[GRADE A1 -- EFTA01245765, EFTA01301594, EFTA00091979, EFTA01301613, EFTA01301611, EFTA01307727, EFTA00159104, EFTA01250701, EFTA01340457, DOJ-OGR-00018559, DOJ-OGR-00012975]
On July 6, 2019, the FBI executed an initial search warrant at 9 East 71st Street. On July 11, 2019, a second warrant was executed at 2:35pm. Upon entering the residence, agents observed that items previously located within a safe were missing.
The Delacruz Interview (EFTA01245765): SA [redacted] interviewed Merwin Delacruz, who identified himself as the "property manager." Delacruz stated: "on 07/07/2019 at approximately 11:00am, he was instructed by RICHARD KAHN (KAHN) to pack EPSTEIN's valuables from his safe and bring them to his residence nearby." Delacruz identified Kahn as "Epstein's chief financial officer (CFO). He stated 'He's the money guy.'"
Delacruz packed items including "various passports, notebook binders, envelopes, and jewelry boxes" into two suitcases -- one blue (secured by combination locks) and one black canvas. Delacruz transported them to Kahn's residence and "left them in the dining room. KAHN was out of state at the time DELACRUZ entered the apartment. DELACRUZ would not provide KAHN's address."
[V2.0 -- Full FD-302 text now available]
SA Kelly Maguire contacted Kahn by phone during the search warrant execution on July 11, 2019. Delacruz placed the call on speakerphone. The FD-302 records:
"KAHN added his attorney ANDREW TOMBACK (TOMBACK) to the call. TOMBACK advised that he was KAHN's legal counsel and worked at White & Case LLP."
"TOMBACK advised that DELACRUZ brought two suitcases to his client's residence. TOMBACK advised that KAHN had not opened nor tampered with the suitcases and did not have any knowledge of the contents."
"TOMBACK advised that KAHN would immediately bring the suitcases back and turn them over to Special Agent (SA) Maguire. TOMBACK advised that he did not want law enforcement officials to come to KAHN's residence."
"KAHN stated that he would return the bags within twenty (20) to thirty (30) minutes."
Critical detail: "SSA Sean Watson contacted TOMBACK and asked who instructed KAHN to remove the items from the residence. TOMBACK advised that he preferred not to answer that question at that time."
"KAHN arrived at the location approximately 30 minutes later, roughly an hour after officials entered the residence pursuant to the search warrant. SA Maguire took custody of the suitcases and provided KAHN a Receipt for Property FD-597 form, which KAHN also subsequently signed."
"The suitcases were inventoried and secured in a safe at the FBI New York Operations Center (NYOC)."
Additional detail: "The blue suitcase combination for the locks was 301."
[V2.0 -- Consolidated from DOJ-OGR-00018559, DOJ-OGR-00012975, and EFTA01301594]
FBI Agent Maguire testified under oath at the Maxwell trial (DOJ-OGR-00018559): "I observed that all of the items that are in this photograph that I had previously seen were missing."
The FD-302 (EFTA01301594) authored by SA Brian S. Mitchell and SA Kelly Maguire records: "SA Kelly Maguire made contact with RICHARD KAHN (KAHN) who advised that the house manager MERWIN DELACRUZ (DELACRUZ) on 07/07/2019 packed JEFFREY EPSTEIN (EPSTEIN)'s belongings from his safe using one (1) black and one (1) blue suit case and transported the items to KAHN's residence in close proximity to EPSTEIN's residence. KAHN advised that he had not opened the suitcases nor knew what their contents were."
[V2.0 -- EFTA01301613, EFTA01301611 -- Full text now available]
FBI Collected Item Log #1 (EFTA01301613):
Items from blue suitcase:
FBI Collected Item Log #2 (EFTA01301611):
Items from suitcases:
[V2.0 -- Full amended inventory now available]
On July 31, 2019, FBI Special Agents completed a thorough review and amended inventory of the two suitcases:
Black Suitcase:
Blue Suitcase:
Total documented cash in suitcases: approximately $89,783 + $632 Euros.
Total CDs/DVDs: approximately 126 discs across 6 binders.
[V2.0 -- EFTA01340457, EFTA01250701]
The FBI cover sheet (EFTA01250701) documents: "copy of Handwritten contact information for Richard Kahn, his attorney Andrew Tomback, and property manager Merwin Delacruz, and (1) original signed FD-597 form."
On July 2, 2022, Andrew Tomback emailed the prosecution team (EFTA01340457): "My son brought the article below to my attention. Did the agent testify inaccurately that I was Epstein's attorney or did the Post incorrectly report her testimony? (As you know I represented Richard Kahn and never met nor represented Epstein.)"
Tomback's post-trial clarification establishes two critical facts: (1) media misidentified him as Epstein's attorney when he was Kahn's personal counsel, and (2) Kahn had retained separate legal representation distinct from the Epstein legal team -- a decision consistent with anticipating personal criminal exposure.
WHAT THIS SHOWS AND DOES NOT SHOW: The complete FBI evidence chain establishes: (a) Kahn instructed Delacruz to pack Epstein's safe the morning after the initial search (July 7), (b) Delacruz independently confirmed to the FBI that Kahn was "the money guy" and "CFO," (c) Kahn retained his own attorney (Tomback, White & Case) within the three-way phone call, (d) when asked who instructed Kahn to remove items, Tomback declined to answer, (e) Kahn returned 126 CDs/DVDs, 48 diamonds, ~$90K cash, 2 hard drives, a fake Austrian passport, and 5 expired US passports within 30 minutes, (f) the FBI's own log categorizes the case as "CHILD SEX TRAFFICKING" and lists "Collected From: Richard Kahn." The testimony does NOT identify who ultimately instructed the removal -- Tomback's refusal to answer leaves this open. However, the sequence constitutes the elements of evidence tampering under 18 USC 1503/1512 regardless of who gave the initial instruction, because Kahn returned the items only after being informed of the search warrant.