The Epstein Chronicles podcast

The USVI And Their Motion To Exclude JP Morgan's Expert Witnesses (Part 1) (10/31/26)

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On August 18, 2023, the government of the United States Virgin Islands filed a memorandum in the Southern District of New York seeking to exclude expert testimony presented by JPMorgan Chase in the civil lawsuit concerning the bank's financial relationship with Jeffrey Epstein. The USVI argued that three experts retained by JPMorgan, Kimberly Mehlman-Orozco, Joseph Fonseca, and Carlyn Irwin, offered opinions that were unreliable, irrelevant, unsupported by sufficient evidence, or outside their professional qualifications. The government was particularly critical of Mehlman-Orozco, who presented herself as a human trafficking expert despite what the filing characterized as limited academic training and practical experience in the field. Her proposed testimony included claims suggesting that some minors could voluntarily participate in commercial sex without being trafficked, a position the USVI argued directly contradicted federal sex trafficking law. Prosecutors also challenged her opinions concerning banking regulations, suspicious activity reports, and JPMorgan's internal compliance practices, noting that she acknowledged lacking expertise in financial regulations. Additionally, the government accused her of introducing an unsupported theory of secondary exploitation that appeared designed to discredit trafficking survivors, their attorneys, and the government's motivations for bringing the lawsuit. The USVI maintained that allowing such testimony would confuse the jury and improperly introduce legal interpretations and speculative allegations under the guise of expert analysis.

The memorandum also challenged the proposed testimony of retired FBI agent Joseph Fonseca, who sought to minimize the importance of financial records and suspicious activity reports in investigations involving sex trafficking. The USVI emphasized that Fonseca admitted during his deposition that he had never used suspicious activity reports during his FBI career and had not even understood what they were before JPMorgan hired him for the litigation. According to the filing, his limited familiarity with banking documentation made him unqualified to speculate about whether financial information supplied by JPMorgan could have assisted investigators pursuing Epstein. The government similarly attacked forensic economist Carlyn Irwin's proposed testimony concerning tax benefits awarded to Epstein's businesses through the Virgin Islands Economic Development Commission. Irwin had criticized the territory's oversight of those benefits and suggested that their approval could have involved an improper exchange between Epstein and government officials. However, the USVI argued that she lacked experience with territorial tax programs, had not conducted an independent fraud investigation, and possessed no evidentiary foundation for suggesting improper motives by public officials. The government maintained that JPMorgan was attempting to redirect responsibility toward Virgin Islands authorities while introducing speculative testimony that did not address the bank's alleged participation in and financial benefit from Epstein's trafficking operation. Citing Federal Rule of Evidence 702 and the standards established in Daubert, the USVI asked Judge Jed Rakoff to exclude the three experts' opinions entirely or substantially restrict their testimony before trial.



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