403 Unsealed Epstein Depositions Etc

Case 9:08-cv-80736-KAM Document 403 Entered on FLSD Docket 06/02/2017 Page 1 of 5
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA
CASE NO. 08-80736-CIV-MARRA
JANE DOE 1 AND JANE DOE 2,
Petitioners,
vs.
UNITED STATES,
Respondent.
____________________________________/
RESPONDENT’S NOTICE OF FILING EXHIBITS IN SUPPORT OF OPPOSITION

TO PETITIONERS’ MOTION FOR PARTIAL SUMMARY JUDGMENT, AND
RESPONDENT’S CROSS-MOTION FOR SUMMARY JUDGMENT
Respondent United States of America files the attached Exhibits in support of its
Opposition to Petitioners’ Motion for Partial Summary Judgment, and Respondent’s Cross-
Motion for Summary Judgment:
GOVERNMENT SUMMARY JUDGMENT EXHIBITS
Exhibit Number Item
A Letter from James Eisenberg, Esq. to AUSA A. Marie Villafaña,

September 21, 2006
B DOJ Office of Enforcement Operations approval of testimonial

immunity for Jane Doe 2, April 13, 2007
C Transcript of April 24, 2007 Interview of Jane Doe 2
D December 21, 2007 letter from Jay Lefkowitz, Esq. to United

States Attorney R. Alexander Acosta
E August 4, 2006 victim letter to Jane Doe 2
F August 11, 2006 victim letter to Jane Doe 1
G Epstein appeal letters to DOJ Child Exploitation & Obscenity
1
Section (CEOS)
H May 15, 2008 letter from CEOS to Jay Lefkowitz
I June 23, 2008 letter from Senior Associate Deputy Atty General
John Roth to Lefkowitz
J January 2008 FBI victim letters to Jane Doe 1 and Jane Doe 2
K November 28, 2007 letter from Kenneth Starr to Alice Fisher
L December 11, 2007 letter from Lefkowitz to Acosta
M Attorney General Guidelines for Victim and Witness

Assistance (2005)
N November 27, 2007 email, Jeffrey Sloman to Lefkowitz
O December 26, 2007 letter, Lefkowitz to Acosta
P Complaint, E.W. v. Epstein (Jane Doe 1)
Q Complaint, L.M. v. Epstein (Jane Doe 2)
R FBI Special Agent E. Nestbitt Kuyrkendall Declaration
S AUSA A. Marie Villafaña Declaration
T July 11, 2008 Hearing Transcript
U August 14, 2008 Hearing Transcript
V Letters to Deputy Attorney General Filip from Epstein attorneys

(May 2008)
2
Respectfully submitted,
BENJAMIN G. GREENBERG
ACTING UNITED STATES ATTORNEY
By: /s/ Dexter A. Lee

Dexter A. Lee
Assistant United States Attorney
. Fla Bar No. 0936693
99 N.E. 4th Street, Suite 300
Miami, Florida 33132
Tel: (305) 961-9320; Fax: (305) 530-7139
E-mail: dexter.lee@usdoj.gov
/s/ A. Marie Villafaña

A. Marie Villafaña
. Fla Bar No. 0018255
500 S. Australian Avenue, Suite 400
West Palm Beach, Florida 33401
Tel: (561) 820-8711; Fax: (561) 820-8777
E-mail: ann.marie.c.villafana@usdoj.gov
/s/ Eduardo I. Sánchez

Eduardo I. Sánchez
Florida Bar No. 877875
99 N.E. 4th Street
Tel: (305) 961-9057; Fax: (305) 536-4676
Email: eduardo.i.sanchez@usdoj.gov
Attorneys for the Government
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on June 2, 2017, the foregoing Notice of Filing Exhibits in
Support of Opposition to Petitioners’ Motion for Partial Summary Judgment, and Respondent’s
Cross-Motion for Summary Judgment was filed with the Clerk of the Court and served on counsel
on the attached service list using CM/ECF.
3
/s/ Dexter A. Lee

Dexter A. Lee
SERVICE LIST
Bradley J. Edwards
FARMER, JAFFE, WEISSING,
EDWARDS, FISTOS & LEHRMAN, P.L.
425 North Andrews Avenue, Suite 2
Fort Lauderdale, Florida 33301
Tel: (954) 524-2820; Fax: (954) 524-2822
E-mail: brad@pathtojustice.com
Paul G. Cassell
Pro Hac Vice
S.J. Quinney College of Law at the
University of Utah
332 S. 1400 E.
Salt Lake City, Utah 84112
Tel: (801) 585-5202; Fax: (801) 585-6833
E-mail: casselp.@law.utah.edu
Attorneys for Jane Doe 1 and Jane Doe 2
Jacqueline Perczek
BLACK SREBNICK KORNSPAN & STUMPF
201 S. Biscayne Boulevard, Suite 1300
Miami , FL 33131
Tel: (305) 371-6421; Fax: 305-358-2006
Email: Pleading@royblack.com
Roy E. Black
BLACK SREBNICK KORNSPAN & STUMPF
201 S. Biscayne Boulevard, Suite 1300
Miami , FL 33131
Tel: (305) 371-6421; Fax: 305-358-2006
Email: Rblack@royblack.com
Attorneys for Intervenor Jeffrey Epstein
4
Dexter A. Lee
99 N.E. 4th Street, Suite 300
Tel: (305) 961-9320; Fax: (305) 530-7139
E-mail: dexter.lee@usdoj.gov
A. Marie Villafaña
500 S. Australian Avenue, Suite 400
Tel: (561) 820-8711; Fax: (561) 820-8777
E-mail: ann.marie.c.villafana@usdoj.gov
Eduardo I. Sánchez
Florida Bar No. 877875
99 N.E. 4th Street
Tel: (305) 961-9057; Fax: (305) 536-4676
Email: eduardo.i.sanchez@usdoj.gov
Attorneys for the United States
5
Case 9:08-cv-80736-KAM Document 403-1 Entered on FLSD Docket 06/02/2017 Page 1 of 2
GOVERNMENT
EXHIBIT
A
GOVERNMENT
EXHIBIT
B
GOVERNMENT
EXHIBIT
C
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1 IN nit:: CIRCUIT (()lff< I 0 1 Tllr Flf'TEl:NTM J UDI CIAL U HC:IJTT

TN /\NI) f-' OR PALM BEACH COUNTY, FLORlDA
2 Sll\ J' E OF FlORIDA
3 STATr OF FLORIDA,
4 vs.
r;
JCFFREY c PSTCIN,
(j LJl;!fend,1n r.
7
- -----.,......- - ---···-..--...-·-
8
9 TRANSCRIP T OF T/\1'1:l> ~T'AT CM[NT OF l

4--24-07
10
ll
.12
•
.l3
1.4
15
16
17 Tran~r.d h<.~d by:
Vicki S. Woodham, rnurl Repor te r
18 Notary Publ ic , S t at~ ot rlorida
consor & nssoc i atcs
19 1655 Pa lm Beach ldke~ Boulevard, suite 500
West Pa l m Beach, ~lori d~ 33401
20 Phone - 561.682.090'.i
21
22
23
?<1
25
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WO? · O·l ?.'i TXT
1 (Taped statement as follows:)

7 AGl::NT RTCHARDS: This ·j f. Speci ,1 l Aucnt Jason
:~ Richards wi th th~ ~81 a long with Speci~l A9~nt
'1 Nes bit Kirkendu l <'\nd ..,ssistanl united Stc'\tes
s Attorney Marie Bil~fon iJ here to conduct an
6 i nterview with Ms. Al ~o present i !;
7 h~r attorney, Jim ~i senb~rg dnd Carrie Sheehan.
8 Mr<. EIS[NIJF:RG: And we ;1 ,·c here -- Thi$ i ~ Jim
9 I: i s enbcrg and my fov,~s ri g;nnr", M:.. Sheehan i ~ her~.
10 /\nd we' re hP.rf! pur'..iu.tnt to a ~uhpottna t hat was
1l served on me fo r· M and that's why we'rp
• .12
13
14
J.S
hPre.
ACl:NI
So Ms . Bi l~foni a , it's your show .
~s. tSl l AFONT/\ :
IUOIARD!> :
Okay , qreat.
I also want to add that the
date is 4-24 -07, and the time by my watch is 4:21
16 p . Ill .
17 tSY /\GENT RJ(H/\RDS :
18 Q. Tatum, w<.~ j u st w<'\n't t:o ~. tart off and r•n lead
19 off first . w~ just want to get some b~ ~ic info ~bout
20 you, simple stuff. T 'v~ yot your date of birth as
2l 7·· 26-S8 ; ·1~ that correct?
22 A. v0s. s ·ir.
23 Q. I just wanr to qet like your h.:isics l ·i ke that
2'1 $tuff first . Your cu rrent address?
75 A. Royal Palm Beach,
•
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l 3341.1.
2 Q. You have a c.ell phone or --
3 n.. S61 - .
'1 Q. And home phone?
5 A. on·ly cel l.
6 Q. only cel 1 , okay. Now hJVC you had oth ~r· eel l
7 phone m1mbers in Lhe p:i!': t ,lnd do you know any of Lh0$c."?
8 A. . . . . . that's t he on·1y oni:> l c,tn rc~mernber .
l) Q. okay . But you h;uJ :mm1~ oth ers ?
10 A. llh- huh .
• 11.
1.2
13
1.4
Q.
Q.
A.
Ok;-ty.
BY MS. RI L~FONIA :
who ' s your service provider?
Metr·o.
] ,.
. ·' Q. MeTro . And for Lhat other number n s wel l ?
16 A. Yes.
17 BY AG(NT k!Ct~RDS:
16 Q. Where di d you go lO high schoo11

19 A.
70 Q. And wha t year di d you gradua te?

21 A. T dr()pp~d Ollt i n el(~vcnth .
17. Q. what year was th~t that YDLI dropp~d out, do you
n remember?
2,, A. No .
2S Q. what year wcrc you suppo~,l:'d to qr.tduate, your
• f>.i.gc 3
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2 A. I 06 ,
3 Q. Ok.:ty.
'1 A. I h~d got my GFD.
'.i Q. when did you get tha t?
6 A. About three mon r.hs ago .
7 q. And arc you goi ng r o (o l l ~ge a nywhcr~
8 currently?
•
9 A. Not ,.; qht now .
1ll Q. Pl ans ?
11 A. I h .1 vt~ pl ~,n s.
12 av MS . BILAFONIA:
:u Q. wh~r~ ~re you thinki nq about going ?
14 A. I'm not posi t i ve wha t 1 wa nt ro do . There's a
15 'lot: of t:h·ing s on my mind, but ri~1ht now I'm foc:u~ing on
16 my son. r have a two yea r old ~o right now I'm just
17 wo r ki ng .
18 AGENT Rl( HAHDS: HP. . !'; a h ,tndfu"J?
lY TII E WITN C$5 : Ycuh .
20 AGENT RICHARDS: l havP. on~ . t uo.
21 THF WI TNE SS: Yeah . So i n Lhc fu t ure, I ' m
22 definitely going t o 90 to col lege . I ' m go ing
23 d~finitely going to go t o s chool . RuL I have, you
24 know, ,1 1H()cltd i n9 G H'(•1:• r· uoinr.J on righ t. now t h.it ' s
• Pil 9P. ,1
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hopP.fully yuing to~- s ~ y n u wi l I notice mP,
.l hop~fu11 y, ,ind that woul d be grc,lt, but 1 don't

2 know.
l BY MS. lilLAfUNIA :
4 Q. Where e lse arP. you wor'ki n~J?

s I\. I work for Advanced Clcaninq Syst ems. They
6 cle~n corpct5.
•
7 /\GENT RICHARDS: Adv;:mc e d whnt wa~; it?
8 THI:: WlTN ESs: system cl ~~ni ng .

9 BY MS. BILAFONIA:
10 Q. And wh~re are they loc:ated?
11 /\. Las Pal m~s . 11 Swanee, S-w- a- n- e-e, swan~o
Q. Are you wo r king in ,1 " offi n.• there or do you go

14 ou't to p 1.::c,pl e ' s homes?
15 A. I work in an office there .
16 BY A~[ NT Rl(H/\RDS:
17 Q. obviously, you know why w~' re here and what we

18 want to Lalk ~bout. So l et me just kind of lead int o do
19 you know 1crrr0y Epstein?
70 A. Yes.
:n. Q. Y t".<; , of cvur~<:! , you do . Now when d id you meet
22 J c::f f:' Does hP. go by Jeff or Jeffrey or - ··
•
23 /\ . Je'l-fr e y .
Paqe S
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74 o. Ok,1y. Whl:'n did you meet him <'Ind who i ntrodun~d
l. c-., you to ·1 ~ffrf'y?
.l A. My girlfriend, Carolyn, introduced me to

2 .H: ffrey.
3 Q. Do you know her last name?

4 A. No. she wa s a friend of one of my fr i~nd s , ~u
5 T. rP..:illy clidn'r. know her.
• (-j
9
BY MS . BILAFONIA:
Q.
A.
r emembe ,·.
WhPn was th~t?
r r~ally couldn't tell
It ' :.- been so 1 <Jny .:,gci .
you. I don' t even
10 BY ACi[NT H1 LI IAJ(U S :
11 Q. Su Cilrolyn introduced you to him . was it at a

12 pa r ty setti nq or· ll<Jw did you guys meet?
13 A. No. she came to me and she s~id hey , would you

14 like to ~~kP ~ ~ouple doll~rs and I said sure. I sai d
15 doin9 wh,1t') Sht> said, wel l. I know t hi ~ Je ffr e y. lie
16 liv~s on Palm Beach Isla nd ~nd I bri ng girls the r e and he
17 likes massages and 1 was l ik~ okay . so I ~sked her, 1
.l8 .s ct ·id well , wh,1r. abour rny a9l!i' A.Ml she .said we,.!, just
l !) make s ure that you t e l I him that you ' re 18. And I had~
20 fake I O at the tim~ ~nd we w~nr ~h~re .
7.1 Q. Okay . /\nCI .:ibout what time p~r iod w..i ~ it Ll1f.l L
• rage G
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• /.007 - 0tl -25 rx,

n you went over there f-irst, do you rcm1~mbc r ·t
23 A. whar r i mt> pf'r-i od'!
;~4 Q. Yes. AS f:i r as what yea,· W,)!", l h.) l th,l I. you
;, 5 w(•r·t~ in s ,:htio ·1?
1 A. I W.)~ Hi .
2 Q. sixteen.
3 BY MS. BILArONIA:
•
4 Q. were you a freshmJn or J sophomore. do you
5 remember?
6 A. 1 cou l dn 't T~ll you . T ~nuldn't tell you.
7 Pr-OIMb 1 y c1 sophomore.
8 Q. Now you said th.it C.::.irolyn to ld you that he
9 likec, 111assau1::~. Did ~he eh1bor.lte on what types of
10 rnass.1gc.5?
11 A. sh~ ~did ~om~timcs he l ikes topl ess massages,

12 but you don'r hJv~ tn ~o ~nything you don ' t want to do .
13 He just likes ma5sages.
14 Q. And do you know whether c~rolyn h~d given hin,
.1.G A. ve~h. s h~ s ~id s he ' s done it before.

17 Q. And do you know wh~t hP- r c11·nlyn h:1d 1:.:iken ;1ny
1S ot.h~r yir.l s uver to sec Jeffrey?
19 A. Y~s . she probably did.
•
20 Q• D·i cJ .<.hf' 1:1.• n how IOU<;h yc)U Wl)t/J U lntlk<-:?
P;.\(JC 7
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21 A. YP <;.
22 Q. what did she tell you!

7. 3 A. we go there and we m~ke S/00 in 30 minute~.
24 Q. Now you said tha r you .1<;ki~cJ ht>r' , yuu knuw, wh.it
i' 5 do I need to be worried abou t nfy age. why did you a s k
2 oecause I don· t: w.:int to be - - you know. it w.is
• 3
'I
S
6
like I w~~
in t.rouble, so
undPrage and 1 wa ~ yuun~ and I was pretty
stupid and I didn ' t w~n t to Q0 l -- 1 d idn't want to ~ct
I
anywnys, saying tha t I w.1s .UL

<1lway s rnadt! S \Jr"t' -- I h.-id ~\ f,,kc ID ,
And r. h~: ju~t ~,1id 111akt'i
7 s ure you're 18 becaus e Jeffr~y doe s n't want ~ny underage
8 qirl s .
9 RY ~GF.NT RICHARDS:
10 Q. Now C.1 ro l yn. cl-id •., he - - whl:'rt..? di cl you meet her
11 at? In school ? wha t s ett ing?
12 A. twa s a t a fr i~nd' s huu ~e. my yirlfri~nd ' ~
13 house. I don' t know what girlf r iend ' s house ·it w~s.
14 Ev~rybody was just hanging out. And she said -- she came
lS up to me and .<:hP. a.c;k('(l rnr. Shi) :;,, id. do you want to make
16 a couple bucks and r s<1id sun:· .

17 (}. And ,l ·fter th<? h rst t imt~ r h:1t :,;h,'! t.ook you CJVt~, -
18 t h~re to meet Mr. Epstein . did sh~ ev~r ca ll you again t o
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].C) ._ ,,.t up :iny ;ippointmcnts w·ith him 01 · .1nythin9 'lik<: t:h,u?
<!O A. Nv .
). ] Q. Did she ever call you on the phone is wha1 T'm
A. No , T gav~ J~ffrcy my numb~r. And I sai d, you

24 know, any time you w,lnt me to 9ivt" you ., m.1ss~9c a9ain,
2S I'll more Than welcome tu.
l BY MS. B!LAFONTA:
• 2
3
4
S
Q.
A.
Q.
so Carolyn took you t hat tirst Time, hut th~n
.ifter t.hat you commun ·i ca ted di rcct I y wi th Jeffrey?
uh-huh.
Tell us about that first time that you went to
6 his house. who - - how did you get lhPre?
7 /\. One of C.:iro'lyn's friends :-ind t.hP.y <J,-opp1:~d us
8 off and then we went . You know, we got escorted up to
9 the massage room and he told me everything. He said,
10 Listen. I like mas s.:igt~ s. MHI we had the whoh"! massage
11 table laid out , the lotions J nd everything. And s he w~s
12 ·in t h en! fort.he f ir:c.r li kt' ri ve minutes. And the first
13 time I gave him a mass~ge, ~he lcfL the room and I gave
14 him ,1 m,ts5a9e. And she tolcf mt·. :;he ~uys he likes women
1~ topless massages. so 1 will ingly l he first time took off

16 my I.or wht'n I yav~ him a mas sage and nothing more th~n
•
.l7 that. It W.lf. ju~1: ;, bad< fll<lS5,HJC? ,1nd neck m.:,ss;s~Jt" ttnd T
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.l8 was out nr Lhere .
19 Q. okay. l~t me j ust ask you a ~oupl P uf
70 fo l low-up questi ons. You s aid t hat someone c>scortt'' d you
n up to the room . Do yo u kn ow who t h.i t \'1as?
V A. One of what ' s her name? Act ua ·11y, sara,

2J S,11·,1 i u st said, you know. ·it's up th1: rc .ind she just t o ld
;>,, me where it wa s.
l"., Q. And then you said t hat you and Carolyn went
10
• 1
)
:~
up~ta irs togethe r?
A.
Q.
Uh- huh.
And (.,) ro l yn $t,Wl?d i n th('n: fo r t he fi r~-t few
'1 mi nur.es·!
5 A. llh - huh .
6 Q. was J effrey ~lready ·in ,: ht) room by th1..· tim1~
7 ( a n.1 lyn ·1eft?

A, Yeah, he was in the r oom .
q o. Okay . was he t he r e when you guys showed up in
10 the r oom o r di d he come i n after you we r e alr~ady the r ~?
11 /\. H~ was ·i n t he r oom a l ready.
12 o. And you s aid tha t you took you r lOP of f . Did
U anybody a~~k you to take i t ott . Ii ke did D ,·o l yn r..,y i 1 ' r.
14 r im~ fn r ye~ lo t~ke i t of f?
1S A. No. she wa5n' t ·i n the room.
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17
18
J.9
Q.
I\ •
m.::is~~ga~ tople ss.

?.007-04-25 -
ijy the time you took ii off, okay.
TXT
1 sil i d, 1 told l~ffrey, I heard you l ik~

And he's lik~ . y~ah, he sa id , but you
don't hav~ t o do anythi ng that you don' t f ~el comforta ble
20 with. And t sai d okay , but r wi ll ingl y t ook it o tt .
21 Q. Ok~y. And during that ~rsL massayt', you sdi d
22 that you gave him a s hou lder and neck massage?
23 A. N~~k. bac k. shoulder . ye~h.
24 u. was he face down the entire time th a t he got
2S
• l
2
A.
Q.
Y~.)h.
And what did you do cluri ng the ma ssa9e.·t Did

11
3 you t .:1 I k or - ..
4 I\. Yc.:1h, we ta'l kc:d.
s Q. And wh.:it wou I cJ you t,1 'lk about w·ith him?
6 A. wel l , we were just gett·i ng to know each other.
7 Wt~ l ,l l kP.d ,1hou t how Illy lift•~L yl<.' was, Whdt he ll i u for il
8 1 i vi ng .:ind ju$t all positive things, re:i 11 y nice thi nq :.;.

9 Q. okay . wha t w~ s h~ wearing wh en you fi r~ t ( ame
10 in the room?
11. A. I ' m sorry. when he fir~t -- when he first came
12 1n the r oom, he was f ul l y cl oth~d . And t hnn he s~id, yuu
13 know. w,1 it c1 S"-!<.:ond. I· m goi 119 to 90 on the mass;:ige
•
1'1 t~ble ~nd he put~ t owe l over him j ust like a normal
Paqe .ll
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•• 15
l.6
17
masseuse would do .
Q.
A, Uh ··huh.
2007 -. (M - )'> -
Did he undr·e~,s and put ;i

. TXT
towe I around him"!
18 (). okay.
19 A. Yeah, I didn 't st:·<~ o:\nyt h i ny. It was :iust back,
20 nP ck and shoulde rs.
ll Q. And after the mass~gP w~ s over, you r eceived
n tht> $2007
23 A . Mf! 9 i Vt.~ .·; ln(.)n(.'Y r i ~Jht m•my.
24 Q. I'm sor r y. WJS that before you started the

25 massag~ or aft~r thP m~ss~gp he oave you?
• .I 7
1 A, ThP. fir~ t" r i tnf\, h~ gaw~ mP. rhe monP.y r i 9h I

2
3 (J. o kay . And he's the person t hat p~ i d you l h,•
4 $200?
5 I\ . No. it ' s always Sara.
(i Q. S~ r ~ q~vc you the money?
7 /\ . 1.Jh -huh.
8 ~y AGENT RI(HAROS:
9 Q. what ' s Sara's last name, do you know?

10 A. 1 don't kn nw.
.1..l MR. EI SENBERG: YOU can't look at p~pcrs . 1t

12 you think you know, you know . If you don't know, --
• f'agc 12
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l3 THE WITNESS : NO, .( don't know. I don't know
14 S,1r;i's last n.:tnt<'. H(~ <JOt:'S.
15 RY MS. 8ILAFONIA:
lb Q. ok;iy. ThP only Lhiny t'm confu ~~d about is you
17 said that Sara didn't ~ven take you upstnirs. She j u$t
18 told you whe re you should go?
A. Uh - huh .
20 Q. so when did sh~ pay you the money?
l1 A. She paid me then and there when L first wa l ked
7 '1 in t: h(• d c)tH', me .ind C.H'td yn.
lJ BY AGENT. RICHAkD5 :
24 Q. s he paid you h~fnr~ you w~nt upstairs?
25 A. Yes .
•
13
:I. BY MS. BI LAFONIA:

7. Q. And how much Wc\ S Cctrolyn pc1id?
3 A. Everybody qot paid $200 .

JI Q. /\ nd .iftl'r' - - So aftf! r the m.t!>Si.\9<? W.1 $ fi rd ~ heel ,
you $ii.i d thJt you h.id ,, l re .., cly been paid. who asked you
ti for your name and telephon~ numbt!r?
7 A. Jeffrey ~~.li d, Wl.!'l"l, I'd like to sec you ag,li n .
8 can I have your number? From wh~t I remember. I'm pretty

9 sure he asked rnP. for my nurnb<:•r .-u,() T gavP. h·i m my ru,mb(',..
10 Q. okay.
•
11 [SY AC.ENT Kf(HAHI>~:
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• 12
13
1/J
Q.
hd ndy, t hope?
A. Uh-huh.
l007 - 04 -2 5
o ·i d he writ<~ ·i t down ups ta it"s '?
TXT
Ht· hiHJ a pen
15 IW MS. fHLA FONlA:
16 Q. on that firs r 111.1ssa~w, you s,d d that you wur-kcd

17 on hi m topless. " ut when you first started , did you take
18 what we re you wearing?
19 A. T wJs wearinq a shirt, ~ normal shirt ~nd
20 jeans. And I st~rted tu du J massage and I said well, I
21 h~<lr~ you lik~ topless mass~gcs. And , of ~ours~. he
22 t hought I was 18 . And hp'c; like yeah. I do. I prefer
23 th<1 t . And who wouldn ' t, you know? so T ~aid okay and T
74 took it off .
Q• And you took ott your br-a as well ?
•
14
.1 A. YI~ $.
2 Q. And you left your· j (~,lrl 5 on ?
3 A. Ye$.
4 Q. okay. So you (J.lVt;' h "inl <I ma ss.1qe. Did he
S request you do anythin~ s p~c i~l in the massage?
6 I\ - No .
7 Q. And he n~ve;•, · , urned over in th.1t f ·i r s t mas sag~?
A. No.
9 Q. Su you sa irl 1h~r that day you gJve your name
• I>;) ff(! l '1

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• 10
11
l l.
13
and number to Jetfrcy.
A.
7007 - 04 - l~
him or anybody who wo rked ror him?
would like to come out ;:tq,1in a nd I ' d l ·ike to

TXI
wh~n wJ~ your next cnntJCt from
Sf:'e you
1'I aCJain . I said sur~. I tuuk ,1 Laxi Lhtre ;rnrl T wP1,1·
:LS there again.
'.L G Q. The f(,llc,wing day?
17 /1.. ThP. n~xt. d.:iy.

l.B Q. okay. And you said thilt Jeffrey ,~ th~ p~r~nn
lQ who c.:ill ed you tor th.:lt appointment,
lO A. No, Jeffr ey ~i~ no t. no . s~ra, s~r~ actually
21 cal led me. ~rom what I rememb~r. Sara actually c~lled
22 rm~.
Q. okay. And she s aid Jeffrey says he wants to

1. 4 see you again?
•
25 A. Yes .
15
Q. And then you said you took a taxi?

I. A. Yes.
Q. Is that how you wou l d norm~l ly QCt to and from
4 his house'/
5 A.
6 don't dri ve, yeah.

/ 8Y AGENT RICHARDS:
•
s (J . How did y1)u qci t home t he f ·i rst time when
· Pa~1e 15
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/2007 9:08-cv-80736-KAM
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• 10
9
J..l.
Carolyn took you ove ,·?
A.
Q.
7.007 - 0-1 - 25 TXT
o·icJ she 9ct a t,1x i?

No, our fr iend cam~ back and pi cked us up .
wh ich fri ~nd w~ s that?
17 A. Hi s name wa s Brian . I don't know hi s las t
13 name.·. 1 re.:illy didn' r. know c:arolyn clnt.l I didn't know her
14 f riends or whatever, but I met Jeffrey. And once J met
l'> lrffrey, h~ "la~ a very ,1wesome guy .~ nd T just -- I don't
16 kn<>w. I ended up qivinq him my number so ·r r.ou.l d '(
17 didn 'r. w;un CM't>lyn or Br·i,1n to dr i ve me anymore . !
LS ~ould rather go to him on my own.

19 RY MS. HILArONIA:
:w Q. when you would take the t ax ·is to ,Hld fr(.)111,
21 wnu1d he p.iy fvr them?

l./. A. uh - huh .
Q• An~ h~ wuuld pay when you ar rived!
• 2'1
25
A.
Q.
llh-huh.
And then he would just Qi vc you extr~ money
16
1 when you lef t to pay for t he tilxi?

2 A. No . no . I neve r ~sked him f or extrt1 mon ey , so
3 r j u~t pa id fo r my own taxi.
4 Q. okay. Sn From th~ money t hnt he paid you for
S Lhe massage?
•
(j 1wo hundred, yeah .
63
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• 7
8
,WOY -0'1 --25
this and I said yP s an d h~ t urned around.

TXT
like at Lh~ end of the mas s ag~. our 30 - m i nutes massage ,

usually it wa5 Pven s horL ~r lh~n that.
/\nd
And he
l hlS Wi\S
9 masturlJ.HerJ ,'11: the end of the massage and i l w:i ~ 1 i kc two

10 sccorlds Jnd I was i u !>L top l P.ss.
11 Q. And when he turned over , then did he touch you
12 Jt ~11 or was he ju~t
13 A. No. T did not touch him. He did not touch me.
14 He didn't even want ~-
Q. vou cJi cJn' t Ii kc continue the ma$ $.'lgt~ wh i 1 e he

16 w~s mJ s turbating or anything?
17 A. No.
18 Q. Okay. t cue you off. You said he didn't pvpn?

19 A. Hf: d idn ' t w;rnt me to touch him and he dirln' r
?.O touch me ,n n11 .
• 21
22
24
Q.
A.
long t:imP..
Did he ever os k you co rub his ch es t or rub hi s
nipples during the massage?
Ac tui lly , la ter un -- because I s aw hi m for a
La ter on, I .l$kect him . you know, and I asked
25 him -- I would tJ i ve h ·im -- you know , t would rub hi <,
18
1 ('. hcst or wh,Hevf.! r and m;1.. , s ,lgP. him while he w.:t!",

l ,11;is t: urbatinq. yc,1h .
Q• So cvcnlually you would continue the ma~~rl9~
• Page 18
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• I. A. oh - huh.
2007 ·· 0 4 · 25 .TXT
1.7.
2 Q. uow did t ha r <;lr.11·t?

3 A. He likes to see differe nt faces.
4 o. so h~ as ked you if you h~rl Fri Pnd s tha t you
5 could bring over or other 9irl s?
6 A. llh - huh .
7 Q. And how did you decide who you wo uld ask to
8 come over?
9 A. A·11 of my good-looking girlfr iends and if th~y
10 h,1d f r iends . It's al l about, you know, we were just
11 muk inq money .1nd Jef frey is an awesome guy . we j ust, you
l?. know -- l wouhl te'l°I my girlf ri e nd ::; just l ike C.trolyn
•
13 .ippro,1ch0ct me. M,\ ke sure you t~~ ·1·1 h i m you' re 18. we l I •
14 tht!::.c lJ i r ls th.it I brou9ht, I know t hi.lt they wl!n: 18 or·

15 19 or 20. And t he gi r h th<1t :( didn' t know and T. don ' t
16 know it they were lying or not, I would say ma ke s ur~
17 th.t t you t<:! ·11 hi in you' nt 18.
18 Q. ok.1y. What e x.1 c;t ly would you ten t hem .ibout

19 what wou l d h~ppen aft~r you got to t he hous e?
lO A. r s aid he likes massages, but he prefers
21 t oples s massages. But if you·r~ nut cumfortablf!, then
2 7. don't do it and it won't matter.
23 0. And d id ;.1 n y of thcrn ti:! 11 y1JU what h,tfJpt>ru:-d
24 i.\ f t c r· t. ha t?
2'.i A. A lways, a l ways, I even asked t hem .
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2007-04-25
23
1 Q. Okay. And with the other girls, w~s it th~

2 same a~ wh,1 r you ,J-id 1.ir· di ffcnmt?
3 A. Yeah, yeah. I mean, w~I I, 1 was more willingly
4 t<> do m,,re, you know . I. i k~ I S<! id, I went nude for him
) one tinte. But t he other· qirls. t hey practic;illy wP.rP
6 topl~~s and thdt's all that they were willing to do.
7 some gi rl s didn't want to go top·le~,s and Jeffrey didn't
8 mind.
9 Q. were there girls lhJt you b rough t back multiple
JO t·imes?
11 A. A couple, a couple, hu t he really lik~d to ~e~
• 12
13
1'1
J. 5
d·i fferent faces .
Q. okay . I 'm just: wondering are rhere som~ g·irl s
he rea lly li ked a nd others he didn't like or did he have
any preferences i n terms of blondes , brunettes?
Hi A. He liked girls like me.
17 Q. Okay. Thin and attractive?
18 A. T guess . vcah, ve ry Jtt r a ctiv~ women . And he
19 didn't S<ly girls. He said women all the t ·i,ne.
20 Q. o·i d you ev~r br'i ng anybody he didn't c:a re fo,·?
)J. A. Huh-uh.
22 Q. YP.ah?
23 A. Yeah.
24 Q. How W<\S she. di ff~ren t than ·t.he others?

25 A. ~lack. ! screwed up .
•
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63
•• 2007 ·- 0•1 "· 25
1 Q. How did you know you screwed up·?

;, A. He doesn't l ·i ke black women. obviously.
:i Q. So he let you know? Ii<; to .Id you thut?
4 A. Yeah, bur hP. W,1:'. ~, ;n n i n • ,rn<l ht~ SI' i'l ·1 g,)Vf'
5 her her 200 even though he didn't even ha ve a ma ssage by

6 hQr .
7 Q. How did he -- he p~id you S200 for bringing
8 each 9irl?
9 A. uh-huh.
•
J.(l Q. And when he told you that. I mean, that's what
11 he to 1 d you 'th;it he wou I d p.iy you $200 for bringing ·t h e.
12 g i r l s'?
13 A. veah. He said ir you bring me -- i t you bring

1'1 me girls, I 'll de'finitf.'ly, you know , give you money ,
15 compensate you 'for your ti me and 1vi l ling to do thut tor
16 me, yeah .
.17 Q. And you s,ri d at th,lt po i nt you stopped
J.8 perforrtrin9 massa9cs for him?
19 A. Al. 1'. hitt: point_, 'I' didn ' t j t; W<)U l cJ hti
20 spor a di 0111 y 1i kc . W,u,i 11 y. I h.:1d so m;my girlfriends at:
?..1 the time that. you know, t here wer·e sorne new f aces Lo be .
22 saw. And if no one w.,s ,wai 'lat>'li.:, thi.:n T -would qo.
23 Q. I 901: you .
24 A. so
25 Q• Do you know some of the g·i r l s that you brought,
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• 7007-04-?5 1111111 TXT
J. 5
1 some of the their names?

2 I\. I don't r~member, really . They were like not
3 even friends . They w<!rt• ju s t ~,ssoci4'tcs, you know. If
4 anything, they'd be frivnds uf friends, so no.
s Q.
6 I guess th~t some girls' nam~s that would cal l Jeffrey
7 and leave a massage. There's somn girls nam~~ th at ~r~
8 referenced. we were just wondering if you knew them!
• 10
11
12
9 A. If you nanu~ t:hern. T can probably remP.rnber.
MS . BILAr:ONIA:
BY AC,ENT RICHARDS:
Q. v- is one.
J:ison, do you have that?
13 A. I don't know v - . Oo you know her ·1.i ~t

.1.4 name?
.l 5 MS. BIU\FONI/\ : we wf:'n.• hoping you cl-id .
lb THE WITNESS: No. I don. t .
17 BY AGENT RICHARDS:
16 ().
19 A. ·1 t No, that s ounds like a black girl's
20 name.
21 Q. Well, you brought a b lack girl. what was her
7.?. narm:?
A. I don't know. uon't ask me.

Q.
• Pc'\9f:' /6
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• A, s-
2007 0-1 25
. sallllll,
. rxr
yc-,1 h . T b rought S
26
l Q. who is she? re I I us Jbout s- .

2 A. S- we l ook j u•.1· ali kP. , if that' s t he 9irl
3 I 'm thinking about . w~ w~nt to sc hoo l together and I
4 br(Juyht her one ti me and then shi,> (! n<led up movinq so slH~
5 cnuldn' t come with me.
Q. were you guys in th<.! sc1m~ gr.id•! or - -
•
7 A. No, she was older than me.
8 Q. A year or two?
9 I\. she was -- Actva lly, s he w~s likP 18. I don't
10 know. s he wa s older. She wa s like . you know, t wo ranks,
11 t wo grades ahead of me .
12 Q. So when you were a sophomo re . s he was a seni o r ?
13 A. I j ust met her in s chool and I told her.
14 BY MS. BILAFONIA :
15 Q. What wa~ her fast narn,~?

I (i I\ . l don't l<now .
17 BY AGENT RICt-lARDS:
18 (i. Do you know where she lived? I\ . I j ust

1.9 mP.T hP.r in school and I told her a bout ·i t.
l.O Q. You told her about it ~it s<:hoo·17 .b th,'ll when'?
21 your discussion was or
A. we 11 • I s~t id 91 Vt> m<" your numht'~r . T sa i cl you
• 7. 3 C.)n 111,"lkl~ J coup·le o f dol la,-s. It's real easy . And ·i f

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• 2'1
2S Q.
200i' -04 ··2S . . . .
you're comforta ble wi t h it, give me a cal l .
was t hat at school o r at a party?
,x,
?. 7
l A. No, ,tt schoo l .

2 Q. At school . You're not sure what her l ~st n~me
3 w.1~?
4 A. I have no idea .
s Q. Do y o u know whP. r P. s he livP.d o r a nyt h i n9 ·l i ke
• 6
7
8
9
that, what car s he dr ove?
A.
Q.
A.
No.
what 'd she l ook 'like?

what she l ooked like?
10 Q. Yeah.
.U A. Li ke me, everything, bl onde ha i r , blue Py~~ -
l. 2 (Start Side B of t~pe . )
n AGENT RI CHARDS: T i me n ~c:or der i s bP.ing
14 resn1rted i s ii pprnxirnate l y 4:SO p.m

l 'i BY MS. BILAFONI A:
16 Q. we we r e talk i ng abouts- . You wP.rP. at

17 High ilt the t i me?
18
s- 1$-
A. No, I
El Q. ok.ly .
20 A. And th.tt • s wht:! r c wl:!nt to ~lhool.
•
2l 0. . what abou t a g ·i r l n.irned
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• n
23
A. ~
oY AGl:.NI !{!CHARDS:
- 2007 - 04-25 _
who?
B-B
,xr
24
·) r
~ ~
o.
I\.
oid you brin9
l brought a
.=t
couple -·
1 Q. I want to know about every one you brought .

2 A. well. one of them died recently, so --
l Q. what was her name? In a car accident or
•
4 something?
s A. No, she dil'd . onfortun,1tcly, she 9ot shot in
6 thP he~d . vou guys probably heard it on the news. She
7 got shot in thP head by Lhis guy . I don't w~nt tu even
8 talk a bout it because I'll cry.
9 BY MS. IHLAFUN!A:
10 Q. Let's ta·1k about t:he other B -

11 I\ . l don ' t even know. I don't know. I don't
1.2 know . There were some girls that just: 1 would take one
Li ri ntt' ,l n<J then J wou ·1 d nevt:: r 'tct 1 k to c19c:1 in, so I don· t
1'1 know.
15 Q. How m._;iny g i rh do you th·i nk you brou~Jht to
17 A. That' s a good question. I brinq a lot , like

18 maybe I clon' t know, m.1ylw 30. maybe: 30. It was ,dl
19 ,:1bout the money to me at that tim~ .
• 20 Q• Now ~ny of the qir ls that you brouyhL, did Any

P.:tge 29
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• 71
:>J.
23 gn lhrough you?
2007-0'1-.25 - . TXT
of th~m lee.we their n~rnP.s ~nd number·s ant.J then they would
get appointments directly from :Jcffr~y or d ·id t hey .1 fways
A. ·rhcy went through me, hop~fully .

25 Q. Su you don 't know?
?.9
1 BY AGt::NT RICI IARDS:
7. Q. You weren't getting paid, right?
• 4
3
S
b
A.
number .
I told thPm , T sa ·id, Don't give him your·
BY MS. 8ILAFONIA:
Q, It you brouqht the same girl more than once,
7 would yuu ye t paid euch time you brought them or just get
8 the i ni tial S2007
9 I\ . Every s ·inglc time I brought a 9irl, okay, or I
10 r efe rred a girl , T J lwJy S got $200, always.
Il Q. Even if she came a second time?
12 A. Yes.
13 Q• Yoll wollld get noo ~very time she came?
.14 Yes.
C
-
A.
.1.5 Q. Good de:l I . okay. what. abour c ~

1.6 I\.
who"!
17 Q. Any c- that you brought t:o Mr . rp5 1.f•in'~
l6 house.
• P.:\ge .30
63
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• 18
19
/()
A.
2007 -- 0 11-· 2'.> -
she went in rhere .
g.:ivc .:i tn.lss;ige on his back.
liked her. she wenr a coupl e times.
TXT
she h~d a massage -

she went a coup 1e ti mes.
she
The first time she

lie
21 told me that he didn't it was just like me the first

n time. He didn ' t cli max at a 1·1, nothing happened. It was
23 just a m~ssage . And then she went, l think , li ke two
24 times after that. And yeah, he masturbated, but no
75 touching. Sh~ didn'1 -- Lh~rQ'~ no tou~hing of hi m. No
•
31
l touching of her . None of my girl 5 ~v~r hJd J problem and

2 they'd c..l 11 me. They'd beg m('. you know, for us to go to
3 Jeffrey's hou~e because they lov~ Jeffrey. Jeffrey is a
4 respectful man. He rea lly is. I mean, and he all
5 thought we were of age. always. 1h·is i s what's so s ,1d
6 about it.
7 Q. How would -- how wo uld you m,,kt:.• .1ppointments
8 for girls to qo over there?
9 A. :t'd <.:.t .11 "t ht'rn a nd th(~y'd ~.1y hi. dn you w;int t .o
10 qo to Jeffrey's house? And they'd s ~y yes or no and we'd

11 call a taxi .
1.7 Q. How wou·td you know whr~n 1f'f-fr~y wa::; going to be
l3 in town?
14 A. whr.n .J<'!rfrf~y wa<, fr1 1.own . c;;ira would can me .
1S Q• Did she a l ways call when they were already in
• Pi"lgi:. 32
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• l'>
16
17
lOOl -04 - 2$
know. whoever . said Jeffrey will get ba c k tu you.

s;ira 111.uJc• t:h<• .-ippo i nt111cnt s.
TXT
avail ~bl " , t he y'd, you know. he s ~id , t h~ che f or you
Yeah,
13 Q. s o when you were ca l ling to talk to J effrey,

19 you wer~ calliny t hP hou~ P phonp ovPr in P~lm R~~(h?
20 A. tJh ·· huh, YP.ilh .
2.J. Q. And how ofr~n would you t a l k to J~ffrP.y on Lhe
22 phone ns opposed to talkinq to one of his assi stants?
I\. M~ and Jeffrey hardly ever ta l ked on the phone.
21 He wa s ~lways busy . I t w~ s mostly Sarn. we ' d talk when
25 I would gP.r t hP.rP , you know. so it wa~ 1ikP h~y. do you
• 33
w,1nt to (;0111~ in? Yt!~. cool , you knt>w . (ome tht'n~. no.
"I. cool , bye.
3 Q. Dn you know somP.one who works f or ."JP. f frey named
'1 Nadia?
5 A. I thin k r met her one time.
G ~- And wh~1t do you k now .ibout her'?
7 A. She was there. And the person Nadia , I th i nk ,
$ l'm not po$itivc, okay . I' m pretty sure she s ai d that
9 she's from New York and she travels with Jcft r ay. but I
10 ttYink l 111,! t hl'r c.>ne t ·ime. if th~1t·~ th11 9 i r- l th.it r i n9s
11 the bell, you know, in my head . Nadi~ I t hi nk is tha t
l ?. on~ pPr~on T mP t onP time .
• Page 34
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• 13
14
15
16
Q.
?.007 04 2 5
wh~ther he wa s gf'Tring m~rried.

have a girltricnd or a steady?
A.
IXI
Now you said that you had teased Jeffrey about
Did you evPr know him lo
No, hf' told me he's never been mar r ied. He's

17 never had a gi rlfri~nd ~nd h~ doesn 't w~n, 10 h~v~ ~
.l8 !]'i r 1 fr fond .
.l9 Q. were you ever asked to bring a girl fo r somPone

20 else like to give~ m~ss~gc to somebody else or to anyone
21 or.hr.r 1,h;in lf•frn:,y?
22 A. No. I gave Sara a massage before.

23 Q. And how oftf'n did t hat h~ppen?
2'1 A. l only gave Sara a massage like once or twice,
25 once or twice, not that often .
•
.:M
1 o.
2 in town or --
3 I\. No. see, my mother is a masseuse and I h~vc
4 exp~rien~~ massag i ng a nd he always l i ked my massages. So
5 he told s~ ra about my massages a nd s he said, yeah, l want
6 ~ mass~g~ so I' d go over thQre . I think it was one or
7 two times and l 9avc her a massage.
8 Q. Now wh~n th~ girl~ wer~ upstairs with J~ffrcy
9 in the bedroom, what would you do?
10 A. The c:htd wuu ·ld mak1~ mr~ c:arv~d tomatoes. put
•
11 !:om(: cr.1b ,n~ .1 t ·in it .:ind I ' d just: cat, wine ,ind din«". Tl·
1-'age ·3 5
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• 12
13
14
w ,15 wond<.' r'fu l,
Q.
I\.
200/-0•1-2 5 -
9r·l·,1~.
And wh~n you would t~lk to the chef --
Yt,' ',..
. IX I
15 Q. -- w~)~i't(l anybody els,~ from the house be therP.'?

.1.6 I\ . Y(• -:.. T don' I. know rhP.i r namP.s. I can't
.l7 rcrncmbcl'. Th<!rc: w~re l ikP. .111 these forP.ign girls from
.US -- like lhey·r~ beitu tiful, beau ti ful model s that a r e f rom
19 different - - t hey have accents. And no, but it wns rcnl
20 i nterestin<J bec.w s e we ' d talk. And, you know, T'd l<!arn
21 n lot trom them and they'd lc~ rn ~ lot from me just being
22 Amcric..rn . And no. every time T. wen t t. hP.rP. it was a good
23 t i ~e. And J u~u~ ll y ju~t Jte or I'd go and suntan or
24 someth i ng near the pool.
25 Q. And how l ung you would the other girl be
•
l upstairs normally?
2 A. Twenty, ZS. 20 to 30 minutes .
3 BY AGENT RICHAROS:
4 (J.
5 about her that you can rP.member? You were friends with
6 her. She went t hree times, you think? Did she 90 ba ck
7 wi thout qoinq through you to set up any appointments that
8 yuu knuw ~buu t7
9 A• I don ' t know.
• P.:tge 36
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• 10 Q. Ok,ly .
2007 -04 -1. 'i . . . . TXT
were thcr~ any ot hr• r c.- th,H you
11
12
13
1'1
8-.
broughl?
A.
T know yov brough t o t her 6 - o r mvltipl~
Yeah . t don't know . Tf you would s ay like a
lasl nam~, rhen l wou ld probably remember . but I don' r .

15
16
Q,
I\.
Any G- ? Oi d y(1u bri n9 a G.?
c; • • yeah , that sounds tam i Ii ar. Yeah, G.
l7
18
E - ye.ih.
Q. C,_C_
19 A. oh-huh.
20 Q. what: can you tell me .l bout her? How old was
21 she?
22 A. sh~'s older t han me .

23 Q. oo you know her from !><.:hoo·1 or - ··
24 A. No . when! clicl l me et h t r ':' l met hC:!r in my
•
25 neighborhood and I asked her if shP wanted to qo and
36
2
yeah, c;..
Q.
she wa~; only the rt:! on(' 1:·i me, though.
Did s h~ t e ll you how it went with him up stairs?
3 A. Yeah.
4 Q. wh,1t 'tl she sr1y?
5 A. Shi'! s;l'i d - ... she 's 1 i ke ,'l h. I don· t know .
G Q. She freaked out o r· ~Om(• I hi ng?

7 A. No, nn, but he d i dn't WJll't her d!J,rin. lie l ·if<cs
•
8 Ta l'I. !; I ender .:md she \",''" like ~.hc,rt.
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• 9
1.0
11
Q.
I\ .
Q.
she had fon.
2007-()11 2S-.TXT
what did r. he say about. him?
she h.,(f run ?
12 A. uh-huh .
13 Q. What did she say happened up th1~r~?
14 A. ~hl' W.15 topless (IIHJ just gav(• ,l mas~age. He
15 didn't, you know, cl i n1ax or anything.

16 RY MS . l:Hl./\FONIA:
17 Q. oid you f:!VC:! r·. ei ther when you gave him a

18 mas s,tg~ or any of the girls, did you ever USC ;) b·ig back
19 massager or ·it wa s only manu,11 massage?

20 A. No, it was onl y my hand~. we never used
21 ,rnythin9 els~.
22 Q. Now when you werP. workin!J for hi m, when you
23 were going over t:o kfrrP.y' s hou'.,C to give ma:.,;::;,ly~s, cli d
• 24
25
you h ~1ve a boyfr-i end?
A. V~.Jh, yeah.
J7
Q. okay. How did he tccl ahout you yoing to

'·
2 Jeffrey's house?
~ A. He w~s a jealous little boy, but h~ didn't
4 c~rc. Bring home th~ bacon.
•
~
6
Q.
A•
D-1-
what's your boyfriend.:.?
63
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63
• 6
7
8
BY MS. fiTI/\FONIA:
Q.
was he curious about --
7.007 .. ()4 -25 - T X T
Did Jeffrey ask you about boyfriend~? I mean,
9 A. Yeah, we always talked about everything, yeah .

10 Do you h.:we ..1 bc.>yfri end, ye«h, no. you know. we t,d ked
11 like ·tr·i<!ndi;. J don't know. Just ,\bout our lif-e
1£ stories. You know, he probably knows my whole 1-ifl:'
13 s tory.
14 ev AGENT RICHARDS:
15 Q. Now do you still have contact with him or
:LG A. who?
17 Q. Jcf frey .
18 A. No. no one' s .111 owing mP..
19 BY MS. fHI../\FONI/\:
?.O Q• r>icl he know tha't you W;lnted to be a mode') or
• 21
22
23
24
th~t·s what you were aspiring to be?
;1
A. Yes.
model, yes.
Q.
I told him. Yes, I've .1 ·1w.1yf, wanted to bi:
nid he ever say he'd help you?

') r
r.. ) I\. Uh-huh, yeah . And l Wi.'IS - - 1 i kc I :rn id , I W41S
16 at the tim<~ and I fe'lt -- like he said, you know. you

l can ···· I wi"ll dP.finitc 'ly take you and IJr-inq you ·to New
York and everything b~cause he h~d models there, bul T
• Page •10
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63
•• 4
5
6
th~I to
Q.
2007-04-)S -
always turned it down because T w~s 16 and I didn'r want
get out .
what did y,-,u say to hint"?
TXT
Mow did you put him

7 0 ff'?
8 A. I don't know. Oh. w('ll. r don't know. No, he

9 wasn't like begging me or ,1nything. He askt><l mP. a c:oup l~
10 t·ime s and l s,1id l just -- there was like no say about
11 it. l just -- I didn't go. And it wa5n't like he usk~d
12 m~ Jll rhe time. He just it's a couple times he asked.
13 He said I'll bring you to New York or whatever we do and
14 we can, you know, try to fulf ·ill your dream5, but l
15 a·lways said n~ b~c~use l wJS young ~nd I didn't want to
:lb screw up l"t1e 18 thi nq.
17 Q. o ·id -- when you got pregnant, d·i cl he re,1( t i 11
18 .tny Wdy? I mean, d·i d he tell you ·i f you want to be .:1
•
19 modc·1. you know, this ·i~ going to mess with yotir rh.1nc.l'!cc,
20 i.l::; a 111odel or offer' any - -
21 A. No.
22 Q. ! • m womler i ng 1 i ke how much was he 9 i vi n9 you
23 <1dvic~? ttow much stuff wcr..- you really - - wh.:tt did you
24 talk about?
A. After the bilby, we didn 't really even talk. T
40
v,as .1. wi.'\S t.ot::illy -·· I ch,1ngP.d. vou know. I was a IMd
• ·1i tt k y id and I tot,, n y changed.

r•.1ge 41
My who l ~ 1 i fc
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Ill 078/099
63
• 3
4
5
Lhang~d .
7007 .Q4 - 25 -
It w,1:.
m~ and Jeffrey rc~l ly stopped talki ng .

.TXl
A couple times after l had the baby, 1 brought

~\ couple 9irls there. like two tim,!/;. And thPn
we just ~lopped
6 talking. Tha d my own 1 i r P ~nd he had his , so 1 don't
7 know.
8 BY AGENT RICHARDS :
9 o. L>id he ever m,,kP. any M' r,rngemcnts knowing th.al
JO you wanted to be a modtl or wcr~ modeling? He has a lot
11 of connection s wi th photoqrophers and stuff . I m~an, did
12 he ever s et up any photo shoo t s or anything like that?
13 A. No. No. because he asked me if I would l i ke to
14 qo to pursue what I wanted to do, but like I said, for
15 th~ :.econd time - -
lfj Q. I n1ean in town hen~. no't to travel t o New York
17 ror a shoot or anything?
• 18
19
20
Zl
A. No. No , because t always like stood back from
that becaus~ 1 di dn' t want him to know t hat twas 16.
BY MS. BILAFONIA :
Q. Did y<>u ever ~Jf'r money -from )~ffrey wheri you
n di dn' t e i ther give a mos s ~ge or bring a girl over?

23 /I . Yes .
7.4 Q. Okay. when did that h~ppen?

25 A, J h,1 d to p,,y r~nt and I was l.tte on my rent:.
41
•
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• 1
2
3
for 'l ike 300 .
2007 .. (M 25 - . TXT
Thi s wa s before thP h~by . A~ked hi m -- I ~skcJ h im
He gave me S500.
tell you how 1 got it .
l c:J on't: -- T <.ouldn ' t
Tf anyth ing, I think I went to
4 the house and got it.
s o. was he there whP.n you wc:nt to ge l t: he money?
6 A. No .
7 Q. oo you know w.1s he in town or did you c·all him?
8 A. I don't ev~n -· l Ciln 't r emembe r, but I j ust:
~J r emember h e did qi vc me SSOO for rent.
10 Q. wa s that rhe o nly time that he qave you money
11 that was n' t connected eithPr to a massage or to bringi ng
12 a 9irl?
B A. He bought gift s for the baby shower . r can't
14 remember now . Not c.,ff rh e top of my he;1d, no. I neve r
15 asked him fnr anyth i ng becHu ~~ I just felt - - T'm not
• 16 like that, you know . 1 'm not a user ,"Ind l ' m not -- I
17 don ' t like tha t. I' ve never ~sked him f or money, so --
18 Q. what about pr cs~nt~. eithe r birthday present s?
J9 You mentioned gifrs t o r th e baby. Any other gifts th~t
20 he yave you?
11. A, Yc.ih, he ~F\Ve m~ a - - ht' h ad went. to Br ,vi l and
22 he c~me b~ck with a whol P bunch of bikinis and he told me
23 to choos ~ one. so T cho se one.
.211 Q. Any other gifts , Christmnstime or birthd~ys or
.2 s anything like that?
•
63
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• 2007-04 -,i 5 - TXT
'13
1 bt.' <:<W~t' that was my old numbt•r 'like a long time ,190 .
). HY MS . BILAFONIA:
-~ o. At the t ime that you w~re br i ng i ng girl~ ovfr
4 t o t he house, were you also working a r<'9ular job?
s A, 1 worked at Ci ty Pi zza f or a l i ttle wh i le, but
6 no, kind of retired and splurqcd . T d i dn't hdve any
7 bills to pay. I saved. I put money in the bank. so
wlll be tore.
C
-~
8 Q, we had talked about c Do
9 you know someone

10 A. uh -huh .
11 Q. And who is t hat?
17 A. I brought her a couple ti me s . whu i~ that?
• r
13 Q. mean, did you go to ~chool ~ith her or huw
14 di d you know her?
J5 A. oh, I had Jsked one of my f ri end~- I said do
16 you have any - - It wa s a guy f riend. I said do you ha ve
17 il ny qi rls that ar<· willin9 t o give ma s s,19f•.c; and I me t up
18 with her. 1 called her. I Lalked to her on the phon~.
19 l met up with her and she ~aid yc;.1h. (ool .
20 Q. And you s aid you took h~r over thcr~ ~ coupl e
:u o i' ti mes?
...,,. A. Ye;ih. s he went over th er~ mo re. ~he went ov(' r
13 t here more t han a couple t i mes.
24 Q. Ru t you brought her ev ery r ime t ha t ~he went
2'.i over thN·c?
•
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• 2007 0 4·- 2) T.XT
44
.I. A. Th~t I know of. Th~t I know or, yeah .

2 Q. okay . Did you ev~r tell nny of the yirl s that
l they would be going over to model lingeri~?
4 A. No. 1 told them we were goi ng to yo J effr~y ' s
5 hous e and it ' s going to be a topless maSSJge pr etty much .
6 Anything you don ' t wa nt to do , you don ' t have to Jo and
7 it ' s S200, badda-bing , badda-boom. You make §700 i n 30
8 minute s .
9 Q. Did a ny of t he girls complain c1 bout what
10 h,:1ppened afn~r they ·1cft t here?
NO. You a s ked me that que sti on. No, everybody
•
11 A•
12 ·1oved Jeffrey .
B Q. No one called you and said, I th i nk that you
L4 s hould call -- l think that we should c~l l the police?
1'.i A. No.
16 Q. No one t ol d you that?
17 I\ • No, no , oh, my God. And who is thJl coming
18 fr<>m?
19 Q. we j ust have phone ca l ls that seem Lo
20 ~ont r a dict what you're tel l ing us ?
21 A. Oh, so you think that peop le came to me Jnd
22 ~a id tha t I' m to call t he po lite on Jeff r ey ?
r :, BY AGENT RICHARDS :
24 Q. was there anyone t h~t thought that wha t Mr.
75 Epstein wa s doing wJ s i n~pprop r iate a nd w~~ concerned
•
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• ?.007 - 01 - 25 - f)(T
4r .,
1 about th.tt'!
Every qirl that l hrou9ht to Jeffn:y. they said
- c- ~.
2 A.
3 they were fine w·i th it. And 1 i ke. for i nstanc<.~, C

.., a lot of girls begged rnP. 10 bring them
5 hack. They wanted to come back for t he money. And a s

6 f;ir as J know, we. all had fun there. we ate c.11'1 the
7 food. He 9.1ve u~ r ree bikini~.. No. not hi n9 abou t any
8 cops.
9 Q. I mean. was there anyone that thought what ht
• 10
11
12
13
was do ·ing may have been ,t litt'lc bit wron9?
to report to th~ po lice . but just saying, you know,
that's ki nd of we i rd?
A. we talked about it like becau s e w~ were
No't wanting
111 unde r age, but he thought that we were 18 . we were like

1S hopefu l ly t hat no one fi nds out . Hop~ f ul ly , Jeffrey
Hi doesn't fin d out our age . But other than that . not
V calling the cops.
lR BY MS. BTLAfO~TA:
19 Q. was anybody up~~t that he was ma st urbati ng? I
20 know that you ~-1 id you t old t hem t hil t they would po~~ibl y
:n do th~ mas~aqr topless . They might have cxpe( l ~d t hat .
22 w~s somebody s hocked --
2 .3 A. Y~ah, of cour se. 1 mean, he alw~ys t old them ,
24 t'1k:1y, and J tol cl thf~m . 1·00 . I said if yotJ' rf! 9oi ng to 90
25 there, then you don't have to do anyt hing that yuu'r~ no t
• P,19c 47
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• 7()07 011 · 25 - TXT
46
1 comfortab l~ with. A couple girls when they did ~orne out

2 o'f there. they• n.• 1 i ke oh , my God. I w.'lsn 't cxpecti ng ,:111
3 of that, but he always asked them ~nd I "sked them.
4 Th ~y 'd say tha t , you know. he ~sked me arc you
5 comfortable with this and they'd say yes. Maybe they
6 wP.re sc ared, who know~ . But yeah, they ~ame out of there
7 l i ke oh, my God. that was kind of weird, you know, yeah.
Q. we re dny of them upset a bout it?
•
8
9 A. Do they like regret i t or something?

10 BY AG( NT RICHARDS:
1.1 Q. Just ~h~ken up, you know, just kind of shock~d?
12 fl. A coup le of girls -· well , see . we were so
13 young and J~frr~y didn't know thHt, Like the whol r thing
14 was shookcn up when t brough t them there. And see, I
15 don't know . I t hought t hat they were, you know , most of
16 the girls that 1 did bring there, they were 16, 19, 20 .
.1.7 But I r e member th1;;•r·~ wa s a coup le t irnef; t.h.ilt I had
18 brou uhl l ike m~ybe 16 ye"r olds or something. my age .
19 And th~y - - I don'I know. It ' s like they were scared to
20 say that t hey wcrr: 18 . They were 'like what if he f-inds
21. out? And they were a lit t le shook up about chat, the a g~
22 thing. BL1t i\nd .,rLerw.irds like ·if he c l im~xed or
23 wh~rever, if t he y were lik P shooken up, I'm like it's
•
24 ok ay, you know . And they were like oh . 1 w~sn't
Paqc .:'I $
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• 7.5
}007 04- ?.5 . . . . TXT
expectin~ t ha t, bu~ l hey t o l ~ y th~t. you know,
47
l t hey wer~ c:omtort.:ible wi th ·i t. Tf anything, you know,

2 maybe they were scared and they felt li ke obligated, like
3 they didn' t want to say. I was thinking that they didn't
4 w~nt to say l ike no , you know, l don't want to do thDt,
5 .so who know.s. l wa~n' t up the r·ct w·i rh them , so I cou l dn ' 1:
6 tell you.
• 7 BY AGE.NT rnc:1tARO~:
8 Q. who wcr~ th e ladies who mention~d that to you

9 who we re kind of shoc:ked ?
.lU /\_ usually, the girl s that r would bring like one
11 ,:i rue and 1 wou ·1dn' 1. even sec t hem ag.i-i n.
12 Q. Can you help me ou r with some names, t hough?
13 A. Huh - uh, no . I can't remembe r her name. She ' s
14 on t he n,p or- my · oh, my God, :r don't remember . I
JS can't remember.
16 BY MS. RT LArONlA :
17 Q. None of the gi r ls w~nt ed to go to the
18 autho rit ies? Nobody wa s that upset th~t c~ll ed you or
19 s po ke to you t hat wd5 up~et ~ith what had happe ned lo the
70 poi nt that they wan Led to report it?
21 A. No , no . If anyt hing, rhank you, .so much
22 because I r~ally c:ould use the money .
• BY /\<.:;l::N I" RICHARDS;

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2007-04-l', .TXT
Q. Do you know Lhe names nf some of Lh~ girls that

75 you brought?
48
1 A. lluh?
l Q. ~o you know the name ot some of the girl s you
3 brought other than the ones that we·v~ talked ..l.bout right
,, now?
s A. Li kP. I said, I can't n•rnemher because usual"ly
• 6
7
8
9
t:here .. -
know
Q.
A.
There 's about lO of th~m . so you've got to
No , I don • , know bccau ~(' t h~1re Wl'f" P. gi r Is that
10 I d i dn't P.ven know $0, you know. T j us't a sked t hem. I

ll said, Hey, wou l d you like to mJke some money? Here's my
12 number . Do you want to m.tk~ rnoney? tlcre's my number.
B you know, ;ind tha t• s how ·j r. went. So I <.Ion' ·t remember
14 t he names ,1nd I rea I I y di dn 't <.:,ire I. o know -che·i r name::;,
lS anyw;iy .
16 Q. Do you know their phone numhi>:r s?
17 A. Now·,
18 Q. Yeah.
19 A. No.
l.O Q. Do you know any of their phone numhP. rs?
•
l. l A. No , no, no. Thu t wi~ years aqo.
Pay~ "iO
63
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• l .l.
22
i3
Q.
2007 - 04~;,c; -
And just so you know,
abuul nece~ ~~r ily crack cocaine.
TXT
, w~'re not l~lk in9

we' n: wonder·i nq i-f
~nybody was taking dny prescript i on medir~tion?

2'1 A. r don't know if they were tal-: ·i ng pres<:r"iption
25 medication. That ' s their problem. I ~on't know.
so
.l Q. And you didn't givP. anybody else any

2 pres~ription drugs?
• 3
4
5
6
A. No , no. When I was 16, I smoked pot, but no.
(S t~rt of Tape 2.)
Mk. EISENBERG: okay, gang, buck on the record.
And I QSsume you mean prescription medication not
7 tor prescription purposesY
8 THC W1TNf.SS: I thought you meant l ·i ke for
9 pr~~c ription, prescribed. No, I don't know .

10 AGfNT RICHARDS; Ok~y.
11 BY M~. BILAFONIA:
12 Q. But you weren't taking ~ny anti- depressants or
ll pill~ or anyt hing?
14 A. No, no, .! :j ust smoked pot. Hut I most ly wf'n t
1S thC're sober. T. was comfortable with )cffrey. Jt:?frn~y
16 .-i lw;iys made rne fee1 so comfortuble. I thought I w.1 '.> a
17 big girl . I wa s 16.
•
18 Q. You ~.\id r.h,1t you stopped . why did y<>u stop
Page 52
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• J.6
19
20
A .
Q.
A.
20()7 .. 04 25 -
/\we some . I l ovc i l .
Yeah, he'll bQ two in August.
Mine will he two in Jun~.
1
TXT
I OVP. it.
21 BY MS. UTIAfON[A:
22 Q. Is th ~, when you started working with the

23 company you're workinq for now?
24 A. well, Twas -- the whole time I was pregnant. I
is wa s taken cilre ot by my baby'~ father. Then J was~
•
5 7.
1 stay ·at - home mommy for eiqht months. After that, I

2 worked at LA fit n~ss, Komeo Pizzn. It's been a ycJr now.
3 And wha t do you mean, is that why J'rn working?
4 Q. No, T just didn't knuw where you were workinn.

5 I thought you said you had gotten a job afterwards, aftt'r'
6 the baby wa s born ?
7 f\ . Y~ah , I worked at the laundromat for a couple
8 of days. I j ust li ke to I wanted to soak in my son.
9 That's all T di d and I was like a hermit crah in the
10 house. you know. And if anybody -- t told I told
11 Sara. I sa id , you know, I haven baby now and you know,
12 r'd r,tt:h,~r st~y at home with my baby . My old man was
13 taki ng care of me. r didn ' t car~ about money.
14 Every! hin9 wa $ 9ond , ~o .~ new l ·ife.
•
15 BY AGENT RI CHARDS:
Pay~ 54
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099
63
• 16
17
18
Q.
2007 ·· 0·1 25 ~ rxT
Sp~rlking of work, ~ u set up ~ppointments
wilh s..ir,1, <Jid she r~r~r t o L-Jh,H the nir-ls were doing as
work , like woul d they go over to l~ffrcy's to work for
19 massage or
20 A. NO.
21 Q. how di cJ she -- Wf' l't'! any t erms usct.l 01" ju!;t

i n gencr·a l? Did ~he <\Sk you if you had .:.ny 9-irls that
23 can work or did you have a ny gi r ·h l h,11: can come ovitr?
24 Do you have any girh 1.h.n c~n give a Jeffrey a massage?
2S HOW did she ;ic;k tor 'these app(il ntments?
• l A. All of the abov~: Do you have any girl s that

53
2 wou l d like t o come ov~r? uo you have any girls that

3 woul d like t o work? Yeah, Jll of the above, real ly. I
4 mean, me a nd s~ ra were rcully ft- it' s l i ken friend
5 re l at ions hip . s he ' s fun. No. it w~sn ' t like~ specific
6 like hey, you know, do you wa nt to come over and work,
7 no. I t was all different: massdge, work . whatever .
8 Q.
9 BY MS. BILAFONIA :
10 Q. vnu sai d that you <lnd sara hud developed a
11 fr i endly r ela t ionship. Did s~rJ ~ve r ~ell you what types
12 of girl s 1~ffrey wanted or I t hink you said that
13 sometimes she would ~~y he lik es thi~ girl or I'm sorry,
• 14
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• Vi
J,Cj
17
/\ .
Q.
Yeah.
7007 -04-2~ - TXT
what ex~ctly -- wh~t guidance did she give you

about recruiting the qirl 5?
18 A. She didn't g i v<> me quidanc.P.. J~ffrr.y from the

10 qct-go, l really like women ·11 k1·.' you. So when I would go
20 ~earching to make money or whJtaver or my girlfriends, 1
21 know what an ~ttractive pcr5on looks like and I would
22 T would bring them, you know. I didn't bring any
73 ovcrwei ght peop 1 P . 1 ; ust knew wh,H .l eftrcy 1 i kP.d, you
24 know.
2S Q. Did you ever talk to Sdr~ mass~9CS when you
• 54
l gave them, wh~ t you di d , what you would do?

2 A. ,~uh- uh . I di dn't know if she knew or not .
3 Q. I have a picture of someone 3nd I ' m just
4 wondering if you recogni~e lhis person?
s A. No. was she a (J'i rl that wa~. over there?
G Q. J us t a face that wP wanted to --
7 A. Okay . No . l don't know.
8 SY AGENT RICHARDS:
9 Q. when you would osk th e ladies if they'd like to
to ~o over t o set' Jef'frey, wh at: w.:is th<:' percentage? How
11 mJny peopl e woul d say surP, tha t sounds guu~- Let's go
•
12 do it. And how many would just ~~y. no , I ' m not
P,~!'.W S6
12/11/2007 12:00 FAX llJ 093/099
63
• l3
14
u
I (i
interestl'd .
woul<.1 ask the girls --
t.hat
A.
1 had
2007--0'1·lS . . . . . TXT
I mean, du y o u ~ how often when you
rr was usually girl ~ thJI r brought, the girls

brought Ii kc first fi vc gfrl s, s~,y. r wou·1 d
17 s ay. Listen. you know, recruit your girlfri ends and it
18 wou Id qo down the 1 i ne . Recni it your gi r'I friends and r
1() will pdy you guys. so if I was orr the wall, $ay I was,
20 yr>u know, at a club or som~th ·ing .llld r w,ts like hey.
21 girl, do you want to -- they'd be like you're crazy, you
22 know .
23 Q. Th:11·. 's what I wondered. wt,~~n you approa<.hed
7" t hem what W.lS the reaction?

l'i /\, But wh~n T. talked to them over the phone, if ·it
•
ss
l was om: of my gi rHri ends' fr-i ends or one of their

2 f r ionds, I would tell them cxJct ly and they'd be like
-~ okay, you know. And some gi r l~ \veren't comfortable with
'1 i t. You know, how your mor•al~ ;1re or whatever, ·if you're
S comf o rtabl e w·ith your· body, if you'r!! comfortab le with

6 q i ving ~n ohJ m.1n a ma s sa9t: ror S200.
7 Q. r--or 30 minutes.
6 A. You know, everybody is a di r f P. r P.fft person .
9 Q. sure.
10 A. Bu t mos~ of t he gir ls were -- t hey we re like
• LJ. yeah, sure, yeah.

lZ/11/ZOO( 1z:oo ~AX ~ 094/099
63
• 1.2
13
1'1
nv MS. BlLAFONIA:
Q.
c:..,1,·t-ful who you

2007 - 04-·l.) - · TXT
Did you ever say anything about, you know, be

ta "l k to <'tbout this or I qucss T'm
15 wondering why, you know, were rumors goin~J tlround nt

lG school or how did everything kePp under wraps?
J7 n. Everybody knew. I don't know. everybody made
18 jokes about it . Like it was not i n school . It w~~ more
19 I i kt~ ·in my nci ghborhood. They would ca 11 me Ht• ·i di I· f ci !;t,
20 and everybody ju~t mc1dc jokes about it. l don't know.
21 11 wasn't -- but I didn' t care.
22 Q. Right.
I\. You kno~. it wasn't if you didn't get nut it
24 wusn't re~lly a big thing to me at all.
25 Q. I guc~s I'm just wondering, you know, kind of
•
56
l thrt w.:w that t:hi s a 11 camt? out was f i na 11 y a p,H·ent found

2 out about it:
J I\. Yenh, I heard.
4 Q. -- and went ballistic. How did you keep these
S g i rl s ' parents from finding out?
6 A. I don't: know . prohably cmbarras!i"inq. They
7 obviously liked Jeffrey that much that they didn't tell
S .rnyone.
Did anybody hassle you Jr school? Did anybody
•
C) Q.
Pr19e 58
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!ill 095/099
63
• 10
1.1.
12
A.
Q.
2007 - 04 2S - . TXT
cal I you Heid i Fleisl1 ,i t sch~
No. no , no, I w~s out of school by then, No.
why did you drop out of school?
l3 /\. w~ 11 , actu,t11 y, · ·· why?
14 Q. I ' m so rry . t interrupted you.
1.5 A. no, you d idn' t. well, my mother hJd

16 took m~ me out of s~h~ll to home -school me. And then T
17 h~d went ba~k tu a school because I was really behind
18 becau s ~ she didn't home - school me and l hJd got pregna nt,
19 that ' s why. And rhat' s in the eleventh grade, th~L' s
20 wh~n I got out becau~ , I wa s pregnant. And 1 decided
21 th.it r Wi.\!> - - I me,rn, l didn ' t know what 1 w.~s doing. I
22 wanted to have a hou s ~. 1 ~aid I ' m going to have th is
23 baby. I need tu have a house, a car, and I set out ~11
24 my goal ~ and that ' s what happened. But th~n 1 ended up
• ?. 5 gett ing my GED and l h~vc a li fe.
57
.l. BY AGE NT RICHARDS:
2 Q. were there ever any girls that ~~me to you

3 wanting to work over there that said hey , I'd like to go
4 wor k over there ;md make .$200 bucks? Did you have any of
5 that:?
A. uh-huh.
7 Q• c,o you r emi:.•rnber .tny of th~ i r· nr1mes o r WP.re they
• 6 cl assmi\t ,~!'. or .
12/11/2007 12:01 FAX Ii) 096
Case 9:08-cv-80736-KAM Document 403-3 Entered on FLSD Docket 06/02/2017 Page 61 /of
099
63
• 9
J.O
Jl
muc.:h .
I\ .
Q.
lt wJsn't
?OOi 0·1 ?.S - · TXT
It wa !> jus t
okJ y.
--Tl wasn't involved in the 5(hool so
t h,ll s - g i rl in the school .
so she wa~ re~lly the on l y l ike
12 sc.:hool - r e latcd
n A. Like person from sc.:hool, yeah.
l4 Q. Ok,1y.
IS A. But ·it w.H, mostly out of school. So T wasn' 1.

16 really h,1nginq uut with th~ best crowd. And .111 th<.'
17 people th~t I d id hang out with, th~y were dropouts . so
18 it wasn't anything in school. It was mostly like the
19 neighborhood pP.ople or my friend, one of my guy friends'
20 ffi rl friend or whatcvi:r, you know. We werP. a ·11 young ~nd
21 ~tupid, but - -
22 BY MS . 8ILAFON1A:
Anything else? Do you have any ques tions for
•
73 Q•
24 any of us, for rn~ or --

25 I\ . No, but T hope -- I hope Jeffrey, nothing
58
1 h.1 ppcns to Jeffrey becauSC' he's an awP.somc man .:m d it

2 wou'ld re~lly be~ shame . IL' s a shame that he has to go
3 throu9h this bc<;ause lw • ._ .1n awesomf> guy ,ln<I he d ·i dn' t do
ii nothi ng wruny , nothing.
s Q. Are you in luve with him at all ?
•
6 A. My ~od, no. 1 love him as a friend. J love
P,;ige 60
12/11/2007 12 : 01 FAX llJ 097
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of
63
•• 9
7
8
him a s a fr iend.
7.007 CM 2S -
not in love wi t h him .

,xr
He hJs done so much for me.
1 r~ll Jeffrey, do you want to
marry me with ,Jl l of rhe money 'that you hav~.

No.
1
T 111
10 AGENT RICHARDS : All right . At t hi~ time,
11 w~·r~ going to conclude the int~rview. It is S:34

12 by my watch.
13 MR. EISENBERG: lh~ only thing we'll correct 1S
14 that there might have been a refPrence to an old guy
15 at 50 and we'l l j~~L ~ay a mo re mature individual
16 who may be in his 50s. Thank you.
17 (End o f the tape.)
18
19
10
7.1
•
n
14
25
59
l CERTIFl(ATf
IJ The S'tatc of Fl or i d.1. )
• 5
Paqc Gl
12/11/2007 12: 01 FAX ~098/099
63
• 6
7
t<
:lU07 - l)i1- l'i -
coun ly of Pa l m Be ach . )
TXT
()
10 r. Vicki s. woodh~m. Notary Publi~. do hereby

11 certify that T w~ s authorized t o and did list~n t o ~nd
12. stenographi c a l l y tran$c r ibc the foregoing tape - recorded
l3 proceed i ngs and th~t the transcript is a true record to
14 the best of my ability.
I5
16 Dated this 26t h day of April . 7007.
1.7
18
19
20
• I. I
:?~
H
24
vi ck i s. woodham
My commi ssion Expir~s:
DeC<:!rnbe,· OS, 2010
25 commission No . : 00617559
60
•
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MIA_CEOS_00010
MIA_CEOS_00011
MIA_CEOS_00012
MIA_CEOS_00013
GOVERNMENT
EXHIBIT
H
U.S. Department of Justice
Criminal Division
Andrew G. Oosterbaan, Chief
Child Exploitation and Obscenity Section 1400New YorkAvenue, NW

Suite 600
Washington, DC 20530
(202) 514-5780 FAX: (202) 514-1793
May 15, 2008
Jay Lefkowitz, Esq.

Kirkland & Ellis LLP
Citigroup Center
153 E. 53rd St.
New York, NY 10022-4611
Re: Investigation ofJeffery Epstein
Dear Mr. Lefkowitz:
Pursuant to your request and the request of U.S. Attorney R. Alexander Acosta, we have
independently evaluated certain issues raised in the investigation of Jeffrey Epstein to determine
whether a decision to prosecute Mr. Epstein for federal criminal violations would contradict
criminal enforcement policy interests. As part of our evaluation, we have reviewed letters
written on behalf of Mr. Epstein on February 1, 2007, June 25, 2007, July 6, 2007, March 28,
2008, April 8, 2008, April 28, 2008, and May 14, 2008, with their attachments. We have also
reviewed memos prepared by the U.S. Attorney's Office. As you will recall, we met with you
and other representatives of Mr. Epstein to further discuss your views on the propriety of a
federal prosecution. We have discussed the factual and legal issues you raise with the Criminal
Division's Appellate Section, and we consulted with the Office of Enforcement Operations
concerning the petite policy.
We are examining the narrow question as to whether there is a legitimate basis for the
U.S. Attorney's Office to proceed with a federal prosecution of Mr. Epstein. Ultimately, the
prosecutorial decision making authority within a U.S. Attorney's Office lies with the U.S.
Attorney. Therefore, to borrow a phrase from the case law, the question we sought to answer
was whether U.S. Attorney Acosta would abuse his discretion if he authorized prosecution in this
case.
As you know, our review of this case is limited, both factually and legally. We have not
looked at the entire universe of facts in this case. It is not the role of the Criminal Division to re-
conduct a complete factual inquiry from scratch. Furthermore, we did not analyze any issues
concerning prosecution under federal statutes that do not pertain to child exploitation, such as the
money laundering statutes.
As was made clear at the outset, we did not review the facts, circumstances, or terms
included in the plea offer, nor any allegations that individuals involved in the investigation
engaged in misconduct. Despite that agreement, we note that your letters of April 8, April 28,
and May 14 focus in large part on accusations of investigative or prosecutorial misconduct. Not
only do allegations of prosecutorial misconduct fall outside the boundary of our agreed review,
they also fall outside the authority of the Criminal Division in the first instance. Simply, the
Criminal Division does not investigate or resolve allegations of professional misconduct by
federal prosecutors. For these reasons, we do not respond to the portion of those letters that
discuss alleged misconduct.
Based on our review of all of these materials, and after careful consideration of the issues,
we conclude that U.S. Attorney Acosta could properly use his discretion to authorize prosecution
in this case. We will briefly address each of the issues that you have raised.
Knowledge of age. Federal child exploitation statutes differ as to whether there must be
proof that the defendant was aware that the children were under the age of 18. However, even
for those statutes where knowledge of age is an element of the offense, it is possible to satisfy
that element with proof that the defendant was deliberately ignorant of facts which would suggest
that the person was a minor. For that reason, the fact that some of the individuals allegedly lied
to Mr. Epstein about their age is not dispositive of the issue. While there may be an open factual
issue as to Mr. Epstein's knowledge, we cannot say that it would be impossible to prove
knowledge of age for any such charges which require it. Therefore, Mr. Acosta could rightfully
conclude that this factual issue is best resolved by a jury.
Travel for the purpose. In the materials you prepared, you suggest that Mr. Epstein
should not be charged with violating 18 U.S.C. § 2423(b) because his dominant purpose in going
to Florida was not to engage in illegal sexual activity, but rather to return to one of his residences.
While we fully understand your argument, we also find that the U.S. Attorney's office has a good
faith basis fully to develop the facts on this issue and brief the law to permit a court to decide
whether the law properly reaches such conduct. Mr. Acosta would not be abusing his discretion
if he decided to pursue such a course of action.
Intent to engage in the conduct at the time of travel. Based on our review of the facts of
this case, we respectfully disagree that there is no evidence concerning Mr. Epstein's intent when
he traveled, and when that intent was formed. Should Mr. Acosta elect to let the case proceed so
that a jury can resolve this factual issue, he would be within his discretion to do so.
Use of a facility or means of interstate or foreign commerce. Much of the materials you
have prepared and much of the meeting we had focused on 18 U.S.C. § 2422(b), specifically your
contention that Mr. Epstein did not use the phone to coerce anyone to engage in illegal sexual
activity. We understand the issue you raise concerning the statutory interpretation. As before,
however, we cannot agree that there is no evidence that would support a charge under Section
2422(b), nor can we agree that there is no argument in support of the application of that statute to
this case. Finally, our assessment is that the application of that statute to these facts would not be
2
so novel as to implicate the so-called "clear statement rule," the Ex Post Facto clause, or the Due
Process clause. As with the other legal issues, Mr. Acosta may elect to proceed with the case.
Absence of coercion. With respect to 18 U.S.C. § 1591, the alleged absence of the use of
force, fraud, or coercion is of no moment. The statute does not require the use of force, fraud,
and coercion against minors. Because of their age, a degree of coercion is presumed. In your
materials, you note that the statute requires that the minors must be "caused" to engage in a
commercial sex act, further arguing that the word "cause" suggests that a certain amount of
undue influence was used. We reject that interpretation, as it would read ,back into the offense an
element-coercion-that Congress has expressly excluded. We have successfully prosecuted
defendants for the commercial sexual exploitation of minors, even when the minors testified that
not only did they voluntarily engage in the commercial sex acts, it was their idea to do so. As
such, Mr. Acosta coµld properly decide to pursue charges under Section 1591 even if there is no
evidence of coercion.
More broadly, a defendant's criminal liability does not hinge on his victim identifying as
having suffered at his hands. Therefore, a prosecution could proceed, should Mr. Acosta decide
to do so, even though some of the young women allegedly have said that they do not view
themselves as victims.
Witness credibility. As all prosecutors know, there are no perfect witnesses. Particularly
in cases involving exploited children, as one member of your defense team, Ms. Thacker, surely
knows from her work at CEOS, it is not uncommon for victim-witnesses to give conflicting
statements. The prosecutors are in the best position to assess the witness's credibility. Often, the
prosecutor may decide that the best approach is to present the witness, let defense counsel
explore the credibility problems on cross-examination, and let the jury resolve the issue. Mr.
Acosta would be within his authority to select that approach, especially when here there are
multiple, mutually-corroborating witnesses.
Contradictions and omissions in the search warrant application. We have carefully

reviewed the factual issues you raise concerning the search warrant application. For a search
warrant to be suppressed, however, the factual errors must be material, and the officers must not
have proceeded in good faith. Despite the numerous factual errors you describe, the U.S.
Attorney's Office could still plausibly argue that the mistakes-whether inadvertent or
intentional-were not material to the determination that probable cause existed for a search, and
that the search was in good faith in any event. As such, Mr. Acosta could properly elect to
defend the search warrant in court rather than forego prosecution.
Petite Policy: After reviewing the petite policy and consulting with the Office of
Enforcement Operations ("OEO"), we conclude that the petite policy does not prohibit federal
prosecution in this case. According to the U.S. Attorney's Manual, the petite policy "applies
whenever there has been a prior state or federal prosecution resulting in an acquittal, a
conviction, including one resulting from a plea agreement, or a dismissal or other termination of
3
the case on the merits after jeopardy has attached." USAM 9-2.03 l(C). Our understanding is
that the state case is still pending. As such, the procedural posture of the state case does not
implicate the petite policy.
We recognize that the petite policy could be triggered if the state case concluded after a
federal indictment was issued but prior to the commencement of any federal trial. Id. However,
the policy "does not apply ... where the [state] prosecution involved only a minor part of the
contemplated federal charges." USAM 9-2.031(B). Based on our understanding of the possible
federal charges and existing state charges, we do not think the petite policy would be an issue
should federal proceedings take place.
Federalism and Prosecutorial Discretion. All of the above issues essentially ask whether
a federal prosecution can proceed. We understand, however, that you also ask whether a federal
prosecution should proceed, even in the event that all of the elements of a federal offense could
be proven. On this issue, you raised two arguments: that the conduct at issue here is traditionally
a state concern because the activity is entirely local, and that the typical prosecution under federal
child exploitation statutes have different facts than the ones implicated here. You have
essentially asked us to look into whether a prosecution would so violate federal prosecutorial
policy that a United States Attorney's Office should not pursue a prosecution. We do not think
that is the case here for the following reasons.
Simply, the commercial sexual exploitation of children is a federal concern, even when
the conduct is local, and regardless of whether the defendant provided the child (the "pimp") or
paid for the child (the 'john"). In your materials, you refer to a letter sent by the Department of
Justice to Congress in which the Department expresses concern over the expansion of federal
laws to reach almost all instances of prostitution. In that portion of the letter, the Department
was expressly referring to a proposed federal law that reach adult prostitution where no force,
fraud, or coercion was used. Indeed, the point being made in that letter is that the Department's
efforts are properly focused on the commercial sexual exploitation of children and the
exploitation of adults through the use of force, fraud, or coercion. As such, there is no
inconsistency between the position taken in that letter and the federal prosecution of wholly local
instances of the commercial sexual exploitation of children.
If Congress wanted to limit the reach of federal statutes only to those who profit from the
commercial sexual exploitation of children, or only to those who actually traffic children across
state lines, it could have done so. It did not. Finally, that a prosecution of Mr. Epstein might not
look precisely like the cases that came before it is not dispositive. We can say with confidence
that this case is consistent in principle with other federal prosecutions nationwide. As such, Mr.
Acosta can soundly exercise his authority to decide to pursue a prosecution even though it might
involve a novel application of a federal statute.
Conclusion. After carefully considering all the factual and legal issues raised, as well as
the arguments concerning the general propriety of a federal case against Mr. Epstein on these
4
.,
facts, we conclude that federal prosecution in this case would not be improper or inappropriate.
While you raise many compelling arguments, we do not see anything that says to us categorically
that a federal case should not be brought. Mr. Acosta would not be abusing his prosecutorial
discretion should he authorize federal prosecution ~~--~:·/~·
Sil).Cefely s,
/' ,./-~~~~--
cc: AAG Alice S. Fisher

L~~
~,
.
DAAG Sigal P. Mandelker
U.S. Attorney R. Alexander Acosta
5
GOVERNMENT
EXHIBIT
I
Washington, D.C. 20530
June 23, 2008
Jay Lefkowitz, Esq.

Kenneth Starr, Esq.
Kirkland and Ellis LLP
777 South Figueroa Street
Los Angeles, CA 90017
Gentlemen:
This Office has completed a thorough review of the U.S. Attorney's handling of the matter
involving your client, Jeffrey Epstein. We have received and reviewed your letters of May 19,
June 3 and June 19, 2008, the attachments to the June 19 letter, as well as your submissions to
the Criminal Division and the U.S. Attorney's Office. Additionally, we have reviewed an
extensive set of materials provided by the U.S. Attorney's Office and conferred with a number of
highly experienced Department attorneys about this matter. The Deputy Attorney General has
also been briefed.
As you know, the Department of Justice vests considerable discretion in its U.S. Attorneys, and
the Deputy Attorney General will intervene in only the most unusual of circumstances. We do
not believe such intervention is warranted here. Even if we were to substitute our judgment for
that of the U.S. Attorney, we believe that federal prosecution of this case is appropriate.
Moreover, having reviewed your allegations of prosecutorial misconduct, and the facts
underlying them, we see nothing in the conduct of the U.S. Attorney's Office that gives us any
reason to alter our opinion.
Sincerely,
John Roth
Senior Associate Deputy Attorney General
cc: Alex Acosta

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GOVERNMENT
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76

Office of Justice Programs
Office for Victims of Crime
ATTORNEY GENERAL GUIDELINES FOR
VICTIM AND WITNESS ASSISTANCE
May 2005

76
FOREWORD
We at the Department of Justice have a duty not only to uphold the rights of individuals who are
accused or convicted of a crime but to protect the rights of the victims of crime. Dedicated
professionals throughout the Department of Justice work to vindicate the rights of crime victims
under law, to offer them aid through the Crime Victims’ Fund, and generally to ease their
interaction with the criminal justice system. Crime victims deserve no less.
This new edition of the Attorney General Guidelines for Victim and Witness Assistance will
facilitate our critical work on behalf of crime victims. It incorporates the many provisions for
crime victims’ rights and remedies, including the Justice for All Act of 2004, that have been
enacted since the publication of the last edition. It also includes new guidance on assisting the
victims of certain crimes, such as human trafficking and identity theft, that may give rise to
unique challenges. These updates and improvements will inform the efforts of victim assistance
specialists and other personnel throughout the Department of Justice.
We will never be able to reverse the suffering of crime victims or restore all that they have lost.
Nevertheless, the Department of Justice can do a great deal to minimize the frustration and
confusion that victims of a crime endure in its wake. These Guidelines will help us discharge our
obligation to do so.
______________________________
Alberto R. Gonzales
Attorney General of the United States

76
CONTENTS
Foreword.............................................................................................................................2
Article I. Victims’ Rights...................................................................................................5
Best Efforts To Accord Rights.......................................................................................5
Rights of Crime Victims ................................................................................................5
Advice of Attorney ........................................................................................................5
Definition of Crime Victim............................................................................................5
Enforcement Mechanisms for Victims ..........................................................................5
Article II. General Considerations ...................................................................................7
Statement of Purpose .....................................................................................................7
Background ....................................................................................................................7
Construction of These AG Guidelines ...........................................................................8
Definitions of “Crime Victim”.......................................................................................9
Application.....................................................................................................................9
Responsible Officials ...................................................................................................10
Cases With Large Numbers of Victims .......................................................................12
Cases Involving Juvenile Offenders ............................................................................15
Victims’ Declination of Services .................................................................................16
Article III. Guidelines Applicable to All Components .................................................17
Mandatory Reporting of Compliance With the AG Guidelines...................................17
Performance Appraisal.................................................................................................17
Sanctions ......................................................................................................................17
Mandatory Training .....................................................................................................17
Reporting Suspected Cases of Child Abuse ................................................................18
Victim Notification System .........................................................................................20
Victim Privacy .............................................................................................................20
Article IV. Services to Victims and Witnesses ..............................................................22
Investigation Stage.......................................................................................................22
Prosecution Stage.........................................................................................................26
Corrections Stage .........................................................................................................33
Article V. Restitution.......................................................................................................37
Background ..................................................................................................................37
Statutory Framework ...................................................................................................37
Consideration Affecting the Recovery of Restitution..................................................38
Considerations in Plea Agreements .............................................................................39
Restitution Procedures .................................................................................................40
Sentencing....................................................................................................................43
Enforcement of Restitution ..........................................................................................44
Interaction Between Restitution and Asset Forfeiture.................................................46
Limitation on Liability.................................................................................................47

76
Article VI. Guidelines for Child Victims and Child Witnesses ...................................48
Statement of Purpose ...................................................................................................48
General Guidelines ......................................................................................................48
Investigation/Forensic Interviewing of Child Victims and Witnesses ........................51
Prosecutions Involving Child Victims and Child Witnesses .......................................51
Article VII. Guidelines for Victims of Domestic Violence, Sexual Assault,
or Stalking ........................................................................................................................58
Article VIII. Guidelines for Victims of Terrorism and Other Mass Casualties ........62
Identification of Victims ..............................................................................................62
Provision of Services ...................................................................................................63
Multijurisdictional Response to Domestic Terrorism and Mass
Violence Victims .........................................................................................................65
Criminal Aviation Disasters.........................................................................................66
Article IX. Guidelines for Victims of Human Trafficking ...........................................67
Provision of Special Services for Victims of Human Trafficking...............................68
Article X. Guidelines for Victims of Identity Theft ......................................................73
Article XI. Nonlitigability................................................................................................75

76
ARTICLE I.
VICTIMS’ RIGHTS
A. Best Efforts To Accord Rights
Officers and employees of the Department of Justice and other departments and agencies of
the United States engaged in the detection, investigation, or prosecution of crime shall make
their best efforts to see that crime victims are notified of, and accorded, the rights described
below. (18 U.S.C. ' 3771(c)(1))
B. Rights of Crime Victims
A crime victim1 has the following rights under 18 U.S.C. ' 3771(a):
1. The right to be reasonably protected from the accused.

2. The right to reasonable, accurate, and timely notice of any public court proceeding, or
any parole proceeding, involving the crime or of any release or escape of the accused.
3. The right not to be excluded from any such public court proceeding, unless the court,
after receiving clear and convincing evidence, determines that testimony by the victim
would be materially altered if the victim heard other testimony at that proceeding.
4. The right to be reasonably heard at any public proceeding in the district court involving
release, plea, [or] sentencing, or any parole proceeding.
5. The reasonable right to confer with the attorney for the Government in the case.
6. The right to full and timely restitution as provided in law.
7. The right to proceedings free from unreasonable delay.
8. The right to be treated with fairness and with respect for the victim=s dignity and
privacy.
C. Advice of Attorney
The prosecutor shall advise the crime victim that the crime victim may seek the advice of an
attorney with respect to the rights enumerated above. (18 U.S.C. ' 3771(c)(2))
D. Enforcement Mechanisms for Victims
The Justice for All Act of 2004 provides crime victims, as defined in article II.D.1, with two
mechanisms for enforcing the rights enumerated above.
1. Judicial Enforcement. Crime victims, or the Government on their behalf, may move in
Federal district court for an order enforcing their rights. (18 U.S.C. ' 3771(d)(3)) “The
district court shall take up and decide any motion asserting a victim’s right forthwith. If
1
A “crime victim” for purposes of these rights is a person who satisfies the definition in article II.D.1 of
this document.

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the district court denies the relief sought, the movant may petition the court of appeals
for a writ of mandamus.” (Id.)
2. Administrative Complaint. A crime victim may also file an administrative complaint if

Department employees fail to respect the victim’s rights. The Attorney General must
take and “investigate complaints relating to the provision or violation of the rights of a
crime victim” and provide for disciplinary sanctions for Department employees who
“willfully or wantonly fail” to protect those rights. (18 U.S.C. ' 3771(f)(2))

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ARTICLE II.
GENERAL CONSIDERATIONS
A. Statement of Purpose
The purpose of this document, the Attorney General Guidelines for Victim and Witness
Assistance (the AG Guidelines), is to establish guidelines to be followed by officers and
employees of Department of Justice investigative, prosecutorial, and correctional
components in the treatment of victims of and witnesses to crime.
These AG Guidelines supersede the Attorney General Guidelines for Victim and Witness
Assistance (2000).
B. Background
The first Federal victims’ rights legislation was the Victim and Witness Protection Act of
1982 (VWPA). Congress amended and expanded on the provisions of the 1982 Act in
subsequent legislation, primarily the Victims of Crime Act of 1984, the Victims’ Rights and
Restitution Act of 1990, the Violent Crime Control and Law Enforcement Act of 1994, the
Antiterrorism and Effective Death Penalty Act of 1996, the Victim Rights Clarification Act
of 1997, and the Justice for All Act of 2004.
In VWPA, Congress made findings about the criminal justice system’s treatment of crime
victims. Congress recognized that without the cooperation of victims and witnesses, the
criminal justice system would cease to function. Yet, often those individuals were either
ignored by the system or simply viewed as “tools” to use to identify and punish offenders.
Congress found that all too often a victim suffers additional hardship as a result of contact
with the system. VWPA was enacted “(1) to enhance and protect the necessary role of crime
victims and witnesses in the criminal justice process; (2) to ensure that the Federal
Government does all that is possible within limits of available resources to assist victims and
witnesses of crime without infringing on the constitutional rights of defendants; and (3) to
provide a model for legislation for State and local governments.” (Pub. L. No. 97-291, ' 2)
In VWPA, Congress instructed the Attorney General to develop and implement guidelines
for the Department of Justice consistent with the purposes of the Act. Congress set forth the
objectives of the guidelines, which include the provision of services to victims; notification
about protection, services, and major case events; consultation with the Government
attorney; a separate waiting area at court; the return of property; notification of employers;
and training for law enforcement and others. Congress also instructed the Attorney General
to assure that all Federal law enforcement agencies outside the Department of Justice adopt
guidelines consistent with the purposes of VWPA. (18 U.S.C. ' 1512, Historical and
Statutory Notes, Federal Guidelines for Treatment of Crime Victims and Witnesses in the
Criminal Justice System). In conformance with the congressional directive, the Attorney
General promulgated the Attorney General Guidelines for Victim and Witness Assistance.
Periodically, the AG Guidelines have been revised to incorporate new legislative provisions.

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Starting with VWPA and continuing through the later legislation, Congress established a list
of victims’ rights and directed the Justice Department and other departments and agencies of
the Federal Government engaged in the detection, investigation, or prosecution of crime to
make their “best efforts” to see that crime victims are accorded the rights. The list of rights,
commonly referred to as the “victims’ bill of rights,” is now codified at 18 U.S.C. ' 3771(a).
Congress also defined a group of services that Federal agencies have the responsibility to
provide to crime victims. The basic list of responsibilities appears in 42 U.S.C. ' 10607. The
Crime Control Act of 1990 later stated that those services Ashall@ be provided. Specialized
provisions dealing with certain types of victims and crimes appear elsewhere in Titles 42 and
18. For example, provisions specifically dealing with child victims and witnesses appear in
18 U.S.C. ' 3509.
Subsequent legislation has further expanded victims’ rights in a variety of ways. The Violent
Crime Control and Law Enforcement Act of 1994 established mandatory restitution for
victims of four categories of crime: (1) domestic violence, (2) sexual assault, (3) the
exploitation and abuse of children, and (4) telemarketing fraud. The Antiterrorism and
Effective Death Penalty Act of 1996 expanded mandatory restitution to virtually all crimes
committed in violation of Title 18 of the United States Code. (18 U.S.C. ' 3663A) The
Victim Rights Clarification Act of 1997 gives victims the right to attend a trial even though
they may testify during the sentencing portion of the trial. (18 U.S.C. ' 3510) The Victims of
Trafficking and Violence Protection Act of 2000 protects immigrant victims of domestic
violence, human trafficking, and other crimes from deportation in certain cases. (22 U.S.C.
'' 7101–7110; 8 U.S.C. ' 1101(a)(15)(U)) The Justice for All Act of 2004 expanded and
recodified the victims’ bill of rights and gave victims standing to enforce those rights.
C. Construction of These AG Guidelines
The foundation for these AG Guidelines is the Federal victims’ rights laws. The core statutes
are 18 U.S.C. ' 3771 and 42 U.S.C. ' 10607, but additional rights and requirements exist in
other statutes and rules of criminal procedure. In the text of these AG Guidelines, all
statutory requirements or rules of criminal procedure are followed by a direct citation to the
applicable statute or rule. Guidelines that are purely Justice Department policy, as opposed to
statutory law, will not be followed by a citation. Guidelines that are policy intended to
implement a statutory right, provision, or procedural rule will be followed by a citation
referring to the statute or rule.
The AG Guidelines use the word “shall” where “shall” appears in a statute. The use of the
term “shall” means that the relevant guideline is mandatory, though room may remain for
individual judgment in determining how best to comply with the guideline. When the AG
Guidelines use the word “should,” the employee is expected to take the action or provide the
service described unless there is an appropriate, articulable reason not to do so. A strong
presumption exists in favor of providing rather than withholding assistance and services to
victims and witnesses of crime.

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D. Definitions of “Crime Victim”
The term Acrime victim@ is defined differently by different Federal statutes. Unless otherwise
noted, these AG Guidelines use the following definitions.
1. Enforcement of Rights. For purposes of enforcing the rights enumerated in article I.B, a
victim is “a person directly and proximately harmed as a result of the commission of a
Federal offense or an offense in the District of Columbia” (18 U.S.C. ' 3771(e)) if the
offense is charged in Federal district court. If a victim is under 18 years of age,
incompetent, incapacitated, or deceased, a family member or legal guardian of the
victim, a representative of the victim’s estate, or any other person so appointed by the
court may exercise the victim’s rights, but in no event shall the accused serve as a
guardian or representative for this purpose. (18 U.S.C. ' 3771(e)) A victim may be a
corporation, company, association, firm, partnership, society, or joint stock company.
(1 U.S.C. ' 1)
2. Provision of Services. For purposes of providing the services described in these AG

Guidelines, a victim is “a person that has suffered direct physical, emotional, or
pecuniary harm as a result of the commission of a crime.” (42 U.S.C. ' 10607(e)(2)) If
a victim is an institutional entity, services may be provided to an authorized
representative of the entity. If a victim is under 18 years of age, incompetent,
incapacitated, or deceased, services may be provided to one of the following (in order
of preference) for the victim’s benefit:
a. A spouse.
b. A legal guardian.
c. A parent.
d. A child.
e. A sibling.
f. Another family member.
g. Another person designated by the court.
(42 U.S.C. ' 10607(e)(2))
E. Application
1. Providers of Rights and Services. These AG Guidelines apply to those components of

the Department of Justice engaged in investigative, prosecutorial, correctional, or
parole functions within the criminal justice system. The AG Guidelines are intended to

76
serve as a model for guidelines on the fair treatment of crime victims and witnesses for
other State and Federal law enforcement agencies.
Department components should encourage non-Department personnel specially

assigned or deputized to work with Department components to learn and comply with
the victims’ rights laws and these AG Guidelines.
2. Recipients of Rights and Services. The majority of the rights and services in these AG
Guidelines are applicable to victims of crime. Some provisions apply to witnesses to
crime.
For purposes of determining the applicability of these AG Guidelines to any victim,

refer to the definitions, supra, article II.D.
A person who is culpable for or accused of the crime being investigated or prosecuted
should not be considered a victim for purposes of the rights and services described in
these AG Guidelines. (18 U.S.C. ' 3771(d)(1)) Nonetheless, a person who may be
culpable for violations or crimes other than the crime being investigated or prosecuted
may be considered a victim under this policy. For example, victims of involuntary
servitude or trafficking may be considered victims for purposes of the prosecution of
those crimes despite any legal culpability that the victims may have for ancillary
immigration or prostitution offenses. In addition, criminal suspects who are subjected
to excessive force by law enforcement officers and inmates who are victims of crime
during their incarceration for other offenses may be considered victims. An inmate=s
detention, however, may prevent the inmate from exercising the rights and receiving
the services normally afforded to victims. For example, Department personnel are not
required by these AG Guidelines to transport inmates to court to attend hearings
relating to crimes against those inmates.
A person whose injuries stem only indirectly from an offense is not entitled to the
rights or services described in the AG Guidelines. Although bystanders are therefore
not generally considered victims, there may be circumstances in which a bystander
does suffer an unusually direct injury, and Department personnel have the discretion to
treat this bystander as a victim.
F. Responsible Officials
Pursuant to 42 U.S.C. ' 10607(a), the Attorney General is required to designate persons in
the Department of Justice who will be responsible for identifying the victims of crime and
performing the services described in that section. These persons are referred to as
“responsible officials” in the statute and throughout these AG Guidelines. (42 U.S.C.
' 10607(a)) The designation of responsible officials for each component appears below and
at the beginning of the sections indicating the stage in the process at which the relevant
component operates. Responsible officials may delegate their responsibilities under these AG
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Guidelines to subordinates in appropriate circumstances, but responsible officials remain

obliged to ensure that all such delegated responsibilities are discharged.
The Attorney General designates the following responsible officials:
1. Investigators
a. FBI—the special agent-in-charge of the division having primary responsibility

for conducting the investigation.
b. DEA—the special agent-in-charge of the division having primary responsibility

c. Bureau of Alcohol, Tobacco, Firearms and Explosives—the special

agent-in-charge of the division having primary responsibility for conducting the
investigation.
d. U.S. Marshals Service—the U.S. Marshal in whose district the case is being
conducted.
e. Office of the Inspector General—the Inspector General.
2. Prosecutors
a. For cases in which charges have been filed—the U.S. Attorney in whose district
the prosecution is pending.
b. For cases in which a litigating division of the Justice Department is solely

responsible—the chief of the section having responsibility for the case. The
chief of the section is responsible for performing the same duties under these
AG Guidelines as are required of a U.S. Attorney. By agreement between the
litigating division and the Executive Office for United States Attorneys
(EOUSA), the responsible official from the litigating division may delegate
some responsibilities to the U.S. Attorney in whose district the prosecution is
pending.
c. For cases in which the U.S. Marshals Service is the custodial agency—the U.S.
Attorney in whose district the prosecution is pending.
3. Corrections Officials
a. For cases in which the U.S. Marshals Service is the custodial agency—the U.S.
Attorney in whose district the prosecution is pending.
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b. For cases in which the Bureau of Prisons has become involved—the Director or
Warden of each Bureau of Prisons (BOP) facility where the defendant is
incarcerated.
4. Parole Officials
a. For proceedings relating to the revocation of parole or the revocation of

supervised release in the District of Columbia—the Chairman of the U.S. Parole
Commission.
The responsible official shall designate the individual or individuals who will carry out
victim-witness services in each Department of Justice investigating field office, corrections
facility, parole office, U.S. Attorney’s Office, and Justice Department litigating division. The
responsible official shall instruct such designated individuals to comply with these AG
Guidelines and shall delegate the authority to carry out the activities that are thereby
required.
All responsible officials and other employees involved in complying with these regulations
must cooperate with other components of the Department of Justice in providing victims with
the services required by Federal law and by these AG Guidelines. In many instances when
certain duties and responsibilities overlap, duplicative provision of services is not required,
but responsible officials should promote coordination and interagency teamwork between
Department employees and State, local, or tribal officials. At each stage in the provision of
services, the transition of responsibility from one component of the Department of Justice to
the next must include a sharing of information (in many cases prior to the actual transfer of
responsibility). In this way, gaps in notification and other services are eliminated and crime
victims receive uniform rather than fragmented treatment, starting from the initial
investigation and continuing throughout their entire involvement with the Federal criminal
justice system.
Responsible officials and the individuals they have designated should also work with the
other Federal agencies that investigate and prosecute violations of Federal law to assist those
agencies in providing these services to victims.
G. Cases with Large Numbers of Victims
Individual and personal contact with victims is recommended whenever reasonably feasible.
Although implementing these AG Guidelines is relatively straightforward in cases in which
the number of victims is limited, doing so can present challenges as the number of victims
grows into the hundreds and thousands. Department employees should use new technology
and be creative in order to provide victims in large cases with the same rights and services as
victims in smaller cases. In carrying out their obligations under the AG Guidelines in cases
with large numbers of victims, responsible officials should use the means, given the
circumstances, most likely to achieve notice to the greatest possible number of victims.
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If the responsible official (as designated in these AG Guidelines) deems it impracticable to

afford all of the victims of a crime any of the rights enumerated in 18 U.S.C. ' 3771(a), the
attorney for the Government should move the appropriate district court at the earliest
possible stage for an order fashioning a reasonable procedure to effectuate those rights to the
greatest practicable extent. (18 U.S.C. ' 3771(d)(2))
1. Identification. Identification of victims is the responsibility of the investigative agency

(see art. IV.A.2). Identifying and locating victims can be one of the most difficult
victim assistance tasks in a case with a large number of victims. Both new technology
and traditional law enforcement methods can be utilized to identify victims regardless
of whether the case involves a large-scale mass violence crime or a large-scale
economic crime. For example, officials may use notices on official Web sites or in print
or broadcast media to ask victims to contact the agency. Access to a toll-free number
can be arranged so that victims can both provide identification information and receive
information about available assistance and services.
Department employees may also work with hospitals, schools, employers, nonprofit
organizations, faith-based organizations, and disaster-assistance centers (where
appropriate) to reach out to victims and to secure identification and contact
information.
In large white-collar crime cases, names and addresses of victims may be obtainable
from the defendants’ records.
For crimes involving aviation disasters, the FBI is the lead investigative agency and has
specialized protocols for collecting passenger- and ground-casualty victim information.
2. Notices and Referrals. The optimal means of notifying and assisting crime victims will
necessarily vary with the underlying offense and the victims’ own circumstances. The
anticipated needs of the victims and the likelihood of effecting actual notice should be
the principal criteria for selecting the means to be used. In every case, Department
employees should carefully evaluate the type of information relayed and the method of
communicating the information to see that investigations are not compromised and that
victims’ privacy is not inadvertently invaded. Among the means of notifying victims
are the following:
a. Automated Victim Notification System. Department personnel should strive to

use the Automated Victim Notification System (VNS) whenever possible in
cases with large numbers of victims. With VNS, it is possible to send large
numbers of victims an initial notification letter and to invite them either to
request subsequent notifications by e-mail or to obtain new information as it
develops through the VNS automated call center or the Internet. (As a general
rule, the VNS project will provide only one mass mailing per case.) When
victims’ names and addresses are maintained in an electronic format, it may be
possible to transfer that information directly into the system.
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b. Electronic Mail. Notice and ongoing communications with victims in cases with
large numbers of victims are also substantially facilitated by e-mail. (Because
e-mail does not constitute a private and secure means of communication,
Department employees should consider obtaining victims’ express consent
before using e-mail to transmit confidential communications.) Especially in
cases in which more personal communication with the victims is called for,
such as cases involving violent crime and identity theft, group e-mail lists can
make communication with large numbers practicable. Department staff can send
periodic updates to the victims about case events and can answer requests for
referrals to social services in an efficient manner. E-mail is also one of the best
ways to communicate with victims and witnesses in foreign countries.
c. Internet Web Sites. In light of increasingly widespread access to the Internet,

Web sites can be created that contain information concerning the progress of
investigations and prosecutions. Department employees should avoid posting
any information on the Internet that is not for public dissemination. Information
that would normally be appropriate for a press release, including the dates of a
public court proceeding, is generally appropriate for the Internet. Department
employees can place case information on public agency or office Web sites at a
marginal cost to the Department.
d. Bridge or Conference Calls. Bridge calls or conference calls allow Department

employees to speak to a large group of victims and witnesses in one telephone
call. Each victim or witness who wants to participate in the call is told the date
and time of the call and given a phone number and PIN. At the designated time,
victims and witnesses call in, give their PIN, and are connected to the
discussion.
e. Toll-Free Telephone Numbers. Budget permitting, a toll-free telephone number

system may be established to permit victims to call in and receive information
about the status of a matter or to allow Department employees to make outgoing
calls to the victims to alert them to a change in status.
f. Town Meetings. When a crime results in a large number of victims who cannot
be readily identified but reside in a limited geographic area, a well-publicized
town meeting may be an effective way to identify victims, provide them with
notice and pertinent information, and consult with them concerning the crime
and the Government's investigation. Public meetings may be inappropriate for
identifying or communicating with child victims or victims of certain highly
sensitive crimes.
g. Private Groups. Private groups that comprise a significant number of victims of

a particular crime may have newsletters or other methods of reaching their
members. Some groups, including those organized by court-appointed receivers
or plaintiffs’ counsel in shareholder suits, may be willing to assist with
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preparing and disseminating a newsletter targeted at victims or to assist in some

other way.
3. Participation. Technology can be helpful in enabling large numbers of victims to

participate in the criminal justice process. E-mail is one means of collecting victim
impact statements from a large group located anywhere in the world. The closed-circuit
televising of court proceedings has been used in several large cases with victims spread
over a large geographic area.
If a courtroom’s observation area is too small to accommodate all the victims who want
to observe a proceeding, Department attorneys should consider advocating for moving
the proceeding to a larger courtroom or providing a closed-circuit feed of the
proceedings to another venue where victims can gather. Department attorneys should
also consider advocating for the oral presentation in court of a representative sample of
victim impact statements.
H. Cases Involving Juvenile Offenders
1. Generally. Victims of juvenile offenders shall be considered victims for purposes of

these AG Guidelines and shall be entitled to the normal rights and services except
where Federal law specifically provides otherwise. The Federal Juvenile Delinquency
Act restricts the type of information that may be disclosed to victims regarding
investigations and proceedings of juvenile offenders (unless the juvenile has been
transferred for criminal prosecution as an adult). (18 U.S.C. '' 5031–5042)
a. Investigative Stage. During the investigative stage, a victim should receive the
services to which he or she would normally be entitled, but only a general
statement about the progress of an investigation into the role of a juvenile
suspect may be disclosed. Investigators and other department employees are
cautioned that the name and other identifying data relating to a suspect who is
known or believed to have been younger than 18 when the crime occurred
should not be disclosed.
b. Prosecutorial Stage
(1) Prosecutors in juvenile cases should solicit and receive victims’ views
on appropriate disposition (not only whether the prosecutor should move
to detain, dismiss, defer prosecution, or accept a plea, but also how
severe a sentence is warranted). Prosecutors should tell victims that
presentence reports and victim impact statements are not mandated at
dispositional hearings but that a victim may prepare such a statement for
the prosecutor to offer to the court. Upon request, prosecutors should
make reasonable efforts to assist the victim in preparing an accurate
victim impact statement. The prosecutor may also request that the court
order the probation office to prepare a victim impact statement.
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(2) Prosecutors are not permitted to convey to the victim any prosecutorial
information about the progress of a juvenile proceeding unless and until
the court has found the juvenile to be delinquent. After a finding of
delinquency, Federal law explicitly permits disclosure of information
about the final disposition to the victim or, if the victim is deceased, to
the victim’s immediate family. (18 U.S.C. ' 5038(a)(6)) Upon request, a
victim should be apprised of the final disposition of the case and the
sentence imposed on the offender.
c. Corrections Stage. A victim should not be notified when the juvenile offender in
his or her case has actually been released from custody unless the victim has
requested such notification.
I. Victim Declination of Services
Department employees are required, by law and under these AG Guidelines, to identify
victims of crime, notify them of their rights, and offer them services as described in these AG
Guidelines. Victims, however, are not required to exercise their rights or to accept these
services and may choose at any point in the criminal justice process to decline to receive
further services or assistance. Department employees need not provide services that victims
have made an informed decision to decline. When a victim declines services, Department
employees should attempt to ascertain whether the victim wants to decline all future services
or only one or more specific services. In the latter case, responsible officials should continue
to provide services that have not been declined. In any event, the responsible official should
consider properly documenting the victim’s informed declination of mandatory rights and
services.
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ARTICLE III.
GUIDELINES APPLICABLE TO ALL COMPONENTS
A. Mandatory Reporting of Compliance with the AG Guidelines
The Director of the Office for Victims of Crime (OVC), has the statutory responsibility for
monitoring Justice Department compliance with the AG Guidelines. (42 U.S.C.
' 10603(c)(3)(A)) Responsible officials shall report to the Attorney General through the
OVC Director about their compliance by means of an Annual Compliance Report containing
the relevant data (including the numbers of crime victims offered services) requested by the
OVC Director. The Annual Compliance Report shall be submitted to OVC by February 15 of
the year following the year that is the subject of the report.
B. Performance Appraisal
The annual work plans and performance appraisals of each appropriate Federal law
enforcement officer, supervisor, investigator, prosecutor, corrections officer, and parole
official (and appropriate staff of those agencies) shall encompass, as a required activity,
implementation of and evaluation of adherence or nonadherence with the victims’ rights and
victims’ and witnesses’ services provisions set forth in these AG Guidelines. All
investigative, prosecutorial, correctional, and postcorrectional components with
responsibilities for providing rights and services to victims should include the discharge of
such responsibilities among those components’ criteria for reviews and evaluations.
Verification of the institution of this recommendation must be included in the Annual
Compliance Report.
C. Sanctions
Pursuant to the Justice for All Act of 2004, 18 U.S.C. ' 3771(f)(2)(C), disciplinary sanctions,
up to and including suspension and termination of employment, may result from a willful or
wanton failure to comply with provisions of Federal law pertaining to the treatment of crime
victims.
D. Mandatory Training
Responsible officials shall ensure that all employees whose primary responsibilities include
contact with crime victims and witnesses receive a copy of these AG Guidelines and not less
than 1 hour of training concerning the Guidelines and victims’ and witnesses’ rights within
60 days after assuming such responsibilities. Responsible officials shall also ensure that the
same employees undergo additional training with respect to any changes in the AG
Guidelines or the law relating to victims’ rights within a reasonable time after such changes
take effect.
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The Deputy Attorney General may, from time to time, direct responsible officials to ensure
that other Department employees undergo additional training with respect to victims’ rights
and these AG Guidelines.
E. Reporting Suspected Cases of Child Abuse
All Federal law enforcement personnel have obligations under State and Federal law to
report suspected child abuse. All Federal employees should refer to their State child abuse
reporting laws to determine the scope of the obligation in cases of suspected child abuse.
State laws vary substantially. Some States require mandatory reporting of child abuse or
neglect by all persons within their boundaries; others require such reporting only from
individuals engaged in expressly listed occupations. When the suspected child abuse is
observed on Federal lands, the Federal child abuse reporting law also applies. The Federal
child abuse reporting law requires certain professionals (listed below) working on Federal
land or in a federally operated (or contracted) facility, in which children are cared for or
reside, to report suspected child abuse to an investigative agency designated by the Attorney
General to receive and investigate such reports. (42 U.S.C. ' 13031)
A report should be made even if the information inadvertently comes to the employee’s
attention, but not if the suspected child abuse has already been reported and is the subject of
an existing report or investigation.
1. Sanctions for Failure To Report. A covered professional who, while working on

Federal land or in a federally operated (or contracted) facility, in which children
are cared for or reside, learns of facts that give reason to suspect that a child has
suffered an incident of child abuse and fails to report such facts in a timely fashion
shall be guilty of a Class B misdemeanor. (18 U.S.C. ' 2258)
2. Mandated Reporters (Covered Professionals). Persons engaged in the following

professions and activities on Federal land or in a federally operated (or contracted)
facility are subject to the Federal child abuse reporting requirements.
a. Health Care Professionals. Physicians, dentists, medical residents or interns,

hospital personnel and administrators, nurses, health care practitioners,
chiropractors, osteopaths, pharmacists, optometrists, podiatrists, emergency
medical technicians, ambulance drivers, undertakers, coroners, medical
examiners, alcohol or drug treatment personnel, and persons performing a
healing role or practicing the healing arts.
b. Mental Health Professionals. Psychologists, psychiatrists, and other mental

health professionals.
c. Counselors. Social workers and licensed or unlicensed marriage, family, and

individual counselors.
d. Educators. Teachers, teacher’s aides or assistants, school counselors and
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guidance personnel, school officials, and school administrators.
e. Childcare Workers and Administrators.
f. Law Enforcement. Law enforcement personnel, probation officers,

criminal prosecutors, and juvenile rehabilitation or detention facility
employees.
g. Foster Parents.
h. Commercial Film and Photo Processors.
(42 U.S.C. ' 13031(b))
3. Victim Assistance Personnel Should Report Child Abuse. Victim-witness personnel

and others with a degree or license in social work, medicine, nursing, mental health, or
a similar profession may be mandatory reporters on that basis. In any event,
Department of Justice policy is that victim-witness personnel should report suspected
cases of child abuse as if they were mandatory reporters under 42 U.S.C. ' 13031.
4. Agencies Designated by the Attorney General To Receive Reports. Reports of child

abuse on Federal lands or in federally operated (or contracted) facilities pursuant to
42 U.S.C. ' 13031 shall be made to the local law enforcement agency or local child
protective services agency that has jurisdiction to investigate reports of child abuse or
to protect child abuse victims in the area or facility in question. When no such agency
has entered into a formal written agreement with the Attorney General to investigate
such reports, the FBI shall receive and investigate such reports. (28 C.F.R. Part 81, AG
Order No. 1833-93 (Dec. 23 1993)) Reports of child abuse required by State or local
law shall be made to the agency or entity identified in accordance with that law.
5. Verbal Reports Preferred. The report of suspected child abuse should be made by a
method best suited to giving immediate notice, usually verbally, in person or by
telephone, or by facsimile. Reporters should document their report in the same manner
that they document other important work-related actions. Responsible officials may
develop written reporting forms for this purpose. (see 42 U.S.C. ' 13031(e) (use of a
form is encouraged, but shall not take the place of the immediate making of oral reports
when circumstances dictate)). Reports may be made anonymously. Reports are
presumed to have been made in good faith and reporters are immune from civil and
criminal liability arising from the report unless they act in bad faith. (42 U.S.C.
' 13031(f))
6. Reporting in Indian Country. Reporting child abuse in Indian Country is governed by

18 U.S.C. ' 1169 and 25 U.S.C. ' 3203. Health care professionals, school employees
and officials, childcare providers, social workers, mental health professionals and
counselors, law enforcement officers, probation officers, workers in a juvenile
rehabilitation or detention facility, or persons employed in a public agency who are
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responsible for enforcing statutes and judicial orders, are among those required to
report reasonable suspicions that a child has been or may reasonably be expected to be
abused. (18 U.S.C. ' 1169(a)(1)(H) (full list of mandated reporters)). Reports are to be
made to the Federal, State, or tribal agency with primary responsibility for child
protection or the investigation of child abuse within the portion of Indian Country
involved. If the report involves a potential crime and either an Indian child is involved
or the alleged abuser is an Indian, the local law enforcement agency (if other than the
FBI) is required to make an immediate report to the FBI. (25 U.S.C. ' 3203(b)(2)) The
agency receiving the initial report is required to prepare a written report describing the
child, the alleged abuser, and the available facts relating to the abuse allegation within
36 hours.
(25 U.S.C. ' 3203(c)(1))
F. Victim Notification System
For components participating in the automated Victim Notification System (VNS), victim
contact information and notice to victims of events described in article IV of these AG
Guidelines shall, absent exceptional circumstances (such as cases involving juvenile or
foreign victims), be conducted and maintained using VNS. In order for VNS to provide
timely victim notification during the investigative, prosecutorial, and correctional phases of a
case, the responsible official must provide VNS with all necessary information before
transferring notification responsibilities to the next responsible official. Responsible officials
shall ensure that employees with responsibilities related to VNS have received and continue
to receive adequate training on the proper use of VNS.
As of the publication date of these AG Guidelines, not all of the Department’s litigating
divisions participate in VNS. Regardless of whether a litigating division is a VNS
participant, however, the attorney from the division who is handling the case must discharge
the duties that are imposed upon a U.S. Attorney under these AG Guidelines if the division is
solely responsible for the case. With respect to cases handled by the Criminal Division, the
responsible official from the Criminal Division may delegate responsibilities to the U.S.
Attorney in whose district the prosecution is pending pursuant to an agreement between the
Criminal Division and the Executive Office for United States Attorneys (EOUSA).
G. Victim Privacy
Consistent with the purposes of 18 U.S.C. ' 3771(a)(8), Department employees engaged in
the investigation or prosecution of a crime shall respect victims’ privacy and dignity. In
particular, Department employees should use their best efforts to respect the privacy and
dignity of especially vulnerable victims, such as elderly or juvenile victims and victims of
sex offenses or domestic violence. Employees with access to private victim information
should not reveal that information to anyone who does not have a need to know it.
Responsible officials should take special note of the Department’s policy disfavoring the
subjection of sexual assault victims to polygraph examinations. (See infra art. VII.B.2.b.)
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Although victim privacy must be respected, information that may be relevant to an ongoing
crime or to an ongoing investigation or prosecution of a crime should be shared with the
investigating agent or prosecuting attorney. Department employees who are directly involved
in providing victim services should therefore inform victims, when relevant, that certain
information pertaining to victims may be shared among Department employees and other law
enforcement officials.
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ARTICLE IV.
SERVICES TO VICTIMS AND WITNESSES
A. Investigation Stage
The investigative agency’s responsibilities begin with the report of the crime and extend
through the prosecution of the case. In some instances, when explicitly stated, the
investigative agency’s responsibility for a certain task is transferred to the prosecuting
agency when charges are filed.
1. Designation of Responsible Officials. Application of article IV.A will be the

responsibility of the following officials:
a. In the FBI, the responsible official is the special agent-in-charge of the division
having primary responsibility for conducting the investigation.
b. In the DEA, the responsible official is the special agent-in-charge of the office
having primary responsibility for conducting the investigation.
c. In the Bureau of Alcohol, Tobacco, Firearms and Explosives, the responsible

official is the special agent-in-charge of the office having primary responsibility
d. In the U.S. Marshals Service, the responsible official is the U.S. Marshal in
whose district the case is being conducted.
e. In the Office of the Inspector General, the responsible official is the Inspector
General.
Responsible officials may delegate their responsibilities under these AG Guidelines to

subordinates in appropriate circumstances, but responsible officials remain obliged to
ensure that all such delegated responsibilities are discharged.
2. Identification of Victims. At the earliest opportunity after the detection of a crime at

which it may be done without interfering with an investigation, the responsible official
of the investigative agency shall identify the victims of the crime. (42 U.S.C.
' 10607(b)(1)) Prior to the filing of criminal charges, components participating in the
Victim Notification System (VNS) shall enter the name and available contact
information for known victims in that system, and nonparticipating components shall
provide the responsible prosecuting official with a list containing the names of and
available contact information for known victims. In cases with large numbers of
victims, the list shall, if practicable, be provided in an electronic format capable of
being readily entered into VNS.
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3. Description of Services.
a. Information, Notice, and Referral
(1) Initial Information and Notice. Responsible officials must advise a

victim pursuant to this section at the earliest opportunity after detection
of a crime at which it may be done without interfering with an
investigation. To comply with this requirement, it is recommended that
victims be given a printed brochure or card that briefly describes their
rights and the available services, identifies the local service providers,
and lists the names and telephone numbers of the victim-witness
coordinator or specialist and other key officials. Models for such
brochures in several different languages are available from the Office for
Victims of Crime. Personal contact should be made whenever
reasonably feasible.2 A victim must be informed of—
(a) His or her rights as enumerated in 18 U.S.C. ' 3771(a).

(18 U.S.C. ' 3771(c)(1))
(b) His or her right entitlement, on request, to the services listed in

42 U.S.C. ' 10607(c). (42 U.S.C. ' 10607(b)(2)).
(c) The name, title, business address, and telephone number of the
responsible official to whom such a request for services should
be addressed. (42 U.S.C. ' 10607(b)(3))
(d) The place where the victim may receive emergency medical or
social services. (42 U.S.C. ' 10607(c)(1)(A))
(e) The availability of any restitution or other relief (including crime

victim compensation programs) to which the victim may be
entitled under this or any other applicable law and the manner in
which such relief may be obtained. (42 U.S.C. ' 10607(c)(1)(B))
(f) Public and private programs that are available to provide

counseling, treatment, and other support to the victim. (42 U.S.C.
' 10607(c)(1)(C))
(g) The right to make a statement about the pretrial release of the
defendant in any case of interstate domestic violence, violation
2
Contact by law enforcement agencies with foreign nationals residing in other countries must be
coordinated with the appropriate officials of the host government through the FBI Legal Attaché Office responsible
for the country in which the foreign national resides. In the immediate aftermath of a crime against a foreign national
in the United States, the State Department will coordinate contact through the embassy or consulate for the country
of which the victim is a citizen.
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of a protection order, or stalking. At the earliest opportunity after

detection of an interstate domestic violence or stalking offense or
violation of a protective order at which it may be done without
interfering with an investigation, the responsible official of the
investigative agency shall inform the victim that he or she has
the right to make a statement regarding the danger posed by the
defendant for the purposes of determining pretrial release of the
defendant or conditions of such release. (18 U.S.C. ' 2263)
(h) The availability of payment for testing and counseling in cases of

sexual assaults. The responsible official of the investigative
agency shall inform victims of the Attorney General’s obligation
to provide for the payment of the cost of up to two anonymous
and confidential tests of the victim for sexually transmitted
diseases during the 12 months following the assault and the cost
of a counseling session by a medically trained professional
regarding the accuracy of such tests and the risk of transmission
of sexually transmitted diseases to the victim as a result of the
assault. (42 U.S.C. ' 10607(c)(7))
The responsible official should advise the victim of a sexual

assault that poses a “risk of transmission” of the Acquired
Immunodeficiency Syndrome (AIDS) virus of the circumstances
under which the court may order that a defendant be tested for
this condition. The official should explain that such an order is
only available after the defendant has been charged. (42 U.S.C.
' 14011)
(i) The availability of services for victims of domestic violence,

sexual assault, or stalking. Responsible officials should take
appropriate steps to inform victims of domestic violence, sexual
assault, or stalking. of assistance that may be available to them
under programs that have received grants from the Attorney
General, such as legal assistance services funded by grants under
42 U.S.C. ' 3796gg-6, housing assistance for child victims of
domestic violence, sexual assault, or stalking funded by grants
under 42 U.S.C. ' 13975, and other similar services. (See also
art. VII (offering additional guidance for dealing with victims of
domestic violence, sexual assault, or stalking))
(j) The option of being included in VNS. Victims shall be notified

of their opportunity to receive notification of case developments
through VNS as well as their right to decline to be included in
the VNS database.
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(k) Available protections from intimidation and harassment.

Whenever appropriate, victims should be notified of legal
protections and remedies (including protective orders) that are
available to prevent intimidation and harassment.
(2) Referral. The responsible official designated in paragraph A.1 shall

assist the victim in contacting the person or office responsible for
providing the services and relief described in paragraph A.3. (42 U.S.C.
' 10607(c)(1)(D)) When charges are filed, the responsibility for making
referrals is transferred to the responsible official in the prosecutor’s
office.
(3) Notice during the investigation. During the investigation of a crime, a

responsible official shall provide the victim with the earliest possible
notice concerning—
(a) The status of the investigation of the crime, to the extent that it is
appropriate and will not interfere with the investigation.
(42 U.S.C. ' 10607(c)(3)(A))
(b) The arrest of a suspected offender. (42 U.S.C. ' 10607(c)(3)(B))
b. Protection From Harassment/Intimidation. The responsible official of the

investigative agency shall arrange for a victim to receive reasonable protection
from a suspected offender and persons acting in concert with or at the behest of
the suspected offender. (42 U.S.C. ' 10607(c)(2)) Such arrangements may vary
from aiding a victim in changing his or her telephone number to the extreme
measure of proposing the victim for inclusion in the Federal Witness Security
Program (which is available to witnesses only in limited situations and pursuant
to very stringent admission guidelines). These AG Guidelines shall not be
construed to require personal physical protection of a victim, such as by
bodyguards. Department personnel should use their discretion and sound
judgment when assessing and discussing possible threats and security measures
with victims.
c. Return of Property Held as Evidence. At all times, a responsible official shall

ensure that any property of a victim that is being held for evidentiary purposes
is maintained in good condition and returned to the victim as soon as it is no
longer needed for evidentiary purposes. (42 U.S.C. ' 10607(c)(6)) There may
be circumstances, however, in which a victim’s property will inevitably
deteriorate or will be damaged through legitimate use in the law enforcement
process. Responsible officials may consider advising victims of such
circumstances when they arise. Contraband shall not be returned to victims.
d. Notification to Victims’ and Witnesses’ Employers and Creditors. Upon request

by a victim or witness, the responsible official should assist in notifying—
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(1) The employer of the victim or witness if cooperation in the investigation

of the crime causes his or her absence from work.
(2) The creditors of the victim or witness, when appropriate, if the crime or
cooperation in its investigation affects his or her ability to make timely
payments.
Upon filing of charges by the prosecutor, this responsibility transfers to

the responsible official of the prosecutor’s office.
e. Payment for Forensic Sexual Assault Examinations. The responsible official or

the head of another department or agency that conducts an investigation into a
sexual assault shall pay, either directly or by reimbursement of the victim, the
cost of a physical examination of the victim and the costs of materials used to
obtain evidence. The department or agency conducting the sexual assault
investigation shall be responsible for the cost of the examination unless
payment is provided by other means. (42 U.S.C. ' 10607(c)(7))
The sexual assault victim should be informed that he or she may choose to have
the department or agency conducting the investigation pay the cost of the
examination directly. In no case shall the victim be held responsible for
payment of the examination or be required to seek reimbursement for the
examination from his or her insurer. Moreover, in no case shall a victim of
sexual assault be required to cooperate with law enforcement in order to be
provided with a forensic medical examination free of charge.
f. Logistical Information. Victims and witnesses should be provided information

or assistance with respect to transportation, parking, childcare, translator
services, and other investigation-related services. Upon filing of charges by the
prosecutorial agency, this responsibility transfers to the responsible official of
the prosecutorial agency.
g. Programs for Department Employees Who Are Victims of Crime. Responsible

officials should ensure that Department employees have access to an Employee
Assistance Program as well as generally available victim assistance programs.
Responsible officials should assist employees in accessing appropriate victim
services.
B. Prosecution Stage
The prosecution stage begins when charges are filed and continues through postsentencing
legal proceedings, including appeals and collateral attacks.
1. Responsible Officials. For cases in which charges have been instituted, the responsible
official is the U.S. Attorney in whose district the prosecution is pending. For cases in
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which a litigating division of the Department of Justice is solely responsible, the

responsible official is the chief of the section having responsibility for the case. The
Department attorney handling such a case shall perform the same duties under these AG
Guidelines as are required of a U.S. Attorney. By agreement between the litigating
division and EOUSA, the responsible official from the litigating division may delegate
some responsibilities to the U.S. Attorney in whose district the prosecution is pending.
For cases in which the U.S. Marshals Service is the custodial agency and is housing
Federal pretrial detainees (at the same time the offender is being prosecuted by the U.S.
Attorney=s Office), the responsible official for purposes of performing the duties of the
corrections agencies contained in article IV.C shall be the U.S. Attorney in whose
district the prosecution is pending.

2. Services to Crime Victims
a. Victim and Witness Security. Department employees should consider the

security of victims and witnesses in every case. Where necessary, prosecutors
should inform the court of the threat level, risk, and resources available to create
a reasonable plan to promote the safety of victims and witnesses. Department
employees may make victims and witnesses aware of the resources that may be
available to promote their safety, including protective orders, the Emergency
Witness Assistance Program, the Federal Witness Security Program, and State
and local resources. Prosecutors should consider moving for pretrial detention
of the accused pursuant to 18 U.S.C. ' 3142(f) when circumstances warrant it.
b. Information, Notice, and Referrals
(1) Notice of Rights. Officers and employees of the Department of Justice

shall make their best efforts to see that crime victims are notified of the
rights enumerated in 18 U.S.C. ' 3771(a). (18 U.S.C. ' 3771(c)(1))
(2) Notice of Right To Seek Counsel. The prosecutor shall advise the crime
victim that the crime victim can seek the advice of an attorney with
respect to the rights described in 18 U.S.C. ' 3771(a). (18 U.S.C.
' 3771(c)(2)) If the victim is represented, statutorily mandated
notifications and communications may still be directed to the victim, but
the attorney for the victim should be copied on those notifications and
communications whenever it is feasible to do so. For other types of
communications, Department attorneys and their non-lawyer staff
should consult and comply with applicable rules of professional conduct,
which may regulate contact with represented persons.
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(3) Notice of Right To Attend Trial. The responsible official should inform
the crime victim about the victim’s right to attend the trial regardless of
whether the victim intends to make a statement or present any
information about the effect of the crime on the victim during
sentencing. (18 U.S.C. ' 3510(a)) Even if the victim is to testify at trial,
the victim may not be excluded from the trial unless the court finds, on a
record of clear and convincing evidence, that the victim’s testimony at
trial would be altered by exposure to other testimony. If the prosecution
would nevertheless prefer that the victim not attend the trial, the
prosecutor should consider explaining to the victim the need for the
victim’s sequestration in an effort to obtain it voluntarily.
(4) Notice of Case Events. During the prosecution of a crime, a responsible

official shall provide the victim, using VNS (where appropriate), with
reasonable notice of—
(a) The filing of charges against a suspected offender. (42 U.S.C.

' 10607(c)(3)(C))
(b) The release or escape of an offender or suspected offender.

(18 U.S.C. ' 3771(a)(2); 42 U.S.C. ' 10607(c)(3)(E))
(c) The schedule of court proceedings.
(i) The responsible official shall provide the victim with

reasonable, accurate, and timely notice of any public
court proceeding or parole proceeding that involves the
crime against the victim. In the event of an emergency or
other last-minute hearing or change in the time or date of
a hearing, the responsible official should consider
providing notice by telephone or expedited means. This
notification requirement relates to postsentencing
proceedings as well. (18 U.S.C. ' 3771(a)(2))
(ii) The responsible official shall also give reasonable notice

of the scheduling or rescheduling of any other court
proceeding that the victim or witness is required or
entitled to attend. (42 U.S.C. ' 10607(c)(3)(D))
(d) The acceptance of a plea of guilty or nolo contendere or the

rendering of a verdict after trial. (42 U.S.C. ' 10607(c)(3)(F))
(e) If the offender is convicted, the sentence and conditions of
supervised release, if any, that are imposed. (42 U.S.C.
' 10607(c)(3)(G))
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(5) Information about the criminal justice system. During the prosecution of
a crime (if the victim has provided a current address or telephone
number), a responsible official should provide the victim with general
information about the criminal justice process, specifically including—
(a) The role of the victim in the criminal justice process, including
what the victim can expect from the system as well as what the
system expects from the victim.
(b) The stages in the criminal justice process of significance to a

crime victim and the manner in which information about such
stages can be obtained.
(18 U.S.C. ' 1512 (Historical and Statutory Notes); cf. Pub. L. No.
97-291 ' 6(a)(1)(C) and (D))
(6) Referrals. Once charges are filed, the responsible official shall assist the
victim in contacting the persons or offices responsible for providing the
services and relief listed in article IV.A.3.a(1).
(a) The responsible official should take appropriate steps to inform

victims of domestic violence, stalking, or sexual assault about
assistance that may be available to them, such as legal assistance
services funded by grants under 42 U.S.C. ' 3796gg-6, shelter
services funded by grants under the Family Violence Prevention
and Services Act (42 U.S.C. ' 10401 et seq.), and housing
assistance for child victims funded by grants under 42 U.S.C.
' 13975. Refer to article VII of these AG Guidelines for
additional guidance on dealing with victims of domestic
violence, stalking, or sexual assault.
(b) The responsible official should take appropriate steps to inform

immigrant victims of domestic violence that they may petition
for immigration protections under the Battered Immigrant
Women Protection Act of 2000, 8 U.S.C. ' 1101(a)(15)(U).
c. Consultation With a Government Attorney
(1) In General. A victim has the reasonable right to confer with the attorney
for the Government in the case. (18 U.S.C. ' 3771(a)(5)) The victim’s
right to confer, however, shall not be construed to impair prosecutorial
discretion. (18 U.S.C. ' 3771(d)(6)) Federal prosecutors should be
available to consult with victims about major case decisions, such as
dismissals, release of the accused pending judicial proceedings (when
such release is for noninvestigative purposes), plea negotiations, and
pretrial diversion. Because victims are not clients, may become adverse
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to the Government, and may disclose whatever they have learned from
consulting with prosecutors, such consultations may be limited to
gathering information from victims and conveying only nonsensitive
data and public information. Consultations should comply with the
prosecutor’s obligations under applicable rules of professional conduct.
Representatives of the Department should take care to inform victims

that neither the Department’s advocacy for victims nor any other effort
that the Department may make on their behalf constitutes or creates an
attorney-client relationship between such victims and the lawyers for the
Government.
Department personnel should not provide legal advice to victims.
(2) Prosecutor Availability. Prosecutors should be reasonably available to

consult with victims regarding significant adversities they may suffer as
a result of delays in the prosecution of the case and should, at the
appropriate time, inform the court of the reasonable concerns that have
been conveyed to the prosecutor.
(3) Proposed Plea Agreements. Responsible officials should make

reasonable efforts to notify identified victims of, and consider victims’
views about, prospective plea negotiations. In determining what is
reasonable, the responsible official should consider factors relevant to
the wisdom and practicality of giving notice and considering views in
the context of the particular case, including, but not limited to, the
following factors:
(a) The impact on public safety and risks to personal safety.
(b) The number of victims.
(c) Whether time is of the essence in negotiating or entering a

proposed plea.
(d) Whether the proposed plea involves confidential information or

conditions.
(e) Whether there is another need for confidentiality.
(f) Whether the victim is a possible witness in the case and the
effect that relaying any information may have on the defendant’s
right to a fair trial.
d. Separate Waiting Area. During court proceedings, the responsible official shall
ensure that a victim is provided with a waiting area removed from and out of the
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sight and hearing of the defendant and defense witnesses. (42 U.S.C.
' 10607(c)(4))
e. Notification to Victims’ and Witnesses’ Employers and Creditors. Upon request

by a victim or witness, the responsible official should assist in notifying—
(1) The employer of the victim or witness if cooperation in the investigation

or prosecution of the crime causes his or her absence from work.
(2) The creditors of the victim or witness, where appropriate, if the crime or
cooperation in its investigation or prosecution affects his or her ability to
make timely payments.
f. Logistical Information. Victims and witnesses should be provided with

information or assistance with respect to transportation, parking, childcare,
translator services, and other prosecution-related services.
g. Limited Testing of Defendants In Sexual Assault Cases. (42 U.S.C. ' 14011)
(1) Notice and Information. The responsible official should advise the
victim of a sexual assault that poses a “risk of transmission” of the
Acquired Immunodeficiency Syndrome (AIDS) virus of the
circumstances under which the victim may obtain an order that the
defendant be tested for this condition and that the results be shared with
the victim.
(2) Procedure. The court may order such a test when the following
requirements have been met:
(a) The defendant has been charged.
(b) The victim requests that the defendant be tested.
(c) The test would provide information necessary to the victim’s

health.
(3) Negative Test Results. If the initial test is negative and upon the request
of the victim, the court may order followup testing and counseling on
dates 6 and 12 months after the initial test. (42 U.S.C. ' 14011(b)) The
responsible official should assist the victim in requesting the followup
testing and counseling when appropriate.
h. Closed-Circuit Televising of Court Proceedings in Cases Involving a Change of

Venue. If the court changes the trial venue out of the State in which the case
was initially brought to a location that is more than 350 miles from the location
in which the proceedings originally would have taken place, the court shall
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order closed-circuit televising of the proceedings to the original location to

permit victims who qualify under the statute to watch the trial proceedings. (42
U.S.C. ' 10608) In any relevant case, the responsible official should, using
VNS where appropriate, inform victims of the provision and, if requested by the
victims, bring it to the court's attention and facilitate its implementation. In
cases in which there has been no change of venue but the prosecution is
occurring far from where most victims reside, prosecutors should consider
moving for closed-circuit transmission of the proceedings to a forum that is
more convenient for the victims.
i. Programs for Department Employees Who Are Victims of Crime. The

responsible official should ensure that Department employees who are victims
of crime have access to an Employee Assistance Program.
3. Sentencing Proceedings and Victim Impact Statements
a. Victim Impact Statement
(1) When a defendant is convicted, a responsible official should inform

victims—
(a) That the U.S. probation officer is required to prepare a

presentence investigation report that includes a section assessing
the financial, social, psychological, and medical impact of the
crime on any individual against whom the offense was
committed. (Fed. R. Crim. P. 32(d)(2)(B)) This section is called
the “Victim Impact Statement,” and it includes a provision on
restitution.
(b) About how to communicate directly with the probation officer if

they so desire.
(2) A responsible official should inform the probation officer about

information in the Government’s possession relevant to the topics
addressed in the victim impact statement so that the presentence report
will fully reflect the effects of the crime on victims as well as the
appropriate amount of restitution, if any.
(3) The responsible official shall transmit the victim impact statement for an
offender to the responsible official in the corrections stage.
b. Sentencing
(1) Interests of Victims. Federal prosecutors should advocate for the

interests of victims, including child victims, at the time of sentencing,
including in the setting of conditions for supervised release (or parole,
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where applicable) in a manner that is consistent with available resources

and prosecutorial objectives.
(2) The Right of Victims To Be Reasonably Heard. If a victim (or a lawful

representative appearing on behalf of the victim) is present and wants to
make a statement at the sentencing of the convicted offender, the
prosecutor should advocate for the victim’s right to make a statement or
present information in relation to the offender’s sentence.
(3) Death Penalty Cases. If the Government decides to seek the death
penalty, it must file notice with the court of its intention to do so. The
notice sets forth the aggravating factors that the Government proposes to
prove as justifying a death sentence. The factors for which notice is
provided “may include factors concerning the effect of the offense on
the victim and the victim’s family, and may include oral testimony, a
victim impact statement that identifies the victim of the offense, the
extent and scope of the injury and loss suffered by the victim and the
victim’s family, and any other relevant information.” (18 U.S.C. '
3593(a))
(a) If the Government files the proper notice, the responsible official
should notify the victim and appropriate family members of their
potential opportunity to address the court during the aggravation
portion of the sentencing hearing and of the date, time, and place
of the scheduled hearing.
C. Corrections Stage
1. Responsible Officials. For cases in which the U.S. Marshals Service is the custodial
agency, housing Federal pretrial detainees (at the same time the offender is being
concurrently prosecuted by the U.S. Attorney’s Office), the responsible official is the
U.S. Attorney in whose district the prosecution is pending. For cases in which BOP has
become involved, the responsible official is the Director or Warden of the BOP facility
where the defendant is incarcerated. In proceedings relating to the revocation of parole
or the revocation of supervised release in the District of Columbia, the responsible
official is the Chairman of the U.S. Parole Commission.

2. Services to Victims
a. Notice
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(1) Custodial Release Eligibility Information. A responsible official of the

custodial agency shall provide the victim with general information
regarding the corrections process, including information about work
release, furlough, probation, and eligibility for each. (42 U.S.C.
' 10607(c)(8))
(2) Custodial Release Notification
(a) As soon after trial as reasonably feasible, the responsible official

shall provide a victim with notice (through VNS, where
appropriate) of the—
(i) Date on which an offender will be eligible for parole and

the scheduling of a release hearing, if any, for the
offender. (42 U.S.C. '' 10607(c)(3)(G) and (c)(5)(A))
(ii) Escape, work release, furlough, or any other form of

release of the offender from custody.
(42 U.S.C. ' 10607(c)(5)(B))
(iii) Death of the offender, if the offender dies while in

custody. (42 U.S.C. ' 10607(c)(5)(C))
(b) When the victim is an inmate, the responsible official may take
into consideration, in determining when notice is provided, the
security of the offender inmate. (18 U.S.C. ' 3771(c)(3)) If there
is a serious security risk in informing an inmate victim of an
offender’s status, the corrections agency may time the notice to
minimize that risk, even if the notification takes place after the
event. This determination should be made on a case-by-case
basis and should not be interpreted to prevent an inmate victim
from providing written input in any parole proceeding. The
notice requirement in this guideline applies even in cases in
which a Department of Justice component is holding a defendant
(such as a deportable alien) after time served.
(3) Notice Relating to the Revocation of Parole
(a) When a proceeding relating to the revocation of parole is

scheduled due to the offender’s violation of the conditions of his
parole (including the commission of a new crime), the
responsible official shall (in cooperation with BOP, when
appropriate) notify the victims of the crime for which parole or
supervised release was imposed of the date and time of the
revocation proceeding.
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(b) The responsible official should also provide victims with the
earliest possible notice of—
(i) The release or detention status of the offender.
(ii) The victims’ rights to be heard at the parole proceeding,

to confer reasonably with the attorney for the
Government in the case, and to be treated with fairness
and respect. (18 U.S.C. ' 3771(a))
(iii) If the offender is found to have violated the conditions

of parole or supervised release, the sentence imposed,
the conditions of release (if applicable), and the
availability of the BOP notification program.
(4) Prisoner Reentry. In anticipation of the offender’s release from custody,

the responsible official shall prepare the following:
(a) Victim impact statement. If the offender is subject to supervised

release in a district other than the district in which the offender
was sentenced, the responsible official shall ensure that the
victim impact statement portion of the presentence investigation
report is transmitted to the U.S. Probation Office in the
supervising district.
(b) Notification. No later than 30 days prior to release of the

offender, the responsible official shall provide a victim with
notice of the date of the offender’s release; the city and State in
which the offender will be released; and, if the offender is
subject to supervised release, the contact information for the
supervising U.S. Probation Office. (Note: This renewed
notification shall not be shared with the offender or his counsel,
except as otherwise required by law.)
b. Separate Waiting Area. During parole hearings, the responsible official should
coordinate with the U.S. Marshals Service, BOP, or other entity responsible for
the relevant facilities to ensure, where possible, that a victim is provided with a
waiting area that is removed from and out of the sight and hearing of the inmate
and the inmate’s witnesses. (42 U.S.C. ' 10607(c)(4))
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c. Programs for Department Employees Who Are Victims of Crime. Responsible

officials should ensure that Department employees have access to an Employee
Assistance Program. To the extent possible, responsible officials should assist
employees with identity changes when they are needed to escape domestic
violence, sexual assault, or stalking.
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ARTICLE V.
RESTITUTION
A. Background
“The principle of restitution is an integral part of virtually every formal system of criminal
justice, of every culture and every time. It holds that, whatever else the sanctioning power of
society does to punish its wrongdoers, it should also ensure that the wrongdoer is required to
the degree possible to restore the victim to his or her prior state of well-being.” S. Rep. No.
104-179, at 12, reprinted in 1996 U.S.C.C.A.N. 924, 925–26 (emphasis added). The
Mandatory Victims Restitution Act of 1996 (MVRA) requires that restitution be imposed in
a wide variety of circumstances and that the terms of payment “shall be the shortest time in
which full payment can reasonably be made.” (18 U.S.C. ' 3572(d)(2) (emphasis added))
Other statutes also authorize the imposition of restitution as part of a criminal sentence.
The Justice for All Act of 2004 provides that victims have the right to “full and timely
restitution.” (18 U.S.C. ' 3771(a)(6)) This provision does not give rise to an independent
basis for seeking or awarding restitution, but it underscores the sense of Congress that
restitution is a critical aspect of criminal justice. Prosecutors, victim-witness coordinators,
investigators, probation officers, clerks of the court, and financial litigation units all share an
important role in ensuring that victims receive full and timely restitution. DOJ employees
working at each stage of a criminal case—investigating, charging, negotiating plea
agreements, advocating for appropriate sentences, and enforcing criminal judgments—must
give careful consideration to the need to provide full restitution to the victims of the offenses
and should work together as authorized by law to ensure that full and timely restitution is
paid. Indeed, the responsibility to pursue restitution does not end when restitution is ordered
but continues until restitution has been paid or the liability to pay restitution terminates.
This article describes some of the mechanisms for recovering full and timely restitution.
Other references, including the Prosecutor’s Guide to Criminal Monetary Penalties, may be
found on USABook Online, Topic: Restitution.
B. Statutory Framework
Restitution, as part of a criminal sentence, can be imposed only as authorized by statute.

Some form of restitution is authorized for virtually every Federal offense that inflicts a
recoverable loss (as described in more detail below) on an identifiable victim. Most of the
procedural guidelines governing the imposition of restitution—be it mandatory or
discretionary—appear at 18 U.S.C. ' 3664.
1. Mandatory Restitution. The MVRA requires courts to impose the full amount of
restitution (without regard to the defendant’s economic circumstances) in most of the
commonly prosecuted Federal offenses, including virtually all Title 18 property
offenses and all crimes of violence. (18 U.S.C. ' 3663A) The only exception to
mandatory restitution is for an offense against property with respect to which the court
makes a finding from facts on the record either that (a) the number of identifiable
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victims is so large that restitution is impracticable or (b) determining complex issues of

fact related to the cause or amount of the victims’ losses would complicate or prolong
the sentencing process to a degree that the need to provide restitution to any victim is
outweighed by the burden on the sentencing process. (18 U.S.C. ' 3663A(c)(3))
In addition to offenses covered by MVRA, restitution is also required in certain cases

involving sexual abuse, child abuse, and domestic violence. (18 U.S.C. '' 2248, 2259,
2264, 2327) Other mandatory provisions apply to failure to pay legal child support
obligations (18 U.S.C. ' 228(d)); peonage, slavery, and human trafficking (18 U.S.C.
' 1593); and the operation of illegal methamphetamine labs and drug labs (21 U.S.C.
'' 853(q), 856(a)).
The procedures for issuing restitution under these sections now match the relevant
procedures for other types of mandatory restitution and restitution under the general
restitution statute. These procedures are set forth in 18 U.S.C. ' 3664.
2. Discretionary Restitution. The general restitution statute, 18 U.S.C. ' 3663, provides
that a court “may order” restitution for any Title 18 offense not covered by the
mandatory restitution provisions of 18 U.S.C. ' 3663A(c). For drug offenses listed
under 21 U.S.C. '' 841, 848(a), 849, 856, 861, and 863, restitution may be ordered as
long as the victim is not a participant.3 Similarly, restitution may be ordered in air
piracy offenses (unless they fall within the mandatory restitution provisions of
18 U.S.C. ' 3663A(c)) and in any criminal case to the extent agreed to by the parties in
a plea agreement. (18 U.S.C. ' 3663(a))
If the sentencing court finds that the complication and prolongation of the sentencing
process involved in ordering restitution outweigh the need to provide restitution to any
victims, the court may decline to do so. (18 U.S.C. ' 3663(a)(1)(B)(ii))
3. Restitution as a Condition of Probation. Restitution may also be ordered as a

discretionary condition of probation and supervised release for any offense, and it is not
limited in such circumstances to the offenses set forth in 18 U.S.C. '' 3663(a) and
3663A(c)(1)(A) (offenses for which an order of full restitution is authorized).
Restitution in this context expires with the term of parole or supervision. (18 U.S.C.
' 3563(b)) Prosecutors should seek imposition of such a condition in appropriate cases.
C. Considerations Affecting the Recovery of Restitution
1. Charging Decisions. When exercising their discretion, prosecutors shall give due
consideration to the need to provide full restitution to the victims of Federal criminal
offenses. This discretion is also governed by the Principles of Federal Prosecution,
3
An order of “community restitution” for certain drug offenses may be imposed in cases in which no
identifiable victim exists. The amount of such community restitution will be based on the amount of the public harm
caused by a defendant in accordance with guidelines promulgated by the U.S. Sentencing Commission. (18 U.S.C.
' 3663(c); U.S.S.G. ' 5E1.1(d))
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which currently are published in the United States Attorney’s Manual at ' 9-27.000.
Even when a Federal offense has clearly been committed for which restitution could be
imposed, other considerations may lead to a decision not to charge an offense. Those
considerations include, but are not limited to, whether there is a substantial Federal
interest, whether the person is subject to effective prosecution in another jurisdiction,
and whether there exists an adequate noncriminal alternative to prosecution.
2. Prejudgment Restraint of Assets. If a decision is made to charge an offense, prosecutors

should consider whether it is appropriate to seek the prior restraint of those assets that
will be subject to the court’s restitution order if the defendant is convicted. An
injunction prior to sentencing, whether voluntary or pursuant to a properly supported
motion, may prevent the dissipation or transfer of assets for the benefit of crime
victims. (See, e.g., 18 U.S.C. ' 1345)
3. Conferring with Victims. Victims have the reasonable right to confer with the attorney
for the Government in the case. (18 U.S.C. ' 3771(a)(5); see also18 U.S.C.
' 3664(d)(1): “[T]he attorney for the Government, after consulting, to the extent
practicable, with all identified victims, shall promptly provide the probation officer
with a listing of the amounts subject to restitution.”))
D. Considerations in Plea Agreements
In all plea discussions, prosecutors must consider “requesting that the defendant provide full
restitution to all victims of all charges contained in the indictment or information, without
regard to the counts to which the defendant actually plead[s].” (Pub. L. No. 104-132 ' 209;
18 U.S.C. ' 3551 note)
1. Mandatory Restitution Offenses. Section 3663A of Title 18 mandates that restitution be

ordered for crimes of violence, for offenses against property under the criminal code
(unless the court makes a special finding described in subsection (c)(3) of that section),
and for offenses described in 18 U.S.C. ' 1365, if an identifiable victim or victims
suffered a physical injury or pecuniary loss. Several other previously enacted statutes
also mandate restitution: 18 U.S.C. '' 2248, 2259, 2264, and 2327. In cases that fall
under these statutes, the court is obligated to impose a restitution order.
2. Nonmandatory Restitution Offenses. Even when restitution is not mandatory, Federal

prosecutors should give careful consideration to seeking full restitution to all victims of
all charges contained in the indictment or information as part of any plea agreement.
3. Both Mandatory and Nonmandatory Restitution Offenses. When an indictment contains

both charges for which restitution is mandatory and charges for which restitution is not
mandatory, prosecutors should give careful consideration to requiring either a plea to a
mandatory restitution charge or an acknowledgment by the defendant in the plea
agreement that a mandatory restitution charge gave rise to the plea agreement. Either
step will trigger the application of the mandatory restitution provisions of 18 U.S.C.
' 3663A. (18 U.S.C. ' 3663A(c)(2))
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4. Application of the Sentencing Guidelines. Prosecutors should be mindful that the

United States Sentencing Guidelines generally require the imposition of restitution
when it is authorized by law, and prosecutors should not enter into agreements on
restitution that would violate the U.S.S.G. (U.S.S.G. ' 5E1.1; USAM ' 9-27.410 [now
published at USAM ' 9-27.400 et seq.]) Moreover, prosecutors should recognize that
anticipatory payment of restitution is a factor to be considered in determining
“acceptance of responsibility.” (U.S.S.G. ' 3E1.1, cmt. n.1(c))
5. Approval of Plea Agreements by Supervisory Attorneys. Supervisory attorneys who

review plea agreements (as required by the “Principles of Federal Prosecution” (USAM
' 9-27.450)) and assistant U.S. Attorneys who draft plea agreements should ensure that
they comply with the law and with these AG Guidelines. The Principles of Federal
Prosecution list the factors that should be considered when determining whether to
enter into a plea agreement. These factors include, among other considerations, the
effect that the plea agreement will have on the victim’s right to restitution. (USAM
'' 9-27.420–430)
6. Other Considerations. In general, plea agreements should require the following:
a. Accounting of Economic Circumstances. A defendant must provide a complete

and accurate accounting of his or her economic circumstances, including the
disposition of any illegally received funds, to both the U.S. probation officer
and the prosecutor.
b. Immediate Enforceability of Criminal Penalties. Any criminal monetary

penalties must be paid immediately and may be enforced immediately
(prosecutors should encourage the defendant to make payment toward his
restitution obligation before the imposition of sentence. (U.S.S.G. ' 3E1.1, cmt.
n.1(c))
c. Prepayment of Special Assessments. In order to reduce the administrative

burden imposed on the United States Attorney’s Office (USAO), the Bureau of
Prisons, and the clerk of the court, statutorily required special assessments
should be paid prior to sentencing.
E. Restitution Procedures
When seeking to have restitution imposed, prosecutors must follow the procedures that are
set forth in 18 U.S.C. ' 3664.
1. Determining the Amount of Restitution
a. List of Amounts Subject to Restitution. An attorney for the Government is

statutorily required to provide promptly to the probation office upon request a
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list of the amounts subject to restitution. Prosecutors should provide such a list,
if appropriate, even when it is not requested.
The statute further requires the attorney for the Government to consult “to the
extent practicable” with all identified victims before providing this list.
(18 U.S.C. ' 3664(d)) Responsible officials should contact victims directly
whenever practicable. In cases in which direct contact is impracticable, such as
cases involving large numbers of victims, responsible officials may publish a
notice in a manner designed to reach as many victims as possible.
b. Verification of Loss. The burden of demonstrating the amount of the loss

sustained by a victim as a result of the offense is on the Government. (18 U.S.C.
' 3664(e)) Because the attorney for the Government bears this burden, the
attorney should work with the investigative agent to try to verify the amount of
loss claimed by each victim. After the required consultation with the victims,
the attorney for the Government may make an independent determination
regarding the amount of the losses that can be proved by a preponderance of the
evidence and that are appropriately attributable to the defendant’s criminal
conduct.
c. Restitution in the Full Amount. In each order of restitution, the court shall order
restitution to each victim in the full amount of each victim’s loss without regard
to the economic circumstances of the defendant. (18 U.S.C. ' 3664(f)(1)(A)) In
other words, even though restitution may not be mandatory, it must be ordered
in full if it is to be ordered at all. Thus, for purposes of discretionary restitution
under ' 3663, the amount of the loss and the defendant’s economic
circumstances may be considered by the court on the issue of whether to award
restitution, but those factors are irrelevant to the amount of restitution ordered.
(18 U.S.C. ' 3663(a)(1)(B)(i))
d. Deferral of Final Determination. If the victim’s or victims’ losses cannot be

determined at least 10 days prior to sentencing, the attorney for the Government
or the probation officer should so inform the court, and a date for final
determination of the losses may be set for up to 90 days after the sentencing.
(18 U.S.C. ' 3664(d)(5))
e. Amended Restitution Orders. Even after a final determination of restitution, a

victim may petition the court for an amended restitution order within 60 days
after discovering additional losses. A showing of good cause for failure to
include such losses in the initial claim is required before such an order can be
granted. (18 U.S.C. ' 3664(d)(5))
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f. Fine as Impairment of Restitution. A fine shall be imposed only to the extent

that it would not impair the defendant’s ability to make restitution to a victim
other than the United States. (18 U.S.C. ' 3572(b))
g. Report of the Probation Officer. After the attorney for the Government gives the
probation officer the list of the amounts subject to restitution, the probation
officer is required to include in the presentence report (or another report if a
presentence report is not prepared) a complete accounting of losses to each
victim, any restitution owed pursuant to a plea agreement, and information
relating to the economic circumstances of each defendant. Each defendant is
required to provide to the probation officer with an affidavit describing his or
her financial resources, including a complete list of all assets owned or
controlled as of the date on which the defendant was arrested, the financial
needs and earning ability of the defendant and the defendant’s dependents, and
such other information as the court may require. (18 U.S.C. ' 3664(d)(3)) If the
number or identity of the victims cannot be ascertained, or other circumstances
make it impracticable for the probation officer to complete the report for the
court, the probation officer will so inform the court. (18 U.S.C. ' 3664(a))
h. Notice to Victims. Probation officers are responsible for notifying all identified
victims of—
(1) The offense(s) of which the defendant was convicted.
(2) The amounts subject to restitution that were submitted to the probation
officer.
(3) The victims’ opportunity to submit information to the probation officer

concerning the amount of their losses.
(4) The scheduled date, time, and place of the sentencing hearing.
(5) The availability of a lien in favor of the victims pursuant to 18 U.S.C.

' 3664(m)(1)(B).
(6) The victims’ opportunity to complete and file with the probation officer
separate affidavits (on a form provided by the probation officer) relating
to the amount of their losses subject to restitution.
The statute permits the prosecutor’s office to coordinate with the

probation office in making such notices, and responsible officials should
assist in providing this notice in whatever way possible. Much of this
information should be provided to the victim through VNS. (18 U.S.C.
' 3664(d)(2))
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i. Additional Documentation. After reviewing the probation officer’s report, the

court may require additional documentation or hear testimony. (18 U.S.C.
' 3664(d)(4)) These proceedings may be done in camera for privacy and are
governed only by Fed. R. Crim. P. 32(i), chapter 227 (sentences), and chapter
232 (miscellaneous sentencing provisions). (18 U.S.C. ' 3664(c))
2. Payment Provisions. The attorney for the Government should advocate immediate
payment of restitution, unless the interests of justice require otherwise. (18 U.S.C.
' 3572(d)(1)) If the court finds that the interests of justice so require, the court may
provide for payment on a date certain or in installments. (18 U.S.C. ' 3572 (d)(1)) If
the court does not require immediate payment, the length of time over which scheduled
payments are made shall be the shortest time in which full payment can reasonably be
made. (18 U.S.C. ' 3572(d)(2)) Except in extraordinary circumstances, prosecutors
should request that the court order a payment schedule that requires a defendant to pay
restitution to the full extent of his or her financial ability. Prosecutors should not agree
to a payment plan that precludes enforcement pursuant to 18 U.S.C. ' 3613.
3. Change in Defendant’s Economic Circumstances. A restitution order must provide that

the defendant notify the court and the Attorney General (through the United States
Attorney=s Office) of any material change in economic circumstances that might affect
his or her ability to pay restitution. (18 U.S.C. ' 3664(k)) This requirement should be in
effect only for as long as the defendant remains liable for payment of restitution.
Victims and the United States may also notify the court of any change in the
defendant’s economic condition. (18 U.S.C. ' 3664(k)) After receiving notice of any
material change in the defendant’s economic circumstances, the U.S. Attorney’s Office
must then notify all of the victims of this change in circumstances and must certify to
the court that the victims have been notified. After receiving this notification, the court
may adjust the repayment schedule sua sponte or on the motion of any party. (18
U.S.C. ' 3664(k))
If an incarcerated defendant who is obligated to pay restitution receives “substantial

resources from any source,” the defendant is required to apply the value of the
resources to any unpaid restitution or fine. (18 U.S.C. ' 3664(n)) During their
incarceration, inmates who are liable for restitution should be encouraged to participate
in programs that enhance their income and financial responsibility.
F. Sentencing
When the court imposes a restitution obligation, the prosecutor should seek to ensure that the
victims are clearly identified and that the amount due as restitution to each victim is clearly
specified. If applicable, the court should also clearly specify joint and several liability and
the order of distribution among victims.
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Additionally, victims have the right “to be reasonably heard at any public proceeding in the
district court involving . . . sentencing” (18 U.S.C. ' 3771(a)(4)), which would include
restitution.
When more than one defendant is liable for restitution, prosecutors should ordinarily seek the
imposition of joint and several liability. (18 U.S.C. ' 3664(h)) However, when the defendant
had only a minimal role in the offense, the defendant has provided exceptional cooperation,
or the administration of the restitution obligation would be more efficient if the extent of a
defendant’s liability is limited, the prosecutor may recommend to the court that liability be
apportioned or limited as long as the net result is that each victim is entitled to receive full
restitution from some combination of the defendants.
In limited circumstances, the court may determine that, even though full restitution is
authorized, the imposition of full restitution is not required because there are too many
victims or unduly complex issues of fact that outweigh the need to provide restitution. This
exception does not apply to crimes of violence. (18 U.S.C. ' 3663A(c)(3)) When this
exception does apply, the prosecutor should nevertheless seek restitution for the benefit of
the victims to the extent practicable.
If payment in full cannot be made at the date of sentencing, prosecutors should still seek to
ensure that payment is made in the shortest time in which full payment can reasonably be
made. (18 U.S.C. ' 3572(d)(2)) Payment plans should not limit the ability of the United
States or the victim to immediately and fully enforce the restitution obligation using all
available remedies authorized by law.
G. Enforcement of Restitution
Pursuant to ' 209 of MVRA, Pub. L. No. 104-132, ' 209 (codified as a note under 18 U.S.C.
' 3551), the Attorney General was directed to issue guidelines to ensure that “orders of
restitution made pursuant to the amendments made by this subtitle [the MVRA] are enforced
to the fullest extent of the law.”
Restitution owed to victims of crimes is a critical part of the criminal judgment. The primary
means to enforce restitution obligations are found in 18 U.S.C. '' 3572, 3612, 3613, 3613A,
3614, 3615, 3664 and 28 U.S.C. '' 3001–3301. In addition, State law may be used to enforce
an order of restitution.
1. Enforcement by the United States. Orders of restitution imposed under MVRA must be
enforced to the fullest extent of the law. Restitution owed to victims of crimes is a
critical part of the criminal judgment. The Financial Litigation Units in the U.S.
Attorneys’ Offices should take all steps possible to help ensure that this money is
collected and that victims of crime are fully compensated for their losses. All
prosecutors and victim-witness coordinators should support the mission of criminal
debt collection. Cooperation and coordination with the Financial Litigation Unit is in
fact part of the performance appraisal of criminal assistant U.S. Attorneys.
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Each U.S. Attorney must develop and maintain a memorandum of understanding or

plan, which shall include a policy for addressing both the imposition and enforcement
of restitution obligations. The Executive Office for United States Attorneys will
provide a suggested model memorandum of understanding. The memorandum of
understanding should address the role of the prosecutors, probation officers, victim-
witness assistance coordinators, Asset Forfeiture Unit, and Financial Litigation Unit.
Each USAO should establish a priority scheme to ensure that the most important and
collectible restitution obligations receive priority attention.
2. Aggressive Efforts To Enforce Restitution. The liability to pay a fine or restitution

issued under MVRA lasts 20 years plus any period of incarceration or until the death of
the defendant. (18 U.S.C. ' 3613(c)) Absent a court-ordered stay on appeal, a defendant
who fails to pay restitution that is due immediately or defaults on a payment plan
should be aggressively pursued for collection of the debt. Under MVRA, criminal
defendants have very limited property that is exempt from seizure. The only property
that is exempt from enforcement is some of the same property that is exempt from an
IRS levy for taxes. (18 U.S.C. ' 3613(a)(1))
3. Filing of Liens. An order of restitution is a lien in favor of the United States on all
property and rights to property of the person fined as if it were liability for unpaid
taxes. (18 U.S.C. ' 3613(c)) To guarantee enforcement to the fullest extent of the law, a
lien should be filed by the United States in all cases in which restitution is ordered to a
non-Federal victim and not immediately paid. For Federal victims, a lien should be
filed in all cases in which restitution is ordered in an amount greater than $500 and not
immediately paid.
4. Notice to Victims of Certain Proceedings. Victims are entitled to notice of

postjudgment public court enforcement proceeding. (18 U.S.C. ' 3771(a)(2)) The right
to notice does not apply to non-court proceedings, such as depositions not conducted
before a judge, nor does the right to notice apply to uncontested motions or orders that
do not require a hearing. (For example, notice is not required for the entry of an
uncontested Garnishment Disposition Order, even if the local practice is that such
orders are only entered when the judge is actually on the bench as opposed to in
chambers). Each U.S. Attorney=s Office should devise a procedure for ensuring that
victims receive proper and timely notice, such as through VNS.
5. Discovery of Assets. Additionally, discovery of the debtor’s assets should be pursued,

to include, but not limited to, the following: reviewing the presentence report for asset
information; requesting a financial statement or completed interrogatories from the
debtor regarding assets and liabilities or, in the case of an incarcerated debtor,
consulting with the assigned case manager regarding assets and liabilities; inquiring
whether any victims have information about the debtor’s assets; requesting asset
information from the prosecutor and case agent; and researching online property-
locator services available to the Financial Litigation Unit.
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6. Further Investigation. In cases in which the U.S. Attorney’s Office has reason to
believe that the debtor may have assets based on the inquiries and research set forth
above or other information, a credit report should be obtained and, where practicable,
the deposition of the defendant or other parties who may have knowledge of the
debtor’s assets should be conducted.
7. Default. If it is discovered that a defendant who has defaulted on payment of restitution

has the ability to pay, a default hearing under 18 U.S.C. ' 3613A, or resentencing
pursuant to 18 U.S.C. ' 3614, should be considered. All enforcement remedies,
including those under the Federal Debt Collection Procedures Act, 28 U.S.C.
'' 3001–3308, should be pursued, including garnishment of the debtor’s wages,
execution of the debtor’s nonexempt property, and filing of a fraudulent transfer action.
A victim may be entitled to notice (see paragraph 4 under this subsection). A victim
may also be entitled to be heard under 18 U.S.C. ' 3771(a)(4) if the public proceeding
is deemed to involve sentencing.
8. Enforcement Proceedings. All enforcement proceedings must be in accordance with the

law and justice. Thus, for example, garnishments should not issue against property that
is clearly exempt under 18 U.S.C. ' 3613. Criminal actions for nonpayment should
only be initiated when the defendant’s failure to pay is willful. Enforcement actions
should not be taken that will make a defendant a public charge or, absent circumstances
approved by the U.S. Attorney, deprive the defendant’s dependents of a residence. (A
debtor is not entitled to use stolen money to provide himself a residence.) Enforcement
actions should make economic and administrative sense. Victims may be entitled to
notice and an opportunity to be heard in accordance with 18 U.S.C. '' 3771(a)(2) and
(a)(4) (also see paragraph 4 and 7 of this subsection).
9. Enforcement for Debtors Who Are Under Supervision by the Probation Office.
Enforced collection remedies should only be used against debtors under the supervision
of the probation office after consultation with that office.
H. Interaction Between Restitution and Asset Forfeiture
Government attorneys prosecuting civil or criminal forfeiture cases should assist crime
victims in obtaining restitution in the following manner. If a defendant has sufficient assets
to pay immediately the restitution order without using property forfeitable to the
Government, the defendant must use those assets (not the forfeitable property) to satisfy the
restitution order. If a defendant does not have sufficient assets to pay immediately the
restitution order without using forfeitable property, however, the Government may use the
procedural provisions of the forfeiture statutes to preserve and recover forfeitable property
and to apply such property toward satisfaction of the restitution order.
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There are essentially three manners in which the United States can use assets seized for
forfeiture to satisfy a defendant’s restitution obligations: petitions for remission, petitions for
restoration, and, in some cases, direct transfers prior to forfeiture.
The first method for compensating victims is through a Petition for Remission. (28 C.F.R.
' 9.1 et seq.) Petitions for Remission are submitted by each individual victim to the
Department of Justice’s Asset Forfeiture and Money Laundering Section (AFMLS). This
option is particularly useful when there are victims of offenses that underlie civil forfeitures
but no companion criminal case and, thus, no order of restitution. It is also useful in cases
that involve only corporate entities.
The second method for compensating victims is through a Petition for Restoration.
Department of Justice Forfeiture Policy Directive 02-1—Guidelines and Procedures for
Restoration of Forfeited Property to Crime Victims via Restitution in Lieu of Remission
allows AFMLS to restore criminally forfeited assets to victims who are named in a judicial
restitution order. The U.S. Attorney=s Office submits the Petition for Restoration on behalf of
victims by certifying that the victims named in the court’s restitution order meet the criteria
for restoration under the policy. This option is particularly useful when multiple victims have
incurred only economic losses, when the interest of third-party claimants must be
determined, or when property would be best liquidated by using asset forfeiture procedures.
The third method for compensating victims is through the termination of forfeiture
proceedings before a final order of forfeiture is entered. At the request of the United States,
the district court may order that funds seized but not finally forfeited to the United States be
paid to the clerk of the court toward the satisfaction of the defendant’s restitution obligation.
This option is particularly useful when the assets seized are liquid and when there are no
third-party claimants.
I. Limitation on Liability
These AG Guidelines are issued in conformance with the statutory requirements of MVRA.
Pursuant to that Act, nothing in '' 2248, 2259, 2264, 2327, 3663, 3663A, or 3664 of Title 18
and arising out of the application of those sections, and therefore nothing in these AG
Guidelines, shall be construed to create a cause of action not otherwise authorized in favor of
any person against the United States or any officer or employee of the United States.
(18 U.S.C. ' 3664(p))
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ARTICLE VI.
GUIDELINES FOR CHILD VICTIMS AND CHILD WITNESSES
These guidelines are intended to guide every Justice Department law enforcement officer,
investigator, prosecutor, victim-witness professional, and staff member in the proper and
appropriate treatment of child victims and witnesses. At all times, Department personnel
should be aware of the trauma child victims and witnesses experience when they are forced
to relive the crime during the investigation and prosecution of a criminal case, particularly
while they are testifying in court. A primary goal of such officials, therefore, shall be to
reduce the trauma to child victims and witnesses caused by their contact with the criminal
justice system. To that end, Department personnel are required to provide child victims with
referrals for services and should provide child witnesses with such referrals.
The basic victims’ rights laws discussed elsewhere in these AG Guidelines apply equally to
child victims. In addition, Congress has enacted laws that specifically address the issues
raised by children’s participation in the criminal justice process. Congress enacted the
Victims of Child Abuse Act of 1990 (VCAA) in response to an alarming increase in reports
of suspected child abuse made each year. To address this nationwide emergency, the 1990
VCAA requires certain professionals to report suspected cases of child abuse under Federal
jurisdiction and amends the United States Criminal Code to ensure protection of children’s
rights in court and throughout the criminal justice system. (18 U.S.C. ' 3509) Article VI of
these AG Guidelines shall serve to ensure full implementation of VCAA by all investigative,
prosecutorial, and correctional components of the Department of Justice. Guidelines dealing
with the reporting of suspected child abuse appear in article III.E.
B. General Guidelines
1. Privacy Protections for Child Victims and Witnesses
a. Confidentiality of Information. Department personnel should scrupulously protect

children’s privacy in accordance with 18 U.S.C. ' 3509(d) and these AG
Guidelines. Department personnel connected with a criminal proceeding involving
a child victim or witness shall keep all documents that disclose the name or any
other information concerning the child in a secure place and shall disclose the
documents only to persons who by reason of their participation in the proceeding
have reason to know the information. (18 U.S.C. ' 3509(d)(1))
b. Filing Under Seal. Any Department employee filing papers in court that disclose
the name of or any other information concerning a child shall file the papers under
seal. (See procedure described in 18 U.S.C. ' 3509(d)(2))
c. Motion To Render Nonphysical Identifying Information Inadmissible. Federal

prosecutors should consider moving in any prosecution under chapter 110 or
section 1466A of Title 18 for an order that the name, address, social security
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number, and other nonphysical identifying information (other than the age or
approximate age) of any minor who is depicted in any child pornography shall not
be admissible and may be redacted from otherwise admissible evidence. (18 U.S.C.
' 2252A(e))
d. Protective Orders. Federal prosecutors should seek protective orders whenever

necessary to protect the privacy of a child. Prosecutors should be aware that “any
person” may seek such an order. (18 U.S.C. ' 3509(d)(3); see also 18 U.S.C.
' 3509(b)(2)(E) (describing protective orders in the context of videotaped
depositions))
e. Sanctions for Violating the Disclosure Rules. A knowing or intentional violation of

the privacy protection accorded children in 18 U.S.C. ' 3509 is a criminal contempt
punishable by not more than one year’s imprisonment, or fine, or both. (18 U.S.C.
' 403)
f. Disclosure to Certain Persons. Title 18 U.S.C. ' 3509 does not prohibit disclosure
of a child’s name or other information about the child to the defendant, the attorney
for the defendant, and others listed in the statute including anyone to whom, in the
opinion of the court, disclosure is necessary to the welfare and well-being of the
child. (18 U.S.C. ' 3509(d)(4))
2. Guardian ad Litem
a. Appointment. To protect the best interests of the child, the court may appoint a
guardian ad litem for a child who was a victim of, or a witness to, a crime involving
abuse or exploitation. (18 U.S.C. ' 3509(h)(1)) Although 18 U.S.C. ' 3509(h) by its
terms applies only to cases in which a child is a victim of or witness to abuse or
exploitation, prosecutors should consider whether moving for the appointment of a
guardian ad litem would be appropriate in any case in which a child is a victim of or
a witness to a crime.
b. Attendance at Proceedings. The court-appointed guardian ad litem may attend all

the depositions, hearings, and trial proceedings in which a child participates, and
make recommendations to the court concerning the welfare of the child. (18 U.S.C.
' 3509(h)(2))
c. Access to Documents. The guardian ad litem may have access to all reports,
evaluations, and records, except attorney’s work product, necessary to effectively
advocate for the child. Because of the grand jury secrecy provisions contained in
Fed. R. Crim. P. 6(e), the extent of a guardian ad litem’s access to grand jury
materials is limited to the access routinely provided to victims and their
representatives. (18 U.S.C. ' 3509(h)(2))
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d. Duties. The guardian ad litem shall marshal and coordinate the delivery of
resources and special services to the child. (18 U.S.C. ' 3509(h)(2))
e. Testimony. The guardian ad litem shall not be compelled to testify in any court
action or proceeding concerning any information or opinion received from the child
in the course of serving as a guardian ad litem. (18 U.S.C. ' 3509(h)(2))
3. Extension of Child Statute of Limitations. The statute of limitations for offenses

involving the sexual or physical abuse of a child under the age of 18 years is extended
for the life of the child. (18 U.S.C. ' 3283)
4. Multidisciplinary Child Abuse Teams
a. Definition and Purpose. A multidisciplinary child abuse team is a professional unit

composed of representatives from health, social service, law enforcement, and legal
service agencies to coordinate the assistance needed to handle cases of child abuse.
(18 U.S.C. ' 3509(a)(7)) The purpose of multidisciplinary teams is to maintain the
credibility and reliability of the child’s testimony as well as to monitor the child’s
safety and well-being throughout the case. The goals of the multidisciplinary team
are (1) to minimize the number of interviews to which the child is subjected to
reduce the risk of suggestibility in the interviewing process, (2) to provide needed
services to the child, and (3) to monitor the child’s safety and well-being.
b. Consultation with Multidisciplinary Child Abuse Teams. A multidisciplinary child

abuse team shall be used when it is feasible to do so. (18 U.S.C. ' 3509(g)(1))
Department personnel should use existing multidisciplinary teams in their local
communities. Law enforcement personnel are encouraged to bring other
professionals onto the teams. Local laws and guidelines concerning the teams may
vary, and Federal personnel should become familiar with the local provisions. If no
multidisciplinary team is in place in a particular community, Department personnel
should develop a team if in their judgment it is feasible to do so.
c. Role of Multidisciplinary Child Abuse Teams. The role of the multidisciplinary

child abuse team shall be to provide services that the members of the team in their
professional roles are capable of providing, including—
(1) Case service coordination and assistance, including the location of

services available from public and private agencies in the community.
(18 U.S.C. ' 3509 (g)(2)(F)) This includes child support services, court
schools for children, and similar services.
(2) Medical diagnoses and evaluation services, including provision or

interpretation of x-rays, laboratory tests, and related services, as needed,
and documentation of findings. (18 U.S.C. ' 3509(g)(2)(A))
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(3) Telephone consultation services in emergencies and in other situations.

(18 U.S.C. ' 3509(g)(2)(B))
(4) Medical evaluations related to abuse or neglect. (18 U.S.C.

' 3509(g)(2)(C))
(5) Psychological and psychiatric diagnoses and evaluation services for the
child, parent or parents, guardian or guardians, or other caregivers, or
any other individual involved in a case with a child victim or witness.
(18 U.S.C. ' 3509(g)(2)(D))
(6) Expert medical, psychological, and related professional testimony.

(18 U.S.C. ' 3509(g)(2)(E))
(7) Training services for judges, litigators, court officers, and others that are
involved in child victim and child witness cases, in handling child
victims and child witnesses. (18 U.S.C. ' 3509(g)(2)(G))
C. Investigation/Forensic Interviewing of Child Victims and Witnesses
Particularly in cases of child abuse, evidence from medical examinations and forensic
interviews of children may provide the only corroboration for a successful prosecution of the
case. Medical examinations provide documentation of the event and injuries, and forensic
interviews gather factual information from a child to determine if the subject was the victim
of a crime or witnessed a crime against another person. The forensic interview should be
appropriate for the age and developmental level of the subject, but it should not be confused
with a therapeutic interview that is conducted for the purpose of designing treatment for and
providing treatment to a child.
1. Referral for Medical Exam. The first investigator responding to a report of child abuse
or sexual abuse shall refer the child victim for an emergency medical examination.
2. Forensic Interviewing Procedures To Reduce Trauma to Children. Whenever possible,

interviews of child victims and witnesses should be conducted by personnel properly
trained in the techniques designed to best elicit truthful information from a child while
minimizing additional trauma to the child.
D. Prosecutions Involving Child Victims and Child Witnesses
1. Closing the Courtroom. When a child testifies, the court may order the exclusion from
the courtroom of all persons, including members of the press, who do not have a direct
interest in the case. Such an order may be made if the court determines, on the record,
that requiring the child to testify in open court would cause substantial psychological
harm to the child or would result in the child’s inability to communicate effectively. An
order to close the courtroom shall be narrowly tailored to serve the Government’s
specific compelling interest. Federal prosecutors should consider consulting an expert
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when evaluating whether testifying in open court may cause a child “substantial
psychological harm.” (18 U.S.C. ' 3509(e))
2. Speedy Trial. In a proceeding in which a child is called to give testimony, the court
may sua sponte or on a motion by the attorney for the Government or a guardian ad
litem designate the case as being of special public importance. Attorneys for the
Government should consider moving the court to make such a designation in any case
involving a child witness for the Government. In cases so designated, the court shall
expedite the proceeding and ensure that it takes precedence over any other. The court
shall ensure a speedy trial to minimize the length of time the child must endure the
stress of involvement with the criminal justice process. When deciding whether to grant
a continuance, the court shall take into consideration the age of the child and the
potential adverse impact the delay may have on the child’s well-being. The court shall
make written findings of fact and conclusions of law when granting a continuance in
cases involving a child. (18 U.S.C. ' 3509(j))
3. Stay of Civil Action. If, at any time that a cause of action for recovery of compensation
for damage or injury to the person of a child exists, a criminal action is pending which
arises out of the same occurrence and in which the child is the victim, the civil action
shall be stayed until the end of all phases of the criminal justice action, and any
mention of the civil action during the criminal justice proceeding is prohibited. A
criminal action is pending until its final adjudication in the trial court. (18 U.S.C. '
3509(k))
4. Competency
a. Presumption. A child is presumed to be competent. (18 U.S.C. ' 3509(c)(2); see

also Fed. R. Evid. 601.)
b. Requirements of Written Motion and Compelling Reasons. The court may

conduct a competency examination of a child witness only upon written motion
and offer of proof of incompetency by a party. To hold an examination, the
court must determine on the record that compelling reasons exist. A child’s age
alone is not a compelling reason. Psychological and psychiatric examinations to
assess the competency of a child witness shall not be ordered without a showing
of compelling need. (18 U.S.C. '' 3509(c)(3), (4), (9))
c. Conduct of the Examination. A competency examination regarding a child

witness shall be conducted out of the sight and hearing of a jury. Only persons
listed in 18 U.S.C. ' 3509(c)(5) are permitted to be present. Direct examination
of the child shall normally be conducted by the court on the basis of questions
submitted by the attorney for the Government and the attorney for the
defendant, including a party appearing pro se. The court may permit an
attorney, but not a party appearing pro se, to examine a child directly on
competency, if the court is satisfied that the child will not suffer emotional
trauma as a result of the examination. Federal prosecutors should consider
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making this request of the court because in many instances questioning by a

familiar person may be less traumatic for the child. Prosecutors should,
however, be aware that defense attorneys likewise may make such a request. (18
U.S.C. '' 3509(c)(7)) Questions asked shall be appropriate to the age and
developmental level of the child, shall not be related to the issues at trial, and
shall focus on determining the child’s ability to understand and to answer
simple questions. (18 U.S.C. § 3509(c)(8))
5. Adult Attendant. A child testifying at or attending a judicial proceeding has the right to
be accompanied by an adult attendant to provide emotional support for the child.
(18 U.S.C. ' 3509(i))
The statute permits the court, at its discretion, to allow the adult attendant to remain in
close physical proximity to or in contact with the child while the child testifies. The
court may allow the adult attendant to hold the child’s hand or allow the child to sit on
the adult attendant’s lap throughout the course of the proceeding. The adult attendant
shall not provide the child with an answer to any question directed to the child during
the course of the child’s testimony or otherwise prompt the child. The image of the
adult attendant, for the time the child is testifying by closed-circuit television or being
deposed, shall be recorded on videotape contemporaneously with the image of the
child. Federal prosecutors should inform children and their guardians of this right and
facilitate its implementation. (18 U.S.C. ' 3509(i))
6. Testimonial Aids. The court may permit a child to use anatomical dolls, puppets,
drawings, mannequins, or any other demonstrative device the court deems appropriate
for the purpose of assisting a child in testifying. (18 U.S.C. ' 3509(l))
Federal prosecutors have a wide variety of demonstrative devices to choose from to

assist children in testifying. Prosecutors should use their sound judgment in deciding
which device to use. Some devices, such as anatomical dolls, should be used only after
training on their proper use and careful consideration of the case law regarding their
use.
7. Alternatives to Live, In-Court Testimony by Child Victims
a. Reasons. A Federal statute permits prosecutors to use live testimony by

closed-circuit television and videotape depositions as alternatives to live,
in-court testimony from child witnesses in cases involving offenses against
children, when the court finds that the child is unable to testify in open court for
any of the following reasons:
(1) The child is unable to testify because of fear.
(2) There is a substantial likelihood, established by expert testimony, that

the child would suffer emotional trauma from testifying.
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(3) The child suffers a mental or other infirmity.
(4) Conduct by defendant or defense counsel causes the child to be unable

to continue testifying.
(18 U.S.C. ' 3509(b)(1)(B)(i) - (iv) and (b)(2)(B)(i)(I) - (IV))
Notwithstanding the foregoing statutory authority, prosecutors should be aware

that constitutional constraints arguably require three criteria to be satisfied
before any alternative to live, in-court testimony can be used:
(1) In-court testimony would traumatize the child witness.
(2) The trauma would result from the presence of the defendant.
(3) The trauma would render the child witness unable to communicate.
See Maryland v. Craig, 497 U.S. 836 (1990); cf. Crawford v. Washington,
541 U.S. 36 (2004). Some Federal appellate courts have held as much. See, e.g.,
United States v. Bordeaux, 400 F.3d 548 (8th Cir. 2005) (reversing a conviction
obtained by way of two-way, closed-circuit testimony from a child victim,
because the district court had failed to find that the child’s “fear of the
defendant was the dominant reason” for her inability to testify in open court).
Prosecutors should therefore consider seeking to establish the presence of these
three factors on the record before relying on alternatives to live, in-court
testimony.
b. Who May Apply. In a proceeding involving an alleged offense against a child,

the following persons may apply to the court for an order for an alternative to
live in-court testimony: the attorney for the Government; the child’s attorney; a
guardian ad litem; and the child’s parent or legal guardian (videotaped
depositions only). (18 U.S.C. ' 3509(b)(1)(A) and (b)(2)(A))
c. Child Victims’ Live Testimony by Two-Way Closed-Circuit Television
(1) Timing. The person seeking the order shall apply for the order at least 5
days before the trial date, unless the court finds on the record that the
need for such an order was not reasonably foreseeable.
(2) Preliminary Findings. The court shall support a ruling on the child’s
inability to testify with findings on the record. In determining whether
the impact on an individual child (of one or more of the factors or
reasons listed in paragraph 7.a. above) is so substantial as to justify an
order allowing testimony by closed-circuit television, the court may
question the child in chambers, or at some other comfortable place other
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than the courtroom, on the record for a reasonable period of time, with
the child attendant, the prosecutor, the child’s attorney, the guardian ad
litem, and the defense counsel present.
(3) Conduct of the Televised Proceeding. If the court orders the taking of
the child’s testimony by closed-circuit television, the attorney for the
Government and the attorney for the defendant (not including a
defendant appearing pro se) shall be present in a room outside the
courtroom with the child and the child shall be subjected to direct and
cross-examination. The only other persons who may be permitted in the
room with the child during the child’s testimony are the child’s attorney
or guardian ad litem; persons necessary to operate the closed-circuit
television equipment; a judicial officer, appointed by the court; and
other persons whose presence is determined by the court to be necessary
to the welfare and well-being of the child, including an adult attendant,
as described in 18 U.S.C. ' 3509(i).
The child’s testimony shall be transmitted by closed-circuit television

into the courtroom for viewing and hearing by the defendant, jury,
judge, and public. The defendant shall be provided with the means of
private, contemporaneous communication with the defendant’s attorney
during the testimony. The closed-circuit television transmission shall
relay the defendant’s image and the voice of the judge into the room in
which the child is testifying. (18 U.S.C. ' 3509(b)(1))
d. Videotape Deposition of Child Victims. A court may issue an order that a

deposition be taken of the child’s testimony and that the deposition be recorded and
preserved on videotape. If at the time of trial the court finds that the child is unable
to testify for the reasons set out above, the court may admit into evidence the
child’s videotaped deposition in lieu of the child’s testifying at the trial. (18 U.S.C.
' 3509(b)(2)(C))
(1) Preliminary Finding. Upon receipt of an application for a videotaped

deposition, the court is required to make a preliminary finding regarding
whether at the time of trial the child is likely to be unable to testify in
open court in the physical presence of the defendant, jury, judge, and
public for any of the reasons listed in 7.a. above. If the court finds that
the child is likely to be unable to testify in open court for any of these
reasons, the court shall order that the child’s deposition be taken and
preserved by videotape.
(2) Conduct of the Deposition. The trial judge shall preside at the videotape
deposition of a child and shall rule on all questions as if at trial. The
only other persons who may be permitted to be present at the proceeding
are the attorney for the Government; the attorney for the defendant; the
child’s attorney or guardian ad litem; persons necessary to operate the
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videotape equipment; the defendant, subject to 18 U.S.C.

' 3509(b)(2)(B)(iv); and, other persons whose presence is determined by
the court to be necessary to the welfare and well-being of the child,
including an adult attendant, as described in 18 U.S.C. ' 3509(i).
(3) Defendant’s Rights. The defendant shall be afforded the rights

applicable to defendants during trial, including the right to an attorney,
the right to be confronted with the witness against the defendant, and the
right to cross-examine the child. (18 U.S.C. ' 3509(b)(2)(B)(iii) and
(iv))
(4) Procedures for Handling and Preserving the Videotape. Procedures for
handling and preserving the child’s videotape deposition are listed in
18 U.S.C. ' 3509 (b)(2)(B)(v) and (b)(2)(F).
(5) Protective Order. In connection with the taking of a videotaped

deposition, the court may enter a protective order to protect the privacy
of the child. (18 U.S.C. ' 3509(b)(2)(E))
8. Victim Impact Statement. The directives concerning victim impact statements

appearing elsewhere in these AG Guidelines apply equally to cases in which children
are victims. (18 U.S.C. ' 3771(a)(4); see supra art. IV.B.3.a)
Responsible officials should obtain and report to the probation officer accurate
information concerning a child’s victimization. Children can prepare victim impact
statements. Child victim impact statements should be in an age-appropriate format that
permits the child to express his or her views concerning the personal consequences of
his or her victimization at a level and in a form of communication commensurate with
his or her age and ability.
To provide the probation officer with the most useful and accurate information
possible, responsible officials should request information from the multidisciplinary
child abuse team and other appropriate sources to determine the impact of the offense
on the child victim and any other children who may have been affected.
9. Sentencing. A Federal prosecutor’s responsibility for advocating the interests of victims

at sentencing includes child victims. (Fed. R. Crim. P. 32; see also supra art. IV.B.3.b)
As with adult victims, at the earliest opportunity and within sufficient time for the
victim to prepare a statement that can be presented at sentencing, the responsible
official should notify the victim by available and reasonable means of the victim’s right
to address the court at sentencing and of the date, time, and place of the scheduled
hearing. If the victim is present and if the victim wants to make a statement at the
sentencing, the prosecutor should advise the court of the right of a victim to be
reasonably heard at the sentencing hearing. (18 U.S.C. ' 3771(a)(4))
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Regardless of whether the victim is present, the right of allocution defined above may
be exercised instead by a parent or legal guardian of the victim who is present at the
sentencing hearing if the victim is below the age of 18 years or is incompetent. If the
victim is deceased or incapacitated, this right of allocution by the victim may be
exercised by one or more family members or relatives designated by the court and
present at the sentencing hearing. (18 U.S.C. ' 3771(e))
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ARTICLE VII.
GUIDELINES FOR VICTIMS OF DOMESTIC VIOLENCE, SEXUAL ASSAULT,
OR STALKING
With the passage of the Violence Against Women Act (VAWA) in 1994, Congress recognized
that victims of domestic violence, sexual assault, or stalking have special needs. VAWA
recognized the devastating consequences that violence has on victims, families, and society as a
whole and acknowledged that these crimes require specialized responses to address unique
barriers that prevent victims from seeking assistance and redress through the justice system.
These guidelines are intended to provide guidance on the special needs of victims of
domestic violence, sexual assault, or stalking. Although the basic victims’ rights laws and
policies discussed elsewhere in these guidelines apply equally to victims of domestic
violence, sexual assault, or stalking, this section focuses on provisions that are of particular
importance for victims of these crimes. These crimes often cause mental and emotional
trauma as well as physical injury. It may be more difficult for victims to report these crimes
because of the associated social stigma and because the victims often have an ongoing
relationship with the offender. In addition, these crimes are generally committed for the
purpose of exerting power and control over the victim. These victims are in great danger of
future violence after reporting and during the investigation and prosecution of the case.
Appropriate responses in these cases can save lives, prevent future violence, and promote
victim recovery. For these reasons, Department personnel involved in investigating and
prosecuting cases involving domestic violence, sexual assault, or stalking should make
victim safety a high priority. Although these crimes are commonly referred to as “violence
against women” because the majority of victims are women, these guidelines apply to all
victims, regardless of gender.
1. Victims’ Declination of Services. Victims are not required to accept services and may
choose to decline to receive further services. When victims do so, Department
personnel should determine specifically what information and services the victim wants
to forgo. In addition, Department personnel should ensure that victims are making an
informed decision about the rights and services available to them. (See supra art. II.I.)
2. Privacy Protections for Victims of Domestic Violence, Sexual Assault, or Stalking. As

discussed in article III.G, Department employees should use their best efforts to respect
the privacy and dignity of especially vulnerable victims, including victims of domestic
violence, sexual assault, or stalking. In sexual assault cases, special consideration
should be given to the appropriateness of using two types of evidence:
a. Evidence about a victim’s past sexual behavior or alleged sexual predisposition

is generally inadmissible in court. Prosecutors should be aware of this
evidentiary rule and use it when appropriate. (Fed. R. Evid. 412)
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b. Policy Disfavoring Polygraphs of Sexual Assault Victims. Department

employees should not request that sexual assault victims take a polygraph
except in extraordinary circumstances.
3. Services for Victims of Domestic Violence, Sexual Assault, or Stalking at the

Investigation Stage. In addition to providing the services covered elsewhere in these
AG Guidelines (see supra art. IV.A.3), responsible officials at the investigative stage
should, when appropriate, give particular consideration to providing the following
services to victims of domestic violence, sexual assault, or stalking:
a. Assistance in Developing a Safety Plan. A safety plan is an individualized plan

developed by victims of crime to reduce the threats of harm that they and
members of their family face. Safety plans include strategies to reduce the risk
of physical violence and harm (such as obtaining a protective order) and
strategies to maintain basic human needs, such as housing and income, despite
the disruption caused by the victimization (including relocation, loss of
employment, and physical injury). Victims may require, and responsible
officials should consider providing, assistance in identifying potential risks to
safety and well-being, options for addressing those risks, and the types of
services and support that may be required from the criminal justice system and
providers of community-based victim services.
b. Referrals to and Assistance in Accessing Victim Advocacy and Support

Services in the Community. Victims of domestic violence, sexual assault, or
stalking may need support for an extended period of time. It is therefore highly
advisable to assist victims in accessing ongoing support, advocacy, and legal
services from community-based victim service providers. Responsible officials
should make referrals to and emphasize the benefits of victims making contact
with community-based victim service programs.
c. Assistance in Enrolling in Address-Confidentiality Programs and Taking Other

Safety Measures. Responsible officials should be familiar with any victim
address-confidentiality program that exists in the jurisdiction and the
requirements for enrollment in those programs. Such programs provide an
alternate legal address for the victim and forward correspondence to the victim
confidentially.
4. Services or Victims of Domestic Violence, Sexual Assault, or Stalking at the

Prosecution Stage. A prosecuting official’s responsibilities include providing victims of
any crime with certain information and notices, referrals to services, and consultation
with the Government attorney. In cases involving victims of domestic violence, sexual
assault, or stalking, Department personnel should refer with special care to these AG
Guidelines. (See supra art. III.G (Victim Privacy); IV.B.2.d (Separate Waiting Area);
IV.B.2.g. (Limited Testing of Defendants in Sexual Assault Cases); and IV.A.3.a(1)(g)
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(Right to Make a Statement About Pretrial Release in an Interstate Domestic Violence,

Stalking, or Violation of a Protective Order Case))
5. Services for Victims of Domestic Violence, Sexual Assault, or Stalking at the

Corrections Stage. In cases involving victims of domestic violence, sexual assault, or
stalking, Department personnel should refer with special attention to article
IV.C.2.a.(2) (Custodial Release Notification).
6. Mandatory Restitution for Victims of Sexual Abuse or Domestic Violence. The

Violence Against Women Act of 1994 requires courts to order full restitution in cases
of sexual abuse (18 U.S.C. ' 2248) and domestic violence (18 U.S.C. ' 2264). In cases
of domestic violence and sexual assault, Department personnel should consider the
following when implementing restitution procedures:
a. In order to protect the confidentiality of the victim’s location, and to increase

the likelihood of locating victims after an extended period of time, victims
should be encouraged to provide an alternate contact, such as a family member,
through whom they could be contacted in the event that restitution is ultimately
collected.
b. Because the victim and offender may own shared property, care should be taken
to ensure that seizure of property from an offender for payment of restitution or
fines does not impair the property rights of the crime victim.
7. Immigration Relief for Victims of Domestic Violence, Sexual Assault, or Stalking.

Certain aliens who are victims of domestic violence, sexual assault, or stalking may be
eligible for special immigration relief that would permit them to gain legal residence in
the United States. Immigrant victims should be encouraged to consult with a qualified
immigration law practitioner for advice concerning the full range of benefits for which
they may be eligible.
a. VAWA Self-Petitioning. The immigration provisions of the Violence Against

Women Act allow certain battered immigrants to file for immigration relief
without their abusers’ assistance or knowledge. This relief is available only for
the spouses and children of U.S. citizens or aliens lawfully admitted for
permanent residence. (8 U.S.C. ' 1154)
b. S–5 Visa. An S–5 visa may be granted when the applicant has reliable
information about an important aspect of a crime or the pending commission of
a crime, is willing to share the information with law enforcement officials or to
testify in court, and the applicant’s presence in the United States is necessary to
the successful investigation or prosecution of a case. (8 U.S.C.
' 1101(a)(15)(S))
c. U Visa. U visas may be available to aliens who have suffered substantial

physical or mental abuse as a result of being the victims of certain crimes
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designated by the Violence Against Women Act of 2000—including rape,

domestic violence, trafficking, sexual assault, abusive sexual contact, and
sexual exploitation—that violate Federal, State, or local laws and have occurred
while in the United States (including in Indian Country and on military
installations) or its territories or possessions. To be eligible for a U visa, the
victim must possess information concerning the crime, and the U visa petition
must include a certification from a Government official (as listed in the statute)
stating that the victim is helping, has helped, or is likely to be helpful in the
investigation or prosecution of the crime. Recipients of U visas are eligible for
employment authorization and may, after 3 years, adjust their status to that of a
lawful permanent resident in accordance with Federal law and regulations. In
appropriate circumstances, these visas may be available to family members of
the victim. (8 U.S.C. '' 1101(a)(15)(U), 1184(p), 1255(l))
d. T Visa. An immigrant victim of domestic violence, sexual assault, or stalking

may also be a victim of a severe form of trafficking in persons. If so, he or she
may be eligible for a T visa. (8 U.S.C. ' 1101(a)(15)(T))
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ARTICLE VIII.
GUIDELINES FOR VICTIMS OF TERRORISM AND OTHER MASS CASUALTIES
Some violent crimes may involve large numbers of victims who suffer physical injury, death, or
extreme psychological injury. Terrorism involves extreme factors that exacerbate the impact on
victims and challenge the ability of Department employees to meet victim assistance
requirements and the complex needs of the victims. Responding to victims may be made more
challenging due to the magnitude of the event, numbers of victims, where they reside, and where
the crime occurred. Acts of terrorism affecting U.S. citizens overseas are investigated by the FBI
and sometimes indicted by the Justice Department. If the crime occurs in another country, that
country may arrest and prosecute those responsible. Investigations and prosecutions of terrorism
crimes by other countries present difficult challenges for victims and the Justice Department
officials who are responsible for providing services to these victims. Some FBI and Justice
Department investigations may be pending for years and even decades, thus providing
challenges for the component responsible for maintaining contact with victims and keeping them
informed.
In addition to terrorism, other types of crime may involve large numbers of victims. Some of
these crimes include aviation disasters and toxic spills caused by deliberate actions.
The term “mass violence” is not statutorily defined. For purposes of these AG Guidelines, “mass
violence” means an intentional violent criminal act that results in physical, emotional, or
psychological injury to so large a number of victims as to significantly increase the burden of
victim assistance and compensation for the responding jurisdiction.
This article is intended to guide responsible officials and other Department employees,
including investigators, prosecutors, and victim assistance personnel, in meeting the demands
of assisting victims of crimes involving terrorism, mass violence, or large-scale casualties.
B. Identification of Victims
Responsible officials shall determine who has suffered direct harm as a result of an act of
terrorism or other form of mass violence. Determining who has suffered direct victimization
as a result of terrorism or other crime of mass violence involving hundreds or thousands of
individuals may be a difficult process. In some situations, it may be necessary for FBI agents
and victim specialists to conduct a joint victim identification and intake process with
organizations such as the Red Cross or local responding agencies. Accurate and timely
identification of victims and development of contact information for surviving victims and
family members of deceased victims may be complicated when nongovernmental relief
agencies are the first to develop victim lists. Some relief organizations have taken the
position that they are prohibited from sharing victim information with Government agencies.
It may become necessary to subpoena victim names and contact information in such cases,
but responsible officials should avoid taking such an adversarial approach if victim
information can be obtained in a timely manner by other means. Responsible officials should
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consider using any of the various means of identifying victims that are surveyed with respect
to crimes involving large numbers of victims. (See supra art.II.G.1.) In cases involving
terrorism or mass violence in a foreign country, the State Department should be consulted on
its role in identifying and contacting victims.
In the event of a chemical or biological incident affecting large numbers of victims,

Department personnel should coordinate with the Centers for Disease Control and Prevention
and other responsible agencies to identify victims. The provision of information and
assistance to victims as required by Federal law and these AG Guidelines may then be
handled as it would be in response to other crimes involving large numbers of victims.
C. Provision of Services
The component of the Justice Department with responsibility for investigating the crime shall
begin the process of providing information and assistance to victims at the earliest
practicable opportunity.
Families of victims may be asked to identify the legal next-of-kin or provide a single point-
of-contact for purposes of receiving information, personal effects, or benefits. Nevertheless,
given the mobility and complexity of families, responsible officials should consider defining
broadly which family members are entitled to receive information relating to a pending
investigation.
Mechanisms utilized to provide information and assistance should be designed to ensure

equality of treatment and to promote access by the largest number of victims. Among the
matters to be considered in cases involving large numbers of victims or geographically
dispersed victims are the following:
1. Notifications. Various means of providing information to victims may be appropriate in

cases involving terrorism and mass casualties. They include the following:
a. Toll-free hotlines. Toll-free lines may be established to handle multiple cases or

individual cases. They may be set up on a statewide, nationwide, or
international basis. These hotlines should be updated regularly in order to
maintain credibility with victims.
b. Case-Specific Web Pages. Case-specific Web pages have the benefits of being
cost efficient, maintainable over a long period of time, and unintrusive because
use by victims is self-initiated. They may be used to post information as diverse
as trial transcripts and information on attending the trial and coping with the
emotional impact of the trial.
c. Closed-Circuit Broadcast of Trial Proceedings. 42 U.S.C. ' 10608 requires that

victims have access to closed-circuit television (CCTV) viewing of trial
proceedings when a change of venue is granted and a trial is moved out of state
and more than 350 miles from the location in which the proceeding would
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originally have been brought. The law does not address the situation in which
the location of the crime and the prosecution is not in the vicinity where most or
all of the victims reside or circumstances involving victims who live in many
different States or countries. Whenever feasible, prosecutors should encourage
the trial court to cooperate in making trial proceedings accessible to the greatest
number of victims.
d. Informational Briefings. Not all case information is appropriately

communicated to victims through writing, especially when victims or surviving
family members have been extremely traumatized by the impact of the crime or
the information provided is of an extremely personal or sensitive nature.
Personal contact and communication can serve a number of important purposes,
including building better relationships between victims and Government
officials, ensuring that victims have an opportunity to ask questions about
complex issues, allowing multiple victims to hear the same information at the
same time, and providing an opportunity for victims of the same crime to share
their experiences. Briefings can be held in person or via telephone bridge calls,
video conferencing, or Internet Web casting.
2. Direct Assistance. Victims of terrorism or mass violence may receive assistance with
travel to and lodging near criminal justice proceedings, support for crisis and mental
health counseling, access to “safe havens” or separate and secure designated areas near
a courthouse or CCTV site for viewing a trial. In addition, the Department makes
funding available for victim compensation and assistance programs in each State and
territory. These programs complement Federal efforts and victims should be referred to
them for assistance in matters beyond the scope of the Federal Government.
3. Autopsies of Overseas Terrorism Victims. The Department has both investigative and
humanitarian interests in having access to critical forensic evidence in terrorism cases,
including the remains of U.S. citizen victims. The FBI exercises lead agency
responsibility in terrorism cases under U.S. jurisdiction. Under optimal circumstances,
recovery and processing of victim remains should be integrated into the investigation
by the FBI. FBI officials should consult with families of victims on the issue of an
autopsy and provide an explanation of the process, how remains will be returned to
them, and how they can receive information about autopsy findings. FBI officials
should give due consideration to religious and cultural concerns expressed by the
family and try to accommodate their wishes to the extent possible. The FBI should
coordinate the return of remains, personal effects, and death certificates to family
members following any autopsy that it orders.
4. Return of Personal Effects. A mass-casualty crime may require that Department

personnel review all personal effects collected from the victims and their immediate
vicinity. Sensitivity should be used in preparing and presenting personal effects to the
victims’ families. Department personnel should return personal effects to the legal
next-of-kin or another individual who is legally authorized to receive the items.
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Ensuring that surviving victims and family members receive personal effects and other
property belonging to victims may be complicated by several factors: (1) the volume of
personal effects retained for evidence or forensic testing, (2) the length of time items
may need to be held, and (3) the condition of personal effects recovered after crimes
involving high-impact weapons. Responsible officials should consider establishing
operations, if authorized and funded by Congress, for processing personal effects or
contracting with private companies that specialize in decontamination, cleaning, and
restoration of personal effects.
5. Prosecutions in Foreign Countries. When arrests and prosecutions occur in other

countries, the responsible official should attempt to facilitate the provision of
information about those proceedings to victims (through VNS, if appropriate),
including notification of key events and proceedings, information on the criminal
justice system in that country, and summaries or updates on trial proceedings,
sentencing, and any subsequent appeals. These efforts should involve coordination with
the FBI Legal Attaché Office or U.S. Embassy or Consulate officials in the relevant
country.
6. Transition of Victim Responsibilities Between Responsible Officials. Once a case

reaches the prosecution phase following an indictment, the size of the victim population
may necessitate joint efforts by victim assistance personnel from both the investigative
and prosecutorial components. Responsible officials should ensure a smooth transition
of responsibilities.
D. Multijurisdictional Response to Domestic Terrorism and Mass Violence Victims
A mass-casualty crime occurring within the United States will necessitate a multilevel
response by local, State, and Federal agencies and nongovernmental organizations. The
National Response Plan designates the FBI as the lead agency for crisis management and the
Federal Emergency Management Agency (FEMA) in the Department of Homeland Security
(DHS) as the lead agency for consequence management when the President has declared a
major disaster. Federal victim assistance personnel at the national and local levels should
maintain effective relationships with State and local agencies and organizations, including
State victim compensation and assistance programs, to ensure that the Department can
discharge victim identification, notification, and assistance requirements and support the
community response. Victim assistance should be built into local planning efforts and the
roles and responsibilities of individual agencies included in planning and exercises.
Victim assistance personnel should also coordinate with the Center for Mental Health
Services in the Department of Health and Human Services in arranging the delivery of
appropriate mental health services to victims in the aftermath of terrorism or mass violence.
E. Criminal Aviation Disasters
The Aviation Disaster Family Assistance Act of 1996 (ADFAA) includes specific
requirements for providing assistance, information, and support to families of victims.
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ADFAA applies to ground casualties as well as passengers and crew on board the aircraft.
The National Transportation Safety Board (NTSB) is responsible for coordinating family
assistance and ensuring that ADFAA is enforced, unless the cause of the disaster is suspected
or known to be criminal. If so, the responsibility transfers to the FBI along with the lead for
investigating the disaster.
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ARTICLE IX.
GUIDELINES FOR VICTIMS OF HUMAN TRAFFICKING
Trafficking victims are particularly vulnerable because of the circumstances of their

victimization and require extra assistance to ensure that they are cared for and provided with
essential services after rescue. Many of these victims are children, many do not speak
English, and many are not in the United States legally. Therefore, although trafficking
victims possess all the rights and access to benefits that other victims possess, they have
also been granted additional rights and benefits under the Trafficking Victims Protection
Act (TVPA) and the Trafficking Victims Protection Reauthorization Act (TVPRA) of 2003
(codified at 22 U.S.C. ' 7101 et seq.) and regulations pursuant thereto. This section
describes those rights and benefits and directs the responsible official to ensure that
trafficking victims are aware of and are provided with them.
1. Responsible Officials. With the following exceptions, the responsible officials are those
officials designated in article IV of these AG Guidelines.
a. Investigation Stage. In the investigation stage, the FBI shall take reasonable
steps to ensure that victims are provided with their rights as described in this
section immediately upon notification that potential trafficking victims have
been located. If the FBI is not the initial investigative agency to encounter a
potential victim, the responsible official at the U.S. Attorney=s Office or Civil
Rights Division shall take steps to ensure that the rights of the potential victim
are enforced.
b. Coordination with Other Agencies During Both Investigation and Prosecution

Stages. In both the investigation and prosecution stages, the responsible
officials should coordinate with officials from other departments—particularly
the Department of Homeland Security and the Department of Health and
Human Services—to enforce the rights of victims of severe forms of
trafficking.
2. Identification of Victims. In identifying victims at the earliest stage of an investigation

(42 U.S.C. ' 10607(b)(1)), the responsible official should determine whether a potential
victim meets the definition of a victim of a severe form of trafficking, which involves—
a. Sex Trafficking. Recruiting, harboring, transporting, providing, or obtaining a

person for the purpose of a commercial sex act in which a commercial sex act
is induced by force, fraud, or coercion, or in which the person induced to
perform such act has not attained 18 years of age; or
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b. Forced Labor. Recruiting, harboring, transporting, providing, or obtaining a

person for labor or services through the use of force, fraud, or coercion for the
purpose of subjection to involuntary servitude, peonage, debt bondage, or
slavery.
(22 U.S.C. ' 7105(b)(1)(C))
C. Provision of Special Services for Victims of Human Trafficking
1. Generally. Victims of severe forms of trafficking are eligible for special services
discussed in this article of these AG Guidelines. The services are available without
regard to whether an indictment is eventually filed or whether any indictment that is
filed includes TVPA charges. U.S. citizen victims may not be eligible for these services
because of their citizenship status, which entitles them to other programs not available
to alien victims.
2. Detention
a. To the extent practicable and allowed by law, victims of severe forms of

trafficking should not be formally detained. (28 C.F.R. ' 1100.31(b))
b. If detention is necessary, such victims should not be detained in facilities

inappropriate to their status as crime victims (unless they are themselves
charged with a crime). (22 U.S.C. ' 7105(c) and 28 C.F.R. ' 1100.31(b))
d. Where appropriate and practicable, such victims should be housed separately

from areas in which criminals are detained. (28 C.F.R. ' 1100.31(b))
e. To the extent practicable, trafficking victims in Federal custody shall—
(1) Receive necessary medical care, mental health assessment and

treatment, and other assistance. (22 U.S.C. ' 7105(c)(1)(B) and
28 C.F.R. ' 1100.31(c))
(2) If their safety is at stake or if there is danger of additional harm, be

provided protection including—
(a) Measures to protect them and their family members from

intimidation, threats of reprisals, and reprisals from traffickers
and their associates. (22 U.S.C. ' 7105(c) (1)(C)(i) and
28 C.F.R. ' 1100.31(d))
(b) Affirmative steps to ensure that the victims’ names and

identifying information are not disclosed to the public.
(22 U.S.C. ' 7105(c)(1)(C)(ii) and 28 C.F.R. ' 1100.31(d))
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3. Information. Responsible officials shall provide victims with information about their
rights and applicable services, including the following:
a. Legal Services. Pro bono and low-cost legal services, including immigration
services.
b. Federal and State Benefits and Services. The types of services and benefits
available to trafficking victims are contingent upon whether a victim has been
subjected to an act that satisfies the TVPA definition of a severe form of trafficking,
the victim’s immigration status, and the victim’s willingness to assist law
enforcement. Victims who are minors and who have received benefits-eligibility
letters and adult victims who have certification from the Department of Health and
Human Services (HHS) are eligible for assistance that is administered or funded by
Federal agencies to the same extent as refugees. Others may be eligible for more
limited benefits. In addition, minor dependent children of victims of a severe form
of trafficking are also eligible for services.
c. Victim Service Organizations and Assistance Programs. Relevant organizations

may include domestic violence shelters and rape crisis centers. In addition, OVC
funds programs that provide specialized and comprehensive services to individuals
who have been identified by Federal law enforcement officials as victims of a
severe form of trafficking but have not yet been certified by HHS as described
above. (A detailed list of OVC-funded programs to help victims of trafficking in
persons is available at http://www.ojp.usdoj.gov/ovc/help/traffickingmatrix.htm).
d. Protections available, especially against threats and intimidation, and remedies

available as appropriate for the victim’s circumstances.
e. Rights of individual privacy and confidentiality issues.
f. Victim compensation and assistance programs.
g. Immigration benefits and programs.
h. Restitution.
i. Notification of case status.
j. Availability of medical services.
(28 C.F.R. ' 1100.33)
4. Translation and Interpretation Services. Trafficking victims shall have access to

information about their rights and to translation services. The responsible official shall
ensure that trafficking victims have reasonable access to translation services and/or
interpreter services if those victims are not able to communicate in English or are illiterate
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in their own language. (28 C.F.R. ' 1100.33) Interpreters should be thoroughly screened to
ensure that they are not in any way involved in the trafficking or familiar with either the
victims or the traffickers.
5. Immigration Benefits. If a Department employee learns that a victim or witness does not
have legal status in the United States, the employee should determine whether immigration
relief as provided by TVPA or other Federal law is appropriate to ensure the ability of the
victim or witness to remain in the United States. Department personnel should not offer
victims or witnesses legal advice about legal status issues but should refer victims and
witnesses to services that provide referrals to legal counsel. TVPA provides two forms of
immigration relief: (1) continued presence and (2) a T visa. Both forms of relief are
available only to victims of a severe form of trafficking. Continued presence may be sought
only by Federal law enforcement on behalf of potential witnesses, but a T visa may be
sought independently by a victim. If a victim has concluded that he or she would like to
pursue legal status by applying for a T visa, Department personnel should assist in the
application process by providing, in a timely fashion, the supporting documentation that
must come from the Department. As a general matter, types of legal status include—
a. Continued Presence. Aliens who are victims of a severe form of trafficking and
who are potential witnesses are eligible to remain in the United States. If the
responsible official determines that an alien trafficking victim is a potential
witness to a trafficking crime, the responsible official may request that the
Department of Homeland Security permit the continued presence of the victim
for 1 year. Continued presence also provides the victim with employment
authorization. Law enforcement may seek extensions of continued presence
when appropriate. (22 U.S.C. ' 7105(c)(3); 28 C.F.R. ' 1100.35(a))
b. T Nonimmigrant Status
(1) Individuals may apply for a T nonimmigrant visa for themselves if—
(a) They are victims of a severe form of trafficking.
(b) They are in the United States on account of trafficking.
(c) They face extreme hardship involving unusual and severe harm
if they were to be removed from the United States.
(d) They have complied with any reasonable request for assistance
in the investigation or prosecution of the trafficking activities.
(TVPA Section 107(e); 8 C.F.R. ' 214.11)
(2) Recipients of T visas are eligible for employment authorization and

may, after 3 years, adjust their status to that of a lawful permanent
resident in accordance with Federal law and regulations. In appropriate
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circumstances, T visas may be available to members of a victim=s

family.
(3) If warranted, the responsible official should support the application of a

trafficking victim who has complied with any reasonable request for
assistance in the investigation or prosecution by completing an I–914B
form for a T visa.
(4) If a prosecutor determines that supporting a T visa would not be prudent

in any case in which a trafficking victim seeks such a visa, the
prosecutor must provide written justification for that determination to
the U.S. Attorney for the district or, in the alternative, to the Office of
the Assistant Attorney General for Civil Rights.
c. U Visa. U visas may be available to aliens who have suffered substantial

physical or mental abuse as a result of being the victims of certain crimes
designated by the Violence Against Women Act of 2000—including rape,
domestic violence, trafficking, sexual assault, abusive sexual contact, and
sexual exploitation—that violate Federal, State, or local laws and have occurred
while in the United States (including in Indian Country and on military
installations) or its territories or possessions. To be eligible for a U visa, the
victim must possess information concerning the crime, and the U visa petition
must include a certification from a Government official (as listed in the statute)
stating that the victim is helping, has helped, or is likely to be helpful in the
investigation or prosecution of the crime. Recipients of U visas are eligible for
employment authorization and may, after 3 years, adjust their status to that of a
lawful permanent resident in accordance with Federal law and regulations. In
appropriate circumstances, these visas may be available to family members of
the victim. (8 U.S.C. '' 1101(a)(15)(U), 1184(p), 1255(l))
d. Significant Public Benefit Parole or Deferred Action. Witnesses, threatened

family members, and victims for whom there is insufficient evidence to meet
the TVPA victim criteria may be eligible for significant public benefit parole to
enable them to enter or remain in the United States temporarily.
e. The responsible official shall assist alien trafficking victims who want to be
repatriated rather than avail themselves of the immigration benefits provided in
TVPA.
f. S–5 Visa. S–5 visas may be granted when the applicant has reliable information
about an important aspect of a crime or the pending commission of a crime, is
willing to share the information with law enforcement officials or to testify in
court, and the applicant’s presence in the United States is necessary to the
successful investigation or prosecution of a case. (8 U.S.C.
' 1101(a)(15)(S))
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6. Certification of Victims for Assistance
a. HHS Certification. Adult victims are eligible for certification by the Department
of Health and Human Services for benefits equivalent to those that are available
to refugees if the victim has been granted continued presence and is willing to
assist law enforcement or has made a bona fide application for T nonimmigrant
status. Minor victims are not required to have either continued presence or a bona
fide T visa to receive benefits. Instead, they receive services as provided by a
letter of eligibility for benefits. (22 U.S.C. ' 7105(b)(1)(A), (E))
b. The responsible official shall support the certification of a trafficking victim if the
victim has complied with any reasonable request for assistance in the
investigation or prosecution of trafficking activities. If a prosecutor concludes that
such certification is not prudent, the prosecutor must provide written justification
of that determination to the U.S. Attorney for the district or, in the alternative, to
the Office of the Assistant Attorney General for Civil Rights.
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ARTICLE X.
GUIDELINES FOR VICTIMS OF IDENTITY THEFT
This section contains special guidelines for ensuring that victims of identity theft are provided
with the assistance that is appropriate to the unique circumstances of that crime. Responsible
officials should therefore consult the other relevant provisions of these AG Guidelines in
addition to this article when assisting victims of identity theft.
1. Identification of Victims. Individuals do not have to know that their identity was misused
in order to be victims, nor does the victim have to have incurred a financial loss to be
considered a victim. All individuals who have had financial or personal information
compromised in an identity theft crime should be identified, and their names and contact
information should be entered into VNS. The responsible official at the investigative phase
should take a proactive approach to identifying victims, which may include creating and
publicizing a toll-free hotline for citizens concerned that they may have been victimized
and media advertising of a fraud case or investigation with instructions for potential
victims to contact the investigative agency.
2. Description of Services. In general, Department personnel should consider consulting the

Federal Trade Commission’s Web site, www.consumer.gov/idtheft/law_howhelp.html, for
information and guidance on assisting victims of identity theft.
a. Referral. In addition to all other services required under these AG Guidelines, the
responsible official should—
(1) Refer victims to the particularly useful or relevant services specifically

provided for victims of identity theft by other Federal agencies,
including the Federal Trade Commission, as well as by
nongovernmental organizations.
(2) Refer victims to relevant credit reporting services.
(3) Advise victims to file an individual police report.
b. Notification to Victims’ Employers and Creditors. If requested to do so by the

victim, the responsible official should—
(1) Assist in notifying creditors and employer. The responsible official

should assist in contacting a victim’s employer and credit card
companies, mortgagee(s), and other creditors by letter or telephone call
in order to notify them that the victim has been identified as a victim of
an identity-theft crime.
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(2) Inform creditors of the nature and status of the case. The responsible
official should provide creditors with documentation relating to the case
if requested, including appropriate charging sheets, plea agreements, and
judgments.
(3) Notify creditors of availability of restitution. The responsible official

should notify creditors that, if they absolve the victim of unlawfully
incurred debt, they may become entitled to restitution from the
perpetrator. (18 U.S.C. ' 3664(j)(1))
3. Information From Businesses Available to Victims
a. The responsible official at the investigative phase should notify a victim of

identity theft that business entities that have entered into commercial
transactions with a person who has allegedly made unauthorized use of a
means of identification of the victim may be required, at no cost to the victim,
to provide copies of transaction records in their control. (15 U.S.C.
' 1681g(e)(1))
b. In making the notification under paragraph a, the responsible official shall

avoid providing legal advice and shall not be responsible for assisting the
victim in requesting the information and records to which the victim may be
entitled under the law.
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ARTICLE XI.
NONLITIGABILITY
These AG Guidelines provide only internal Department of Justice guidance. They are not
intended to, do not, and may not be relied upon to create any rights, or standards of conduct or
care, substantive or procedural, enforceable at law by any person in any matter civil or criminal.
These AG Guidelines shall not be construed to create, enlarge, or imply any duty or obligation to
any victim, witness, or other person for which the United States or its employees could be held
liable in damages. No limitations are hereby placed on otherwise lawful litigative prerogatives of
the Department of Justice.
75
GOVERNMENT
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IN IBE CIRCUIT COURT OF TIIB 15TH

JUDICIAL CIRCUIT IN AND FOR PALM
BEACH COUNTY, FLORIDA
::Jf2008cA0280 58 XXXXMB AD
E.W.,
Plaintiff,
vs.
~FFREY EPSTEIN,
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Defendant.
COMPLAINT ,-::,
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Plaintiff, E.W., by and through her undersigned counsel, sues ie ~~t,Ll}ffrey
Epstein, and alleges:

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1. This is an action in an amount in excess of $15,000.00, exclusiv¥(mt.e.d •
costs and is within the jurisdictional limits of this Court.

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2. This Complaint is brought under a fictitious name in order to protect the identity
of the Plaintiff because this Complaint makes allegations of sexual assault and child abuse of a
· then minor.
3. At all times material to this cause of action, the Plaintiff, E.W. (hereinafter
referred to as "Plaintiff"), was a resident of Palm Beach County, Florida.
4. At all times material to this cause of action, the Defendant, Jeffiey Epstein, had a
residence located at 358 El Brillo Way, West Palm Beach, Palm Beach County, Florida.
Page I of 12
13
5. Defendant, Je:ffiey Epstein. is currently a citizen of the State of Florida, as he
currently resides in West Palm Beach, Florida at the Palm Beach County Jail and has the
intention to remain in Florida. This is substantiated by the residence that he maintains at 358 El
Brillo Way, West Palm Beach, Florida where he spends the majority of his time, and intentions
to remain at that address permanently are further evidenced by his statements to the Court during
his State Plea colloquy on June 30, 2008, case number 06CF009454AMB, taken before the
Honorable Judge Dale Pucillo, wherein he indicated that after his release from the Palm Beach
County Jail he intends to reside permanently at his home at 358 El Brillo Way, West Palm
Beach, Florida, and he plans to work in West Palm Beach, Florida as well.
6. At all times material to this cause of action, the Defendant, Jeffiey Epstein, was an ·
adult male born in 1953.
7. At all times material, the Defendant, Jeffiey Epstein, owed a duty unto Plaintiff to
treat her in a non-negligent manner and to not commit intentional or tortious or illegal acts
against her.
8. All of the allegations within this Complaint occurred in West Palm Beach.
Florida.
FACTUAL ALLEGATIONS .
9. Upon information and. belief,. the Defendant, Jeffi'ey Epstein, has demonstrated a
sexual preference and obsession for minor girls.
10. The Defendant, Jeffiey Epstein. developed a plan, scheme, and criminal enterprise
that included an elaborate system wherein the then minor Plaintiff was brought to the Defendant,
-----
Page2of12
13
Jeffrey Epstein's residence by the Defendant's employees, recruiters, and assistants. When the
assistants and employees left the then minor Plaintiff and other minor girls alone in a room at the
Defendant's mansion, the Defendant, Jeffrey Epstein, himself would appear, remove his clothing,
and direct the then minor Plaintiff to remove her clothing. He would then perform one or more
lewd, lascivious, and sexual acts, including, but not limited to, masturbation, touching of the then
minor Plaintiffs sexual organs, coercing or forcing the then minor Plaintiff to perform oral sex
on him, using vibrators or sexual toys on the then minor Plaintiff, coercing the then minor
Plaintiff into sexual acts with himself or others, and digitally penetrating the then minor Plaintiff.
He would then pay the Plaintiff for engaging in this sexual activity.
11. The Plaintiff was first brought to the Defendant, Jeffrey Epstein's mansion in
2002 when she was a fourteen-year old in middle school.
12. The then minor Plaintiff was a vulnerable child without adequate parental support
at all times material to this Complaint. The Defendant, Jeffrey Epstein, a wealthy financier with
a lavish home, significant wealth, and a network of assistants and employees, used his resources
and his influence over a vulnerable minor child to engage in a systematic pattern of sexually
exploitive behavior.
13. Beginning in approximately August 2002 and continuing untU approximately
September 2005, the Defendant, Jeffrey Epstein, coerced, induced and/or enticed the
impressionable, vulnerable, and economically deprived then minor Plaintiff to commit various
acts of sexual misconduct. These acts included, but were not limited to, fondling and
-
inappropriate and illegal sexual touching of the then minor Plaintiff, forcing the then minor
Plaintiff into oral sex, sexual . misconduct and masturbation of the Defendant, Jeffiey Epstein, in
Page 3 ofl2
13
the presence of the then minor Plaintiff, handling and fondling of the then minor Plaintiff's
sexual organs for the purpose of masturbation, and encouraging the then minor Plaintiff to
become involved in prostitution; Defendant, Jeffiey Epstein, committed numerous criminal
sexual offenses against .the then minor Plaintiff including1 but not limited to, sexual battery,
solicitation of prostitution, coercing a minor into a life of prostitution, and lewd and lascivious
assaults upon the person of the then minor Plaintiff.
14. In addition to the direct sexual abuse and molestation of the then minor Plaintiff,
Defendant, Jeffrey Epstein, instructed, coerced and otherwise induced the then minor Plaintiff to
bring him numerous other minor children for the purposes of further satisfying his deviant sexual
attraction to minors. Defendant, Jeffrey Epstein, used his money, wealth and power to unduly
and improperly manipulate and influence the then minor Plaintiff to bring him these other minor
girls in exchange for money. This influence led the then minor Plaintiff away from the life of a
middle school aged child and into a delinquent lifestyle.
15. The acts referenced above in paragraphs 10 through 14, committed by Defendant,
Jeffiey Epstein, against the then minor Plaintiff were committed in violation of numerous
criminal State statutes condemning the sexual exploitation of minor childre~ prostitution, sexual
performances by a child, lewd and lascivious assaults, sexual battery, contributing to the
delinquency of a minor and other crimes, specifically including, but not limited to, those criminal
offenses outlined in Chapters 794, 800, 827 and 847 of the Florida Statutes, as well as those
designated in Florida Statutes §796.03, §796.07, §796.045, §796.04, §796.09, §39.01. and
§827.04.
- - --~--~------------- --- --------
Page4of12
13
16. The above-described acts took place in Palm Beach County, Florida at the
residence of the Defendant, Jeffrey Epstein. Any assertions by the Defendant, Jeffrey· Epstein,
that he was unaware of the age of the then minor Plaintiff are belied by bis actions and rendered
irrelevant by the provisions of applicable Florida Statutes concerning the sexual exploitation and
abuse of a minor child. The Defendant, Jeffrey Epstein, at all times material to this cause of
action, knew·and s~ould have known of the Plaintiff's minority.
17. The above-described acts were perpetrated upon the person of the then minor
Plaintiff on numerous occasions.
18. In June 2008. in the Fifteenth Judicial Circuit in Palm Beach County, Florida. the
Defendant, Jeffrey Epstein, entered pleas of "guilty" to various Florida state crimes involving the
solicitation of minors for prostitution and the procurement of minors for the purposes of
. prostitution.
19. As a condition of that plea, and in exchange for the Federal Government not
prosecuting the Defendant, Jeffrey Epstein, for numerous federal offenses. Defendant, Jeffrey
Epstein, additionally entered into an agreement with the Federal Government acknowledging that
E.W. was a victim of his conduct.
20. The Plaintiff is included in the list of victims identified by the Federal
Government as victims of the Defendant, Jeffrey Epstein's illegal conduct The Defendant,
Jeffrey Epstein, is thus estopped by his plea and agreement with the Federal Government from
denying the acts alleged in this Complaint, and must effectively admit liability to the Plaintiff.
Page 5 of 12
13
COUNTI
Sexual Exploitation, Sexual Abuse and/or Sexual Assault of a Minor
21. The Plaintiff repeats and realleges paragraphs 1 through 20 above.
22. Defendant, Jeffrey Epstein, tortiously assaulted Plaintiff sexually on numerous
occasions between approximately August 2002 and approximately September 2005, and further
sexually exploited her and contributed to her delinquency during that time. Defendant's acts
were outrageous, egregious, intentional, unlawful, offensive and harmful.
23. The sexual assaults were in violation of the numerous state statutes described in
p ~ h 15 above, and the assaults and acts of exploitation were committed by Defendant,
Jeffrey Epstein, willfully and maliciously.
24. · As a direct and proximate result of Defendant, Jeffiey Epstein's assaults on the
Plaintiff, the Plaintiff has in the past suffered, and will in the future suffer, physical injury, pain
and suffering, emotional distress, psychological trauma, mental anguish, humiliation,
embarrassment, loss of self-esteem, loss of dignity, invasion of her privacy and other damages
associated with Defendant, Jeffrey Epstein, controlling, manipulating and coercing her into a
perverse and unconventional way of life for a minor. The then minor Plaintiff incurred medical
and psychological expenses and the Plaintiff will in the future suffer ·additional medical and
psychological expenses. The Plaintiff has suffered a loss of income, a loss of the capacity to earn
income in the future, and a loss of the capacity to enjoy life. These injuries are permanent in
nature and the Plaintiff will continue to suffer these losses in the future.
WHEREFORE, the Plaintiff, E.W., demands judgment against the Defendant, Jeffrey
Epstein, for compensatory damages, attomey!s fees, and- such other and further relief as- this ·
--------------- --~----------
Page6 ofl2
13
Court deems just and proper, and hereby demands, trial by jury on all issues triable as of right by
a jury.
COUNTil
Cause of Action Pursuant to .Florida Statute 796.09
25. The Plaintiff adopts and realleges paragraphs 1 through 20 above.
26. The allegations contained herein in Count Il are a separate and distinct legal
remedy.
27. Defendant, Jeffrey Epstein, was a wealthy and powerful man, and Plaintiff was an
economically disadvantaged and impressionable minor.
28. Defendant, Jeffrey Epstein, used his vast wealth and power to coerce Plaintiff into
prostitution and/or coerced her to remain in prostitution.
29. Defendant, Jeffrey Epstein, coerced Plaintiff into prostitution in one or more of
the following ways:
A. Domination of her mind and body through exploitive techniques;
B. Inducement;
C. Promise of greater financial rewards;
D. Exploitation of a condition of developmental disability, cognitive
limitation, affective disorder, and/or substance dependency;
E. Exploitation of human needs for food, shelter or affection;
F. Exploitation of underprivileged and vulnerable economic condition or

sitllation; .
Page 7 ofl2
13
G. Use of a system of recruiting other similarly situated minor girls to further
coerce and induce Plaintiff into the lifestyle of prostitution; and
H. Exploitation through demonstration of abundant wealth and power to
impress a young and vulnerable then minor Plaintiff and to coerce her into prostitution.
30. As a direct and proximate result of the offenses committed by Defendant, Jeffrey
Epstein, against Plaintiff pursuant to Florida Statutes §769.09, the Plaintiff has in the past
suffered, and will in the future suffer, physical injury, pain and suffering, emotional distress,
psychological trauma, mental anguish, humiliation, embarrassment, loss of self-esteem, loss of
dignity, invasion of her privacy and other damages associated with Defendant, Jeflrey Epstein,
controlling, manipulating and coercing her into a perverse and unconventional way of life for a
minor. The then minor Plaintiff incurred medical and psychological expenses and the Plaintiff
will in the future suffer additional medical and psychological expenses. The Plaintiff has
suffered a loss of income, a loss of the capacity to earn income in the future, and a Joss of the
capacity to enjoy life. These injuries are permanent in nature and the Plaintiff will continue to
suffer these losses in the future.
Epstein, for compensatory damages, attorney's fees, and such other and further relief as this
Court deems just and proper, and hereby demands trial by jury on all issues triable as of right by
ajury.
- - - - ~ - - - - - ~ ~ - - -- - - - - - - ~ -
Page 8of 12
13
COUNTm
Intentional Infliction of Emotional Distress
32. The Defendant, Jeffrey Epstein's conduct towards the then minor Plaintiff was
intentional and reckless.
33. The Defendant, Jeffrey Epstein, deliberately and recklessly inflicted mental
suffering upon the then minor Plaintiff.
34. The Defendant, Jeffrey Epstein's conduct was outrageous in character, and so
extreme in degree, going beyond all bounds of decency.
35. The Defendant, Jeffrey Epstein's intentional, deliberate and reckless conduct
caused severe emotional distress to the Plaintiff. Defendant, at the time he committed these
numerous sexual assaults on Plaintiff, had a specific intent to harm the then minor Plaintiff and
his conduct did so harm the Plaintiff.
36. As a direct and proximate result of the Defendant, Jeffrey Epstein's intentional
and reckless conduct, the Plaintiff has in the past suffered and in the future will continue to suffer
physical injmy, pain and suffering, emotional distre~ psychological trauma, mental anguish,
humiliation, embanassment, loss of self-esteem, loss of dignity, invasion of her privacy and other
damages associated with the Defendant, Jeffrey Epstein, controlling, manipulating and coercing
her into a perverse and unconventional way of life for a minor. The then minor Plaintiff incurred
medical and psychological expenses and the Plaintiff will in the future suffer additional medical
and psychological expenses. The Plaintiff has suffered a loss of income, a loss of the capacity to
Page9ofl2
13
earn income in the future, and a loss of the capacity to enjoy life. These injuries are permanent in
nature and the Plaintiff will continue to suffer these losses in the future.
Epstein, for compensatory damages, attorney's fees, and such other and further relief as this Court
deems just and proper, and hereby demands trial by jury on all issues triable as of right by a jury.
COUNTIV
Civil Remedy for Criminal Practices
37. The Plaintiffrealleges paragraphs 1 through 20 above.
38. The allegations contained herein in Count N are a separate and distinct legal·
. remedy.
39. The Defendant, Jeffrey Epstein, participated in an enterprise, or conspired or
endeavored to so participate, through a pattern of criminal activity in violation of Florida Statutes
§772.103(3)-(4).
40. The Defendant, Jeffrey Epstein, participated in this pattern of criminal activity by
engaging in at least two of the following acts of criminal misconduct with the same or similar
intents, results, accomplices, victims, and methods of commission within a five year period:
A. Procuring for prostitution, or causing to be prostituted, any person who is
under the age of 18 years in violation of Florida Statutes Chapter 796;
B. Forcing, compelling, or coercing another to become a prostitute in
violation of Florida Statutes §796.04;
. C.. Act.s.ofbattecy:in.violationofFlorida-StatutesChapter7-84;-
- - - - - - - - - - - ~ ~ - - - ----~-~----~~----------·----·--
Page 10ofl2
13
D. Act of lewdness in violation of Florida Statutes Chapter 800;
E. Sexual performance or exploitation of a child in violation of Florida
Statutes §827.071; and
F. Other crimes involving contributing to the delinquency of a child, sexual
abuse of a child, and coercing a child into prostitution.
41. Under the Defendant. Jeffrey Epstein's plan, scheme, and enterprise. the
Defendant, Jeffrey Epstein, paid employees and underlings to repeatedly find and bring him
minor girls in order for the Defendant to solicit, induce, coerce, entice, compel or force such girls
to engage in acts of prostitution and sexual misconduct.
42. The Plaintiff was the victim of the Defendant, Jeffrey Epstein's plan. scheme, and
enterprise. The Plaintiff was called on the telephone and transported by various individuals to
the Defendant, Jeffiey Epstein's residence, where she was placed in a room along with the
Defendant, enticed to commit acts of prostitution. battery, and sexual exploitation. The
Defendant, Jeffrey Epstein, conspired with his assistants and employees and various adults and .
minor children in order to accomplish his enterprise of seeking out. gaining access to, and
exploiting minor children such as the Plaintiff.
43. After introducing Plaintiff into prostitution. he enticed her to remain in
prostitution and be a part of his deviant sexual lifestyle through exploitive techniques, such as
offering additional money to Plaintiff in exchange for her bringing him additional minor girls to
sexually abuse and commit sexual crimes against.
WHEREFORE, under the provisions of Florida Statutes Chapter 772, the Plaintiff
demands judgment against the Defendant, Jeffi.:ey. Epstein, for compensatory damages, treble
Page 11 ofl2
13
..
damages, costs and attorneys' fees, and such other and further relief as this Court deems just and
proper, and hereby demands trial by jwy on all issues triable as of right by a jwy.
DATED this 10th day of September, 2008.
1llE LAW OFFICE OF BRAD EDWARDS &

ASSOCIATES, LLC
Attorneys for Plaintiff
2028 Harrison Street
Suite202
Hollywood, Florida 33020
Telephone: 954-414-8033
Facsimile: 954-924-1530
Jay Howell, Esquire

Florida Bar #225657
JAY HOWELL & ASSOCIATES, P.A.
Co-Counsel for Plaintiff
644 Cesecy Boulevard
Suite 250
Jacksonville, Florida 32211
Telephone: 904-680-1234
Facsimile: 904-680-1238
By:·~~
Brad Edwards
Florida Bar #542075
Page 12ofl2
13
GOVERNMENT
EXHIBIT
Q
13
•
IN THE CIRCUIT COURT OF THE 15th

JUDICIAL CIRCUIT IN AND FOR PALM
BEACH COUNTY, FLORIDA
CIVIL DIVISION
CASE NO.:
L.M.. ,
Plaintiff, &1•cA02ao,1 xma

vs.
CT) JEFFREY EPSTEIN,

Defendant.
COMPLAINT ~
• . .::-->
~·::· c:, .
Plaintiff, L.M., by and through her undersigned counsel, sues the Okfendan}iJeffrey .
,, ........ .
7 : .. '-0
~?:""'
Epstein, and alleges:
o-·' -u .
1. This is an action in an a~ount in excess of $15,000.00, exclusiy~~6f inte~t and~-.
I .. ••,
costs and is within the jurisdictional limits of this Court.
2. This Complaint is brought under a fictitious name in order to protect the identity
of the· Plaintiff, L.M., because this Complaint makes allegations of sexual assault and child abuse
of a then minor.
3. At all times material to this cause of action, the Plaintiff, L.M. (hereinafter
referred to as "Plaintiff''), was a resident of Palm Beach County, Florida.
4. At all times material to this cause of action, the Defendant, Jeffrey Epstein, had a
residence located at 358 El Brillo Way, West Palm Beach, Palm Beach County, Florida.
·------------~---·--·----·---- . ----·-- ...
Page I of 12
13
,.
5. Defendant, Jeffrey Epstein, is currently a citizen of the State of Florida, as he
currently resides in West Palm Beach, Florida at the Palm Beach County Jail and has the
intention to remain in Florida. This is substantiated by the residence that he maintains at 358 El
Brillo Way, West Palm Beach, Florida where he spends the majority of his time, and intentions
to remain at that address permanently are further evidenced by his statements to the Court during
his State Plea colloquy on June 30, 2008, case number 06CF009454AMB, taken before the
Honorable Judge Dale Pucillo, wherein he indicated that after his release from Palm Beach
County Jail he intends to reside pennanently at his home at 358 El Brillo Way, West Palm
Beach, Florida, and he plans to work in West Palm Beach, Florida as well.
6. At all times material to this cause of action, the Defendant, Jeffrey Epstein, was
an adult male born in 1953.
7. At aJI times material, the Defendant, Jeffrey Epstein, owed a duty unto Plaintiff to
treat her in a non-negligent manner and to not commit intentional or tortious or illegal acts
against her.
8. All of the allegations within this Complaint occurred in West Palm Beach,
Florida.
FACTUAL ALLEGATIONS
9. Upon infonnation and belief, the Defendant, Jeffrey Epstein, has demonstrated a
sexual preference and obsession for minor girls.
10. The Defendant, Jeffrey Epstein, developed a plan, scheme, and criminal enterprise
that included an elaborate system wherein the then minor Plaintiff was brought to the Defendant,
-----------------~ ----··-------··--·----~--------
Page 2 of 12
13
Jeffrey Epstein's residence by the Defendant's employees, recruiters, and assistants. When the
assistants and employees left the then minor Plaintiff and other minor girls alone in a room at the
Defendant's mansion, the Defendant, Jeffrey Epstein, himself would appear, remove his clothing,
and direct the then minor Plaintiff to remove her clothing. He would then perform one or more
lewd, lascivious, and sexual acts, including, but not limited to, masturbation, touching of the then
minor Plaintiff's sexual organs, using vibrators or sexual toys on the then minor Plaintiff,
coercing the then minor Plaintiff into sexual acts with himself, and digitally penetrating the then
minor Plaintiff. He would then pay the Plaintiff for engaging in this sexual activity.
11. The Plaintiff was first brought to the Defendant, Jeffrey Epstein's mansion in
2002 when she was a fourteen-year old in middle school.
12. The Defendant, Jeffrey Epstein, a wealthy financier with a lavish home,
significant wealth, and a network of assistants and employees, used his resources and his
influence over a vulnerable minor child to engage in a systematic pattern of sexually exploitive
behavior.
13. Beginning in approximately July 2002 and continuing until approximately
September 2005, the Defendant, Jeffrey Epstein, coerced and/or enticed the impressionable,
vulnerable, and economically deprived then minor Plaintiff to commit various acts of sexual
misconduct. These acts included, but were not limited to, fondling and inappropriate and illegal
sexual touching of the then minor Plaintiff, sexual misconduct and masturbation of the
Defendant, Jeffrey Epstein, in the presence of the then minor Plaintiff, and encouraging the then
minor Plaintiff to become involved in prostitution; Defendant, Jeffrey Epstein, committed
nwnerous criminal sexual offenses against the then minor Plaintiff including, but not limited to,
-~--~--------~~-
Page 3 of 12
13
sexual battery, solicitation of prostitution, procurement of a minor for the purposes of
prostitution, and lewd and lascivious assaults upon the person of the then minor Plaintiff.
14. In addition to the direct sexual abuse and molestation of the then minor Plaintiff,
Defendant, Jeffrey Epstein, instructed, coerced and otherwise induced the then minor Plaintiff to
bring him numerous other minor children for the purposes of further satisfying his deviant sexual
attraction to minors. Defendant, Jeffrey Epstein, used his money, wealth and power to unduly
and improperly manipulate and influence the then minor Plaintiff to bring him these other minor
girls in exchange for money. This influence led the then minor Plaintiff away from the life of a
middle school aged child and into a delinquent lifestyle.
15. The acts referenced above in paragraphs 10 through 14, committed by Defendant,
Jeffrey Epstein, against the then minor Plaintiff were committed in violation of numerous
criminal State statutes condemning the sexual exploitation of minor children, prostitution, sexual
performances by a child, lewd and lascivious assaults, sexual battery, contributing to the
delinquency of a minor and other crimes, specifically including, but not limited to, those criminal
offenses outlined in Chapters 794, 800, 827 and 847 of the Florida Statutes, as well as those
designated in Florida Statutes §796.03, §796.07, §796.045, §796.04, §796.09, §39.01, and
§827.04.
16. The above-described acts took place in Palm Beach County, Florida at the
residence of the Defendant, Jeffrey Epstein. Any assertions by the Defendant, Jeffrey Epstein,
that he was unaware of the age of the then minor Plaintiff are belied by his actions and rendered
irrelevant by the provisions of applicable Florida Statutes concerning the sexual exploitation and
Page 4 ofl2
13
abuse of a minor child. The Defendant, Jeffrey Epstein, at all times material to this cause of
action, knew and should have known of the Plaintiff's minority.
17. The above-described acts were perpetrated upon the person of the then minor
Plaintiff regularly and on numerous occasions.
18. In June 2008, in the Fifteenth Judicial Circuit in Palm Beach County, Florida, the
Defendant, Jeffrey Epstein, entered pleas of "guilty" to various Florida state crimes involving the
solicitation of minors for prostitution and the procurement of minors for the purposes of
prostitution.
19. As a condition of that plea, and in exchange for the Federal Government not
prosecuting the Defendant, Jeffrey Epstein, for numerous federal offenses, Defendant, Jeffrey
Epstein, additionally entered into an agreement with the Federal Government acknowledging that
L.M. was a victim of his conduct.
20. The Plaintiff is included in the list of victims identified by the Federal
Government as victims of the Defendant, Jeffrey Epstein's illegal conduct. The Defendant,
Jeffrey Epstein, is thus estopped by his plea and agreement with the Federal Government from
denying the acts alleged in this Complaint, and must effectively admit liability to the Plaintiff.
COUNTI
Sexual Exploitation, Sexual Abuse and/or Sexual Assault of a Minor
21. The Plaintiff repeats and realleges paragraphs l through 20 above.
22. Defendant, Jeffrey Epstein, tortiously assaulted Plaintiff sexually on numerous
. occasions between approximately July 2002 and approximately September 2005, and further
Page 5 of 12
13
sexually exploited her and contributed to her delinquency during that time. Defendant's acts
were outrageous, egregious, intentional, unlawful, offensive and harmful.
23. The sexual assaults were in violation of the numerous state statutes described in
paragraph 15 above, and the assaults and acts of exploitation were committed by Defendant,
Jeffrey Epstein, willfully and maliciously.
24. As a direct and proximate result of Defendant, Jeffrey Epstein's assaults on the
Plaintiff, the Plaintiff has in the past suffered, and will in the future suffer, physical injury, pain
and suffering, emotional distress, psychological trauma, mental anguish, humiliation,
embarrassment, loss of self-esteem, loss of dignity, invasion of her privacy and other damages
associated with Defendant, Jeffrey Epstein, controlJing, manipulating and coercing her into a
perverse and unconventional way of l~fe for a: minor. The then minor Plaintiff incurred medical
and psychological expenses and the Plaintiff will in the future suffer additional medical and
psychological expenses. The Plaintiff has suffered a loss of income, a loss of the capacity to
earn income in the future, and a loss of the capacity to enjoy life. These injuries are permanent
in nature and the Plaintiff will continue to suffer these losses in the future.
WHEREFORE, the Plaintiff, L.M., demands judgment against the Defendant, Jeffrey
ajury.
--------~----~------------
Page 6 of 12
13
COUNT II
Cause of Action Pursuant to Florida Statute 796.09
25. The Plaintiff adopts and reaUeges paragraphs 1 through 20 above.
26. The alJegations contained herein in Count II are a separate and distinct legal
remedy.
27. Defendant, Jeffrey Epstein, was a wealthy and powerful man, and Plaintiff was an
economically disadvantaged and impressionable minor.
28. Defendant, Jeffiey Epstein, used his vast wealth and power to coerce Plaintiff into
prostitution and/or coerced her to remain in prostitution.
29. Defendant, Jeffrey Epstein coerced Plaintiff into prostitution in one or more of the
following ways:
A. Domination of her mind and body through exploitive techniques;
B. Inducement;
C. Promise of greater financial rewards;
D. Exploitation of· a ·· condition of developmental disability, cognitive
limitation, affective disorder, and/or substance dependency;
E. Exploitation of human needs for food, shelter or affection;
F. Exploitation of underprivileged and vulnerable economic condition or
situation;
G. Use of a system of recruiting other similarly situated minor girls to further
coerce and induce Plaintiff into the lifestyle of prostitution; and
--- -----------·
Page 7 of 12
13
H. Exploitation through demonstration of abundant wealth and power to
impress a young and vulnerable then minor Plaintiff and to coerce her into prostitution.
30. As a direct and proximate result of the offenses committed by Defendant, Jeffrey
Epstein, against Plaintiff pursuant to Florida Statutes §769.09, the Plaintiff has in the past
suffered, and will in the future suffer, physical injury, pain and suffering, emotional distress,
psychological trauma, mental anguish, humiliation, embarrassment, loss of self-esteem, loss of
dignity, invasion of her privacy and other damages associated with Defendant, Jeffrey Epstein,
controlling, manipulating and coercing her into a perverse and unconventional way of life for a
minor. The then minor Plaintiff incurred medical and psychological expenses and the Plaintiff
will in the future suffer additional medical and psychological expenses. The Plaintiff has
suffered a loss of income, a loss of the capacity to earn income in the future, and a loss of the
capacity to enjoy life. These injuries are permanent in nature and the Plaintiff will continue to
suffer these losses in the future.
WHEREFORE, the Plaintiff, L.M., demands judgment against the Defendant, Jeffiey
Court deems just and proper, and hereby demands trial by jury on all issues friable as of right by
a Jury.
COUNTill
Intentional Infliction of Emotional Distress
Page 8 of 12
13
32. The Defendant, Jeffrey Epstein's conduct towards the then minor Plaintiff was
intentional and reckless.
33. The Defendant, Jeffrey Epstein, deliberately and recklessly inflicted mental
suffering upon the then minor Plaintiff.
34. The Defendant, Jeffrey Epstein's conduct was outrageous in character, and so
extreme in degree, going beyond all bounds of decency.
35. .The Defendant, Jeffrey Epstein's intention~l, deliberate and reckless conduct .
caused severe emotional distress to the Plaintiff. Defendant, at the time he committed these
numerous sexual assaults on Plaintiff, had a specific intent to harm the then minor Plaintiff and
his conduct did so harm the Plaintiff.
36. As a direct and proximate result of the Defendant, Jeffrey Epstein's intentional
and reck1ess conduct, the Plaintiff has in the past suffered and in the future wiJJ continue to suffer
physical injury, pain and suffering, emotional distress, psychological trauma, mental anguish,
humiliation, embarrassment, loss of self~esteem, loss of dignity, invasion of her privacy and
other damages associated with the Defendant, Jeffrey Epstein, controlling, manipulating and
coercing her into a perverse and unconventional way of life for a minor. The then minor Plaintiff
incurred medical and psychological expenses and the Plaintiff will in the future suffer additional
medical and psychological expenses. The Plaintiff has suffered a loss of income, a loss of the
capacity to earn income in the future, and a loss of the capacity to enjoy life. These injuries are
pennanent in nature and the Plaintiff will continue to suffer these losses in the future.
WHEREFORE, the Plaintiff, L.M., demands judgment against the Defendant, Jeffrey
Page 9 of 12
13
a jury.
COUNT IV
Civil Remedy for Criminal Practices
37. The Plaintiffrealleges paragraphs I through 20 above.
38. The allegations contained herein in Count IV are a separate and distinct legal
remedy.
39. The Defendant, Jeffrey Epstein, participated in an enterprise, or conspired or
endeavored to so participate, through a pattern of criminal activity in violation of Florida Statutes
§772.103(3)-(4).
40. The Defendant, Jeffrey Epstein, participated in this pattern of criminal activity by
engaging in at least two of the foJiowing acts of criminal misconduct with the same or similar
intents, results, accomplices, victims, and methods of commission within a five year period:
A. · - Procuring for prostitution, or causing to be prostituted, any person who is
under the age of 18 years in violation of Florida Statutes Chapter 796;
B. Forcing, compelling, or coercing another to become a prostitute in
violation of Florida Statutes §796.04;
C. Acts of battery in violation of Florida Statutes Chapter 784;
D. Act of Lewdness in violation of Florida Statutes Chapter 800;
Page 10 of 12
13
E. Sexual perfonnance or exploitation of a child m violation of Florida
Statutes §827.071; and
F. Other crimes involving contributing to the delinquency of a child, sexual
abuse of a child, and coercing a child into prostitution.
41. Under the Defendant, Jeffrey Epstein's plan, scheme, and enterprise, the
Defendant, Jeffrey Epstein, paid employees and underlings to repeatedly find and bring him
minor girls in order for the Defendant to solicit, induce, coerce, entice, compel or force such girls
to engage in acts of prostitution and sexual misconduct.
42. The Plaintiff was the victim of the Defendant, Jeffrey Epstein's plan, scheme, and
enterprise. The Plaintiff was called on the telephone and transported by various individuals to
the Defendant, Jeffrey Epstein's residence, where she was placed in a room along with the
Defendant, enticed to commit acts of prostitution, battery, and sexual exploitation. The
Defendant, Jeffrey Epstein, conspired with his assistants and employees and various adults and
minor children in order to accomplish his enterprise of seeking out, gaining access to, and
exploiting minor children such as the Plaintiff.
43. After introducing Plaintiff into prostitution, he enticed her to remain in
prostitution and be a part of his deviant sexual lifestyle through exploitive techniques, such as
offering additional money to Plaintiff in exchange for her bringing him additional minor girls to
sexually abuse and commit sexual crimes against.
WHEREFORE, under the provisions of Florida Statutes Chapter 772, the Plaintiff, L.M.,
demands judgment against the Defendant, Jeffrey Epstein, for compensatory damages, treble
Page 11 of12
13
• •
•
\
\
damages, costs and attorneys' fees, and such other and further relief as this Court deems just and
proper, and hereby demands triaJ by jury on all issues triable as of right by a jury.
DATED this 10th day of September, 2008.
TI-IE LAW OFFICE OF BRAD EDWARDS &

ASSOCIATES, LLC
Attorneys for Plaintiff
2028 Harrison Street
Suite 202
Hollywood, Florida 33020
Telephone: 954-414-8033
Facsimile: 954-924-1530
Jay Howell, Esquire

Florida Bar #225657
JAY HOWELL & AS SOCIATES, P.A.
Co-Counsel for Plaintiff
644 Cesery Boulevard
Suite 250
Jacksonville, Florida 32211
Telephone: 904-680-1234
Facsimile: 904-680-1238
By: ~~
Brad Edwards
Florida Bar #542075
- - - - - - - - · - - - - - - ------ ~ - - - - - - - - - - - - - - ~ - ------- -------- ~- - ---- - - - ~ - - ~ - ~ ~-------------- ------
Page 12 of 12
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34
GOVERNMENT
EXHIBIT
T
34
Page 1
THE UNITED STATES DISTRICT COURT
CASE NO. 08-80736-CIV-MARRA
IN RE: JANE DOE,

Plaintiff,
vs.
UNITED STATES OF AMERICA,
Defendant.
__________________________________/
Federal Courthouse
West Palm Beach, Florida
July 11, 2008
10:15 a.m.
The above entitled matter came on for

Emergency Petitioner for Enforcement of Crime Victim
Rights before the Honorable Kenneth A. Marra,
pursuant to Notice, taken before Victoria Aiello,
Court Reporter, pages 1-32.
For the Plaintiff: Bradley Edwards, Esquire
For the Defendant: Dexter Lee, AUSA

Maria Villafana, AUSA
OFFICIAL REPORTING SERVICES, LLC (954) 467-8204

34
Page 2
1 (Call toOrder of the Court).
2 THE COURT: Good morning. Please be seated.
3 This is the case of In Re: Jane Doe, Case
4 Number 08-80736-Civ-Marra. May I have counsel state
5 their appearances, please?
6 MR. LEE: Good morning, Your Honor. May it
7 please the Court, for the United States of America,
8 we have Maria Villafana, Assistant United States
9 Attorney and Dexter Lee, Assistant United States
10 Attorney. And we have seated in the front row FBI
11 Special Agent Becker Kendall and Jason Richards.
12 Thank you, Your Honor.
13 MR. EDWARDS: Good morning, Your Honor. Brad
14 Edwards on behalf of the petitioners. Petitioners
15 are also in the courtroom today. This petition is
16 styled on her behalf.
17 THE COURT: Good morning. All right. We're
18 here on the petitioner's motion to enforce her
19 rights as a victim under 18 USC 3771. I have
20 received the petition, the government's response and
21 the victim's reply, which was filed, I guess, this
22 morning. So, You want to proceed, counsel?.
23 MR. EDWARDS: Yes, Your Honor. You prefer me
24 at the podium?
25 THE COURT: It is easier for us to hear you.

34
Page 3
1 MR. EDWARDS: Your Honor, as a factual
2 background, Mr. Epstein is a billionaire that
3 sexually abused and molested dozens and dozens of
4 girls between the ages of 13 and 17 years old. And
5 through cooperating victims, that evidence can be
6 proven. Because of his deviant appetite for young
7 girls, combined with his extraordinary wealth and
8 power, he may just be the most dangerous sexual
9 predator in U.S. history. This petitioner is one of
10 the victims and she is in attendance today. Another
11 one of Mr. Epstein's victims is also in attendance
12 today. She would be able to provide evidence that
13 she provided-- that Mr. Epstein paid her to provide
14 him over 50 girls for the purposes of him to
15 sexually abuse. Therefore, the undercurrents of the
16 petition are clear. The plea bargain that was
17 worked out for Mr. Epstein in light of the offenses
18 that he committed is clearly unfair to the point
19 that if anybody looks at the information, it is
20 unconscionable.
21 THE COURT: Well, I mean, is that for me?
22 That's not my role. That's the prosecutor's role to
23 apply, would it not? I can't force them to bring
24 criminal charges. What do I have to do with that.
25 MR. EDWARDS: Okay.

34
Page 4
1 THE COURT: That may be
2 your opinion, that
3 may be your client's opinion, but I presume that the
4 government is aware that that's your client's
5 opinion. How does that change anything?
6 MR. EDWARDS: That's my problem. I'm not
7 sure that the government is aware that is
8 petitioner's opinion and that's why we're here
9 today, just to enforce the victim's rights under 18
10 USC 3771, Crime Victims Rights Act, and all we are
11 asking is to order that the plea agreement that has
12 been negotiated in this case--
13 THE COURT: How do you know there is a plea
14 agreement? The plea agreement is with the State of
15 Florida, wasn't it?
16 MR. EDWARDS: There was a state charge with
17 one victim that I'm aware of. And the plea
18 agreement as to that one victim was 18 months in the
19 county jail. But along with that, the Palm Beach
20 County Sheriff investigating this case was getting
21 no action out of the local authorities and sent this
22 to the FBI.
23 THE COURT: It was actually the Palm Beach--
24 Town of Palm Beach Police, not the Sheriff's Office.
25 MR. EDWARDS: I'm sorry, Judge. And that's

34
Page 5
1 why the FBI got involved because Michael Feeter wrote a
2 scathing letter to the State Attorney about
3 Mr. Epstein receiving preferencial treatment by
4 local authorities.
5 Before the FBI took the case, they went
6 behind the victim's back, and this is our motion,
7 without the victim's input and allowing her the
8 right to meaningfully confer with the government,
9 which is a right that she can assert at this time.
10 They worked out a plea deal where if Mr. Epstein
11 would plead to this other charge regarding another
12 victim in the state court case, they would agree to
13 not prosecute him for all of the federal charges of
14 what they were aware of in federal court..
15 THE COURT: So that's already apparently
16 taken place, correct?
17 MR. EDWARDS: I don't know if it has taken
18 place. I'm not sure exactly what stage it is in. I
19 know it is supposed to be attached at some point in
20 time to a state court plea.
21 THE COURT: Hasn't he already plead guilty,
22 though?
23 MR. EDWARDS: If he did plead guilty, it is
24 my understanding and belief that the agreement with
25 the federal government and with the U.S. Attorney's

34
Page 6
1 Office wasn't signed on that day. So it is still my belief,
2 I could be wrong, but that that agreement
3 hasn't been completed as of this time.
4 THE COURT: So let's assume it hasn't been
5 completed.
6 MR. EDWARDS: Okay. Then petitioner would
7 like the right to confer with--
8 THE COURT: You can go in the conference
9 room. We've got the FBI agents, you've got the
10 assigned prosecuting attorney. You have got a
11 conference room. You've got your client. Go and
12 talk. Confer. And then it is up government to
13 decide what to do, correct?
14 MR. EDWARDS: In a way, Your Honor, that's
15 very similar to what happened in In Re: Dean and PB
16 case where there is a plea agreement negotiated and
17 then the victim gets the right to confer.
18 THE COURT: It's already negotiated. What
19 am I supposed to do?
20 MR. EDWARDS: Order that the agreement that
21 was negotiated is invalid and it is illegal as it
22 did not pertain to the rights of the victim.
23 THE COURT: I can order you into the
24 conference room. Then the government can do what it
25 chooses. It can agree to prosecute or it can agree

34
Page 7
1 to going forward with the agreement it had already reached
2 and after consulting your client and in
3 taking into consideration your client's views,
4 decide to go forward anyway. I can't make them
5 prosecute him. I can't-- All I can do is, at best,
6 say confer with the victim, consider the victim's
7 input before you make a decision or reconsider the
8 decision you already made in view of the victim's
9 input, if it is possible for you to do that. So if
10 I invalidate the agreement, what's the best you can
11 get? The right to confer?
12 MR. EDWARDS: Exactly. That is all we can.
13 THE COURT: So why can't you go into the
14 conference room now, take as much time as you feel
15 you need and confer?
16 MR. EDWARDS: Judge, at this time I'd like to
17 move ore tenus to add the victim that's in the
18 courtroom to this conference with the U.S.
19 Attorney's Office.
20 THE COURT: So is that Jane Doe 2 for
21 purposes of this?
22 MR. EDWARDS: Exactly, Your Honor.
23 THE COURT: All right. Let me hear from the
24 government then.
25 MR. LEE:. Good morning, Your Honor. May it

34
Page 8
1 please the Court. Let me update the Court on the
2 status of
3 various matters. The agreement to defer prosecution
4 to the State of Florida was signed and completed by
5 December of 2007. Mr. Epstein's attorneys saught a
6 higher review within the Department of Justice and
7 it took a number of months for that to come to
8 fruition. When it came to fruition, he ended up
9 pleading guilty on June 30, 2008 to two charges in
10 state court, and he was sentenced to a term of
11 incarceration of 18 months, with another 12 months
12 of community control after the completion of his
13 sentence, and he is currently incarcerated as we
14 speak.
15 We have two arguments, Your Honor. First,
16 insofar as the right that they claim under
17 3771(a)(5), their right to confer in the case, we
18 respectfully submit that there was no case in
19 federal court and, indeed, none was contemplated if
20 the plea agreement was to be successfully completed,
21 since it contemplated the State of Florida sentence
22 on the criminal charges. So as long as certain
23 conditions were met and certain federal interests
24 were vindicated, the federal government was
25 satisfied that this was an appropriate disposition.

34
Page 9
1 Insofar as the best effort, Your Honor, we have cited
2 the Attorney General's guidelines. The
3 guidelines do say that you should normally advise
4 victims of plea negotiations and the terms of the
5 plea, but they recognize that there are times when
6 they may not be appropriate or could cause some harm
7 or prejudice, and they set out six factors which are
8 to be considered, non-exhaustive factors.
9 We have advised, in the declaration of AUSA
10 Villafana that when the subject of having Mr.
11 Epstein concede that he would be convicted of an
12 enumerated offense for purposes of a cause of action
13 under 18 USC 2255, there was a rather strenuous
14 objection from Mr. Epstein's counsel that the
15 federal government was inducing some effort to
16 either fabricate claims, enhance claims or embellish
17 claims and if this agreement ultimately could not be
18 consumated, then we'd have a federal prosecution on
19 our hands, and we did not want to be in a positin of
20 creating additional impeachment material.
21 I can't say that the stand by Mr. Edwards
22 that the arguments of inducement in a subsequent
23 civil action can be made by any criminal victim,
24 that is true. It is another thing for that
25 inducement to have come before the prosecution

34
Page 10
1 arguing about the credibility and veracity of the individual.
2 That was a considerably strong point, in
3 essence, in not discussing those terms with the
4 victims as might ordinarily be done if those
5 considerations did not exist.
6 So, first, Your Honor, we believe that
7 3771(a)(5) does not apply.
8 THE COURT: Well, what about the language in
9 the statute that suggests that a victim can bring a
10 claim or seek enforcement of his or her rights under
11 the statute before a case is filed? What does that
12 refer to?
13 MR. LEE: Your Honor, we believe that's a
14 venue provision essentially telling an individual if
15 there is no exigent case, there is no case of United
16 States versus So And So, then you seek to enforce
17 your rights, then you can go in and do so in the did
18 court where the offense occurred. This is not
19 saying, necessarily, that rights exist, but if you
20 believe they exist, here is the place where you're
21 going to have to lodge it, and the Court will have
22 to decide.
23 Now, there are certain of the eight rights
24 accorded in 3771(a) that could come up before any
25 charge is filed. For instance, let's say somebody

34
Page 11
1 believes that the perpetrator of the crime is going to try to
2 harm them or threatened them or
3 intimidated them into not testifying or cooperating
4 with the government and, of course, no indictment
5 has been returned. If an individual went to the
6 government and believed that the individual had not
7 acted appropriately, they can go to the district
8 court and say I need to have my rights under
9 3771(a)(1) enforced because those people are
10 threatening me, and the government hasn't done
11 enough. That would be a situation.
12 But we're talking really here about (a)(5),
13 which is the right to consult in the case and we
14 respectfully submit that there is not case until a
15 charge has been filed.
16 THE COURT: So, what about the circuit case
17 that was actually pending case had to do with a plea
18 agreement in a pending case?
19 MR. LEE: Yes. The distinction between the
20 Dean case and the instant case, Your Honor, is
21 this. In Dean, they had negotiated with BP
22 Petroleum for a plea and it was always contemplated
23 that there was going to be a federal prosecution.
24 The distinction in this case was that there was
25 already a pending state prosecution and the

34
Page 12
1 objective for both sides was to keep it in state court and
2 the federal government's objective was to
3 ensure that there were sufficient safeguards in the
4 state court proceedings and concessions made by Mr.
5 Epstein so that federal interests, particularly a
6 cause of action for damages for the victims of the
7 sexual exploitation could be preserved. So that's
8 the key distinction because there was no federal
9 case, there was no federal criminal charge
10 contemplate so long as the agreement could be
11 reached.
12 THE COURT: All right. So they want me to
13 invalidate your non-prosecution agreement.
14 MR. LEE: Your Honor, we respectfully submit
15 that 3771 does not grant authority of this Court to
16 do so. In the Dean case, for instance, Your Honor,
17 there was a plea agreement that was entered into and
18 district court, of course, entertained a plea
19 agreement and exercised its judicial discretion in
20 terms of whether to accept it or not. The victims
21 were encouraged to go to district court and say, you
22 know, we didn't hear about this. We should have,
23 and we object to it for the following reasons. The
24 district court take that into account. There is no
25 plea agreement before this Court. There will be no

34
Page 13
1 plea proceedings in this court. That was all done in state
2 court several weeks ago. So that's another
3 basis for distinguishing Dean.
4 THE COURT: All right. So is there any
5 point in conferring with these victims?
6 MR. LEE: Your Honor, I will always confer,
7 sit down with Jane Doe 1 and 2, with the two agents
8 and Ms. Villafana. We'll be happy to sit down with
9 them.
10 THE COURT: But it wouldn't make any
11 difference in terms of the outcome. Would maybe
12 give them the benefit of your explanation of why you
13 did what you did and why you came to the conclusion
14 you did, but it is not going to change your decision
15 in any way.
16 MR. LEE: If it is going to change, it would
17 have to be done at a level higher than mine, Your
18 Honor.
19 THE COURT: What was-- I didn't understand
20 your statement earlier that Mr. Epstein wanted some
21 kind of review of higher authority within the
22 Department in terms of whether or not the federal
23 government was going to insist on preserving any
24 civil claims.
25 MR. LEE: Your Honor, of the agreement was

34
Page 14
1 consumated by the parties in December of 2007. Mr. Epstein's
2 attorneys wanted a further review of the
3 agreement higher up within the Department of Justice
4 and they exercised their ability to do that.
5 THE COURT: Meaning? Again, I'm trying to
6 understand. He wasn't happy with the agreement that
7 he had signed?
8 MR. LEE: Basically, yes. And was trying to
9 maintain that the agreement should be set aside or
10 more favorable terms.
11 THE COURT: Now, in terms of -- You don't
12 dispute that Jane Doe 1 and 2-- First of all, do you
13 have an objection to Jane Doe 2 being added as a
14 petitioner in this case?
15 MR. LEE: No, I don't.
16 THE COURT: I'll grant that request.
17 You don't dispute that they're victims
18 within the meaning of the Act.
19 MR. LEE: It depends to which -- There is one
20 Jane Doe-- Well, there is one individual who is one
21 of Mr. Edwards' clients who we do not believe to
22 been a victim. If these are SN and CW, then we have
23 no objection and I can discuss-- If I may have a
24 moment, Your Honor.
25 Your Honor, thank you. I have been

34
Page 15
1 corrected. We have no objection.
2 THE COURT: Okay.
3 MR. LEE: We agree they're victims.
4 THE COURT: Now, what is your position,
5 then, regarding the right of a victim of a crime
6 that is potentially subject to federal prosecution
7 to be, to have input with the prosecutor, your
8 office, before a resolution or decision not to
9 prosecute is made? Do you say that there is no
10 right to confer under those circumstances because
11 there is no "case pending" so any decision not to
12 prosecute, there is no right to confer but that
13 right to confer only is triggered once there is an
14 indictment or an information filed?
15 MR. LEE: That is correct, Your Honor. The
16 Attorney General guidelines which were published in
17 May of 2005 provide that the rights in 3771(a)(1
18 through 8) accrue when a charge is filed in federal
19 court. Now, that my change after the Dean
20 decision. It is under consideration. But that's
21 the government's position.
22 THE COURT: All right. And so -- Are you
23 saying all of the rights--
24 MR. LEE: Your Honor, some of the rights
25 clearly will only pertain after a charge has been

34
Page 16
1
2 filed. The one that pertains to notice of public hearing,
3 public proceedings, though, can't apply
4 until there are public proceedings to be had.
5 Of course, these guidelines are a floor and
6 not a ceiling. They're to be applied with common
7 sense. If somebody-- If charges of assault were
8 being investigated and somebody would come in and
9 say the perpetrator whom you're investigating is
10 getting ready to indict has been threatening me,
11 following me, and I need help because he or she is
12 going to do something bad to me and try to take care
13 of me before I can testify in the grand jury, this
14 person would not be turned away because a charge
15 hasn't been filed yet. Those guidelines would be
16 applied with common sense.
17 But specifically insofar as a (a)(5), which
18 is the right to consult with the attorney for the
19 government in the case, that would not accrue until
20 there is a days. And, in our view, a case doesn't
21 come into being until charges are filed.
22 THE COURT: And are there any reported
23 decisions that you are aware of where any court has
24 found a right to confer before charges are filed?
25 MR. LEE: I'm not aware of any, Your Honor.

34
Page 17
1 THE COURT: All right. Thank you.
2 MR. LEE: Thank you, Your Honor.
3 THE COURT: Counsel?
4 MR. EDWARDS: I would just like to address
5 that Dean decision. They're asking you that you
6 just simply ignore it because the decision clearly
7 was a decision made because as it is a direct result
8 of a plea deal being worked out prior to the victims
9 being able to speak.
10 THE COURT: But there was a pending case,
11 though, correct?
12 MR. EDWARDS: As I understand the decision--
13 THE COURT: As I understand the plea deal, it
14 was negotiated prior to charges being filed. Then
15 there was a filed case and then the court had the
16 ability to accept the plea or not. And at that
17 point, you would have the ability to entertain or
18 assert an objection because you weren't consulted
19 about the plea.
20 So there was a proceeding or case in which
21 you can assert a right to confer. How do you do
22 that before a case is filed? How do you enforce the
23 government or force the government to consult about
24 not filing a case? Every case they have to consult
25 with the victim before they decide not to prosecute?

34
Page 18
1 MR. EDWARDS: No, there are limitations. I
2 think in my reply I refer to the case of U.S. V. Rubin where
3 they discussed that very scenario
4 stating there at least has to be criminal charges
5 contemplate by the government before these rights
6 kick in. The rights under (d)(3) and (a)(5), the
7 right to confer and the Dean case clearly states
8 clearly rights under the CBRA apply before
9 prosecution is under way. Logically, this includes
10 the CBRA establishments of a victim's reasonable
11 right to confer with the attorney for the
12 government. And, that's read in the plain reading
13 of the statutes as well.
14 This first case in interpreting it, I think
15 it's pretty clear the distinction they're making
16 between BP and this case. Is it a distinction
17 withoug a real difference in that the court is
18 saying you have this right before the case is filed
19 which is exactly what we are saying. And the result
20 in that case was they filed the case, later let him
21 plea out to some sweet deal. And in this case, what
22 we have is they avoid that by deciding not to file.
23 Either way, you deprive the victim of their right
24 before making that decision.
25 And the main problem that the court had in

34
Page 19
1 Dean, as it states, the victims do have rights when
2 there is an impact and the eventual sent is substantially
3 less. Whereas here, their input is
4 received after the parties have reached a tentative
5 deal. Well, the government just stated the deal was
6 reached back in October of 2007. However, attached
7 to their response is a letter to my client
8 petitioner, dated January 10, 2008, after the time
9 then counsel just put on the record that the deal
10 was already finalized and it starts, the opening
11 paragraph talks about whether they wanted the
12 victims to have the right to confer. It says, this
13 case is currently under investigation. This is
14 January 2008. This case has been a lengthy process
15 and we request your continued patience while we
16 conduct a thorough investigation. Sounds like the
17 exact opposite of, we want you to come in and confer
18 and let us know what you really feel about this.
19 That is our biggest problem with what has
20 happened here, is that she just wasn't given a voice
21 and if somebody would have heard her, we believe
22 there would have been a different outcome. To go
23 back into a room right now and talk, after there has
24 already been a plea negotiated without Your Honor
25 ordering that in this case the plea deal needs to be

34
Page 20
1 vacated, it is illegal and give her her rights.
2 THE COURT: Well, would you agree or not that Mr.
3 Epstein plead guilty to the state charges
4 probably at least, in part, in reliance upon the
5 fact that he had an agreement with the federal
6 government they weren't going to prosecute? Would
7 you concede that or would would present evidence to
8 that effect?
9 MR. EDWARDS: Of course we would. Yes, of
10 course. Sure.
11 THE COURT: So you agree that Mr. Epstein is
12 now sitting in the Palm Beach County Jail a
13 convicted felon serving 18 months of imprisonment,
14 at least in material part, because he relied upon
15 the government's non-prosecution agreement?
16 MR. EDWARDS: Yes. I agree that he is sitting
17 there because he is guilty and maybe he took the
18 plea rather than going to trial and being found
19 guilty later in part because of this non-prosecution
20 agreement that was worked out behind the other
21 victims' backs. I would agree with that.
22 THE COURT: So he accepted the State's deal
23 in part because he knew he had an agreement from the
24 federal government that they weren't going to
25 prosecute.

34
Page 21
1 MR. EDWARDS: I presume. I speculate that is
2 true.
3 THE COURT: So you want me now, then, to set
4 aside the government's agreement with him because
5 there was no conferring, yet he has already accepted
6 a plea agreement and is sitting in custody, in part,
7 in reliance on that agreement. I mean, I can undo
8 the agreement in your theory, but how do I-- Mr.
9 Epstein, in a sense, would then be adversely
10 affected by my actions when he acted in reliance
11 upon the agreement. How does that work?
12 MR. EDWARDS: Certainly, we're only asking
13 you to vacate the agreement. I understand and your
14 point is well taken. And I believe that at that
15 point in time his rights may kick in and say, wait,
16 I was relying on this other deal so I wouldn't be
17 prosecuted for these hundreds of other girls that I
18 molested; that I plead guilty over here to the one
19 girl that I will admit to molesting. So maybe I can
20 get to withdraw my plea. But the last thing he wants
21 to do because if he ends up going to trial, I'll be
22 in prison for the rest of his life like any other
23 person who ever did this crime would be. He could
24 have that argument, I guess, but still wouldn't
25 really work well for him.

34
Page 22
1 THE COURT: All right. So you still think I
2 should set aside the agreement, require the government to
3 confer?
4 MR. EDWARDS: Work out a plea negotiation
5 commensorate with the crimes that he committed and
6 that are favorable after they confer with the
7 victims. And it is within their discretion. Of
8 course, they can decide on their own that, hey, I
9 think that the agreement was fair after they have
10 talked with the victims. That could happen. I
11 don't know if a reasonable person that would do
12 that, but it could happen.
13 THE COURT: Apparently, you are not
14 suggesting that that these person are not
15 reasonable.
16 MR. EDWARDS: I'm suggesting they haven't
17 conferred with the victims and that if they took
18 into consideration what these two in the courtroom
19 have to say, I don't think that we'd be in this same
20 position right now.
21 THE COURT: They have never spoken to your
22 client about what happened to them?
23 MR. EDWARDS: They have spoken to them about
24 what happened. Maybe not about what the girls
25 wanted to happen as a result of this case, which is

34
Page 23
1 part of conferring to decide that these girls wanted
2 money on their own, which is basically what this-- this
3 non-prosecution agreement entails that has
4 language that he'll agree to liability in a civil
5 case. That's not what these girls-- They want
6 justice. They want him in prison now more than
7 ever. The reason they stated they kept this
8 agreement from the girls and they basically conceded
9 we didn't tell the girls about this agreement, well,
10 the reason is because they would have objected and
11 they wouldn't have been able to sign off on this and
12 the victims would have had a voice, and we'd still
13 been going through litigation. The exact problem
14 they tried to prevent, at least in their terms which
15 was the impeachment of these girls at a later trial,
16 is still available to anybody once the civil suits
17 are filed anyway.
18 They have three arguments. One, we didn't
19 have to talk to them. Two, we did talk to them sort
20 of. And if you don't buy that, the reason we didn't
21 talk to them, we were trying to prevent them from
22 being impeached later. None of them trump the
23 victims' rights to confer prior to plea
24 negotiations. That's why, Your Honor, we would ask
25 this Court to enter an order vacating that previous

34
Page 24
1 plea agreement as illegal, ask them to confer with
2 the victims once again or for the first time and work out a
3 negotiated plea to that accord.
4 THE COURT: Well, all you can ask them to do
5 is confer. I can't ask them to do anything beyond
6 that. I mean, it is up to them to negotiate.
7 MR. EDWARDS: I wouldn't quarrel with that.
8 THE COURT: Now, having learned today, I
9 guess, that the agreement was signed when, in
10 October?
11 MR. EDWARDS: October 2007, I heard.
12 THE COURT: About eight or nine months ago,
13 is there any need to rush to a decision in this
14 matter? The decision has already been made. You
15 filed this, I think, on the presumption that the
16 agreement was about to take place and you wanted to
17 be able to confer beforehand and you weren't sure
18 what was going on.
19 MR. EDWARDS: Precisely, Your Honor. And I'm
20 holding the letters that are exhibits that they were
21 writing to my client during the year of 2008 telling
22 her how lengthy of a process this was going to be
23 and be patient. So, right, I was completely in the
24 dark about when this agreement was signed.
25 THE COURT: In view of the fact that this

34
Page 25
1 agreement has already been consumated, and you want
2 me to set it aside, as opposed to something that's about to
3 occur, would you agree that-- and I have
4 done this very quickly because of the petition and
5 your allegation that something was about to happen.
6 I'm not blaming you.
7 MR. EDWARDS: I was mistaken.
8 THE COURT: I'm not blaming you for doing
9 that. In view of what you know now, is there any
10 need to treat this as an emergency that has to be
11 decided by tomorrow?
12 MR. EDWARDS: I can't think of any reason in
13 light of what we just heard.
14 THE COURT: Mr. Lee, do you have anything
15 else you wanted to add? Does either side think I
16 need to take evidence about anything? If I do,
17 since this is not an emergency anymore, I can
18 probably find a more convenient time to do that. I
19 don't have the time today to take evidence. But if
20 you do believe that I should take evidence on this
21 issue.
22 MR. EDWARDS: It may be best if I conferred
23 with the U.S. Attorney's Office on that and we can
24 make a decision whether it is necessary or whether
25 Your Honor deemed it was necessary for you to make a

34
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1 decision.
2 THE COURT: I want to know what your respective
3 positions are because it may be something
4 in terms of having a complete record, and this is
5 going to be an issue that's it going to go to the
6 Eleventh Circuit, may be better to have a complete
7 record as to what your position is and the
8 government's is as to what actions were taken. And
9 I don't know if I have enough information, based on
10 Ms. Villafana's affidavit or I need additional
11 information. And because it is not an emergency, I
12 don't have to do something quickly, we can play it
13 be ear and make this into a more complete record for
14 the court of appeals.
15 MR. EDWARDS: If there is a time where it is
16 necessary to take evidence, Your Honor is correct in
17 stating that it is not an emergency and it doesn't
18 need to happen today. And, I will confer with the
19 government on this and if evidence needs to be
20 taken, it be taken at a later date. It doesn't seem
21 like there will be any prejudice to any party.
22 THE COURT: Mr. Lee, do you have any
23 thoughts? You want to consult with Mr. Edwards?
24 MR. LEE: There may be a couple of factual
25 matters that I need to chat with petitioner's

34
Page 27
1 counsel on. If we can reach agreement on those as
2 to what was communicated to CW and what time, if they don't
3 dispute that, then we don't think it will
4 be necessary to have an evidentiary hearing. But if
5 we can agree, fine or maybe we can't. We'll talk
6 about it.
7 THE COURT: All right. So why don't you let
8 me know if you think an evidentiary hearing is
9 necessary. If there are additional stipulations you
10 want to enter into or supplement what has already
11 been presented, you can do that.
12 Now, the other issue I want to take up,
13 though, is the government filed its response to the
14 petition under seal. And so I want to know why.
15 What is in there that at this point needs to be
16 under seal? Is there anything in there that's
17 confidential, privileged, anything that's different
18 from what you hve said here in open court that
19 requires that to be sealed?
20 MR. LEE: Well, Your Honor, on our motion to
21 seal was based on two reasons. One that dealt with
22 individuals or minors at the time that the offense
23 occurred. So we were attempting to protect the
24 privacy of those individuals. And also it dealt
25 with negotiations with Mr. Epstein which were in the

34
Page 28
1 nature of plea negotiations, which we treat as
2 confidential. Normally, they're not aired out in open court.
3 So those were our two reasons.
4 THE COURT: All right. But I guess the
5 letters you attached only related to Mr. Edwards'
6 client.
7 MR. LEE: Three of them, yes, Your Honor.
8 THE COURT: Are you prepared, Mr. Edwards,
9 to waive any issues regarding the release of those
10 documents that relate to your clients?
11 MR. EDWARDS: Judge, I think it would be
12 appropriate to redact the names of the clients as
13 they have done.
14 THE COURT: I don't think the names are in
15 there.
16 MR. EDWARDS: I think they're redacted.
17 They're blacked out. I have no problem with
18 releasing those documents. I'm not sure that's part
19 of the deal. But if it is--
20 MR. LEE: It is.
21 MR. EDWARDS: Okay. I'll waive.
22 THE COURT: You really don't have any
23 objection to those letters that were sent to them
24 being released to the public?
25 MR. EDWARDS: Of course not, Judge.

34
Page 29
1 THE COURT: Then what is there about the
2 plea agreement or the negotiations that is in the response
3 that we really haven't already kind of--
4 MR. LEE: Your Honor, there was a
5 confidentiality agreement in the deferral of
6 prosecution to the State of Florida. So we were
7 trying to maintain the confidentiality of the
8 negotiations that occurred since we had discussions
9 during those negotiations as one of the reasons why
10 we decided not to tell all of the individuals what
11 was going on.
12 THE COURT: But is that still necessary,
13 that confidentiality or is that kind of moot at this
14 point?
15 MR. LEE: Well, we would like it sealed.
16 Admittedly, what happened today in open court has
17 probably weakened our argument. I don't dispute
18 that.
19 THE COURT: In your opinion, anything in
20 particular, any paragraph in the response or in Ms.
21 Villafana's affidavit that you think is particularly
22 troublesome that should remain under seal?
23 MR. LEE: May I have a moment, Your Honor?
24 THE COURT: Yes.
25 MR. LEE: Thank you. Your Honor, one aspect

34
Page 30
1 of this in the notification letters that were
2 dispatched to individuals which were attached to Ms.
3 Villafana's declaration, there is a citation to a
4 clause in the agreement that was reached regarding
5 the damages remedy under 18 USC 2255 that was
6 subject to the constitutionality agreement, we
7 believe that should still remain confidential.
8 THE COURT: But hasn't the fact that this
9 provision was part of the agreement again been
10 aired? Is there any secret to it anymore?
11 MR. LEE: The actual text of it has not been
12 aired. The existence of it has been heard but the
13 actual text has not and we believe it should still
14 remain confidential.
15 THE COURT: Okay. Any other argument on
16 that issue?
17 MR. LEE: No, Your Honor. Thank you.
18 THE COURT: Ms. Villafana wants to speak to
19 you.
20 MR. LEE: Your Honor, one item that I'd like
21 to bring to the Court's attention. We had advised
22 Mr. Epstein and his attorneys that if we were to
23 dislose some of the agreement, we would give them
24 advance notice and ability to lodge an objection. We
25 would like an opportunity to do that.

34
Page 31
1 THE COURT: All right. But you're not
2 disclosing. It would be by my order that it would be
3 disclosed.
4 MR. LEE: Yes, Your Honor. And we just would
5 like to register that we believe it should remain
6 confidential.
7 THE COURT: All right.
8 MR. EDWARDS: Your Honor, I don't see any
9 authority for keeping that under seal.
10 THE COURT: I agree. The fact that there is
11 this preserved right on behalf of the victims to
12 pursue a civil action is already a matter of public
13 record; the exact text of the clause-- I don't see
14 that disclosing the text of the clause when the fact
15 that the clause exists is already a matter of public
16 record. It is not harmful in any way to Mr. Epstein
17 or the government and the letters to the victim that
18 the victim can disclose those letters, they're not
19 under any confidentiality obligation or restriction
20 and they're free to disclose it themselves if they
21 choose to. So I don't see that there is any real
22 public necessity to keep the response sealed in view
23 of what we discussed already on the record and the
24 victim's ability to disclose those provisions of
25 their own choosing, if they wish. So, in view of

34
Page 32
1 the public policy that matters filed in court
2 proceedings should be open to the public and sealing should
3 only occur in circumstances that justife the
4 need to restrict public access, I'm going to deny
5 the motion to seal the response and allow that to be
6 viewed.
7 All right. So I'll let both of you confer
8 about whether there is a need for any additional
9 evidence to be presented. Let me know one way or
10 the other. If there is, we'll schedule a hearing.
11 If there isn't and you want to submit some
12 additional stipulated information, do that, and then
13 I'll take care of this in due course.
14 MR. EDWARDS: Thank you, Your Honor.
16 MR. LEE: Thank you, Your Honor.
17 MS. VILLAFANA: Thank you, Your Honor.
18 THE COURT: You're welcome.
19 (Proceedings concluded.)
20
21
22
23
24
25

34
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1
2 I hereby certify that the foregoing is true
3 and correct to the best of my ability.
6 ____________________________________
7 Victoria Aiello, Court Reporter
10
11
12
13

28
GOVERNMENT
EXHIBIT
U
28
Page 1
1 UNITED STATES DISTRICT COURT
2
3 JANE DOE, ) Case No.

) 08-80736-CIV-MARRA
4 Petitioner, )
)
5 -v- )
)
6 UNITED STATES OF AMERICA,)
)
7 Respondent. ) West Palm Beach, Florida
) August 14, 2008
8 _________________________)
10 TRANSCRIPT OF HEARING
11 BEFORE THE HONORABLE KENNETH A. MARRA
12 U.S. DISTRICT JUDGE
13
14 Appearances:
15 FOR THE PETITIONER Bradley J. Edwards, ESQ., and

Paul G. Cassell, ESQ.
16
17 FOR THE RESPONDENT Dexter Lee, AUSA, and

Ann Marie C. Villafana, AUSA
18
19 Reporter Stephen W. Franklin, RMR, CRR, CPE

(561)514-3768 Official Court Reporter
20 701 Clematis Street, Suite 417
21
22
23
24
25
28
Page 2
1 (Call to the order of the Court.)
2 THE COURT: Good afternoon.
3 VOICES: Good afternoon, Your Honor.
4 THE COURT: All right. This is the case of In Re:
5 Jane Does 1 and 2, case number 08-80736-CIV-MARRA.
6 May I have counsel state appearances, please, and
7 if you can please try and speak up so we can hear you.
8 MR. EDWARDS: Okay. Brad Edwards, on behalf of
9 Jane Doe 1 and 2.
10 MR. CASSELL: Paul Cassell, along with Mr. Edwards.
11 THE COURT: Good afternoon.
12 MR. LEE: Good afternoon, Your Honor. For the
13 United States Government, Dexter Lee, Assistant U.S.
14 Attorney, and Marie Villafana.
15 THE COURT: All right. Good afternoon.
16 Mr. -- everyone, we're having trouble hearing you,
17 so if you can try and speak up, and also if you could
18 identify yourself before you begin speaking so the reporter
19 can accurately indicate on the record who is speaking. I
20 appreciate that.
21 I scheduled this for a status conference in order
22 to determine whether I'm going to need additional -- as far
23 as the parties were concerned, whether either of the parties
24 thought that I needed additional information in order to
25 proceed with the pending motion by the Plaintiffs or whether

28
Page 3
1 we have a complete record based upon what's already been
2 submitted, and I wasn't quite sure where we were on that
3 since we last met.
4 So if I can hear from Mr. Edwards or Mr. Cassell
5 first what the Plaintiffs' position as far as where we stand
6 on the record in terms of whether I need additional facts,
7 evidence, or there's going to be a stipulation submitted to
8 me upon which I can rely.
9 MR. EDWARDS: Sure.
10 Your Honor, this is Brad Edwards.
11 I believe that you do have a sufficient record, in
12 that I don't think that -- I think that we're in agreement
13 that additional evidence does not need to be taken in the
14 case for Your Honor to make a ruling. We have actually met
15 with the U.S. Attorney, and we've had meaningful discussions
16 in an attempt to resolve our issues. I think the only issue,
17 we can probably agree to this right now, is that the victims
18 are unable at this point in time to go any further with
19 requesting a remedy from the Court without the full and
20 complete plea agreement being produced to us from the U.S.
21 Government, and the U.S. Government's hands are tied in that
22 there's a confidentiality agreement within that plea
23 agreement that prohibits them from turning that over.
24 So at this point in time, we would be asking Your
25 Honor to enter an order compelling them to turn over that

28
Page 4
1 agreement, and at that point in time I think we can meet
2 again and probably resolve our disputes amongst ourselves.
3 THE COURT: All right. So do I understand that
4 you're modifying your claim for relief at this point and only
5 seeking me to compel the Government to produce the plea
6 agreement, or are you -- or is this a -- a preliminary step,
7 after which you're then going to evaluate whether you want me
8 to do something further?
9 MR. EDWARDS: I think it's the latter, Your Honor.
10 It is, and it will likely always be, our position that the
11 victims' rights are violated. However, because of the legal
12 consequences of invalidating the current agreement, it is
13 likely not in my clients' best interest to ask for the relief
14 that we initially asked for.
15 So in order to effectively evaluate the situation
16 and ask for the appropriate relief, we would just be asking
17 Your Honor at this point in time to allow us to see the full
18 entire plea agreement that is purportedly drafted to protect
19 my victims. That only seems fair to know, you know, what the
20 plea agreement says, especially in light of the fact that
21 Mr. Epstein knows what the plea agreement says.
22 THE COURT: All right. And then if I grant that
23 relief, you will evaluate the agreement and then decide
24 whether to either dismiss your case or go forward and ask for
25 some additional relief?

28
Page 5
1 MR. EDWARDS: That's correct, Your Honor.
2 THE COURT: Is it your plan or is there any kind
3 of -- been any kind of discussion between you and the
4 Government as to what you -- if I grant the relief of
5 requiring the Government to at least present you with the
6 agreement and let you view it, has there been any discussion
7 about you keeping it confidential and not letting it go any
8 further than your clients and using it for your
9 decision-making purposes, or do you wish to have it released
10 to you, and you would be able to use it however you wished?
11 MR. EDWARDS: Well, Your Honor, we would prefer
12 that it be produced to us and not have to keep it
13 confidential. I think that that creates an undue hardship on
14 us. However, if it was Your Honor's order that we do
15 maintain some confidentiality of the agreement, we would
16 certainly abide by it.
17 The reason we want it is not so that it's
18 disseminated everywhere; however, there is a public interest
19 in viewing what happens in the court process, and this is
20 just part of it. There's no reason that it should be sealed
21 or kept confidential. Seems to be an overwhelming reason
22 to -- to make it public. However, that's not our intention.
23 Our intention is just to view it, represent my clients and
24 then evaluate it and ask the Court for the appropriate relief
25 after we've seen it.

28
Page 6
1 THE COURT: All right. And, again, although I hear
2 you saying you think that it shouldn't be kept confidential
3 because there's some public interest in it, but if you had it
4 to use for whatever, to represent your client either in
5 advising your clients whether to go forward with this case or
6 not, or I guess to use it in connection with any other
7 litigation that you might want to initiate on behalf of your
8 clients where that agreement might have some relevance,
9 what's the interest in using -- having the ability to
10 disclose it beyond those purposes?
11 MR. EDWARDS: Well, certainly if -- if the
12 agreement was designed to protect these victims in a criminal
13 as well as a civil context, and we are going to be filing
14 civil cases against Mr. Epstein, and this agreement,
15 undoubtedly it will play a big role in the amount of
16 protection the victims have been allotted, as well as the
17 course of action in the civil cases. It seems inevitable
18 that it's going to become, you know, more public at that
19 point in time, and I think that's in the very near future.
20 At this point in time, it's not intention to make
21 it public, but I think that inevitably happens as soon as
22 civil litigation begins, and this is at the heart of it,
23 so . . .
24 THE COURT: Well, civil litigation has already
25 begun, hasn't it?

28
Page 7
1 MR. EDWARDS: Right.
2 THE COURT: Okay. All right.
3 MR. EDWARDS: At least for some other parties, with
4 other attorneys and other things, so . . .
5 THE COURT: Well, you filed a case yesterday,
6 didn't you?
7 MR. EDWARDS: We filed one of them. It is not on
8 behalf of one of the Jane Does that I'm representing in this
9 action.
10 THE COURT: Okay. All right.
11 MR. EDWARDS: Just so that we're clear.
12 THE COURT: I haven't seen the name, so I didn't
13 know who it was on behalf of.
14 All right. Let me hear from Mr. Lee or
15 Ms. Villafana.
16 I understand that you're under a confidentiality
17 agreement, and I understand that you feel restricted in what
18 you can unilaterally do, but I've already entered some
19 rulings in this case that have made portions of that
20 agreement public. Is there any reason to keep the rest of
21 the agreement confidential, other than you're obligated by
22 the agreement and don't want to be in a position where you've
23 unilaterally violated it absent a court order?
24 MR. LEE: Yes, Your Honor. This is Dexter Lee.
25 Good afternoon.
28
Page 8
1 Your Honor, we do feel bound by the confidentiality
2 provision such that we could not voluntarily disclose this
3 non-prosecution agreement without court order compelling us
4 to do so.
5 The provision in the non-prosecution agreement
6 required us to notify Mr. Epstein and his attorneys of any
7 attempts to have this document disclosed in a public forum,
8 and we have done so. They have expressed their desire that
9 if this document is to be disclosed to the Petitioners in
10 this case, that it be done pursuant to a protective order
11 which would preclude the victims from disseminating it
12 publicly.
13 We believe that is appropriate in this action. It
14 would allow them access to the document, which they claim
15 they have a need to have, and that's fine. They can review
16 it and determine where they wish to go. We believe there's
17 no public interest in having this disseminated.
18 Now, should there be subsequent litigation between
19 Mr. Edwards' clients and Mr. Epstein, and the subject matter
20 of this agreement should arise, then Mr. Epstein and
21 Mr. Edwards will be in a position to litigate that in
22 whatever forum it is, rather than having that issue disposed
23 of where they're not present to voice their objections.
24 So we would ask the Court to, if it compels us to
25 disclose it, to do so under a protective order which would

28
Page 9
1 provide for no public dissemination.
3 MS. VILLAFANA: Your Honor this is Marie Villafana.
4 Just to add onto what Mr. Lee was saying, one of
5 our concerns is that there are names of individuals in the
6 order who are not currently --
7 THE COURT: Ms. Villafana, I'm having trouble
8 hearing you. I apologize.
9 MS. VILLAFANA: I'm sorry.
10 Your Honor, one of our concerns is that the
11 agreement contains names of individuals who are not
12 currently -- haven't pled guilty or haven't -- do not have
13 certain obligations. And I think that there may be a Rule
14 6(e) issue if the agreement is made public or available to
15 the press, et cetera.
16 THE COURT: Okay. So, I'm sorry, you say there are
17 names of other individuals that do what?
18 MS. VILLAFANA: They were other individuals who are
19 the subject of these -- who are the subject of the
20 Government's investigation but who are not necessarily known
21 to the public in the sense that Mr. Epstein entered the
22 guilty plea and the public is aware of that, but they may not
23 know about these other individuals who haven't been indicted,
24 and therefore I think they have a bit of a privacy interest
25 here.
28
Page 10
1 THE COURT: Okay. But they're not parties to the
2 agreement.
3 MS. VILLAFANA: No.
4 THE COURT: Okay. Other than the fact that the
5 Government bound itself in the agreement not to disclose it,
6 and you require a court order to have it disclosed, what
7 would be the public interest, or what would be the
8 justification for denying disclosure of the agreement at
9 least to purported victims of Mr. Epstein's conduct? Why
10 shouldn't the victims who the Government, as I understand it,
11 provided notice of their rights under the Act that they had
12 the status of victims, why shouldn't they have the
13 opportunity to see that agreement?
14 MS. VILLAFANA: Your Honor, I guess I will respond.
15 I was prepared to -- I need to highlight an issue
16 for the Court. I was prepared to argue today that we had
17 provided the victims with the portion of the agreement that
18 is relevant to them.
19 Last night and this morning, in conversations with
20 Mr. Epstein's attorneys, they have said for the first time
21 that they do not believe that one portion of the agreement is
22 binding, and that is the portion that has been disclosed to
23 the victims. So I can no longer say that they have the
24 portion that is relevant to them.
25 THE COURT: I'm sorry, I didn't quite follow that,

28
Page 11
1 Ms. Villafana.
2 You've had discussions with Mr. Epstein's counsel
3 as to what?
4 MS. VILLAFANA: Your Honor, in preparation for
5 today's hearing, I was -- I had been working to confirm with
6 Mr. Epstein's attorney that the agreement that I have
7 described in my declaration is the one that they are
8 performing under. Last night and this morning for the first
9 time, I was told that they believe that a portion of the
10 agreement that is described in my declaration and that was
11 disclosed to the victims does not bind them. So as of this
12 point, the victims have not received at least what
13 Mr. Epstein claims is the portion relevant to them.
14 THE COURT: Okay. Your understanding is that
15 Mr. Epstein's taking the position that the portions of the
16 agreement that have already been disclosed are not -- is not
17 binding on Mr. Epstein?
18 MS. VILLAFANA: Yes.
19 MR. LEE: Your Honor, this is Dexter Lee. If I
20 may?
21 The agreement initially negotiated was executed in
22 September of 2007. That's part one, I will call it.
23 In October, there was an addendum to the executed
24 agreement which occurred the month before. There was some
25 more discussions, and there was a letter that was submitted

28
Page 12
1 to Mr. Epstein's attorneys by the United States Attorney in
2 December. That's part three, I will call it.
3 There is now a dispute between the Government and
4 Mr. Epstein's attorneys about whether certain portions after
5 the original agreement are effective and binding. I just
6 need to make the Court aware of that and also Mr. Edwards and
7 Judge Cassell.
8 MR. EDWARDS: This is the first time --
9 This is Brad Edwards speaking.
10 This is the first time we're hearing any of this.
11 This is obviously even further evidence that the victims were
12 unaware of the plea agreement that was being worked out.
13 But, nonetheless, I don't think that it changes our
14 position, in that we believe we're entitled to not only the
15 plea agreement, but all of the addenda that have been
16 attached to that plea agreement and have become part of that
17 plea agreement, just so that what we're asking for is clear.
18 MR. LEE: Your Honor, this is Dexter Lee.
19 We are prepared to give all three hopefully, in our
20 view, pursuant to a protective order preventing public
21 disclosure, but we just want the Court and the Petitioners'
22 counsel to know that there is a dispute ongoing right now
23 about which portions are effective and which are not. And we
24 can discuss that with them at the conclusion of the hearing.
25 THE COURT: All right. But again, as far as my

28
Page 13
1 earlier question, even though there's a dispute now
2 apparently between Mr. Epstein and the Government as to what
3 portions of the agreement are or are not binding, does the
4 Government have any reason why the victims should not have
5 the benefit of seeing these -- the agreement, whether, you
6 know, it's going to be held binding down the road or not,
7 other than you agreed in a confidentiality order not to
8 disclose it? But beyond that, is there any justification
9 that the Government can provide to me as to why the victims,
10 people who have been identified by the Government as victims
11 of Mr. Epstein, should not have the benefit of seeing this
12 plea agreement, or non-prosecution agreement, whatever you
13 want to term it?
14 MR. LEE: Your Honor, this is Dexter Lee. When you
15 refer to victims, do you mean victims beyond the three that
16 are parties to the instant litigation?
17 THE COURT: I mean -- yes, I'm talking about anyone
18 who the Government may have disclosed as a -- as a -- or sent
19 notice to based upon your understanding of who might have
20 been a potential or an alleged victim of Mr. Epstein's
21 conduct, whether they're part of this lawsuit or not.
22 MR. LEE: Well, if the Court is asking whether we
23 could expand the protective order such that it would permit
24 disclosure to those other victims identified that have
25 received notification already, I believe that would be

28
Page 14
1 appropriate.
2 THE COURT: Okay. But I guess my real question is
3 do you have any reason that you could advance why they should
4 not get it?
5 Let's just limit ourselves to the victims who are
6 the Jane Does in this case before we go beyond that. Is
7 there any reason that the Government can advance why the two
8 Jane Does 1 and 2 in this case should not have the
9 opportunity to view the plea agreement, or the deferral
10 agreement or the addenda to it? Can anyone justify not
11 letting them see it?
12 MR. LEE: Your Honor, this is Dexter Lee.
13 No, we cannot.
14 THE COURT: Okay. All right. Now, Mr. Edwards.
15 MR. EDWARDS: Yes.
16 THE COURT: Is there any reason why I shouldn't,
17 assuming I'm going to allow or require the Government to
18 produce the agreement and the addenda to your clients in this
19 case -- and we'll talk about other victims in a minute -- is
20 there any reason why, at least initially, it shouldn't be
21 subject to a protective order so that in the case, for
22 example, that you filed yesterday on behalf of an alleged
23 victim under a Jane Doe, where you specifically reference
24 this agreement in your -- in one the counts, that it
25 shouldn't remain subject to a protective order at least until

28
Page 15
1 Mr. Epstein has the opportunity to litigate whether or not it
2 should be disclosed beyond -- beyond your clients or other
3 victims?
4 MR. EDWARDS: At this point, Your Honor, I think
5 that that would probably be fair.
6 My only real concern is that if there's an order
7 out there where anybody can access on PACER and it says,
8 "okay, at this point I'm ordering the Government to disclose
9 this plea agreement," I just want to make sure if anybody
10 else feels entitled to that agreement, whether it's other
11 victims, or counsel, or what have you, that they be required
12 to request it from the Government or these attorneys rather
13 than try to subpoena or request it from my office, knowing
14 that I have access to this confidential agreement.
15 Other than that, no, I don't have any other reasons
16 why that's not a reasonable order.
17 THE COURT: All right. And let's assume I think it
18 should be available to any person that the Government has
19 identified as an alleged victim of Mr. Epstein's conduct, and
20 they've sent notice of their rights under the statute as a
21 victim to this -- these individuals, and I permit disclose to
22 your clients, or anyone else who fits into the category of
23 victim as described by the Government, and require -- you
24 know, again, impose a protective order that it shouldn't go
25 to anyone beyond that until such time as, in a pending

28
Page 16
1 lawsuit, I conclude that the protective order should be
2 lifted after Mr. Epstein has an opportunity to be heard on
3 that issue, is there anything else that you would need at
4 this point?
5 MR. EDWARDS: No, Your Honor.
6 This is Brad Edwards.
7 At this point in time that's all we're requesting.
8 THE COURT: And Mr. Lee or Ms. Villafana, if I
9 conclude that anyone that you've identified as a victim and
10 notified as a victim of their rights with respect to the
11 investigation of Mr. Epstein is entitled to view the
12 agreements, subject to a protective order until such other
13 time that I say it should be released beyond that, do you --
14 is there any reason why I shouldn't make it available to all
15 of the people who have been identified by you as a victim?
16 MR. LEE: This is Dexter Lee, Your Honor.
17 The answer is no, there's no problem, with the
18 exception of the grand jury issue that my colleague,
19 Ms. Villafana, mentioned earlier. I may have to defer to her
20 right now on that issue to see if that would preclude what
21 the Court is asking.
22 THE COURT: All right. Hold on one second.
23 (Brief pause in proceedings.)
24 THE COURT: Mr. Edwards, is there any reason why
25 you would need to see the names of others that the Government
28
Page 17
1 may have been investigating that might appear -- whose names
2 might appear in these agreements? Is there any interest that
3 you would have in that or need to see that information?
4 MR. EDWARDS: Well, the primary interest would be
5 that those are obviously important witnesses for any case
6 that my clients have against Mr. Epstein, witnesses that
7 Mr. Epstein is clearly aware of, since he has access to the
8 complete full agreement, and it seems inherently unfair that
9 he would have access to the names -- to a witness list that
10 my clients would not be privy to.
11 THE COURT: Well, why wouldn't you be able to get
12 those through discovery in the civil litigation?
13 MR. EDWARDS: And that may be an appropriate time
14 to get it. But that would be my primary objection for not
15 getting the names of the victims, whether now or eventually.
16 THE COURT: No, as I understand it, this is not the
17 names of other victims, this is the names of other
18 individuals that the Government may have been investigating
19 in connection with their investigation of Mr. Epstein, and
20 they're concerned about grand jury secrecy and information
21 that may have been brought before the grand jury that should
22 not be made public at this point, as I understood the
23 Government's position.
24 Is that correct, Ms. Villafana?
25 MS. VILLAFANA: Yes, Your Honor.

28
Page 18
1 MR. EDWARDS: Well, Your Honor, as I understand
2 this -- and correct me if I'm wrong, anybody -- this
3 non-prosecution agreement provides for a dismissal or
4 immunity for other individuals, and I think these are the
5 individuals that we are talking about. But all of that is
6 inextricably intertwined within this agreement, and it is
7 this agreement in its total form that is supposed to protect
8 the victims. I think that the victims have a right to know
9 of these other individuals, who my clients were also familiar
10 with during the course of this conduct, and how it protects
11 them in this case. And I don't see why they should, once
12 again, get an incomplete version of this. Because these are
13 characters that are very intertwined with the -- the -- with
14 Mr. Epstein's conduct. This is not completely and wholly
15 indifferent or irrelevant conduct for some other people.
16 This is all part of the same conduct, and I think that's
17 probably necessary for us to evaluate the effect of this
18 agreement and whether or not we're going to continue to
19 pursue this case.
20 THE COURT: All right. So you're assuming that the
21 agreement also provides that the Government will not
22 prosecute these other individuals? That's what your
23 assumption is?
24 MR. EDWARDS: Yes, Your Honor.
25 THE COURT: Do you have any information to -- upon

28
Page 19
1 which you make that conclusion, or is that just an
2 assumption?
3 MR. EDWARDS: That is all just, you know, the
4 discussions that we've had with various individuals, law
5 enforcement, clients, things like that. And putting it
6 together, that's what we believe is a portion of this
7 agreement. If I'm wrong about that, one of the U.S.
8 Attorneys on the phone can probably correct me. But that's
9 my belief.
10 THE COURT: All right. Well, assume they're just
11 mentioned in the agreement in some way. And I'm not sure how
12 or why they would be mentioned. But assume they're mentioned
13 in the agreement, but there's no agreement by the Government
14 not to prosecute them. Is there any reason for you to have
15 their names if it's other than for the purpose of finding out
16 the extent to which the Government has agreed not to
17 prosecute Mr. Epstein and other individuals?
18 MR. EDWARDS: That's a tough question for me to
19 answer without knowing in what context those individuals are
20 listed. However, I just renew my previous argument that I do
21 believe they're intertwined, and I think that, once again, if
22 we get a version of this plea agreement without the portions
23 that pertain to these other individuals, then we could
24 possibly be in the same position where we are not sure as to
25 the full extent of the protection allowed under this

28
Page 20
1 agreement. That would be -- without knowing how they're
2 mentioned, I can't voice any other objection to not getting
3 those portions but I could certainly foresee where, you know,
4 we're not going to get out of it what we're asking.
5 THE COURT: All right. Well, again, I didn't
6 understand the Government to want to redact the entire
7 provisions that relate to these individuals. I understood
8 that they just wanted to redact their names.
9 Am I correct, Ms. Villafana?
10 MS. VILLAFANA: Yes.
11 THE COURT: Okay. So if you were given the
12 agreement with these names redacted but you saw the context
13 in which they were listed, and then, after seeing the
14 agreement and the context in which their names were
15 mentioned, if it presented a problem to you that they were
16 being withheld, couldn't you then just, you know, file
17 another motion for disclosure of the names after you've had
18 an opportunity to, you know, evaluate whether or not there's
19 any real need for you to get these names?
20 MR. EDWARDS: Okay. We could do that at that time,
21 Your Honor.
22 THE COURT: All right. Anything else that anybody
23 wants to add to what -- our discussion?
24 MR. EDWARDS: One more thing, Your Honor. This is
25 Brad Edwards.
28
Page 21
1 Same topic. My clients are currently in a position
2 where they may be speaking to local law enforcement regarding
3 certain issues pertaining to this case, and if we are unable
4 to have access to the other named people in this agreement,
5 it may put them at a disadvantage in terms of whether or not
6 it would be in their benefit to speak with other law
7 enforcement about this case. I mean, certainly if there's
8 individuals who have been given immunity in this agreement,
9 then it would only be to the disadvantage of my clients to
10 continue to try to pursue criminal charges.
11 So in that regard, that would be my only objection
12 to not having the names of these other individuals.
13 THE COURT: All right. Well, again, you're
14 assuming that there's some kind of immunity or deferral of
15 prosecution --
16 MR. EDWARDS: That's correct.
17 THE COURT: -- given to people other than
18 Mr. Epstein, correct?
19 MR. EDWARDS: That's correct.
20 THE COURT: Okay. And that's something that would
21 be clear once you got the agreement and you read it, and if
22 the names were -- you know, if that was apparent in the
23 agreement, then you could come back and ask me to require the
24 disclosure of the names.
25 MR. EDWARDS: Okay. That sounds fair.

28
Page 22
1 THE COURT: All right. Mr. Lee or Ms. Villafana,
2 did you have anything else you wanted to add?
3 MS. VILLAFANA: Well, Your Honor, I guess I will
4 just tell the Court this. It does indeed contain language
5 related to that issue. So I don't know if you want to make
6 Mr. Edwards jump through that hurdle or if you want to make
7 that decision now.
8 THE COURT: All right. So you're telling me that
9 there is some language in the agreements that does obligate
10 the Government to not prosecute individuals other than
11 Mr. Epstein?
12 MS. VILLAFANA: Correct.
13 THE COURT: All right. So if that's true, why
14 should the victims not know who those people are?
15 MS. VILLAFANA: Your Honor, I guess my concern
16 really relates to disclosure. And if your protective
17 order -- or I don't know if you need a written protective
18 order or an ore tenus order, limit Mr. Edwards to disclosing
19 it only to his clients and to his co-counsel, then I don't
20 think that we would have a basis to object.
21 THE COURT: Again, with the right for them to come
22 back and ask for the ability to disclose it beyond that
23 limited group at a later time after Mr. Epstein has an
24 opportunity to be heard?
25 MS. VILLAFANA: Right.

28
Page 23
1 THE COURT: Again, Mr. Edwards, do you have any
2 problem with that procedure, you know, you're permitted to
3 disclose -- the names of these individuals who are also
4 getting the benefit of a non-prosecution agreement would be
5 disclosed to you under the terms of the protective order
6 without prejudice to you being able to, in any litigation
7 that ensues, seeking to disclose it beyond the limited group?
8 MR. EDWARDS: No, Your Honor, that's fine.
9 THE COURT: All right. Well, then I'm going to
10 order the Government to produce the agreement and any addenda
11 to Mr. Epstein -- Mr. Edwards in this case, and it would be
12 available also to any other individuals who have been
13 identified by the United States as victims in connection with
14 the investigation of Mr. Epstein, subject to a protective
15 order. Which, I'm going to ask the parties to try and work
16 on the language of a protective order to submit to me that
17 would prohibit disclosure to anyone other than Mr. -- to the
18 victim, or victims' counsel, without prejudice to the victims
19 seeking the ability to disclose it beyond that limited group
20 after Mr. Epstein has an opportunity to be heard on further
21 disclosure.
22 MR. EDWARDS: Okay. Thank you, Your Honor.
23 MR. LEE: This is Dexter Lee.
24 Very well, Your Honor. We appreciate your time.
25 THE COURT: All right. So is there any questions

28
Page 24
1 about it? Is there anything unclear about what I'm ordering?
2 And I'm also -- okay. And the names of the --
3 there will be no redaction in the agreements, but any victim
4 has to -- who gets notice of this has to agree to be bound by
5 the protective order until further order of the Court.
6 MS. VILLAFANA: Your Honor, this is Marie
7 Villafana.
8 Just to be clear, we are not under an obligation to
9 advise the victims of this, but if the victim asks for a copy
10 of the document, this is the procedure that we'll follow?
11 THE COURT: Well, I'm not going to tell you whether
12 you have any obligation under the Act to disclose this or
13 not. I don't want to get into that. I don't know that you
14 do, but I don't want to say that you don't. So if you have
15 an independent obligation to disclose this to victims under
16 the Act, then -- then I'm not telling you not to do it.
17 MS. VILLAFANA: Okay. But your order isn't
18 ordering us to do it. We will have to make our evaluation.
19 THE COURT: I'm only ordering it to be available to
20 victims, and the -- and then you have to decide whether
21 you're obligated under the Act to disclose it to anyone else
22 who falls into that category.
23 MS. VILLAFANA: Okay. Thank you, Your Honor.
24 THE COURT: All right. Thank you.
25 VOICES: Thank you, Your Honor.

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Page 25
1 THE COURT: Have a good day.
2 (Proceedings concluded.)
3 * * * * *
4 CERTIFICATE
5 I, Stephen W. Franklin, Registered Merit Reporter, and
6 Certified Realtime Reporter, certify that the foregoing is a
7 correct transcript from the record of proceedings in the
8 above-entitled matter.
9 Dated this 20th day of AUGUST, 2008.
10
11 _____________________________
Stephen W. Franklin, RMR, CRR
12
13
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morning (2) 10:19 11:8 probably (5) 3:17 4:2 15:5 18:17 19:8 saying (2) 6:2 9:4 23:18,18 24:9,15,20
motion (2) 2:25 20:17 problem (3) 16:17 20:15 23:2 says (3) 4:20,21 15:7 view (5) 5:6,23 12:20 14:9 16:11
procedure (2) 23:2 24:10 scheduled (1) 2:21 viewing (1) 5:19
proceed (1) 2:25 sealed (1) 5:20 Villafana (28) 1:17 2:14 7:15 9:3,3,7,9,18 10:3,14
N second (1) 16:22
proceedings (3) 16:23 25:2,7 11:1,4,18 16:8,19 17:24,25 20:9,10 22:1,3,12
name (1) 7:12 process (1) 5:19 secrecy (1) 17:20 22:15,25 24:6,7,17,23
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20:8,12,14,17,19 21:12,22,24 23:3 24:2 prohibit (1) 23:17 seeking (3) 4:5 23:7,19 VOICES (2) 2:3 24:25
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necessary (1) 18:17 prosecution (1) 21:15 sent (2) 13:18 15:20
need (11) 2:22 3:6,13 8:15 10:15 12:6 16:3,25 September (1) 11:22 W
protect (3) 4:18 6:12 18:7
17:3 20:19 22:17 protection (2) 6:16 19:25 situation (1) 4:15 W (3) 1:19 25:5,11
needed (1) 2:24 protective (15) 8:10,25 12:20 13:23 14:21,25 soon (1) 6:21 want (12) 4:7 5:17 6:7 7:22 12:21 13:13 15:9 20:6
negotiated (1) 11:21 15:24 16:1,12 22:16,17 23:5,14,16 24:5 sorry (3) 9:9,16 10:25 22:5,6 24:13,14
night (2) 10:19 11:8 protects (1) 18:10 sounds (1) 21:25 wanted (2) 20:8 22:2
non-prosecution (5) 8:3,5 13:12 18:3 23:4 provide (2) 9:1 13:9 SOUTHERN (1) 1:1 wants (1) 20:23
notice (4) 10:11 13:19 15:20 24:4 provided (2) 10:11,17 speak (3) 2:7,17 21:6 wasn't (1) 3:2
notification (1) 13:25 provides (2) 18:3,21 speaking (4) 2:18,19 12:9 21:2 way (1) 19:11
notified (1) 16:10 provision (2) 8:2,5 specifically (1) 14:23 West (2) 1:7,20
notify (1) 8:6 provisions (1) 20:7 stand (1) 3:5 we'll (2) 14:19 24:10
number (1) 2:5 public (15) 5:18,22 6:3,18,21 7:20 8:7,17 9:1,14 state (1) 2:6 we're (10) 2:16 3:12 7:11 12:10,14,17 16:7 18:18
9:21,22 10:7 12:20 17:22 States (5) 1:1,6 2:13 12:1 23:13 20:4,4
O publicly (1) 8:12 status (2) 2:21 10:12 we've (3) 3:15 5:25 19:4
purported (1) 10:9 statute (1) 15:20 wholly (1) 18:14
object (1) 22:20 step (1) 4:6 wish (2) 5:9 8:16
objection (3) 17:14 20:2 21:11 purportedly (1) 4:18
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obligate (1) 22:9 purposes (2) 5:9 6:10
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obligated (2) 7:21 24:21 subject (7) 8:19 9:19,19 14:21,25 16:12 23:14 witnesses (2) 17:5,6
obligation (3) 24:8,12,15 pursue (2) 18:19 21:10
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obligations (1) 9:13 submitted (3) 3:2,7 11:25 worked (1) 12:12
obviously (2) 12:11 17:5 putting (1) 19:5
subpoena (1) 15:13 working (1) 11:5
occurred (1) 11:24 subsequent (1) 8:18 wouldn't (1) 17:11
October (1) 11:23 Q sufficient (1) 3:11 written (1) 22:17
office (1) 15:13 question (3) 13:1 14:2 19:18 Suite (1) 1:20 wrong (2) 18:2 19:7
Official (1) 1:19 questions (1) 23:25 supposed (1) 18:7
okay (18) 2:8 7:2,10 9:16 10:1,4 11:14 14:2,14 quite (2) 3:2 10:25 sure (5) 3:2,9 15:9 19:11,24
15:8 20:11,20 21:20,25 23:22 24:2,17,23 Y
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opportunity (7) 10:13 14:9 15:1 16:2 20:18 22:24 read (1) 21:21 taken (1) 3:13 0
23:20 real (3) 14:2 15:6 20:19 talk (1) 14:19
order (32) 2:1,21,24 3:25 4:15 5:14 7:23 8:3,10,25 really (1) 22:16 talking (2) 13:17 18:5 08-80736-CIV-MARRA (2) 1:3 2:5
9:6 10:6 12:20 13:7,23 14:21,25 15:6,16,24 Realtime (1) 25:6 tell (2) 22:4 24:11
16:1,12 22:17,18,18 23:5,10,15,16 24:5,5,17 reason (12) 5:17,20,21 7:20 13:4 14:3,7,16,20 telling (2) 22:8 24:16 1
ordering (4) 15:8 24:1,18,19 16:14,24 19:14 tenus (1) 22:18 1 (3) 2:5,9 14:8
ore (1) 22:18 reasonable (1) 15:16 term (1) 13:13 14 (1) 1:7
original (1) 12:5 reasons (1) 15:15 terms (3) 3:6 21:5 23:5
overwhelming (1) 5:21 received (2) 11:12 13:25 Thank (4) 23:22 24:23,24,25
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PACER (1) 15:7 redaction (1) 24:3 12:13 15:4,17 18:4,8,16 19:21 22:20 2007 (1) 11:22
Palm (2) 1:7,20 refer (1) 13:15 thought (1) 2:24 2008 (2) 1:7 25:9
part (6) 5:20 11:22 12:2,16 13:21 18:16 reference (1) 14:23 three (3) 12:2,19 13:15
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Paul (2) 1:15 2:10 3
regarding (1) 21:2 time (17) 3:18,24 4:1,17 6:19,20 10:20 11:9 12:8
pause (1) 16:23 33401 (1) 1:20
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pending (2) 2:25 15:25 relate (1) 20:7 today (1) 10:16
people (6) 13:10 16:15 18:15 21:4,17 22:14 related (1) 22:5 today's (1) 11:5 4
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permit (2) 13:23 15:21 released (2) 5:9 16:13 topic (1) 21:1
permitted (1) 23:2 relevance (1) 6:8 total (1) 18:7
person (1) 15:18 5
relevant (3) 10:18,24 11:13 tough (1) 19:18
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pertaining (1) 21:3 rely (1) 3:8 trouble (2) 2:16 9:7
Petitioner (2) 1:4,15 remain (1) 14:25 true (1) 22:13 6
Petitioners (2) 8:9 12:21 remedy (1) 3:19 try (5) 2:7,17 15:13 21:10 23:15
phone (1) 19:8 6(e) (1) 9:14
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Plaintiffs (2) 2:25 3:5 reporter (5) 1:19,19 2:18 25:5,6 turning (1) 3:23
plan (1) 5:2 represent (2) 5:23 6:4 two (1) 14:7 7
play (1) 6:15 representing (1) 7:8 701 (1) 1:20
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point (13) 3:18,24 4:1,4,17 6:19,20 11:12 15:4,8 requiring (1) 5:5 unclear (1) 24:1
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portion (7) 10:17,21,22,24 11:9,13 19:6 respect (1) 16:10 understanding (2) 11:14 13:19
portions (7) 7:19 11:15 12:4,23 13:3 19:22 20:3 respond (1) 10:14 understood (2) 17:22 20:7
position (9) 3:5 4:10 7:22 8:21 11:15 12:14 17:23 Respondent (2) 1:7,17 undoubtedly (1) 6:15
19:24 21:1 rest (1) 7:20 undue (1) 5:13
possibly (1) 19:24 restricted (1) 7:17 unfair (1) 17:8
potential (1) 13:20 review (1) 8:15 unilaterally (2) 7:18,23
preclude (2) 8:11 16:20 right (31) 2:4,15 3:17 4:3,22 6:1 7:1,2,10,14 9:2 United (5) 1:1,6 2:13 12:1 23:13
prefer (1) 5:11 12:22,25 14:14 15:17 16:20,22 18:8,20 19:10 use (3) 5:10 6:4,6
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preliminary (1) 4:6 rights (4) 4:11 10:11 15:20 16:10
preparation (1) 11:4 RMR (2) 1:19 25:11 V
prepared (3) 10:15,16 12:19 road (1) 13:6
present (2) 5:5 8:23 v (1) 1:5
role (1) 6:15 various (1) 19:4
presented (1) 20:15 Rule (1) 9:13
press (1) 9:15 version (2) 18:12 19:22
ruling (1) 3:14
11
GOVERNMENT
EXHIBIT
V
11
RFP MIA 000369

11
RFP MIA 000370

11
RFP MIA 000371

11
RFP MIA 000372

11
11
RFP MIA 000374

11
RFP MIA 000375

11
RFP MIA 000376

11
RFP MIA 000377

11
RFP MIA 000378

403 Unsealed Epstein Depositions Etc

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Case 9:08-cv-80736-KAM Document 403 Entered on FLSD Docket 06/02/2017 Page 1 of 5

UNITED STATES DISTRICT COURT

CASE NO. 08-80736-CIV-MARRA

JANE DOE 1 AND JANE DOE 2,

RESPONDENT’S NOTICE OF FILING EXHIBITS IN SUPPORT OF OPPOSITION

Motion for Summary Judgment:

GOVERNMENT SUMMARY JUDGMENT EXHIBITS

Exhibit Number Item

A Letter from James Eisenberg, Esq. to AUSA A. Marie Villafaña,

B DOJ Office of Enforcement Operations approval of testimonial

C Transcript of April 24, 2007 Interview of Jane Doe 2

D December 21, 2007 letter from Jay Lefkowitz, Esq. to United

E August 4, 2006 victim letter to Jane Doe 2

F August 11, 2006 victim letter to Jane Doe 1

G Epstein appeal letters to DOJ Child Exploitation & Obscenity

H May 15, 2008 letter from CEOS to Jay Lefkowitz

K November 28, 2007 letter from Kenneth Starr to Alice Fisher

L December 11, 2007 letter from Lefkowitz to Acosta

M Attorney General Guidelines for Victim and Witness

N November 27, 2007 email, Jeffrey Sloman to Lefkowitz

O December 26, 2007 letter, Lefkowitz to Acosta

P Complaint, E.W. v. Epstein (Jane Doe 1)

Q Complaint, L.M. v. Epstein (Jane Doe 2)

R FBI Special Agent E. Nestbitt Kuyrkendall Declaration

S AUSA A. Marie Villafaña Declaration

T July 11, 2008 Hearing Transcript

U August 14, 2008 Hearing Transcript

V Letters to Deputy Attorney General Filip from Epstein attorneys

By: /s/ Dexter A. Lee

/s/ A. Marie Villafaña

/s/ Eduardo I. Sánchez

Attorneys for the Government

on the attached service list using CM/ECF.

/s/ Dexter A. Lee

Attorneys for Jane Doe 1 and Jane Doe 2

Attorneys for Intervenor Jeffrey Epstein

Attorneys for the United States

1 IN nit:: CIRCUIT (()lff< I 0 1 Tllr Flf'TEl:NTM J UDI CIAL U HC:IJTT

9 TRANSCRIP T OF T/\1'1:l> ~T'AT CM[NT OF l

1 (Taped statement as follows:)

16 Q. Where di d you go lO high schoo11

70 Q. And wha t year di d you gradua te?

2S Q. what year wcrc you suppo~,l:'d to qr.tduate, your

.l hop~fu11 y, ,ind that woul d be grc,lt, but 1 don't

4 Q. Where e lse arP. you wor'ki n~J?

8 THI:: WlTN ESs: system cl ~~ni ng .

Q. Are you wo r king in ,1 " offi n.• there or do you go

17 Q. obviously, you know why w~' re here and what we

l. c-., you to ·1 ~ffrf'y?

.l A. My girlfriend, Carolyn, introduced me to

3 Q. Do you know her last name?

11 Q. Su Cilrolyn introduced you to him . was it at a

13 A. No. she came to me and she s~id hey , would you

• /.007 - 0tl -25 rx,

11 A. sh~ ~did ~om~timcs he l ikes topl ess massages,