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Marie Villafana And Her Defense Of The NPA (Part 1) · The Vault: The Epstein Files

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  Speaker 1: What's up, everyone, and welcome to another episode of the
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  Epstein Chronicles. In this episode, we're going to take a
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  look at Marievilla Fauna's declaration when it comes to the
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  CVRA case number zero A Dash eight zero seven three
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  six Dash SIV, Dash, Mara, Matthewman, Jane Do one and
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  Jane Do two Petitioners verse, United States Respondent Declaration of
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  Marievilla Fauna in support of government's response and opposition to
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  petitioner's motion for partial summary judgment and cross motion for
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  some rey judgment. I, Marievilla Fauna, do hereby declare that
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  I am a member in good standing of the Bar
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  of the State of Florida. I graduated from the University
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  of California at Berkeley School of Law in ninety three.
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  After serving a judicial clerk to the Honorable David F.
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  Levi in Sacramento, California. I was admitted to practice in
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  California in ninety five. I am also admitted to practice
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  in all courts of the States of Minnesota and Florida,
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  the eighth, eleventh, and Federal Circuit Courts of Appeals, and
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  the U. S. District Court for the Southern District of Florida.
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  The District of Minnesota and the Northern District of California.
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  My barred mission status in California and Minnesota is currently inactive.
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  I am currently employed as an assistant United States Attorney
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  in the Southern District of Florida, and was so employed
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  during all of the events described here in I am
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  the assistant United States Attorney who was assigned to investigation
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  of Jeffrey Epstein for purposes of US Code eighteen, Section
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  thirty seven seventy one A five. I was the attorney
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  for the government, although as discussed below, no federal criminal
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  charges wherever filed and there was no case as that
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  term is used in the statute. I have previously filed
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  two declarations, and this declaration repeats some of the information
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  contained in the earlier declarations. Four case reference. The federal
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  investigation at Jeffrey Epstein was handled by the FBI, and
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  the federal investigation was initiated in two thousand and six
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  at the request of the Palm Beach Police Department. In
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  delegations at Jeffrey Epstein and his personal assistants had used
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  facilities of interstate commerce to induce young girls between the
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  ages of thirteen and seventeen to engage in prostitution, amongst
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  other offenses. Although the U s Attorney's Office for the
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  Southern District of Florida opened the matter to conduct an
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  investigation and to evaluate a possible prosecution, the office never
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  accepted the matter for federal prosecution. That is, the office
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  never authorized the presentation of a proposed indictment to a
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  federal grand jury or the filing of any federal charge
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  in a criminal complaint or information, and no case was
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  ever filed. Throughout the investigation, the FBI's Victim Witness Specialist
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  and I prepared and provided victim notification letters. Letters to
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  reported victims were prepared in early in the investigation and
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  subsequently delivered as each of those victims was contacted. The
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  victim notification letters that were sent early in the investigation
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  were sent to individuals who had been identified as potential
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  victims of EPSTEIN, but whom the investigative team had not
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  yet interviewed and had not necessarily determined were in fact
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  victims of a federal offense or came under the protection
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  of the CVRA. For example, the US Attorney's Office letters
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  were hand delivered by FBI agents to Jane do one
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  and Jane Do two on dates subsequent to the dates
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  of their letters. At the time those letters were sent,
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  determinations had not yet been made that Jane Do one
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  and Jane Do two were in fact victims of federal
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  offense or came under the protection of the CVRA. Nonetheless,
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  the investigative team and I adopted an approach of providing
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  more notice and assistance to potential victims than the CVRA
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  may have required, even before circumstances of those individuals had
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  been fully investigated and before any charging decision had been made.
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  My letters to Jane Do one and Jane Do two
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  notified them of their rights under the CVRA, including the
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  right to confer with me and the right to see
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  counsel with respect to their CVRA rights. My letters also
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  contained my direct dial telephone number and the direct dial
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  telephone number of the case agent, Nesbit Kirkandahl, and the
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  telephone number for the Justice Department's Office for Victims Crimes.
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  Both Jane Do one and Jane Do two also received
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  letters from the FBI's victim Witness specialists, which were sent
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  on January tenth, two thousand and eight. Neither Jane Do
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  one nor Jane do two ever contacted me to discuss
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  the investigation, potential charges, or resolution of the matter, or otherwise.
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  If they had, I would have been happy to discuss
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  the matter and provide their comments, concerns, or desires to
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  my superiors. I never declined any victim request to confer
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  regarding any aspect of the investigation. A subpoena was issued
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  to Jane Do two for testimony in Docum t MINS
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  in September two thousand and six. Within a few days,
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  I was contacted by Attorney James Eisenberg, who informed me
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  that he was representing Jane Doe number two. Mister Eisenberg
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  also informed me that Jane Doe two would not provide
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  testimony or appear for a consensual interview unless the US
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  Attorney's Office obtained court ordered use immunity for Jane Doe
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  two pursuant to US Code eighteen, Section six zero zero one.
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  I had several oral and written communications with mister Eisenberg
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  asking him if Jane Doe two would appear under the
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  protection of a standard cast of guard letter, but he
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  told me that Jane Do two would only appear if
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  statutory immunity pursuant to US Code eighteen, Section six thousand
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  and one was received. For example, in my letter of
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  January twenty fourth, two thousand and seven, I confirmed my
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  earlier conversation where mister Eisenberg had advised that Jane Doe
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  two intended to invoke the Fifth Amendment if questioned, and
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  that she was unwilling to speak to the investigative team
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  sue into a cast of guard letter. In the same
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  letter on January twenty fourth, two thousand and seven, I
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  raise concerns regarding whether mister Eisenberg had a conflict of
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  interest as noted in Jane Doe two's declaration, mister eisenberg
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  fees were paid by Jeffrey Epstein, the target of the investigation.
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  In response, mister Eisenberg wrote the attached letter dated February first,
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  two thousand and seven. Mister Eisenberg stated that it was
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  the attitude of the US Attorney's Office, in which the
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  office refuses to accept the fact that is Jane do
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  two's decision not to cooperate with a government that upsets her.
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  Mister Eisenberg also assured me that there is no conflict
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  of interest in his representation of Jane do two. In
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  this case, I have always been asked and always will
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  exercise independent judgment to follow my client's independent will. Despite
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  his express misgivings about the Palm Beach Police Department's handling
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  of its investigation, mister Eisenberg stated that one of the
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  above is directed at you personally. I want you to
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  repeat that you have always treated us with respect. In
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  light of mister Eisenberg's representations that there was no conflict
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  of interest, and in light of his clearest statements that
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  he represented Jane do two, I cannot directly contact or
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  confer with Jane Doe two without running a foul of
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  the Florida Bar Rules and us CO twenty eight Section
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  five point thirty B. I continue to converse with mister
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  Eisenberg about having Jane Doe two appear for a voluntary interview,
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  which continuously delayed the investigation to that end. On February fifth,
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  two thousand and seven, I provided mister Eisenberg with two
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  proposed cast of guard letters that I felt should assure
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  Jane do two that she was being interviewed only as
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  a witness and a potential victim. At Jane Doe two's request,
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  I also prepared office paperwork to obtain authorization for childcare
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  while Jane do two was interviewed on February twelfth, two
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  thousand and seven. After another conversation in which mister Eisenberg
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  reiterated Jane do twos in ten to invoke her Fifth
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  Amendment privilege and Jane DO two's refusal to testify without
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  six thousand and one immunity, mister Eisenberg provided, at my
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  request a letter detailing Jane DO two's concerns regarding testifying
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  without immunity. In that letter, mister Eisenberg reiterated that Jane
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  do two will refuse to voluntarily cooperate with the federal government.
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  Jane do two thereafter denied being involved in, or as
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  a victim of, any criminal activity, and made statements to
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  exonerate Jeffrey Epstein, including Epstein never touched mister Epstein in
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  a sexual way and mister Epstein never touched Jane do
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  two at all. At one point, mister Epstein did ask
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  Jane do two her age. Jane do two insisted she
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  was eighteen years old. Describing Jane do two's position, mister
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  Eisenberg wrote, we believe no crime was committed. Just to
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  interject here, Eisenberg was hired by Epstein to manipulate the
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  situation and turn it into what it was. Based upon
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  the profit letter provided by mister Eisenberg, in March of two,
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  one thousand and seven, I prepared a request for authorization
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  to apply for a compulsion order seeking immunity pursuing the
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  US Code eighteen, section six zero zero one through six
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  zero zero three for Jane DO two. On April thirteenth,
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  two thousand and seven, Bruce C. Schwartz, Deputy Assistant Attorney General,
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  approved the request on behalf of Aleis Fischer, Assistant Attorney General.
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  I then applied to the court for an order compelling
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  Jane Doe two's testimony. District Judge Middlebrooks granted the application
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  on April sixteenth, two thousand and seven. After learning of
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  Judge Middlebrooks order, mister Eisenberg asked whether Jane DO two
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  could appear for an interview rather than provide formal testimony,
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  pursuing to heur subpoena so that he could be present.
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  On April twenty fourth, two thousand and seven, Jane DO
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  two was interviewed. The interview was videotaped. During the interview,
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  Jane DO two again denied being involved in or a
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  victim of any criminal activity, and made statements meant to
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  exonerate Jeffrey Epstein. Jane do two also informed me that
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  the FBI agents who were present that she hoped nothing
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  happens to Epstein because he is an awesome man, and
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  that she believed it was a shame that he has
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  to go through this because he was an awesome guy
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  and he didn't do nothing wrong. Other than that interview,
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  I had no direct contact with Jane Doe two during
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  the course of the investigation. Jane do two never contacted
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  me at all, either directly or through mister Eisenberg, whether
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  seeking information, requesting to confer with me, or regarding the investigation,
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  charging decisions or the resolution of the matter, or complaining
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  that she was not being treated with fairness and respect.
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  In light of other evidence and witness statements, the investigative
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  team considered Jane do two's exculpatory statements to be false. Nonetheless,
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  those statements precluded us from including her as a victim
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  who would be referenced in any federal indictment. Despite this,
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  in light of the team's general approach to try and
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  go above and beyond in turn terms of caring for
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  the victims, I continued to treat her as a victim
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  in that Vein shortly after the non prosecution Agreement was signed,
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  I contacted mister Eisenberg to ask whether he still represents
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  Jane do two. Mister Eisenberg stated that he did. I
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  then told him that we would soon be making victim
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  notifications and as mister Eisenberg whether I could send the
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  notification directly to Jane do two or if it had
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  to be served through him. Mister Eisenberg instructed that any
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  victim notification should be sent to him, as I explained
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  in further detail below. After the NPA was signed, mister Epstein,
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  through his council, made several attempts to avoid having to
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  perform the obligations that he had undertaken in the NPA.
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  Several of those attacks alleged prosecutorial misconduct by me and
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  Epstein's attorneys used my efforts to provide a post NPA
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  signing victim notification to Jane do two as evidence of
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  that claim misconduct. In response to mister lefkowitz runeous allegations
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  against Jane Doe two and myself, on December thirteenth, two
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  thousand and seven, I sent a response to mister Lefkwitz,
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  defending myself and Jane Doe number two. All right, folks,
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  we're gonna wrap up right here with episode one. In
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  the next episode, we're gonna pick up where we left
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  off with the declaration of Marie Villa Fauna. All of
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  the information that goes with this episode can be found
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  in the description box.