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Case 22-1426, Document 77, 06/29/2023, 3536038, Page46 of 258
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Case 1:20-cr-00330-AJN Document 204-3 Filed 04/16/21 Page 44 of 348

2. May 2006: The USAO Accepts the Case and Opens a Case File

On May 23, 2006, Villafaña prepared the paperwork to open a USAO case file. Villafaña told OPR that several aspects of the case implicated federal interests and potentially merited a federal prosecution: (1) the victimization of minors through the use of facilities of interstate commerce (the telephone and airports); (2) the number of victims involved; (3) the possibility that Epstein had been producing or possessing child pornography (suggested by the removal of the computer equipment from his residence); and (4) the possibility that improper political pressure had affected the State Attorney Office’s handling of the case. The investigation was named “Operation Leap Year” because the state investigation had identified approximately 29 girls as victims of Epstein’s conduct.²⁰

Villafaña told OPR that from the outset of the federal investigation, she understood that the case would require a great deal of time and effort given the number of potential victims and Epstein’s financial resources. Nonetheless, Villafaña was willing to put in the effort and believed that the FBI was similarly committed to the case. Villafaña discussed the case with her immediate supervisor, who also “thought it would be a good case” and approved it to be opened within the USAO’s file management system, and on May 23, 2006, it was formally initiated.

3. July 14, 2006: Villafaña Informs Acosta and Sloman about the Case

Because Villafaña was not familiar with Epstein, she researched his background and learned that he “took a scorched earth approach” to litigation. Villafaña was aware that Epstein had hired multiple lawyers to interact with the State Attorney’s Office in an effort to derail the state case, and she believed he would likely do the same in connection with any federal investigation.

Therefore, Villafaña arranged to meet with U.S. Attorney Alexander Acosta and Jeffrey Sloman, who at the time was the Criminal Division Chief.²¹ Villafaña told OPR that she had never before asked to meet with “executive management” about initiating a case, but the allegations that Epstein had improperly influenced the State Attorney’s Office greatly troubled her. Villafaña explained to OPR that she wanted to ensure that her senior supervisors were “on board” with the Epstein investigation. In addition, she viewed Sloman as a friend, in whom she had particular confidence. At this point, although Villafaña’s immediate supervisor was aware of the case, Villafaña did not inform Andrew Lourie, who was then in charge of the West Palm Beach office and her second-line supervisor, about the matter or that she was briefing Acosta and Sloman.

Villafaña met with Acosta and Sloman in Miami on July 14, 2006. She told OPR that at the meeting, she informed them that the PBPD had identified a group of girls who had provided to

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²⁰ Villafaña opened “Operation Leap Year” during the same month in which the Department launched its “Project Safe Childhood” initiative, and Acosta designated Villafaña to serve as the USAO’s Project Safe Childhood coordinator.

²¹ Although Acosta had been formally nominated to the U.S. Attorney position on June 9, he was not confirmed by the Senate until August 3, 2006, and was not sworn in until October 2006. In September 2006, Acosta announced the appointments of Sloman as FAUSA and Matthew Menchel as Chief of the USAO’s Criminal Division, and they assumed their respective new offices in October 2006.

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