Honorable Mark Filip = May 19, 2008 ; Page 5 In fact, recent testimony of several alleged “victims” contradicts claims made by federal prosecutors during the negotiations of a deferred prosecution agreement. The consistent representations of key Government witnesses (such as Tatum Miller, Brittany Beale, Saige . Gonzalez, and Jennifer Laduke) confirm the following critical points: First, there was no communication, telephonic or otherwise, that meets the requirements of § 2422(b). For instance, | Ms. Gonzalez confirmed that Mr. Epstein never emailed, text-messaged, or used any facility of interstate commerce whatsoever, before or after her one (and only) visit to his home. Gonzalez Tr. (deposition) at 30. Second, the women who testified admitted that they Hed to Mr. Epstein about their age in order to gain admittance into his home. Indeed, the women who brought their underage friends to Mr. Epstein testified that they would counsel their friends to lie about their . ages as well. Ms. Miller stated the following: “I would tell my girlfriends just like Carolyn approached me. Make sure you tell him you’re 18. Well, these girls that I brought, I know that ' they were 18 or 19 or 20. And the girls that I didn’t know and I don’t know if they were lying or not, I would say make sure that you tell him you're 18.” Miller Tr. at 22. Third, there was no routine or habit of improper communication expressing an intent to transform a massage into an iliegal sexual act, In fact, there was often no sexual activity at all during the massage. Ms. Miller testified that “[s]ometimes [Mr. Epstein] just wanted his feet massaged. Sometimes he just wanted a back massage.” Miller Tr. at 19. Jennifer Laduke also stated that Mr. Epstein “never touched fher] physically” and that all she did was “massage[ ] his back, his chest and his thighs and that was it.” Laduke Tr. at 12-13. Finally, there was no force, coercion, fraud, violence, drugs, or even alcohol present in connection with Mr. Epstei