STARTS

U.S. Department of Justice

United States Attorney
Southern District of New York

The Silvio J. Mollo Building
New York, New York 10007

July 31, 2019

CONFIDENTIAL

Martin Weinberg, Esq.
Boston, MA 02116

Reid Weingarten, Esq.
Michael Miller, Esq.
Stepcoe & Johnson, LLP
New York, NY 10036

Marc Fernich, Esq.
New York, NY 10019

## Re: United States v. Jeffrey Epstein, 19 Cr. 490 (RMB)

Dear Counsel:

Please note that the Government is designating this letter as Confidential pursuant to the Protective Order in the above-referenced case. This letter provides discovery pursuant to Rule 16(a) of the Federal Rules of Criminal Procedure ("Fed. R. Crim. P."), and seeks reciprocal discovery. '

## Disclosure by the Government

Based on your request for discovery in this case, enclosed please find copies of the materials listed in the index below, which materials are stamped with control numbers USA° 000001 through USA() 004518:

In addition to information provided herein, please note that this Office periodically posts content on social media platforms including Twitter, Facebook and YouTube. Members of the public may post comments in response to the Office's postings. We do not control these user-generated comments, nor do we monitor or regularly review such comments. You may directly access these social media platforms in the event you believe someone may have posted information relevant to this case.

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<table><tr><th>Description</th><th>Bates Range</th></tr><tr><td>American Ex ress Records</td><td>USAO 000001-USAO 000041</td></tr><tr><td>Apple Records</td><td>USAO 000042-USAO 000043</td></tr><tr><td>Database Searches &amp; Property Records</td><td>USAO 000044-USAO 000964</td></tr><tr><td>Deutsche Bank Records</td><td>USA° 000965-USAO 002252</td></tr><tr><td>Epstein Arrest</td><td>USA° 002253-USAO 002278</td></tr><tr><td>Florida Search Warrant Photos</td><td>USAO 002279-USAO 0026432</td></tr><tr><td>Florida Search Warrant Walkthrough Video</td><td>USA° 002644-USAO 0026523</td></tr><tr><td>Google Records</td><td>USA° 002653-USAO 002660</td></tr><tr><td>Microsoft Records</td><td>USAO 002661</td></tr><tr><td>2019.07.06 &amp; 2019.07.07 Search Photos</td><td>USA° 002662-USAO 0034994</td></tr><tr><td>2019.07.11 Inventory Search Photos</td><td>USA° 003500-USA0 003509</td></tr><tr><td>2019.07.11 Search Photos</td><td>USAO_003510-USAO_0041755</td></tr><tr><td>Applications &amp; Warrants</td><td>USA° 004176-USAO 004380</td></tr><tr><td>Reports &amp; Logs</td><td>USAO 004381-USAO_004445</td></tr><tr><td>SORNA materials</td><td>USAO 004446-USAO 004505</td></tr><tr><td>Travel Records</td><td>USA° 004506-USAO 004518</td></tr></table>

As noted in footnotes 2 through 5, the Government is designating certain of portions of these materials as Confidential pursuant to the Protective Order in this Case.

2 Please note that the Government is designating the pages of these materials stamped with the following control numbers as Confidential under the Protective Order: USAO_002416, USAO_2451, USAO_002452, USA_002509, USAO_002530, USA0_002531, USAO_002532, USAO 002533, USAO 002535, USAO 002536, USAO_002541, USAO 002542, USAO_002543, USAO_002547, USAO_002548, USAO 002566, USAO_002575, USAO_002578, USAO_002579, USAO_002580, USAO_002581, and USAO_002624.

3 Please note that the Government is designating the pages of these materials stamped with the following control numbers as Confidential under the Protective Order: USAO_002650 and USAO 002651.

4Please note that the Government is designating the pages of these materials stamped with the following control numbers as Confidential under the Protective Order: USAO_002817, USAO_002822, USAO_002824, USAO _002826, USAO_002827, USAO_002833, USAO _002848, USAO_002849, USAO_002858, USAO_002859, USAO_002933, USAO_002934, USAO_003142, USAO 003148, USAO 003153, USAO_003154, USAO _003155, USAO_003156, USAO:003157, USAO:003177, USAO_003179, USAO _003192, USAO_003193, USAO_003276, USAO_003300, and USAO _003327.

5 Please note that the Government is designating the pages of these materials stamped with the following control numbers as Confidential under the Protective Order: USAO_003729, USAO _003742, USAO_004029, and USAO_004092.

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If you wish to inspect any of the physical evidence referenced in these materials, including items listed on search inventories, please let us know, and we will make arrangements for you to do so.

The defendant also made oral statements when he was arrested on or about July 6, 2019. Notes memorializing those statements are included in this production and are marked with control number USAO 002273.

The Government recognizes its obligations under Brady v. Maryland, 373 U.S. 83 (1963), and its progeny. Pursuant to those obligations, we are disclosing the information below. This disclosure should not be taken to indicate that the Government believes the enclosed information constitutes Brady material. Rather, we make this disclosure in an abundance of caution. Specifically, the Government discloses the following:

• The victim identified in the Indictment as "Victim-1" received a grand jury subpoena from the Southern District of Florida ("SDFL") in or about 2008. However, Victim-1 was never interviewed by law enforcement, including the West Palm Beach Police Department, Federal Bureau of investigation ("FBI") or SDFL in connection with their investigation, and Victim-1 did not testify before the grand jury in SDFL. Victim-1 was first interviewed by law enforcement regarding Jeffrey Epstein in or about 2019, after FBI agents from the New York Field Office working with this Office approached Victim1. The victims identified in the Indictment as "Victim-2" and "Victim-3" we both interviewed by law enforcement in connection with the SDFL investigation in or around 2007. Please note that all three of these victims are currently represented by counsel.

• During an interview with FBI agents in West Palm Beach, Florida in or around 2007, the victim identified in the Indictment as "Victim-2" stated that during her first contact with the defendant, she told the defendant that she had just turned eighteen, when in fact she was younger than eighteen at the time. In subsequent interviews, Victim-2 has told law enforcement that the first time she met Epstein, she told him that she was 16, when in fact she was younger than sixteen. Victim-2 further stated that she brought other victims to the defendant's residence for sexualized massages. She initially told these victims that they should tell the defendant that they were older than they in fact were. Over time, however, Victim-2 stopped telling other victims this because she came to understand that the defendant had a specific preference for underage girls.

• During the Palm Beach Department's investigation of the defendant in 2005, a witness ("Witness-1") disclosed to detectives that the defendant had paid Witness-1 to bring girls for sexualized massages, and that the defendant told her: "the younger the better." Witness-1 described bringing multiple girls who were under the age of eighteen to the defendant's residence in Florida. Witness-1 recalled bringing a girl who was over eighteen, and that the defendant told Witness-1 that this girl was too old. Witness-1 remarked of the defendant: "He likes the girls that are between the ages of 18 and 20." Witness-1 is represented by Rita Glavin, Esq.

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Government will provide material under Giglio v. United States, 405 U.S. 150, 154 (1972), and its progeny, in a timely manner prior to trial and consistent with the schedule agreed upon by the parties or set by the Court.

## Disclosure by the Defendant

In light of your request for discovery in this case, the Government hereby requests reciprocal discovery under Fed. R. Crim. P. 16(b). Specifically, we request that you allow inspection and copying of: (1) any books, or copies or portions thereof, which are in the defendant's possession, custody or control, and which the defendant intends to introduce as evidence or otherwise rely on at trial; and (2) any results or reports of physical or mental examinations and of scientific tests or experiments made in connection with this case, or copies thereof, which are in the defendant's possession or control, and which the defendant intends to introduce as evidence or otherwise rely on at trial or which were prepared by a witness whom the defendant intends to call at trial.

The Government also requests that the defendant disclose prior statements of witnesses he will call to testify. See Fed. R. Crim. P. 26.2; United States v. Nobles, 422 U.S. 225 (1975). We request that such material be provided on the same basis upon which we agree to supply the defendant with 3500 material relating to Government witnesses.

## Sentence Reduction for Acceptance of Responsibility

This Office will oppose the additional one-point reduction under the Sentencing Guidelines available for defendants who plead prior to the Government's initiation of trial preparations pursuant to U.S.S.G. § 3E1.1(b), in the event your client has not entered a plea of guilty six weeks prior to trial. We will follow this policy whether or not suppression or other pretrial motions remain outstanding after this date and even if the trial date has not been announced by the Court six weeks in advance of the trial.

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Finally, please be advised that pursuant to the policy of this Office concerning plea offers, no plea offer is effective unless and until made in writing and signed by authorized representatives of the Office. In particular, discussions regarding the pretrial disposition of a matter that are not reduced to writing and signed by authorized representatives of the Office cannot and do not constitute a "formal offer" or a "plea offer," as those terms are used in Lafier v. Cooper, 132 S. Ct. 1376 (2012); Missouri v. Fiye, 132 S. Ct. 1399 (2012).

Very truly yours,
GEOFFREY S. BERMAN
United States Attorney

The image shows a signature followed by "by:". Below, there are blacked-out sections, with the text "Assistant United States Attorneys" visible.

Enclosure

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