EPSTEIN
page 6 / 12675 . OCR, unverified
Fl. Stat. 796.03 states: "A person who procures for prostitution, or causes to be prostituted, any person who is
under the age of 18 years commits a felony of the second degree . . ."
Fl. Stat. 777.011 states: "Whoever commits any criminal offense against the state, whether felony or
misdemeanor, or aids, abets, counsels, hires, or otherwise procures such offense to be committed, and such
offense is committed or is attempted to be committed, is a principal in the first degree and may be charged,
convicted, and punished as such, whether he or she is or is not actually or constructively present at the
commission of such offense."
Mr. Epstein's counsel state that Section 796.03 applies only to procuring a minor to engage in a sex act with a
third party, not with the defendant himself, relying on Kobel v. State, 745 So.2d 979, 982 (Fla. 4th DCA 1999),
and Register v. State, 715 So.2d 274, 278 (Fla. 1st DCA 1998). They also assert that a commercial motive must
be shown.
Please consider whether the following facts are sufficient to prove a violation of Section 796.03, when read in
conjunction with Section 777.011:
From at least as early as 2001 through October 2005, the defendant, Jeffrey Epstein, procured at
least 30 identified minor females between the ages of 14 and 17 in Palm Beach County to come to
his home in Palm Beach to engage in sexual conduct in exchange for money. In particular, the
defendant would pay females, including minors, $200 to recruit other females, including minors, to
come to his house to engage in sexual activity. The minors who were procured would receive
between $200 and $1,000 depending upon the type of sexual activity that they engaged in. Several
victims have stated that, when they were unwilling to engage in sexual activity with the defendant,
the defendant would ask them to bring other girls instead, and promised to pay them $200 for each
girl whom they brought. Mr. Epstein would regularly ask his recruiters to find new girls for him
because he wanted "fresh faces."
In some instances, the defendant did not know the correct age of the minor female who was
procured as a prostitute, but in more than half of the instances he did. For example, the defendant
purchased gifts for some girls for their 18th birthdays, promised to send them on trips when they
turned 18, talked with them about activities at their high schools; and provided transportation for
those who could not drive.
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The sexual activity the defendant engaged in with the minor females included: requiring minor
females to perform topless or nude massages while the defendant masturbated himself; fondling the
breasts and vaginas of the minor females; digital penetration of the vaginas of minors; the use of a
massaging device on the vaginas of minors; requiring a minor female to pose for nude photographs;
requiring minor females to watch others (including the defendant) engage in sexual intercourse;
requiring minor females to fondle the breasts of the defendant's adult female companion; performing
oral sex on minor females; requiring minor females to perform oral sex on the defendant's adult
female companion; and sexual intercourse with minor females. There are four minor females who
engaged in vaginal intercourse with the defendant in exchange for money. None of the minor
females who was brought to Mr. Epstein's house had ever engaged in prostitution prior to being
procured by one of Mr. Epstein's recruiters.
Assistant U.S. Attorney
500 S. Australian Ave, Suite 400
West Palm Beach, FL 33401
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----------------------------------------
From:
To:
Subject: FW: Epstein
Date: Tue, 27 Nov 2007 19:17:08 +0000
Importance: Normal
FYI — Please see below.
Assistant U.S. Attorney
500 S. Australian Ave, Suite 400
West Palm Beach, FL 33401
Phone
Fax
From•
Sent: Tuesday, November 27, 2007 1:55 PM
To: Jay Lefkowitz
Cc: Acosta, Alex (USAFLS)
Subject: Epstein
Jay,
Please accept my apologies for not getting back to you sooner but I was a little under the weather yesterday. I
hope that you enjoyed your Thanksgiving.
Regarding the issue of due diligence concerning Judge Davis' selection, I'd like to make a few observations. First,
Guy Lewis has known for some time that Judge Davis was making reasonable efforts to secure Aaron Podhurst
and Bob Josephsberg for this assignment. In fact, when I told you of Judge Davis's selection during our meeting
last Wednesday, November 21.st, you and Professor Dershowitz seemed very comfortable, and certainly not
surprised, with the selection. Podhurst and Josephsberg are no strangers to nearly the entire Epstein defense
team including Guy Lewis, Lili Ann Sanchez, Roy Black, and, apparently, Professor Dershowitz who said he knew
Mr. Josephsberg from law school. Second, Podhurst and Josephsberg have long-standing stellar reputations for