED STATES' MOTION TO SEAL This matter comes before the Court upon the United States' Motion to Seal the documents related to its Search Warrant Application. The Court being fully apprised in the premises, orders that the motion is hereby GRANTED. DONE AND ORDERED in chambers, in West Palm Beach, Florida, this day of March, 2008. LINNEA R. JOHNSON UNITED STATES MAGISTRATE JUDGE cc: AUSA EFTA00186646 (Rev. 062005)Sealed Document Tracking Form UNITED STATES DISTRICT COURT Southern District of Florida Number: 05-8087-tru In Re SEARCH WARRANT APPLICATION SEALED DOCUMENT TRACKING FORM Party Filing Matter Under Seal Name: U.S. Attorney's Office Address: 500 S Australian Ave. Suite 400 West Palm Beach, FL 33401 Telephone: On behalf of (select one): 0 Plaintiff ❑ Defendant Date sealed document filed: 3/17,2008 If sealed pursuant to statute, cite statute: Fed. R. Can. P. e(e) (Grand Juty Material) If scaled pursuant to previously entered protective order, date of order and docket entry number: The matter should remain sealed until: ❑ Conclusion of Trial ❑ Arrest ofFirst Defendant la Case Closing ❑ Conclusion ofDirect Appeal ❑ Other: ❑ Permanently. Specify the authorizing law, rule, court order: The moving party requests that when the sealing period expires, the fled matter should be (select one): ❑✓ Unsealed and placed in the public portion of the court file ❑ Destroyed ❑ Returned to the party or counsel for the party, as identified above Attorney for: Movant United States o manta EFTA00186647 AO 106 (Rev. 5/85) Affidavit for Starch Warrant United States District Court SOUTHERN DISTRICT OF FLORIDA In the Matter of the Search of (Name, address or brier description of person to be searched) One Ritz Big Print Digital Film APPLICATION AND AFFIDAVIT 128 Megabyte CompactFlash memory card FOR SEARCH WARRANT marked 3608128AW4801CF53 in the custody of the Federal Bureau of Investigation CASE NUMBER: 08-8067-L1RJ 1, , being duly sworn, depose and say: I am a Special Agent, Federal Bureau of Investigation , and have reason to believe that on the person of or X 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 in the Southern District of Florida t there is now concealed a certain person or property, namely (describe the person or property): the electronic information contained in that CompactFlash memory card, which is (give alleged grounds for search and seizure under Rule 41(b) of the Federal Rules of Criminal Procedure) evidence, instrumentalities, and fruits of a crime, concerning violations of Tide 18, United States Code, Sections 371, 1591, 2252, 2252A, 2422, and 2423. The facts to support the issuance of a Search Warrant are as follows: see Attached Affidavit of Continued on the attached sheet and made a part hereof. X Yes _No Special Agent Federal Bureau of Investigation Sworn to before me, and subscribed in my presence: at WEST PALM BEACH, FLORIDA Date City and State LINNEA R. JOHNSON UNITED STATES MAGISTRATE JUDGE Name and Title of Judicial Officer Signature of Judicial Officer EFTA00186648 AFFIDAVIT (the "Affiant"), being duly sworn, depose and state: 1. I am a Special Agent with the Federal Bureau of Investigation ("FBI") and have been so employed for the past ten (10) years. I am currently assigned to PB-2, the Violent Crimes and Major Offenses Squad of the Palm Beach County Resident Agency, Miami Division. Among my responsibilities as a Special Agent are investigating crimes against children, particularly offenses involving child pornography and the exploitation of children. 2. I make this affidavit in support of an application by the United States of America for issuance of a warrant to search and seize evidence of violations of Title 18, United States Code, Sections 371, 1591, 2252, 2252A, 2422, and 2423; instrumentalities of such violations; and any fruits of those crimes located within electronic media, specifically two 128MB CompactFlash memory cards, seized in October 2005 by The Town of Palm Beach Police Department("PBPD") during the execution of a State of Florida search warrant at the premises located at 358 El Brillo Way, Palm Beach, Florida 33480, owned by Jeffrey Epstein (hereinafter, "Epstein's residence"). Those CompactFlash memory cards are more fully described as follows: (a) one Ritz Big Print Digital Film 128 Megabyte CompactFlash memory card, marked 3608128AW4801CF53, and (b) one PNY Technologies 128 Megabyte CompactFlash memory card, marked THNCF128NIMA(T00CB) 999223 TAIWAN 0247 (hereinafter jointly referred to as "CompactFlash memory cards"). 3. The facts set forth in this affidavit are based on my personal knowledge, information obtained in this investigation from others, including other law enforcement officers, my review of documents and records related to this investigation, and information gained through my training and -1- EFTA00186649 experience. Since this affidavit is being submitted for the limited purpose of securing a search warrant, I have not included each and every fact known to me concerning this investigation, but have set forth only those facts necessary to establish probable cause to believe that evidence, instrumentalities, and fruits of crimes, that is violations of Title 18, United States Code, Sections 371, 1591, 2252, 2252A, 2422, and 2423 will be found within the CompactFlash memory cards, specifically the electronic information contained therein. The Statutes Involved 4. The investigation involves possible violations of Title 18, United States Code, Sections 371, 1591, 2252, 2252A, 2422, and 2423, which provide as follows: a. 18 U.S.C. § 371 makes it an offense for two or more persons to conspire to commit an offense against the United States; b. 18 U.S.C. § 1591(a) makes it an offense for anyone to knowingly, in or affecting interstate commerce, recruit, entice, provide, or obtain by any means a person , knowing that the person has not attained the age of eighteen and will be caused to engage in a commercial sex act; c. 18 U.S.C. §§ 2252 and 2252A prohibit the manufacture, possession, distribution, and receipt of child pornography; d. 18 U.S.C. § 2422(6) prohibits the use of a facility of interstate commerce, including the telephone, to persuade, induce, or entice a minor to engage in prostitution or any sexual activity for which any person can be charged with a criminal offense; and e. 18 U.S.C. § 2423(b) makes it an offense for anyone to travel in interstate commerce for the purpose of engaging in any illicit sexual conduct with another person. "Illicit -2- EFTA00186650 sexual conduct" includes a commercial sex act with a person under eighteen or other sexual conduct with a person under the age of sixteen. 5. Section 2422(6) refers to activity "for which any person can be charged with a criminal offense." Pursuant to: a. Florida Statutes Section 794.05, a "person 24 years of age or older who engages in sexual activity with a person 16 or 17 years of age commits a felony of the second degree;" b. Florida Statutes Section 794.021, "ignorance of the age [of the victim] is no defense," and that neither "misrepresentation of age by [the victim] nor a bona fide belief that such person is over the specified age [shall] be a defense;" c. Florida Statutes Sections 800.04(5)(a) and 800.04(5Xc)(2), an adult "who intentionally touches in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks, or the clothing covering them, of a person less than 16 years of age, or forces or entices a person under 16 years of age to so touch the perpetrator, commits lewd or lascivious molestation," which is a felony of the second degree if the victim is 12 years of age or older but less than 16 years of age; d. Florida Statutes Sections 800.04(6)(a) and 800.04(6)(b), an adult "who [i]ntentionally touches a person under 16 years of age in a lewd or lascivious manner or [s]olicits a person under 16 years of age to commit a lewd or lascivious act commits lewd or lascivious conduct," which is a felony of the second degree; -3- EFTA00186651 e. Florida Statutes Sections 800.04(7)(a) and 800.04(7)(c), an adult "who: (1) [i]ntentionally masturbates; (2) [i]ntentionally exposes the genitals in a lewd or lascivious manner, or (3) [i]ntentionally commits any other sexual act that does not involve actual physical or sexual contact with the victim, including, but not limited to ... the simulation of any act involving sexual activity in the presence of a victim who is less than 16 years of age, commits lewd or lascivious exhibition," which is a felony of the second degree. f. Florida Statutes Section 800.04(2), "[n]either the victim's lack of chastity nor the victim's consent is a defense to the crimes proscribed by [Section 800.04]" g. Florida Statutes Section 800.04(3), "[t]he perpetrator's ignorance of the victim's age, the victim's misrepresentation of his or her age, or the perpetrator's bona fide belief of the victim's age cannot be raised as a defense in a prosecution under [Section 800.04]" h. Florida Statutes Section 800.02, a "person who commits any unnatural and lascivious act with another person commits a misdemeanor of the second degree." The Epstein Investigation 6. In the Spring of 2006, Detective with the Town of Palm Beach Police Department contacted me about the investigation of Jeffrey Epstein's solicitation of minors to engage in prostitution and his lewd and lascivious conduct with minors. The FBI opened a case file in July 2006, and your Affiant is the case agent assigned to the investigation. 7. At around the same time that the FBI opened its investigation, the U.S. Attorney's Office began a grand jury investigation. Your Affiant is one of the agents on the Federal Rule of -4- EFTA00186652 Criminal Procedure 6(e) list, that is, someone who is authorized to have-access to the facts of the investigation and the materials related thereto. 8. As part of the Federal Grand Jury investigation, a subpoena was issued for all of the physical evidence obtained by PBPD during the course of its investigation, including the evidence seized when PBPD executed the search warrant at Epstein's residence in October 2005. Included in the evidence seized during the search of the Premises were the two CompactFlash memory cards. I have reviewed that evidence, which included a number of photographs of topless and nude young women taken at Epstein's residence. The evidence, including the two CompactFlash memory cards that are the subject of this application, have been in the custody of the Federal Bureau of Investigation since August 2006 and have not been tampered with or altered. Prior to that, they were in the custody of the Evidence Custodian of the Palm Beach Police Department, and I understand that the evidence was not tampered with or altered while in PBPD's custody. 9. I note that I am aware that Epstein's attorneys have alleged that Detective made misstatements in his application for the state search warrant, but they have not moved to suppress any of that evidence in connection with the prosecution of Epstein by the State Attorney's Office for felony solicitation of prostitution. No federal agency was involved in the application for or execution of the search warrant, and this application is based upon evidence obtained through the FBI's independent investigation. 10. During the course of the federal investigation, federal agents have interviewed more than two dozen young women who have reported engaging in sexual activity with Jeffrey Epstein while they were under eighteen. All of those girls have reported essentially the same information. While they were under the age of eighteen (between the ages of fourteen and seventeen), they were -5- EFTA00186653 approached by a colleague — either an acquaintance at school, a co-worker, a "friend of a friend," or the like — who told them that they could make a lot of money performing a "massage" for a wealthy older man who lived on Palm Beach island. In some cases the girls were told that they would have to remove some clothing during the massage, other girls were not told about this. The girls traveled to Epstein's residence and entered through a side door into the kitchen of the residence. There they were met by Epstein and/or one of his personal assistants, usually The girls would be led up to the master bathroom area of Epstein's bedroom. The bathroom had a separate room similar to a dressing area where a massage table would be set up. The girls described the presence of nude and topless photographs of young women throughout the house. Epstein would lie face down on the massage table and the girl would begin by massaging his back and legs. Epstein would then turn over and begin to masturbate while instructing the girl to pinch his nipples or to straddle him. In some cases, Epstein would place a large back massager/vibrator on the victim's vagina. With some girls, he would digitally penetrate her vagina while he masturbated. The sexual activity with some minors progressed to oral sex, sexual intercourse, and the introduction of an adult female into the activity. With some girls, the sexual activity began with the first massage; with others, there was no sexual activity at first but sexual activity occurred in later massages; and in many cases, Epstein pushed the girls to engage in more and more sexual activity with each visit. 11. Almost all of the sexual massages ended the same way, when Epstein ejaculated. Epstein or one of his assistants would pay the girl $200 or more, depending on how much sexual activity occurred. A fee of $200 also would be paid to the "recruiter" who brought the girl for the visit. If Epstein liked the girl, he or his assistant would ask for the girl's telephone number. Later, one of Epstein's assistants would call the girl directly to arrange for the girl to return. In some -6- EFTA00186654 instances of scheduling a girl for "work," which was a euphemism for performing a sexual massage, Epstein's assistants would make the arrangement for the next time that Epstein was in Florida. During those calls, the assistant would invite the girl to return to Epstein's home to "work." None of the girls ever spontaneously went to Epstein's home to provide a sexual massage. The appointments were set up over the telephone. 12. The victims interviewed by the federal agents were asked about Epstein's knowledge that they were minors. Many of the victims specifically discussed their ages with Epstein, and he provided them with birthday gifts, made statements about trips that he wanted to take them on when they were eighteen, and discussed high school events and college plans with them. For other victims, the subject of age was never discussed, and for others, their "recruiter" instructed them to lie and say they were eighteen. 13. One of the young women interviewed during the course of the FBI's investigation was ■ who stated that she first met Epstein at the age of fourteen. Epstein paid■$200 - $400 to provide him with massages. According to during the three years that she saw Epstein, all but three of the over one hundred massages she provided were sexual in nature. The sexual activity ranged from self masturbation on Epstein's part to Epstein touching. vagina. On a separate occasion, Epstein introduce an unidentified female during a massage, who performed oral sex on. while Epstein had sexual intercourse with the unidentified female. 14. When. was approximately sixteen years old, Epstein's assistant, contacted, and told her that Epitein wanted to take some photographs of her. =, utilizing a digital camera, took nude photographs of, in several different locations in and around Epstein's Palm Beach residence. paid. $500 for posing for the nude photographs. Other -7- EFTA00186655 victims interviewed have repeatedly pointed to the existence of the pictures of nude and semi-nude women throughout the residence. 15. Efforts have been made to corroborate the statements a and the other young women who have described their sexual relationships with Epstein. With respect toll, there are telephone records showing phone calls taduring the time period that she was seeing Epstein.also described receiving gifts from Epstein via Federal Express. A grand jury subpoena issued to Federal Express contained records of a number of packages sent by Epstein or his assistants to.. Likewise, the statements of other victims have been corroborated through telephone records, Western Union records, travel records, credit card receipts, sales records of theaters, and rental car records. 16. Also, during the FBI's investigation, I interviewed a young woman, who had known Epstein several years ago, when she was in her late teens/early twenties. The woman was a struggling artist in New York who was specializing in painting nude portraits. Prior to preparing a portrait,■ would take several photographic studies. Epstein was very interested in her work and her photographs, and also expressed an interest in the artist's younger sister, Si' who was sixteen years old at the time. 17. Epstein and an associate/companion, Ghislaine Maxwell, made arrangements and paid for. to travel to one of his homes, located in Now Mexico. One morning during that visit, Epstein got into bed with.. Mr. Epstein toll that he felt like "cuddling."described Epstein's actions as "spooning" and constantly hugging her. 18. Epstein and Maxwell also made arrangements and paid for to fly home a for the primary purpose of taking artistic photographs of her family members in the nude. This -8- EFTA00186656 included the artist's younger siblings, two sisters,. an Due to the sensitive nature of the photographs■ created a photo log to document each image and the order it was taken. Later. learned that seven photographs, two 0. and five of the were missing. who was very upset, contacted Epstein's office and asked for one of Epstein's assistants to look for the missing photographs. also confronted Epstein and Maxwell about the missing photographs which they claimed they did not possess. A few weeks later received a telephone call from an unidentified caller who stated that the missing photographs were in Epstein's briefcase. The missing photographs were not recovered and.believes that Epstein is in possession of them. Although those photographs were artistic, rather than pornographic in nature, this further shows Epstein's interest in taking and maintaining nude and semi-nude photographs of minors. 19. I have interviewed.and.bout their experiences with Epstein. Botheandil are reluctant to divulge their experiences publically. During the interview with., she was visibly disturbed when recalling an incident with Epstein at his ranch in New Mexico when she was sixteen years old..tated that one evening Epstein had come into her bedroom and sat on the bed. Epstein stroked her hair and told her she was beautiful. was unable to recall the remainder of any events that evening. •has also expressed her concern of speaking publicly against Epstein for fear of reprisals against her or her family. The Items to Be Searched and the Information Sought 20. This application seeks permission to forensically examine two CompactFlash memory cards. Your Affiant knows that electronic media, i.e., CompactFlash memory cards, may be important to a criminal investigation because the objects may be used as storage devices that contain -9- EFTA00186657 contraband, evidence, instrumentalities, or fruits of a crime in the form of electronic data. Rule 41 of the Federal Rules of Criminal Procedure permit the government to search for and seize computer hardware, software, and electronic files that are evidence of crime, contraband, instrumentalities of crime and/or fruits of crime. I know that CompactFlash memory cards are most often used in digital cameras to store photographs taken with the cameras. However, memory cards can be used to store any type of digital data, including computer Ides. 21. The nature of electronic media, i.e., CompactFlash memory cards, requires forensic analysis to employ a variety of different search techniques. These techniques include, but are not limited to, opening files, reviewing directories of files, and searching for and analyzing deleted and/or hidden information. While conducting the analysis, data will be continuously evaluated as to whether or not it is within the scope of the issued search warrant. Only information within the scope of the search wanant will be acknowledged, shared with, or provided to, the investigators involved in this matter. All other information will be closed and maintained within the analytical unit. Forensic analysis will be conducted in close consultation with the United States Attorney's office for specific legal guidance throughout the analytical and reporting process. 22. I understand that reviewing the contents of the CompactFlash memory cards was within the scope of the State search warrant that gave rise to the seizure of the cards from Epstein's residence, and that PBPD reviewed the contents of the cards. I also understand that an FBI agent conducted a similar review when all of the items were taken into federal custody pursuant to the federal grand jury subpoena. Those reviews did not involve a forensic examination to determine if there were any deleted or corrupted files, which could be recovered only via such a forensic analysis. I understand that the cursory reviews performed by the other law enforcement officers did not delete -10- EFTA00186658 or add any files to the CompactFlash memory cards and, therefore, they contain the same information that they had at the time they were removed from the Epstein residence. While the cursory review performed by the FBI agent did not exceed the scope of the PBPD's review, and therefore did not require the issuance of a warrant, the forensic review that is requested by this application would expand that review and, accordingly, your Affiant requests the issuance of a search warrant in accordance with United States v. Jacobsen, 466 U.S. 109, 115-21 (1984). 23. As explained above, Epstein instructed one of his assistants to photograph using a digital cameranreported Epstein's unusual interest in, and probable theft of, nude photographs of the minor members of her family; and Epstein engaged in inappropriate sexual activity with numerous minor females. In light of Epstein's display of photographs of nude and semi-nude young women throughout his residence, your Affiant avers that there is probable cause to believe that photographs or other evidence of the victims' visits to Epstein's residence may be found on the CompactFlash memory cards. Accordingly, your Affiant seeks permission to forensically examine the CompactFlash memory cards for evidence, instrumentalities, and fruits of the crimes listed above, that is, the electronic information contained within the memory cards, including electronic files containing photographs, owner identification information, date and time information, names, addresses, and information regarding the source of any photographs or the persons depicted in any photographs. 24. Although the cursory reviews did not reveal any of the items sought, your Affiant avers that there is probable cause to believe that a thorough forensic examination, which would include the recovery of any deleted or corrupted files, would result in the discovery of the data listed above, which is evidence, instrumentalities, and fruits of the crimes under investigation. -11- EFTA00186659 WHEREFORE, your Affiant requests that this court issue a search wan-ant for the CompactFlash memory cards described in the Application for Search Warrant and for the seizure of the items listed above. FURTHER YOUR AFFIANT SAYETH NAUGHT. Special Agent Federal Bureau of Investigation Subscribed and sworn to before me this day of March, 2008 LINNEA R. JOHNSON UNITED STATES MAGISTRATE JUDGE -12- EFTA00186660 AO 93 (Rev. MS) 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: Affidavit(s) having been made before me by who has reason to Alltant believe that [] on the person of or Ed on the premises known as (name. description andfor 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 in the SOUTHERN District of FLORIDA there is now concealed a certain person or property, namely (describe the person or property) the electronic information contained in that CompactFlash memory card, which is property that constitutes evidence of the commission of a criminal offense, instrumentalities of such violations; and any fruits of those crimes, that is, violations of 18 U.S.C. §§ 371, 1591, 2252, 2252A, 2422, and 2423. I am satisfied that the affidavit(s) and any recorded testimony establish probable cause to believe that the person or property so described is now concealed on the person or premises above-described and establish grounds for the issuance of this warrant. YOU ARE HEREBY COMMANDED to search on or before (Date) (not to exceed 10 days) the person or place named above for the person or property specified, serving this warrant and making the search (in the daytime - 6:00 A.M. to 10:00 P.M.)(at any time in the day or night as I find reasonable cause has been established)) and if the person or property 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. at WEST PALM BEACH, FLORIDA Date and Time Issued City and State LINNEA R. JOHNSON United States Magistrate Judge Name and Title of Judicial Officer Signature of Judicial Officer EFTA00186661