EFTA00235326

JANE DOE #1 AND JANE DOE #2'S MOTION FOR FINDING OF VIOLATIONS OF THE CRIME VICTIMS' RIGHTS ACT AND REQUEST FOR A HEARING ON APPROPRIATE REMEDIES CASE NO: 0840736-Civ-Marra/Johnson EXHIBIT A Filed Under Seal EFTA00235326 C) To < cc "alikUSAFLS1r bcc 09/12/2007 03:44 PM Subject Jeffrey Epstein Jay —lavas nice seeing you again. -.Nand I tallced with Alex and We are all satisfied in principle with the agreement, but the Office is uncomfortable with the recommended federal charge. Specifically, we are concerned about the effect of taking the position that Mr. Epstein's house is in the special maritime and territorial jurisdiction of the United States, and we have no evidence of any assaults occurring either on Mr. Epstein's plane or offshore from his residence. We are hoping that you can find an alternative federal statute that can be used. I also will wait to hear from Jack Goldberger to discuss logistics. Thank you. I- Assistant U.S. Attorney West Palm Beach, FL 33401 US_Atty_Cor_001 EFTA00235327 To "Jay Lelkowile cc usdo Egov, bcc 09/13/2007 07:27 PM Subject RE: Hi Jay -- Yes, I am. I have been spending some quality time with Title 18 looking for misdemeanors. Do you want to take a look at 18 USC 403, 18 USC 1512(d), and 47 EEC 223(a)(1)(B) and we can talk about them tomorrow? I know that someone mentioned there being activity on an airplane, I just want to make sure that there is factual basis for the plea that the agents can confirm. I'm not sure exactly where I will be tomorrow morning, so is it alright if I call you? Have a good evening. 33401 Original Message From: Jay Lefkowitz fmailto: 2007 7:21 PM To: Sentil rl . (USAFLS) ll13, Subject: The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and US_Atty_Cor_002 EFTA00235328 0 destroy this communication and all copies thereof, including all attachments. * • fa * • US_Atty_Cor_003 EFTA00235329 To "Jay Lelkovatt cc bee 09119/2007 12:14 PM Subject RE: Meeting Judge Johnson has duty next week. Jay — !hate to have to be firm about this, but we need to wrap this up by Monday. I will not miss my indictment date when this has dragged on for several weeks already and then, if things fall apart, be left in a less advantageous position than before the negotiations. I have had an 82-page pros memo and 53-page indictment sitting on the shelf since May to engage in these negotiations. There has to be an ending date, and that date is Monday. Villqfcrifa MS Attorney SAFLS\)" Sent: 09/19/2007 11:51 AM AST To: Jay Letkowitz Subject: Meeting is available Monday morning. Our most flexible West Palm Beach magistrate is on duty on Monday, so, assuming we have signed documents by 1:30 or so, we should be able to get Mr. Epstein arraigned on Monday. I doubt that we will be able to get everything finished up here, get down to Miami, and try to find a Miami mag by close of business on Monday. US_Atty_Cor_004 EFTA00235330 To "Jay Le&ovate cc bce Q9/14t2007 09:55 SubOct Pile documents AM Hi Jay — I'm not sure which of those e-mail addresses is correct Here are drafts of the plea agreement and information. They have not yet been blessed by Miami, but they have approved of prior similar drafts, so these should be close to what is needed. My home e-mail is You also can get me over the weekend on my cell phone at <<infomuttion charging 1512 and 113.pdf>> <<OLY Plea Agreement v4 1512 and 113 violations.pdf>> Regards, Assistant U.S. Attorney West Palm Beach, FL 33401 Information charging 1512 and 113.pdt OLY Plea Agreement v4 1512 and 113 vlolatlons.pdf US_Atty_Cor_005 EFTA00235331 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA D CASE NO. 18 U.S.C. § 1512(dX2) 18 U.S.C. § 113(aX5) UNITED STATES OF AMERICA vs. JEFFREY EPSTEIN, R Defendant. The United States Attorney charges that: COUNT I In or around October 2005, in Palm Beach County, in the Southern District of Florida, and elsewhere, the defendant, JEFFREY EPSTEIN, F did intentionally harass another person, that is, Jane Doe #I, in an attempt to delay, prevent, and dissuade Jane Doe #1 from reporting to a law enforcement officrer of the United States the commission of a federal offense; in violation of Title 18, United Slat]g lode, Sections 1512(O2) and 2. COUNT 2 In or around 2005, in the special territorial jurisdiction of the United States, that is, in an aircraft owned by a United States citizen while in flight over the high seas, and elsewhere, US_Atty_Cor_006 EFTA00235332 the defendant, JEFFREY EPSTEIN, did kno ly commit a simple assault on a person who was over the age of 16 years, that is, M.; in violat • Title IS, United States Code, Section 113(aX5). R. ALEXANDER AC UNITED STATES ATTORNEY VILLAFARA ASSISTANT UNITED STATES ATT F T 2 US_Atty_Cor_007 EFTA00235333 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case 1'0'0. UNITDATES OF AMERICA vs. JEFFREY EPSTEIN, Defendant. R, PLEA AGREEMENT The United States Attorney for the Southern District of Florida ("the United States"), and Jeffrey Epstein (hereinafter referred to as thitfendant") enter into the following agreement 1. The defendant agrees to plead guilty to the Information which charges the defendant as follows: Count 1 charges that the defendant intentionally harassed another person, that is, Jane Doe #1, in an attempt to delay, prevent, and dissuade J ill from reporting to a law enforcement officer of the United States the commission of a federal offense; in violation of Title 18, United States Code, Sections 1512(d)(2) and 2; and Count 2 charges that the defendant, while in an airplane over the high seas, did knowingly commit a simple assault on a person who was T over the age of 16 years, that is, M.; in violation of Title 18, United States Code, Secti 2. The defendant is aware that the sentence will be imposed by the Court after I I 3(aX5). considering the Federal Sentencing Guidelines and Policy Statements (hereinafter Page 1 of 7 US_Atty_Cor_008 EFTA00235334 "Sentencing Guidelines"). The defendant acknowledges and understands that the Court will compute an advisory sentence under the Sentencing Guidelines and that the applicable guideli ill be determined by the Court relying in part on the results of a Pre-Sentence Investi by the Court's probation office, which investigation will commence after the guilty plea has been entered. The defendant is also aware that, under certain circumstances, the Court may depart from the advisory sentencing guideline range that it has computed, and may raise or lower that advisory so ft under the Sentencing Guidelines. The defendant is further aware and understands that the Court is required to consider the advisory guideline range determined under the Sentencing Guidelines, but is not bound to impose that sentence; the Court is permitted to tailor the ultimate sentence in light of other statutory concerns, and such sentence may be either more seven or less re than the Sentencing Guidelines' advisory sentence. Knowing these facts, the defendant understands and acknowledges that the Court has the authority to impose any sentence within and up to the statutory maximum authorized by law for the offenses identified in paragraph 1 and the defendant may not withdraw the plea solely as a result of the sentence imposed. 3. The defendant further understands and acknowledges that, as to Count 1 of the Information, the Court may impose a statutory maximwn term of imprisonment of up to one (I) year, to be followed by a term of supervised release of up to a maximum of f (I) year. In addition to terms of imprisonment and supervised release, the Court may impose a fine of up to $100,000. The defendant further understands and acknowledges that, as to Count 2 of the Information, the Court may impose a statutory maximum term of imprisonment of up to Page 2 of 7 US_Atty_Cor_009 EFTA00235335 six (6) months, to be followed by a term of supervised release of up to a maximum of one (1) year. In addition to terms of imprisonment and supervised release, the Court may impose a fine of $100,000. The defendant further understands and acknowledges that, in addition to any sentence imposed under paragraph 3 of this Agreement, a special assessment in the amount of $50 will be imposed on the defendant, which must be paid at or before the time of sentencing. 5. R The defendant understands that the Court will order that he must pay full restitution to all victims of the offense to which he is pleading guilty. The defendant understands that the amount of restitution owed to each victim will be determined at or before sentencing. A 6. The parties agree to jointly recommend that the defendant receive a sentence of eighteen (18) months' imprisonment, to be followed by two (2) years of supervised release; and a fine of $200,000. 7. The defendant agreesthat,ifanyoftheviictimsidentiAbdinthefederal investigation file suit pursuant to 18 U.S.C. § 2255, the defendant will not contest the jurisdiction of the U.S. District Court for the Southern District of Florida over his person and/or the subject matter, and the defendant will not contest that the identified victims are persons who, while mi noT, e victims of violations of Title 18, United States Code, Sections(s) 2422 and/or 2423. The hod States agrees to provide the defendant's attorneys with a list of the identified victims, which will not exceed forty, after the defendant has signed this agreement and has been sentenced. The United Page 3 of 7 US_Atty_Cor_001 EFTA00235336 States further agrees to make a motion with the United States District Court for the Southern District of Florida for the appointment of a guardian ad litem for the identified victims and the defendant's counsel contact the identified victims through that guardian. The defendant agrees to plead guilty (not nolo contendere) to an Information filed by the Palm Beach County State Attorney's Office charging an offense for which the defendant must register as a sex offender, that is, solicitation of minors to engage in prostitution, in violation of Fl. Stat. 796.03. The defendant agrees tha d the Palm Beach County State Attorney's Office will make a joint, binding recommended the Court impose a sentence of at least thirty (30) months, to be divided as follows: (a) the defendant shall begin by serving at least twenty (20) months in prison, without any opportunity for wit olding adjudication or sentencing, and without probation or oammu • ct of in lieu of imprisonment; and (b) following the term of imprisonment, the defendant shall serve ten (10) months of community control/home confinement with electronic monitoring. 9. The defendant agrees to waive all challenges to the s tation filed by the State H Attorney's Office and to waive the right to appeal his conviction anJ entence in the state court. 10. The defendant agrees that he will provide to the U.S. Attorney's Office copies of all proposed agreements with the Palm Beach County State Attorney's Office prior to entering into those agreements. 11. The United States reserves the right to inform the Court and probation office of all facts pertinent to the sentencing process, including all relevant information concerning the offenses committed, whether charged or not, as well as concerning the Page 4 of 7 US_Atty_Cor_0011 EFTA00235337 defendant and the defendant's background, and to respond to any questions from the Court and the Probation Office and to any misstatements of fact or law. Subject only to the express terms agreed-upon sentencing recommendations contained in this Agreement, this Office reserves the right to make any recommendation as to the quality and quantity of punishment. 12. The defendant is aware that the sentence has not yet been determined by the Court. The defendant also is a any estimate of the probable sentencing range or sentence that the defendant may receive, whether that estimate comes from the defendant's attorney, the government, or the probation office, is a prediction, not a promise, and is not binding on the government, the probation office or the Court. The defendant understands further that any recommendation that the govern r rnakes to the Court as to sentencing, whether pursuant to this agreement or otherwise, is not binding on the Court and the Court may disregard the recommendation in its entirety. The defendant understands and acknowledges, as previously acknowledged in paragraph 2 abov the defendant may not withdraw his plea based upon the Court's decision no accept a sentencing recommendation made by the defendant, the government, or a recommendation made jointly by both the defendant and the government. 13. WAIVER OF RIGHT TO APPEAL AND COLLATERALLY ACK THE SENTENCE. The defendant is aware that Title 18, United States Code, Section 3742 affords the defendant the right to appeal the sentence imposed in this case. Acknowledging this, in exchange for the undertakings made by the United States in this plea agreement, the Page 5 of 7 US_Atty_Cor_0012 EFTA00235338 defendant hereby waives all rights conferred by Section 3742 to appeal any sentence imposed, including any restitution order, or to appeal the manner in which the sentence was k) ess the sentence exceeds the maximum permitted by statute or is the result of imposeiw an upw parture or upward variance from the guideline range that the Court establishes at sentencing. The defendant further voluntarily and expressly waives, to the maximum extent permitted by federal law, the right to collaterally attack his sentence in any post- conviction proceeding, including a on on any ground brought under 28 U.S.C. § 2254, 28 U.S.C. § 2255, 18 U.S.C. § 3572, or 18 U.S.C. § 3771. The defendant further understands that nothing in this agreement shall affect the government's right and/or duty to appeal as set forth in Title 18, United States Code, Section 3742(b). However, if the United States appeals the defendant's sentence pursuant to Section 374 the defendant shall be released from the above waiver of appellate rights. By signing this agreement, the defendant acknowledges 1.,34., that he has discussed the appeal waiver set forth in this agreement with his attorney. 14. If the defendant fails in any way to fulfill each on • obligations under this Plea Agreement, the United States, and only the United States, elect to be released from its commitments under this Plea Agreement. If the United States elects to void the Plea Agreement because of a breach by the defendant, then the United States agrees not to use the defendant's guilty plea against him. However, the United States mayprosecute'i efendant for any and all Federal crimes that he has committed related to this case and may seek any sentence for such crimes up to and including the statutory maximums. The defendant expressly waives any statute of limitations defense and any constitutional or statutory speedy Page 6 of 7 US_Atty_Cor_001 3 EFTA00235339 To "Joy Letkowite cc 1.9CAS bcc 09114/2007 09:57 AM Subject RE: Follow up Sorry, Jay. I just got this and have to run off to the hospital. I will revise and re-email you tomorrow or late tonight. anti!!!!ll'orne West Pa Be Original Message From: Jay Lefkowitz Sent: Fricia September 19, To: . (USAFLS) Subject: Follow up or ******* *************** **** ***** * ****** * ** ***** ******* The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited • US_Atty_Cor_0014 EFTA00235340 this and may be unlawful. If you have received immediately communication in error, please notify us by land.com, return e-mail or by e-mail to postmaster@kirk and s thereof, destroy this communication and all copie including all attac hment s. US_Atty_Cor_001 5 EFTA00235341 To cc a Vie .cony bcc 09/15/2007 03:16 Subject JE negotiations PM rx A A• alr • Hi Jay — Sorry to trouble you over the weekend. Here are the revised documents with the 403 charge. I have otten some negative reaction to the assault charge with as the victim, since she is considered one of the mate perpetrators of the offenses that we planned to charge in the indictment. Can you talk to Mr. Epstein about a young woman name We have hearsay evidence that she traveled on Mr. Epstein's airplane when she was under 18, in around the 2000 or 2001 time frame. That falls outside the statute of limitations, but perhaps we could construct a 371 conspiracy around that? Let me know what you think. Thank you. •c•c< OM sot EOM on c rgIng±t(fl_id 113.pffLs_ va lieen archived by user 'CommonStore/IT/Kirkland-Ellis' on '11/26/2007 01:07:11r >>> «.< Attachment 'OLY Plea Agreement v5 403 and 113 violations.odf has been archived by userSommonStore/117Kbkland-Ellie on '11/26/2007 01:07:57'. >>> US_Atty_Cor_0016 EFTA00235342 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA D CASE NO. 18 U.S.C. § 403 18 U.S.C. § 113(a)(5) UNITED STATES OF vs. JEFFREY EPSTEIN, Defendant. sr A INFORMATION The United States Attorney charges that: COUNT In or around August 2006, in Palm Beach CoF, in the Southern District of Florida, and elsewhere, the defendant, JEFFREY EPSTEIN, did knowingly and intentionally violate the privacy protection acco tb y 18 U.S.C. § 3509 to a child victim, that is, Jane Doe #1; in violation of Title 18, United Sta ode, Sections 403 and 2. COUNT 2 In or around 2005, in the special territorial jurisdiction of the United States, that is, in an aircraft owned by a United States citizen while in flight over the high seas, and elsewhere, the defendant, JEFFREY EPSTEIN, US_Atty_Cor_001 7 EFTA00235343 did imowingly commit a simple assault on a person who was over the age of 16 years, that is, U; in violation of Title 18, United States Code, Section 113(a)(5). D It. ALEXANDER ACOSTA UNITED STATES AT. ASSISTANT UNI' ATES ATTORNEY A F T 2 US_Atty_Cor_0018 EFTA00235344 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA D Case No. UNITED STATES OF AMERICA vs. JEFFREY EPSTEIb Defend PLEA AGREEMENT The United States Attorney fo e Southern District of Florida ("the United States"), and Jeffrey Epstein (hereinafter re d to as the "defendant") enter into the following agreement 1. The defendant agrees to plead guilty to the Information which charges the defendant as follows: Count 1 charges that theFfendant knowingly and intentionally violated the privacy protection accorded to child victims by 18 U.S.C. § 3509; in violation of Title 18, United States Code, Sections 403 and 2; and Count 2 charges that the defendant, while in an airplane over the high seas, did knowingly commit l on a person who was over the age of 16 years, that is, in violation of Title 18, United States Code, Section 113(aX5). 2. The defendant is aware that the sentence will be imposed by the Court after considering the Federal Sentencing Guidelines and Policy Statements (hereinafter Page 1 of 7 US_Atty_Cor_0019 EFTA00235345 "Sentencing Guidelines"). The defendant acknowledges and understands that the Court will compute an advisory sentence under the Sentencing Guidelines and that the applicable guidelityll be determined by the Court relying in part on the results of a Pre-Sentence Investigation by the Court's probation office, which investigation will commence after the guilty plea has been entered. The defendant is also aware that, under certain circumstances, the Court may depart the advisory sentencing guideline range that it has computed, and may raise or lower isory sentence under the Sentencing Guidelines. The defendant is further aware and understands that the Court is required to consider the advisory guideline range determined under the Sentencing Guidelines, but is not bound to impose that sentence; the Court is permitted to tailor the uisentence in light of other statutory concerns, and ir such sentence may be either more severe or less severe than the Sentencing Guidelines' advisory sentence. Knowing these facts, the defendant understands and acknowledges that the Court has the authority to impose any senten in and up to the statutory maximum authorized by law for the offenses identified in paragraph 1 and that the defendant may not withdraw the plea solely as a result of the sentence imposed. 3. The defendant further understands and acknowledt es that, as to Count 1 of the Information, the Court may impose a statutory maximum term of nprisonment of up to one (1) year, to be followed by a term of supervised release of up to a maximum of one (1) year. In addition to terms of imprisonment and supervised release, the Court may impose a fine of up to $100,000. The defendant further understands and acknowledges that, as to Count 2 of the Information, the Court may impose a statutory maximum term of imprisonment of up to Page 2 of 7 US_Atty_Cor_0020 EFTA00235346 six (6) months, to be followed by a term of supervised release of up to a maximum of one (1) year. In addition to terms of imprisonment and supervised release, the Court may impose a fine of D$100,000. 4. The defendant further understands and acknowledges that, In addition to any sentence imposed under paragraph 3 of this Agreement, a special assessment in the amount of $50 will be impog on the defendant, which must be paid at or before the time of sentencing. 5. The defendant understands that the Court will order that he must pay full restitution to all victims of the offense to which he is pleading guilty. The defendant understands that the amount of resAon owed to each victim will be determined at or before sentencing. 6. The parties agree to jointly recommend that the defendant receive a sentence of eighteen (18) months' imprisonment, to be T red by two (2) years of supervised release; and a fine of $200,000. 7. The defendant agrees that, if any of the victims identified in the federal investigation file suit pursuant to 18 U.S.C. § 2255, the defendant will not contest the jurisdiction of the U.S. District Court for the Southern District Florida over his person and/or the subject matter, and the defendant will not contest that the identified victims are persons who, while minors, were victims of violations of Title 18, United States Code, Sections(s) 2422 and/or 2423. The United States agrees to provide the defendant's attorneys with a list of the identified victims, which will not exceed forty, after the defendant has Page 3 of 7 US_Atty_Cor_0021 EFTA00235347 signed this agreement and has been sentenced. The United States further agrees to make a motion with the United States District Court for the Southern District of Florida for the appoin of a guardian ad I item for the identified victims and the defendant's counsel may contact the identified victims through that guardian. 8. The defendant agrees to plead guilty (not nolo contendere) to an Information filed by the Palm Be ks County State Attorney's Office charging an offense for which the defendant must regi a sex offender, that is, solicitation of minors to engage in prostitution, in violation of Fl. Stat. 796.03. The defendant agrees that he and the Palm Beach County State Attorney's Office will make a joint, binding recommendation that the Court impose a sentence of at least (30) months, to be divided as follows: (a) the defendant shall begin by serving at least twenty (20) months in prison, without any opportunity for withholding adjudication or sentencing, and without • on or community control in lieu of imprisonment; and (b) following the term of imprisonment, the defendant shall serve ten (10) months of community control/home confinement with electronic monitoring. 9. The defendant agrees to waive all challenges to the Information filed by the State Attorney's Office and to waive the right to appeal his conviction and sentence in the state court. 10. The defendant agrees that he will provide to the U.S. Attorney's Office copies Page 4 of 7 US_Atty_Cor_0022 EFTA00235348 of all proposed agreements with the Palm Beach County State Attorney's Office prior to entering into those agreements. The United States reserves the right to inform the Court and the probation ip office of all facts pertinent to the sentencing process, including all relevant information concerning the offenses committed, whether charged or not, as well as concerning the defendant and the dek dant's background, and to respond to any questions from the Court i and the Probation Of d to any misstatements of fact or law. Subject only to the express terms of any agreed-upon sentencing recommendations contained in this Agreement, this Office further reserves the right to make any recommendation as to the quality and quantity of punishment. 12. A The defendant is aware that the sentence has not yet been determined by the Court. The defendant also is aware that any estimate of the probable sentencing range or sentence that the defendant may receive, whether estimate comes from the defendant's attorney, the government, or the probation office, is a prediction, not a promise, and is not binding on the government, the probation office or the Court. The defendant understands further that any recommendation that the government makes to the Court as to sentencing, whether pursuant to this agreement or otherwise, is not binding T the Court and the Court may disregard the recommendation in its entirety. The defendant understands and acknowledges, as previously acknowledged in paragraph 2 above, that the defendant may not withdraw his plea based upon the Court's decision not to accept a sentencing recommendation made by the defendant, the government, or a recon-unendation made jointly Page 5 of 7 US_Atty_Cor_0023 EFTA00235349 by both the defendant and the government. 13. WAIVER OF RIGHT TO APPEAL AND COLLATERALLY ATTACK THE SIDENCE. The defendant is aware that Title 18, United States Code, Section 3742 affords the defendant the right to appeal the sentence imposed in this case. Acknowledging this, in exchange for the undertakings made by the United States in this plea agreement, the defendant hereby w • all rights conferred by Section 3742 to appeal any sentence imposed, including a Ctitution order, or to appeal the manner in which the sentence was imposed, unless the sentence exceeds the maximum permitted by statute or is the result of an upward departure or upward variance from the guideline range that the Court establishes at sentencing. The defendant ftuthAaluntarily and expressly waives, to the maximum extent permitted by federal law, the right to collaterally attack his sentence in any post- conviction proceeding, including a motion on any ground brought under 28 U.S.C. § 2254, 28 U.S.C. § 2255, 18 U.S.C. § 3572, or 18 U.S.C. 1. The defendant further understands that nothing in this agreement shall affect the governments right and/or duty to appeal as set forth in Title 18, United States Code, Section 3742(b). However, if the United States appeals the defendant's sentence pursuant to Section 3742(b), the defendant shall be released from the above waiver of appellate rights. By signing this agreement, efendant acknowledges that he has discussed the appeal waiver set forth in this agreement with his attorney. 14. If the defendant fails in any way to fulfill each one of his obligations under this Plea Agreement, the United States, and only the United States, may elect to be released from its commitments under this Plea Agreement. If the United States elects to void the Plea Page 6 of 7 US_Atty_Cor_0024 EFTA00235350 Agreement because of a breach by the defendant, then the United States agrees not to use the defendant's guilty plea against hint However, the United States may prosecute the defendant for any Federal crimes that he has committed related to this case and may seek any sentence for such crimes up to and including the statutory maximums. The defendant expressly waives any statute of limitations defense and any constitutional or statutory speedy trial defense to such osecution, except to the extent that such a defense exists as of the date he signs this P1eA Bement. Finally, the defendant understands that his violation of the terms of this Plea Agreement would not entitle him to withdraw his guilty plea. 15. This is the entire agreement and understanding between the United States and the defendant. There are no other a ents, promises, representations, or understandings. Date: By: EL ALTNDER ACOSTA UNII STATES ATTORNEY Date: By: DEFENDANT JEFFREY EPSTEINFr Date: By: JAY LEFKOWITZ, ESQ. ATTORNEY FOR DEFENDANT Page 7 of 7 US_Atty_Cor_0025 EFTA00235351 To "Jay Lefkowitz" cc om> bcc 09/16/2007 08:49 AM Subject Re: JE negotiations litgaiatakte Hi Jay — Sorry -- I didn't get your message until this morning. I will call you at 9:15. If that doesn't work, let me know a better time, otherwise I will just plan to speak to you at 9:15. Thanks. US_Atty_Cor_0026 EFTA00235352 To *Jay Lofkowitz" < cc om> bcc 09/16/2007 09:07 AM Subject Re: JE negotiations Sounds fine. Thanks. Can you e-mail me the number where you want me to call you? US_Atty_Cor_0027 EFTA00235353 To "Jay LeNewer cc cm> bcc 09/16/2007 10:35AM Subject Re: JE negotiations 'PA - 4441 1!"fgerniVig SiAl cUtg0 3"fek?-iatal Hi Jay — I will wait to hear from you before I change the you call documents back to the 1512, but can you tell me when back whether you had any issues with the language of the plea agreement or the information that I sent earlier? Thanks. US_Atty_Cor_0028 EFTA00235354 To •Jay Lolkowitf cc aegmel.com. bce 09116/200711:41 Subiect Re: a negotiations AM lt and Hi Jay — I looked up some 11th Circuit cases on simple assau nt that found some good language. I also learned that, every mome one is aboard an enclosed civil airplane, they are in the "special e is aircraft jurisdiction of the United States," so the assault charg the really a violation of 49 USC 46506, which doesn't change penalties. e of I have drafted up a factual proffer that I would use at the chang ction plea based upon our brief conversation and the agents' intera home. The agents and I would need to speak with Ms. with Ms. and Ms. Groff briefly to confum that these facts are true. Feel free to make suggestions. ne On an "avoid the press" note, I believe that Mr. Epstein's airpla was was in Miami on the day of the Ms. Groff telephone call. If he can file the charg e in the in Miami-Dade County at the time, then I District Court in Miami, which will hopefully cut the press coverage significantly. Do you want to check that out? I will talk to you later. Thanks. <cc< Attachment 'Epstein Plea Proffer.doe hes been archived by user tonunonStoreill7Kiridand-Ellie on '11/28/2007 01:0817'. >>> US_Atty_Cor_0029 EFTA00235355 To "Jay Lefkowitzs cc om> boc 09/16/2007 03:54 PM Subject Re: Hi Jay — This can wait until after the show but my voice is going so I thought I would type it up. I talked to and he still doesn't like the factual baths. In his opinion, the plea should only address the crimes that we were addressing, and we were not investigating Mr. Epstein abusing his girlfriend. So, these are the only options that he recommended: 1. We go back to the original agreement where Mr. Epstein pleads only to state charges and serves his time in the state, except that we can agree to only 18 months imprisonment. 2. Mr. Epstein pleads guilty to the state charges and also pleads to either two obstruction counts or to one count of violating 47 USC 223(aX1)(3), with a joint non-binding recommendation of 18 months, so that Mr. Epstein can serve his time federally. 3. (My suggestion only, not I go back to the U.S. Attorney and ask him to agree to an ABA -plea to a 371 count (conspiracy to violate 2422(b)) with a binding 20-month recommendation so that Mr. Epstein can serve all of his time in a federal facility. Or 4. Mr. Epstein pleads to one obstruction count, and serves part of his time federally and part state. On your other proposed changes, some are fine and some are problematic. Re your paragraph 2: As to timing, it is my understanding that Mr. Epstein needs to be sentenced in the state after he is sentenced in the federal case, but not that he needs to 21 d guilty and be sentenced after serving his federal time. I. recommended that some of the timing issues be addressed only in the state agreement, so that it isn't obvious to the judge that we are trying to create federal jurisdiction for prison purposes. My understanding is that Mr. Epstein should sign a state plea agreement, plead guilty to the US_Atty_Cor_0030 EFTA00235356 a federal offenses, plead guilty to the state offenses, be sentenced on the federal offenses, and then be sentenced on the state offenses, and then start serving the federal sentence. Re your paragraph 3: As to the reservation of Mr. Epstein's right to withdraw his state plea or to appeal his state plea or sentence, that is fine, but we need the caveat that, if he were to do so, the United States could proceed on our charges. Re your paragraph 6: With respect to the waiver of the right to appeal the federal sentence, given the way we have drafted the information, it is possible that getting to the 18 month sentence will require an upward departure. The'version of the agreement that you were working from is a federal non-prosecution agreement, the ones I have sent you recently are plea agreements that get filed with the court. Please see if the appeal waiver language in those versions is alright. Re your paragraph 7: As I mentioned, we will not waive the presentence investigation. I know that this will delay Mr. Epstein's sentencing by 70 days, but that will allow him to get all of his affairs in order. As to bail, it will be set at the time of arraignment, and we can work out a joint recommendation regarding the amount and its limitations. I have no objection to making a joint recommendation that Mr. Epstein remain out on bond pending his sentencing, but Pm not sure that it belongs in a plea agreement, especially since I can't bind the court on that issue. However, I can assure you, and we can put it on the record during the plea collooquy, that I will join in your recommendation that he remain out on bond pending sentencing. The same goes for the prison camp issue. As I mentioned, I have opposed a designation only once in a very particular case. I can assure you, and we can put it on the record at the plea colloquy that I will not oppose your recommendation for Mr. Epstein's designation. Re your paragraph 8: As I mentioned over the telephone, I cannot bind the girls to the Trust Agreement, and I don't think it is appropriate that a state court would administer a trust that seeks to pay for federal civil claims. We both want to avoid unscrupulous attorneys and/or litigants from coming forward, and I know that your client wants to keep these matters outside of public court filings, but I just don't have the power to do what you ask. Here is my recommendation. During the period between Mr. Epstein's plea and sentencing, I make a motion for appointment of the Guardian Ad Litem. The three of us sit down and discuss things, US_Atty_Cor_0031 EFTA00235357 and I will facilitate as much as I can getting the girls' approval of this procedure because, as I mentioned, I think it is probably in their best interests. In teams of plea agreement language, let me suggest the following: The United States agrees to make a motion seeking the appointment of a Guardian ad Litem to represent the identified victims. Following the appointment of such Guardian, the parties agree to work together in good faith to develop a Trust Agreement, subject to the Court's approval, that would provide for any damages owed to the identified victims pursuant to 18 U.S.C. Section 2255 Then include the last two sentences of your paragraph 8. Re the two paragraphs following your paragraph 8: I will include our standard language regarding resolving all criminal liability and I will mention "co-conspirators," but I would prefer not to highlight for the judge all of the other crimes and all of the other persons that we could charge. Also, we do not have the power to bind Immigration and we make it a policy not to try to, however, I can tell you that, as far as I know, there is no plan to try to proceed on • an immi ation charges against either Ms. El or Ms. Also, on the grand jury subpoenas, I can prepare letters withdrawing them as of the signing of the plea agreement, but I would prefer to take out that language. In my eyes, once we have a plea agreement, the grand jury's investigation has ended and there can be no more use of the grand jury's subpoena power. I had hoped that we were far closer to resolving this than it appears that we are. Can I suggest that tomorrow we either meet live or via teleconference, either with your client or having him within a quick phone call, to hash out these items? I was hoping to work only a half day tomorrow to save my voice for Tuesday's hearing and grand jury, if necessary, but maybe we can set a time to meet. If you want to meet "off campus" somewhere, that is fine. I will make sure that I have all the necessary decision makers present or "on call," as well. If we can resolve some of these issues today, let's try to, and then save only the difficult issues for tomorrow. Sorry for the long e-mail, and for ruining your date with your daughter. US_Atty_Cor_0032 EFTA00235358 To ' y Letkowite cc "Gerald Letco 1.90v> XUSAFIS‘r < 09/17/2007 09:43 AM XUSAFLSWI bee Subject Heating before Judge Marra has been tai Roy and Jay — I received a call from Jenny, who is standing in as Judge Marra's CRD. She spoke with the judge and he agreed to take the matter off the calendar. I told Jenny that if we are able to reach a plea agreement, we will withdraw the subpoena and Mr. Black will withdraw his motion to quash. Please call if you have questions. WM Assistant U.S. Attorney West Palm Beach, FL 33401 US_Atty_Cor_0033 EFTA00235359 To "Jay LetkowIte cc bcc Subject Non-Prceecutton Agreements 09/17/2007 11:45 AM Hi Jay — To avoid you having to reinvent the wheel, here is a copy of the last version of the non-prosecution agreement in Word and WordPerfect. <<070911 Epstein Non-Prosecution Agreemeatwpd» <<070911 Epstein Non-Prosecution Agreement.doc>> Assistant U.S. Attorney West Palm Beach, FL 33401 070911 Epstein Non-Prosecution Agreementwpd 3 070911 Epstein Non-Prosecution Agreernentdoc US_Atty_Cor_0034 EFTA00235360 IN RE: INVESTIGATION OF JEFFREY EPSTEIN NON-PROSECUTION AGREEMENT IT APPEARING that the City of Palm Beach Police Department and the State Attorney's Office for the 15th Judicial Circuit in and for Palm Beach County (hereinafter, the "State Attorney's Office") have conducted an investigation into the conduct of Jeffrey Epstein (hereinafter "Epstein"); IT APPEARING that the State Attorney's Office has charged Epstein with three counts of solicitation of prostitution, in violation of Florida Statutes Section 796.07; IT APPEARING that the United States Attorney's Office and the Federal Bureau of Investigation have conducted their own investigation of the offenses and Epstein's background; IT APPEARING that Jeffrey Epstein (hereinafter "Epstein") has committed offenses against the United States from in or around 2001 through in or around October 2005, including: (1) knowingly and willftilly conspiring with others known and unknown to commit an offense against the United States, that is, to use a facility or means of interstate or foreign commerce to knowingly persuade, induce, or entice minor females to engage in prostitution, in violation of Title 18, United States Code, Section 2422(b); all in violation of Title 18, United States Code, Section 371; (2) knowingly and willfully conspiring with others known and unknown to travel in interstate commerce for the purpose of engaging in illicit sexual conduct, as defined in 18 U.S.C. § 2423(f), with minor females, in violation of Title 18, United States Code, Section 2423(b); all in violation of Title 18, United States Code, Section 2423(e); (3) using a facility or means of interstate or foreign commerce to knowingly persuade, induce, or entice minor females to engage in prostitution; in violation of Title 18, United States Code, Sections 2422(b) and 2; (4) traveling in interstate commerce for the purpose of engaging in illicit sexual conduct, as defined in 18 § 2423(f), with minor females; in violation of Title 18, United States Code, Section 2423(b); and (5) knowingly, in and affecting interstate and foreign commerce, recruiting, enticing, Page 1 of 5 US_Atty_Cor_0035 EFTA00235361 and obtaining by any means a person, knowing that the person had not attained the age of 18 years and would be caused to engage in a commercial sex act as defined in 18 U.S.C. § 1591(cX1); in violation of Title 18, United States Code, Sections 1591(aX1) and 2; and IT APPEARING that Epstein has accepted responsibility for his behavior by his signature on this Agreement and IT APPEARING, after an investigation of the offenses and Epstein's background, that the interest of the United States pursuant to the Petite policy will be served by the following procedure; THEREFORE, on the authority of R. Alexander Acosta, United States Attorney for the Southern District of Florida, prosecution in this District for these offenses shall be deferred in favor of prosecution by the State of Florida, provided that Epstein abides by the following conditions and the requirements of this Agreement set forth below. Should Epstein violate any of the conditions of this Agreement, the United States Attorney may at any time initiate prosecution against Epstein for any offense. In this case, the United States Attorney will furnish Epstein with notice specifying the condition(s) of the Agreement that he has violated. After timely fulfilling all the terms and conditions of the Agreement, no prosecution for the offenses set out on pages 1 and 2 of this Agreement will be instituted in this District, and the charges against Epstein if any, will be dismissed. Terms of the Agreement: 1. Epstein shall plead guilty (not nolo contendere) to an Information filed by the State Attorney's Office charging violations of the following Florida Statutes: (a) lewd and lascivious battery on a child, in violation of FL Stat. 800.04(4); (b) solicitation of minors to engage in prostitution, in violation of Fl. Stat. 796.03; and (c) engaging in sexual activity with minors at least sixteen years of age, in violation of Fl. Stat. 794.05. 2. Epstein and the State Attorney's Office shall make a joint, binding recommendation that the Court impose a thirty (30) month sentence to be divided as follows: Page 2 of 5 US_Atty_Cor_0036 EFTA00235362 (a) Epstein shall begin by serving at least twenty (20) months in prison, without any opportunity for withholding adjudication or sentencing, and without probation or community control in lieu of imprisonment; and (b) following the term of imprisonment, Epstein shall serve ten (10) months of community control. 3. Epstein shall waive all challenges to the Information filed by the State Attorney's Office and shall waive the right to appeal his conviction and sentence. 4. Epstein shall provide to the U.S. Attorney's Office copies of all proposed agreements with the State Attorney's Office prior to entering into those agreements. 5. Epstein agrees that, if any of the victims identified in the federal investigation file suit pursuant to 18 U.S.C. § 2255, Epstein will not contest the jurisdiction of the U.S. District Court for the Southern District of Florida over his person and/or the subject matter, and Epstein will not contest that the identified victims are persons who, while minors, were victims of violations of Title 18, United States Code, Sections(s) 2422 and/or 2423. 6. The United States shall provide Epstein's attorneys with a list of the identified victims, which will not exceed forty, alter Epstein has signed this agreement and has been sentenced. The United States shall make a motion with the United States District Court for the Southern District of Florida for the appointment of a guardian ad litem for the identified victims and Epstein's counsel may contact the identified victims through that counsel. 7. Epstein shall enter his guilty plea and be sentenced not later than September 28, 2007, and shall begin service of his sentence not later than October 15, 2007. 8. With credit for gain time, Epstein shall serve at least 17 months in a state correctional institution. Epstein understands that the United States Attorney has no authority to require the State Attorney's Office to abide by any terms of this agreement. Epstein understands that it is his obligation to undertake discussion with the State Attorney's Office to ensure compliance with these procedures, which compliance will be necessary to satisfy the United States' interest, Page 3 of 5 US_Atty_Cor_0037 EFTA00235363 pursuant to the Petite policy. By signing this agreement, Epstein asserts and certifies that each of these terms is material to this agreement and is supported by independent consideration and that a breach of any one of these conditions allows the United States to elect to terminate the agreement and to investigate and prosecute Epstein for any and all federal offenses. By signing this agreement, Epstein asserts and certifies that he is aware of the fact that the Sixth Amendment to the Constitution of the United States provides that in all criminal prosecutions the accused shall enjoy the right to a speedy and public trial. Epstein further is aware that Rule 48(b) of the Federal Rules of Criminal Procedure provides that the Court may dismiss an indictment, information, or complaint for unnecessary delay in presenting a charge to the Grand Jury, filing an information, or in bringing a defendant to trial. Epstein hereby requests that the United States Attorney for the Southern District of Florida defer such prosecution. Epstein agrees and consents that any delay from the date of this Agreement to the date of initiation of prosecution, as provided for in the terms expressed herein, shall be deemed to be a necessary delay at his own request, and he hereby waives any defense to such prosecution on the ground that such delay operated to deny him rights under Rule 48(b) of the Federal Rules of Criminal Procedure and the Sixth Amendment to the Constitution of the United States to a speedy trial or to bar the prosecution by reason of the running of the statute of limitations for a period of months equal to the period between the signing of this agreement and the breach of this agreement. Epstein further asserts and certifies that he understands that the Fifth Amendment and Rule 7(a) of the Federal Rules of Criminal Procedure provide that all felonies must be charged in an indictment presented to a grand jury. Epstein hereby agrees and consents that, if a prosecution against him is instituted, it may be by way of an Information signed and filed by the United States Attorney, and hereby waives his right to be indicted by a grand jury. By signing this agreement, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he understands the conditions of this Non- Prosecution Agreement and agrees to comply with them. Dated: JEFFREY EPSTEIN Dated: GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN Dated: R. ALEXANDER ACOSTA Page 4 of 5 US_Atty_Cor_0038 EFTA00235364 To c > cc l(USAFLST Tn .@usdo 1410v* bcc 09/17,2007 01:11 PM Subject My whereabouts Hi Jay — lam headed home. If a document is readytakcLeviewed later today, can ou send a copy to me and also to (who is in, in f nd to my home e-mail address — and give me a call on my cell'. , so I can be ready for some discussions tomorrow. If anything else comes up, please don't hesitate to call. Thanks, US_Atty_Cor_0039 EFTA00235365 To "Jay Lefkowite "=\ SAMS‘ ' ®usdoj.gov> CC 09/18/2007 09:14 AM Sub RE: Draft Agreements? ject Hi Jay - I know that the U.S. Attorney will not go below 18 months of prison/jail time (and I would strongly oppose the suggestion). Assistant U.S. Attome West Palm Beach, FL 3340 US_Atty_Cor_0040 EFTA00235366 I believe there are only two types of agreements that would apply to this case: (1) a plea agreement to a federal charge or charges; and (2) a non-prosecution agreement (which is really a deferred prosecution agreement because the defendant agrees that if he violates the agreement, the U.S. can prosecute him). A plea agreement is part of the court file. It is not accessible on-line via PACER, but someone can go to the Clerk's Office to obtain a copy. A non-prosecution agreement would not be made public or filed with the Court, but it would remain part of our case file. It probably would be subject to a FOIA request, but it is not something that we would distribute without compulsory process. On the obstruction charges, many of the facts I included in that first proffer were hypothesized based upon our discussions and the agents' observations of Ms. Groff We will need to interview her to confirm the accuracy of those facts. On a second count, we could rely on the incident where Mr. Epstein's private investigators followeclia father, forcing him off the road. Or, if there is something more recent related to any grand jury subpoenas, we could consider that. Hope that helps. Assistant U.S. Attorney West Palm Beach, FL 33401 *****************••**** ******** * ********* * ************ **•** The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited US_Atty_Cor_0041 EFTA00235367 and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@ldrldand.com, and destroy this communication and all copies thereof including all attachments. ************** ***** *tit ******** ********* * ************ 070918 12.22 pm Plea Agreement 1512 counts.wpd or Yd. I US_Atty_Cor_0042 EFTA00235368 To "Jay Lefkowitz" cc ;11 1:= 1.00v> bcc 09/18/2007 09:14 AM Subject RE: Draft Agreements? ',iikohte Feta/11OW t're Hi Jay —1 know that the U.S. Attorney will not go below 18 months of prisonnail time (and I would strongly oppose the suggestion). tI- Assistant U.S. Attorn West Palm Beac t 33 01 To- Jay Letkowitz" ( MMIIMEM co 09(18/2007 08:44 AM SubMcDrsft Agreements? Hi Jay - I was hoping there would be things for me to read this morning, but I will try to remain patient. I believe there are only two types of agreements that would apply to this case: (1) a plea agreement to a federal charge or charges; US_Atty_Cor_0043 EFTA00235369 To "Jay Lefkowftz" MEMO= cc WOW' bce 09/18/2007 01:23 PM Subject RE Drag Agreements? Hi Jay — I think that you are referring to USSG 1B1.9, which other doesn't apply to Class A misdemeanors. If you have some basis, please let me know. It is in Could you share the attached draft with your colleagues. tive keeping with what.. communicated to me was the opera all of the "deal." The U.S. Attorney hasn't had a chance to review only thing we haven' language, but agrees with it in principle. The ing the t been able to discuss is the highlighted language regard rn state sentence. I believe that takes care of your client's conce state, and our conce rn about having to serve "duplicate" time in the ning about getting the state guilty plea wrapped up at the begin rather than years down the road. will both be available at 2:00. You can reach us at n ifil One of my suggestions is going to be (again) that we all sit down together in the same room, including.. and/or so we can hash out the still existing issues and get a signed document Assistant U.S. Attorney West Palm Beach, FL 33401 US_Atty_Cor_0044 EFTA00235370 SAFLS\)" Sent: 09/18/2007 12:43 PM AST To: Jay Le&owitz Subject: RE: Draft Agreements? a Hi Jay - It looks like I will be here all afternoon, but earlier is n, better than later. There are a number of issues with your versio of the but one that you can look at before our call is the calculation refere nce to 2X3.1 guidelines on the 1512(d) counts. The cross- applies, which then takes us to 2G1.3. Giving Mr. Epstein the were benefit of the doubt (that they would treat this as though there e level of 24, plus 2 only one victim), he would have a base offens for a commercial sex act, totaling 26. Returning to 23O.1 , we tance would subtract 6 levels and subtract another 3 levels for accep for a total offense level of 17. With crimin al histor y catego ry of I, that results in 24 to 30 months, which is in Zone D. Assistant U.S. Attorney West Palm Beach, FL 33401 US_Atty_Cor_0045 EFTA00235371 as! I To Jay Lelkowite cc bcc Subject Factual proffer 09/18/2007 02:53 PM Hi Jay — I didn't want us to get sidetracked during the conference call. I want to make sure that e a fai basis for "harassment." Forcibly flying and somewhere else is a different 1512 offense with a 10 year cap. This is the factual proffer that I drafted up earlier this afternoon, to give you an idea of what it would look like. When I include a factual proffer in a plea agreement, I usually use prefatory language like: The parties agree that, had this case proceeded to trial, the United States would have proven the following facts beyond a reasonable doubt, and that the following facts are true and correct and are sufficient to support a plea of guilty . <<Epstein Plea Proffer.doc>> I- Assistant U.S. Attorney West Palm Beach, FL 33401 SSSAMOSABILEDIWIPAI 0-EgatEslgeEtragnamblvesLby user 'r egmmal i Isa6/2 07 •11:55'.>» U S_Atty_Co r_O046 EFTA00235372 UNITED STATES vs. JEFFREY EPSTEIN PLEA PROFFER On August 21, 2007, FBI Special Agents and a INE. traveled to the home of Lesley Groff to serve her with a federal grand jury subpoena in connection with an investigation pending in the Southern District of Florida. Ms. Groff works as the personal assistant of the defendant. Ms. Groff began speaking with the agents and then excused herself to go upstairs to check on her sleeping child. While upstairs, Ms. Groff telephoned the defendant Jeffrey Epstein, and informed him that the FBI agents were at her home. Mr. Epstein instructed Ms. Groff not to speak with the agents and reprimanded her for allowing them into her home. Mr. Epstein applied pressure to keep Ms. Groff from complying with the grand jury subpoena that the agents had served upon her. In particular, Mr. Epstein warned Ms. Groff against turning over documents and electronic evidence responsive to the subpoena and pressured her to delay her appearance before the federal grand jury in the Southern District of Florida. This conversation occurred when Mr. Epstein was aboard his privately owned civilian aircraft in Miami in the Southern District of Florida. His pilot had filed a flight plan showing that the parties were about to return to Teterboro, New Jersey. After the conversation with Ms. Groff, Mr. Epstein became concerned that the FBI would by to serve his traveling companion, , with a similar grand jury subpoena. In fact, the agents were preparing to serve Ms. with a target letter when the flight landed in Teterboro. Mr. Epstein then re-directed his airplane, making the pilot file a new flight plan to travel to the U.S. Virgin Islands instead of the New York City area, thereby keeping the Special Agents from serving the target letter on--. US_Atty_Cor_0047 EFTA00235373 During the course of that flight, the defendant verbally harassed Ms. a, harassing and pressuring her not to cooperate with the grand jury's investigation, thereby hindering and dissuading her from reporting the commission of a violation of federal law to a law enforcement officer, namely, Special Agents of the FBI. US_Atty_Cor_0048 EFTA00235374 (3, UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. UNITED STATES OF AMERICA vs. JEFFREY EPSTEIN, Defendant. PLEA AGREEMENT The United States Attorney for the Southern District of Florida ("the United • States"), and Jeffrey Epstein (hereinafter referred to as the "defendant") enter into the following agreement: I. The defendant agrees to plead guilty to a two-count Information which charges the defendant as follows. Count I charges that the defendant intentionally harassed another person, that is, ■., in an attempt to delay, prevent, and dissuade ■. from attending or testifying in an official proceeding, that is a Federal Grand Jury appearance in the Southern District of Florida, in violation of Title 18, United States Code, Sections 1512(d)(2) and 2; and Count 2 charges that the defendant intentionally harassed another person, that is, ., in an attempt to delay, prevent, and dissuade.. from reporting to a law enforcement officer of the United States the commission of a federal offense; in violation of Title 18, United States Code, Sections 1512(dX2) and 2. 2. The defendant agrees and understands that the above charges involve his conduct, and the conduct of others, between in and around early 2001 through in and US_Atty_Cor_0049 EFTA00235375 a around September 2007 involving a conspiracy to solicit minors to engage in prostitution and to travel in interstate commerce to engage in illicit sexual conduct. _This agreement resolves the federal criminal liability of the defendant and any co-conspirators in the Southern District of Florida growing out of any criminal conduct by those persons known to the United States Attorney's Office for the Southern District of Florida as of the date of this plea agreement, including but not limited to the above-described scheme. 3. The United States agrees that, upon entry of the defendant's guilty plea, its Grand Jury investigation will be suspended, and all pending Grand Jury subpoenas will be held in abeyance unless and until the defendant violates any term of this agreement, as explained in paragraph 19, infra. The defendant likewise agrees to withdraw his pending motion to intervene and to quash certain grand jury subpoenas. The defendant further agrees that the current custodian of certain computer equipment shall maintain that evidence inviolate until all of the terms of this agreement have been satisfied. 4. The defendant is aware that the sentence will be imposed by the Court after considering the Federal Sentencing Guidelines and Policy Statements (hereinafter "Sentencing Guidelines"). The defendant acknowledges and understands that the Court will compute an advisory sentence under the Sentencing Guidelines and that the applicable guidelines will be determined by the Court relying in part on the results of a Pre-Sentence Investigation by the Court's probation office, which investigation will commence after the guilty plea has been entered. The defendant is also aware that, under certain circumstances, the Court may depart from the advisory sentencing guideline range that it has computed, and may raise or lower that advisory sentence under the Sentencing Guidelines. The defendant is further aware and understands that the Court is required to consider the advisory guideline range determined under the Sentencing Guidelines, but is not bound to impose that sentence; the Court is permitted to tailor the ultimate sentence in light of other statutory concerns, and such sentence may be either more severe or less 2 US_Atty_Cor_0050 EFTA00235376 nce. Knowing these facts, the severe than the Sentencing Guidelines' advisory sente t has the authority to impose any defendant understands and acknowledges that the Cour rized by law for the offenses sentence within and up to the statutory maximum autho not withdraw the plea solely as a identified in paragraph 1 and that the defendant may result of the sentence imposed. as to each of 5. The defendant further understands and acknowledges that, ory maximum term of Counts 1 and 2 of the Information, the Court may impose a statut of supervised release of up imprisonment of up to one (1) year, to be followed by a term of imprisonment and supervised to a maximum of one (1) year. In addition to terms each count. release, the Court may impose a fine of up to $100,000 as to in addition to 6. The defendant further understands and acknowledges that, ement, a special assessment in the any sentence imposed under paragraph 3 of this Agre or amount of $50 will be imposed on the defendant, which must be paid at or before the time of sentencing. he must pay full 7. The defendant understands that the Court will order that ing guilty. The defendant restitution to all victims of the offense to which he is plead will be determined at or understands that the amount of restitution owed to each victim before sentencing. dant receive a 8. The parties agree to jointly recommend that the defen followed by two (2) years of sentence of eighteen (18) months' imprisonment, to be s' further agree to jointly supervised release; and a fine of $200,000. The partie nt as a special condition of recommend that the Court impose one year of home confineme supervised release. ified in the federal 9. The defendant agrees that, if any of the victims ident defendant will not contest the investigation file suit pursuant to 18 U.S.C. § 2255, the ct of Florida over his person jurisdiction of the U.S. District Court for the Southern Distri 3 US_Atty_Cor_0051 EFTA00235377 and/or the subject matter, and the defendant will not contest that the identified victims are persons who, while minors, were victims of violations of Title 18, United States Code, Sections(s) 2422 and/or 2423. The United States agrees to provide the defendant's attorneys with a list of the identified victims, which will not exceed forty, after the defendant has signed this agreement and has been sentenced. The United States further agrees to make a motion with the United States District Court for the Southern District of Florida for the appointment of a guardian ad litem for the identified victims and the defendant's counsel may contact the identified victims through that guardian. 10. The defendant further understands and acknowledges that he must undertake certain actions with the State Attorney's Office for the 15th Judicial Circuit in and for Palm Beach County (hereinafter, "State Attorney's Office") in order to satisfy the United States' federal interest in the investigation and prosecution of his offenses, in 0 /-- accordance with the Justice Department's Petite policy. Epstein understands and acknowledges that the United States Attorney has no authority to require the State Attorney's Office to abide by any terms of this Agreement. Epstein understands that it is his obligation to undertake discussion with the State Attorney's Office to ensure compliance with these procedures. 11. In addition to entering a guilty plea in the instant case, the defendant agrees to plead guilty to an Information filed by the Palm Beach County State Attorney's Office charging an offense for which the defendant must register as a sex offender, that is, solicitation of minors to engage in prostitution, in violation of Fl. Stat. 796.03. The defendant must enter this guilty plea before he is sentenced on the federal offenses. 12. The defendant agrees that he and the Palm Beach County State Attorney's Office will make a joint, binding recommendation that the Court impose a sentence of at least eighteen (18) months' imprisonment to be followed by at least twelve (12) months of community control/home confinement to be served upon the defendant's release from 4 US_Atty_Cor_0052 EFTA00235378 federal prison. Those sentences may run concurrently with the federal sentence imposed pursuant to this agreement. [NB: The other option is: The defendant and the Palm Beach County State Attorney's Office shall make a joint, binding recommendation that the Court impose a sentence of at least sixty (60) months' probation, which will include at least twelve (12) months of community control/home confinement to be served upon the defendant's release from federal prison.] 13. The defendant agrees to waive all challenges to the Information filed by the State Attorney's Office and to waive the right to appeal his conviction and sentence in the state court. 14. The defendant agrees to provide to the U.S. Attorney's Office copies of all proposed agreements with the Palm Beach County State Attorney's Office prior to entering into those agreements. 15. The defendant agrees that the timely completion of these actions is material to this agreement and is supported by independent consideration and that a breach of any one of these conditions allows the United States to elect to terminate the agreement and to investigate and prosecute Epstein for any and all federal offenses. 16. The United States reserves the right to inform the Court and the probation office of all facts pertinent to the sentencing process, including all relevant information concerning the offenses committed, whether charged or not, as well as concerning the defendant and the defendant's background, and to respond to any questions from the Court and the Probation Office and to any misstatements of fact or law. Subject only to the express terms of any agreed-upon sentencing recommendations contained in this Agreement, this Office further reserves the right to make any recommendation as to the quality and quantity of punishment. 17. The defendant is aware that the sentence has not yet been determined by the Court. The defendant also is aware that any estimate of the probable sentencing range or 5 US_Atty_Cor_0053 EFTA00235379 sentence that the defendant may receive, whether that estimate comes from the defendant's attorney, the government, or the probation office, is a prediction, not a promise, and is not binding on the government, the probation office or the Court. The defendant understands further that any recommendation that the government makes to the Court as to sentencing, whether pursuant to this agreement or otherwise, is not binding on the Court and the Court may disregard the recommendation in its entirety. The defendant understands and acknowledges, as previously acknowledged in paragraph 4 above, that the defendant may not withdraw his plea based upon the Court's decision not to ar_rept a sentencing recommendation made by the defendant, the government, or a recommendation made jointly by both the defendant and the government. WAIVER OF RIGHT TO APPEAL AND COLLATERALLY 18. ATTACK THE SENTENCE. The defendant is aware that Title 18, United States Code, Section 3742 affords the defendant the right to appeal the sentence imposed in this case. Acknowledging this, in exchange for the undertakings made by the United States in this plea agreement, the defendant hereby waives all rights conferred by Section 3742 to appeal any sentence imposed, including any restitution order, or to appeal the manner in which the sentence was imposed, unless the sentence exceeds the maximum permitted by statute. The defendant further voluntarily and expressly waives, to the maximum extent permitted by federal law, the right to collaterally attack his sentence in any post-conviction proceeding, including a motion on any ground brought under 28 U.S.C. § 2254, 28 U.S.C. § 2255, 18 U.S.C. § 3572, or 18 U.S.C. § 3771. The defendant further understands that nothing in this agreement shall affect the government's right and/or duty to appeal as set forth in Tide 18, United States Code, Section 3742(b). However, if the United States appeals the defendant's sentence pursuant to Section 3742(b), the defendant shall be released from the above waiver of appellate rights. By signing this agreement, the defendant acknowledges that he has discussed the appeal waiver set forth in this 6 US_Atty_Cor_0054 EFTA00235380 agreement with his attorney. 19. If the defendant fails in any way to fulfill each one of his obligations under this Plea Agreement, the United States, and only the United States, may elect to be released from its commitments under this Plea Agreement. If the United States elects to void the Plea Agreement because of a breach by the defendant, then the United States agrees not to use the defendant's guilty plea against him. However, the United States may prosecute the defendant for any and all Federal crimes that he has committed related to this case and may seek any sentence for such crimes up to and including the statutory maximums. The defendant expressly waives any statute of limitations defense and any constitutional or statutory speedy trial defense to such a prosecution, except to the extent that such a defense exists as of the date he signs this Plea Agreement. Finally, the defendant understands that his violation of the terms of this Plea Agreement wou►d not entitle him to withdraw his guilty plea. 20. This is the entire agreement and understanding between the United States and the defendant. There are no other agreements, promises, representations, or understandings. Date: By: R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Date: By: JEFFREY EPSTEIN, DEFENDANT Date: By: 7 US_Atty_Cor_0055 EFTA00235381 3 M=US60 To 'Jay Lefkcwitz' cc 1.90n boc 0911912007 10:39 AM Subject RE: Draft Agreements? 30 Hi Jay — Can you send me an update on where we arc? I assume that everyone will be off on Friday, we need to have a final agreement by tomorrow so I can set up an arraignment on Monday. twill need to get the Information approved, file it with the Court, get a judge assigned, and get us on the calendar for an initial appearance and arraignment. Thank you. My a/c isn't workin so I am sitting in a different office. You can get me at or on my cell at . Also, if you want me to look at BOP regs regarding the camp issue, please let me know. Alistant U.S. Attorney r US_Atty_Cor_0056 EFTA00235382 To "Jay Lefkowite cc 11:1= 1.0on bce 09/19/2007 11:21 AM Subject RE: Draft Agreements? Iii - I don't know the factual basis for the alleged harassment of because we have no independent evidence of that. So, the agents need to talk to them and then I can draft up a proposed factual proffer. I have sent an e-mail to and to determine their availability. Thanks. Assistant U.S. Attorney US_Atty_Cor_0057 EFTA00235383 To "Jay Lefkowite cc bow bee 09/19/200711:48 AM Subject RE: Draft Agreements? Alright, that is pretty much what I had written yesterday. Here is my suggestion: On 7, FBI Special Agents and traveled to the home of Lesley Groff to serve her with a federal grand jury subpoena in connection with an investigation pending in the Southern District of Florida. Ms. Groff works as the personal assistant of the defendant. Ms. Groff began speaking with the agents and then excused herself to go upstairs to check on her sleeping child. While upstairs, Ms. Groff telephoned the defendant, Jeffrey Epstein, and informed him that the FBI agents were at her home. This conversation occurred when Mr. Epstein was aboard his privately owned civilian aircraft in Miami in the Southern District of Florida. His pilot had filed a flight plan towing that the parties were about to return to Teterboro, New Jersey. After the conversation with Ms. Groff, Mr. Epstein became concerned would try to serve his traveling companions, and with similar gram, d' subpoenas. the agents were preparing to serve Ms. and Ms. with target letters when the flight landed in Tete ro. Mr. Epstein then re-directed his airplane, making the pilot file a new flight plan to travel to the U.S. Virgin Islands instead of the New York City area, thereby kee in the Specialieits from serving the target letters on Ms. and Ms. . During t} a cowseoof that flight efendant verbally harassed both Ms. and Ms. harassing and pressuring them not to cooperate with the grand jury's investigation, thereby hindering and dissuading them from reporting the commission of a violation of federal law to law enforcement officers, namely, Special Agents of the FBI. Attorney MO US_Atty_Cor_0058 EFTA00235384 Messa From: .1(USAFLS1)" doj.govj Sent: 09/19/2007 11:18 AM AST To: Jay Lefkowitz Subject: RE: Draft Agreements? - I chlaloaow the factual basis for the alleged harassment of I IM and= because we have no independent evidence of that. So, the agents need to talk to them a n I ciliate up a proposed factual proffer. I have sent an e-mail to= and ME to determine their availability. Thanks. 1011. Attorney US_Atty_Cor_0059 EFTA00235385 ******St****•************************************ The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@leuldand.com, and destroy this communication and all copies thereof, including all attachments. ******************************•*********************** **•** US_Atty_Cor_0060 EFTA00235386 Ste. To "Jay Letkowitz" cc IIMISMIl@usdo boa 1.9ov> 09119/2007 01:29 PM Subject Meeting on Monday Hi Jay — We can start as early as you like on Monday. will join us at 10:00. We can meet here in our offices so I can make any necessary changes and get us over to the courthouse. EMS Assistant U.S. Attorney US_Atty_Cor_0061 EFTA00235387 To "Jay Letkowile < cc < usdo. r @usdoLgo bcc Karen N(USAFL.Slr 09720O007 03:52 Subject Final version of Plea Agreement — EPSTEIN PM *.. Hi Jay - I have attached the plea agreement as approved by the U.S. Attorney and the proposed information. If your client is going to accept the agreement, please let me know by noon tomorrow, so that I can file the Information, get a judicial assignment, and arrange an arraignment and change of plea for Monday. We also will need to set a time for the agents to interview Ms. =and Ms. =1.to finalize a factual proffer. Following the plea, Mr. Epstein will have at least 70 days before sentencing plus the time to self-surrender in order to get his affairs in order, including entering his guilty pleas to the state charges. mentioned that your client is considering returning to our original offer of just a state plea. If that is the case, the non-prosecution agreement that was provided to you last week will control. Again, we will need to receive a signed version by tomorrow if that is Mr. Epstein's decision. You can reach me on my cell phone at Thank you. <<070920 3.45 pm Plea Agreement 1512 camts.wpd>> <<070919 Information charging I 512.wpd>> Assistant U.S. Attorney West Palm Beach, FL 33401 «< Attachment '070020 3.45 tam Plea Agreement 1512 countsmadt US_Atty_Cor_0062 EFTA00235388 has been archived by user 'Commonatoreallkirkland-Ellis' on '11/2612007 01:16:02'. >>> «< Attachment'070flUigsrma0on charging 1512.wod' has been archived by user 'CommonStoratirfigridand-Eills' on '11/26/2002. 41:16:03',>» US_Atty_Cor_0063 EFTA00235389 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. UNITED STATES OF AMERICA vs. JEFFREY EPSTEIN, Defendant. I PLEA AGREEMENT The United States Attorney for the Southern District of Florida ("the United States"), and Jeffrey Epstein (hereinafter referred to as the "defendant") enter into the following agreement: 1. The defendant agrees to plead guilty to a two-count Information which charges that the defendant intentionally harassed two other persons, that is, and In, in an attempt to delay, prevent, and dissuade those persons from reporting to a law enforcement officer of the United States the commission of a federal offense; in violation of Title 18, United States Code, Sections 1512(dX2) and 2. 2. The defendant agrees and understands that the above charges involve his conduct, and the criminal conduct of others, between in and around early 2001 through in and around September 2007. This agreement resolves the federal criminal liability of the defendant and any co-conspirators in the Southern District of Florida growing out of any criminal conduct by those persons known to the United States Attorney's Office for the Southern District of Florida as of the date of this plea agreement. 1 US_Atty_Cor_0064 EFTA00235390 3. The United States agrees that, upon entry of the defendant's guilty plea, its Grand Jury investigation will be suspended, and all pending litigation between the parties will be held in abeyance unless and until the defendant violates any term of this agreement, as explained in paragraph 18, infra. Both parties agree to maintain their evidence inviolate until all of the terms of this agreement have been satisfied. 4. The defendant is aware that the sentence will be imposed by the Court after considering the Federal Sentencing Guidelines and Policy Statements (hereinafter "Sentencing Guidelines"). The defendant acknowledges and understands that the Court will compute an advisory sentence under the Sentencing Guidelines and that the applicable guidelines will be determined by the Court relying in part on the results of a Pre-Sentence Investigation by the Court's probation office, which investigation will commence after the guilty plea has been entered. The defendant is also aware that, under certain circumstances, the Court may depart from the advisory sentencing guideline range that it has computed, and may raise or lower that advisory sentence under the Sentencing Guidelines. The defendant is further aware and understands that the Court is required to consider the advisory guideline range determined under the Sentencing Guidelines, but is not bound to impose that sentence; the Court is permitted to tailor the ultimate sentence in light of other statutory concerns, and such sentence may be either more severe or less severe than the Sentencing Guidelines' advisory sentence. Knowing these facts, the defendant understands and acknowledges that the Court has the authority to impose any sentence within and up to the statutory maximum authorized by law for the offenses identified in paragraph 1 and that the defendant may not withdraw the plea solely as a result of the sentence imposed. 5. The defendant further understands and acknowledges that, as to each of Counts 1 and 2 of the Information, the Court may impose a statutory maximum term of imprisonment of up to one (1) year, to be followed by a term of supervised release of up 2 US_Atty_Cor_0065 EFTA00235391 to a maximum of one (1) year. In addition to terms of imprisonment and supervised release, the Court may impose a fine of up to $100,000 as to each count. 6. The defendant further understands and acknowledges that, in addition to any sentence imposed under paragraph 4 of this Agreement, a special assessment in the amount of $50 will be imposed on the defendant, which must be paid at or before the time of sentencing. 7. The defendant understands that the Court will order that he must pay full restitution to all victims of the offenseS to which he is pleading guilty. The defendant understands that the amount of restitution owed to each victim will be determined at or before sentencing. 8. The parties agree to jointly recommend that the defendant receive a sentence of eighteen (18) months' imprisonment, to be followed by one (1) year of supervised release, and a fine of $200,000. The parties' further agree to jointly recommend that the Court impose one year of home confinement as a special condition of supervised release. 9. The defendant agrees that, if any of the victims identified in the federal investigation file suit pursuant to 18 U.S.C. § 2255, the defendant will not contest the jurisdiction of the U.S. District Court for the Southern District of Florida over his person and/or the subject matter, and the defendant will not contest that the identified victims are persons who, while minors, were victims of violations of Title 18, United States Code, Sections(s) 2422 and/or 2423. The United States agrees to provide the defendant's attorneys with a list of the identified victims, which will not exceed forty, after the defendant has signed this agreement and has been sentenced. The United States further agrees to make a motion with the United States District Court for the Southern District of Florida for the appointment of a guardian ad litem for the identified victims and the defendant's counsel may contact the identified victims through that guardian. 3 US_Atty_Cor_0066 EFTA00235392 I0. The United States has reached this agreement with the defendant in response to the defendant's request to globally resolve his state and federal criminal liability. To do so, the defendant further understands and acknowledges that he must undertake certain actions with the State Attorney's Office for the 15th Judicial Circuit in and for Palm Beach County (hereinafter, "State Attorney's Office"). 11. In addition to entering a guilty plea in the instant case, the defendant agrees that, prior to his sentencing on the federal charges, he will plead guilty to an Information filed by the State Attorney's Office charging an offense for which the defendant must register as a sex offender, that is, solicitation of minors to engage in prostitution, in violation of Fl. Stat. 796.03. The defendant agrees that he will waive all challenges to the Information filed by the State Attorney's Office and waive the right to appeal his conviction and sentence in the state court. 12. The defendant agrees that he will make a binding recommendation that the 15th Judicial Circuit Court impose a sentence of at least eighteen (18) months' imprisonment to be followed by at least twelve (12) months of community controVhome confinement to be served upon the defendant's release from federal prison. The defendant further represents that he has had discussions with the State Attorney's Office, which has agreed to likewise make this recommendation. The sentences imposed by the 15th Judicial Circuit Court may tun concurrently with the federal sentence imposed pursuant to this agreement. 13. The defendant agrees to provide to the U.S. Attorney's Office copies of all proposed agreements with the State Attorney's Office prior to entering into those agreements. 14. The defendant agrees that the timely completion of these actions is material to this agreement and is supported by independent consideration and that a breach of any one of these conditions allows the United States to elect to terminate the agreement and to 4 US_Atty_Cor_0067 EFTA00235393 investigate and prosecute the defendant for any and all federal offenses. 15. The United States reserves the right to inform the Court and the probation office of all facts pertinent to the sentencing process, including all relevant information concerning the offenses committed, whether charged or not, as well as concerning the defendant and the defendant's background, and to respond to any questions from the Court and the Probation Office and to any misstatements of fact or law. Subject only to the express terms of any agreed-upon sentencing recommendations contained in this Agreement, this Office further reserves the right to make any recommendation as to the quality and quantity of punishment. 16. The defendant is aware that the sentence has not yet been determined by the Court. The defendant also is aware that any estimate of the probable sentencing range or sentence that the defendant may receive, whether that estimate comes from the defendant's attorney, the government, or the probation office, is a prediction, not a promise, and is not binding on the government, the probation office or the Court. The defendant understands further that any recommendation that the government makes to the Court as to sentencing, whether pursuant to this agreement or otherwise, is not binding on the Court and the Court may disregard the recommendation in its entirety. The defendant understands and acknowledges, as previously acknowledged in paragraph 4 above, that the defendant may not withdraw his plea based upon the Court's decision not to accept a sentencing recommendation made by the defendant, the government, or a recommendation made jointly by both the defendant and the government. 17. WAIVER OF RIGHT TO APPEAL AND COLLATERALLY ATTACK THE SENTENCE. The defendant is aware that Title 18, United States Code, Section 3742 affords the defendant the right to appeal the sentence imposed in this case. Acknowledging this, in exchange for the undertakings made by the United States in this 5 US_Atty_Cor_0068 EFTA00235394 plea agreement, the defendant hereby waives all rights conferred by Section 3742 to appeal any sentence imposed, including any restitution order, or to appeal the manner in which the sentence was imposed, unless the sentence exceeds the maximum permitted by statute. The defendant further voluntarily and expressly waives, to the maximum extent permitted by federal law, the right to collaterally attack his sentence in any post-conviction proceeding, including a motion on any ground brought under 28 U.S.C. § 2254, 28 U.S.C. § 2255, 18 U.S.C. § 3572, or 18 U.S.C. § 3771. The defendant further understands that nothing in this agreement shall affect the government's right and/or duty to appeal as set forth in Title 18, United States Code, Section 3742(b). However, if the United States appeals the defendant's sentence pursuant to Section 3742(b), the defendant shall be released from the above waiver of appellate rights. By signing this agreement, the defendant acknowledges that he has discussed the appeal waiver set forth in this agreement with his attorney. 18. If the defendant fails in any way to fulfill each one of his obligations under this Plea Agreement, the United States, and only the United States, may elect to be released from its commitments under this Plea Agreement. If the United States elects to void the Plea Agreement because of a breach by the defendant, then the United States agrees not to use the defendant's guilty plea against him. However, the United States may prosecute the defendant for any and all Federal crimes that he has committed related to this case and may seek any sentence for such crimes up to and including the statutory maximums. The defendant expressly waives any statute of limitations defense and any constitutional or statutory speedy trial defense to such a prosecution, except to the extent that such a defense exists as of the date he signs this Plea Agreement. Finally, the defendant understands that his violation of the terms of this Plea Agreement would not entitle him to withdraw his guilty plea. 19. This is the entire agreement and understanding between the United States ti US_Atty_Cor_0069 EFTA00235395 and the defendant. There are no other agreements, promises, representations, or understandings. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Date: By: ASSISTANT UNITED STATES ATTORNEY Date: By: JEFFREY EPSTEIN, DEFENDANT Date: By: ROY BLACK, ESQ. ATTORNEY FOR DEFENDANT Date: By: GERALD LEFCOURT, ESQ. COUNSEL TO DEFENDANT 7 US_Atty_Cor_0070 EFTA00235396 To 'Jay Leflcowite co bco 09/20/2007 03:58 PM Subject Epstein plea agreement Jay — there was one spacing problem with the last version. Here is the final. We have added Roy Black's name to a signature line so that a Florida attorney signs it and we don't have to worry about Pro Hac Vice motions. if you would prefer Jack Goldberger's name, please let me know. <<070920 3.45 pm Plea Agreement 1512 counts:wpd» Assistant U.S. Attorney West Palm Beach, FL 33401 «< Attachment '070112Q1,454/flleakmantent 1512soamsaipv halbeariarsh it yneamtntInfilore/IT/Kirkland-Ellis' on '11/26/2007 01:16:07, >» US_Atty_Cor_0071 EFTA00235397 To "Jay Lefkowite cc 1.9ov' bcc 09/20/2007 05:35 PM Subject RE: Final version of Plea Agreement — El Try me on my cell. I will keep it with me. . Thanks. sis L 33401 To cc nagusdol.gov> \(USAFLST \(USAFLSV 05/20/2007 03.82 PM \(USAFLST Subjecflnal version of Ptea Agreement — EPSTEIN US_Atty_Cor_0072 EFTA00235398 Hi Jay — I have attached the plea agreement as approved by the U.S. Attorney and the proposed information. If your client is going to accept the agreement, please let me know by noon tomorrow, so that I can file the Information, get a judicial assignment, and arrange an arraignment and change of plea for Mondaya also will need to set a time for the agents to interview Ms. EM and Ms. to finalize a factual proffer. Following the plea, Mr. Epstein will have at least 70 days before sentencing plus the time to self-surrender in order to get his affairs in order, including entering his guilty pleas to the state charges. mentioned that your client is considering returning to our original offer of just a state plea. If that is the case, the non-prosecution agreement that was provided to you last week will control. Again, we will need to receive a signed version by tomorrow if that is Mr. Epstein's decision. You can reach me on my cell phone at Thank you. «070920 3.46 pm Plea Agreement 1512 counts.wpd» 0 «070919 Information charging 1512.wpd>> Assistant U.S. Attorney West Palm Beach, FL 33401 J US_Atty_Cor_0073 EFTA00235399 MISNSW To 'Jay LefkowIte cc Wow' bcc 09/20/2007 06:43 PM Subject RE: Ptee Agreement — EPSTEIN Jay -- The 18 and 12 has already been agreed to by our office, so that is not a problem. On the issue about IS USC 2255, we seem to be miles apart. Your most recent version not only had me binding the girls to a trust fund administered by the state court, but also promising that they will give up their 2255 rights. I reviewed the e-mail that I sent you on Sunday with the comments on some of your other changes. In the context of a non-prosecution agreement, the office may be more willing to be specific about not pursuing charges against others. However, as I stated on Sunday, the Office cannot and will not bind Immigration. Also, your timetable will need to move up significantly. Ass said in our meeting last week, his office can put together a plea agreement, information, and get you all before the judge on a change of plea within a day. I am headed out now, but you can get me on my cell or call me tomorrow in the office. Thank you. NM IMO 33401 Sir US_Atty_Cor_0074 EFTA00235400 11111111111 ***** The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmasterOkirkland.com, and destroy this communication and all copies thereof, including all attachments. US_Atty_Cor_0075 EFTA00235401 EFTA00235402 that is not a problem. Your On the issue about 18 USC 2255, we seem to be miles apart. most recent version not only had me binding the girls to a trust they fund administered by the state court, but also promising that will give up their 2255 rights. I reviewed the e-mail that I sent you on Sunday with the comments cution on some of your other changes. In the context of a non-prose agreement, the office may be more willing to be specif ic about not pursuing charges against others. However, as I stated on Sunday, the Office cannot and will not bind Immigration. Also, your timetable will need to move up significantly. As said in our meeting last week, his office can put together a pia agreement, information, and get you all before the judge on a change of plea within a day. I am headed out now, but you can get me on my cell or call me tomorrow in the office. Thank you. am Assis tant U.S.iAt len West Palm Beach FL 33401 Mir AMC 1.11111111M Thanks — Jay US_Atty_Cor_0077 EFTA00235403 ****** ** ******************* *** ******* ***************** The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmasterekirkland.com, and destroy this communication and all copies thereof, including all attachments. ********* ********************************************* The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments. ****************************************************** US_Atty_Cor_0078 EFTA00235404 To 09/21/2007 11:49 AM cc Doc Subject Re:Cal today I am happy to talk. My caveat is that in the middle of negotiations, u try to avoidundermining my staff by allowing "interlocutorty" appeals so to speak so I'd want on the call I'll have her set something up. Alex Sent from my SlackBerry Wireless Handheld inal Me ---- US_Atty_Cor_0079 EFTA00235405 11.11111111111IIMMIIIP The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland 6 Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com. and destroy this communication and all copies thereof, including all attachments. US_Atty_Cor_0080 EFTA00235406 To %ley Legtowite Malian cc Ousdoj.govs- bcc 09/21/2007 02:12 PM Subject Revised Non-Prosecution Agreement ‘%. 1 Sink I tilit Hi Jay — Here is my attempt at combining our thoughts. I need to talk to the office about the immigration language before I put it in here. I know that we have not and don't plan to ask immigration to do that, but let me see if they are okay with including it in writing. I spent about an hour with a former corporate counsel from a hospital who now works here to go over the 2255 language. I think that the attached addresses the concern about having an unlimited number of claimed victims, without me trying to bind girls whom I do not represent. This language hasn't been approved by the office yet, so consider it a draft. These are all the same document, just in different formats. <<070921 Epstein Non-Prosecution Agreementwpd>> <<070921 Epstein Non-Prosecution Agreementdoc>> <-4070921 Epstein Non-Proseadlon Agreementpd*> Thanks. If you have any immediate thoughts before you leave, please let me know. MIMIME Assistant U.S. Attorney West Palm Beach, FL 33401 «< Attachment '070921 Epstein Non-Prosecution Aareement.wpd' has been archived by user 'CommonStorefIT/Kirkland-Ellis' on '11/26/2007 01:17:28'. >>> «< Attachment '070921_EPetein Non-Prosecution Aoreementdod has teen archived by useriornimatritORKI E1102902112(M2. 01:17:28'. >>> US_Atty_Cor_0081 EFTA00235407 011 >>> ocif hes <<< Attachment '070921 Epstein Non-Prosecution Aoreement '11/2(W2007 been archived user by 'CommonSt ore/IT/Knkla nd-Ellis' on 01:17:29% >» US_Atty_Cor_0082 EFTA00235408 IN RE: INVESTIGATION OF JEFFREY EPSTEIN / NON-PROSECUTION AGREEMENT IT APPEARING that the City of Palm Beach Police Department and the State Attorney's Office for the 15th Judicial Circuit in and for Palm Beach County (hereinafter, the "State Attorney's Office") have conducted an investigation into the conduct of Jeffrey Epstein (hereinafter "Epstein"); IT APPEARING that the State Attorney's Office has charged Epstein with three counts of solicitation of prostitution, in violation of Florida Statutes Section 796.07; IT APPEARING that the United States Attorney's Office and the Federal Bureau of Investigation have conducted their own investigation of the offenses and Epstein's background; IT APPEARING that Jeffrey Epstein (hereinafter "Epstein") has committed offenses against the United States from in or around 2001 through in or around October 2005, including: (1) knowingly and willfully conspiring with others known and unknown to commit an offense against the United States, that is, to use a facility or means of interstate or foreign commerce to knowingly persuade, induce, or entice minor females to engage in prostitution, in violation of Tide 18, United States Code, Section 2422(b); all in violation of Title 18, United States Code, Section 371; (2) knowingly and willfully conspiring with others known and unknown to travel in interstate commerce for the purpose of engaging in illicit sexual conduct, as defined in 18 U.S.C. § 2423(f), with minor females, in violation of Title 18, United States Code, Section 2423(b); all in violation of Title 18, United States Code, Section 2423(e); (3) using a facility or means of interstate or foreign commerce to knowingly persuade, induce, or entice minor females to engage in prostitution; in violation of Title 18, United States Code, Sections 2422(b) and 2; (4) traveling in interstate commerce for the purpose of engaging in illicit sexual conduct, as defined in 18 U.S.C. § 2423(f), with minor females; in violation of Title 18, United States Code, Section 2423(b); and (5) knowingly, in and affecting interstate and foreign commerce, recruiting, enticing, Page 1 of 5 US_Atty_Cor_0083 EFTA00235409 and obtaining by any means a person, knowing that the person had not attained the age of 18 years and would be caused to engage in a commercial sex act as defined in 18 U.S.C. § 1591(cXl); in violation of Title 18, United States Code, Sections 1591(a)(1) and 2; and IT APPEARING that Epstein has accepted responsibility for his behavior by his signature on this Agreement; and IT APPEARING, after an investigation of the offenses and Epstein's background, that the interest of the United States pursuant to the Petite policy will be served by the following procedure; THEREFORE, on the authority of R. Alexander Acosta, United States Attorney for the Southern District of Florida, prosecution in this District for these offenses shall be deferred in favor of prosecution by the State of Florida, provided that Epstein abides by the following conditions and the requirements of this Agreement set forth below. If the United States Attorney should determine that Epstein has violated any of the conditions of this Agreement, then the United States Attorney may at any time initiate prosecution against Epstein for any offense. In this case, the United States Attorney will furnish Epstein with notice specifying the condition(s) of the Agreement that he has violated. After timely fulfilling all the terms and conditions of the Agreement, no prosecution for the offenses set out on pages 1 and 2 of this Agreement, nor any other offenses that have been the subject of the joint investigation by the Federal Bureau of Investigation and the United States Attorney's Office will be instituted in this District, and the charges against Epstein if any, will be dismissed. Terms of the Agreement: 1. Epstein shall plead guilty (not nolo contendere) to an Information filed by the State Attorney's Office charging Epstein with an offense that requires him to register as a sex offender, that is, the solicitation of minors to engage in prostitution, in violation of Florida Statutes Section 796.03; 2. Epstein and the State Attorney's Office shall make a joint, binding recommendation that the Court impose a thirty (30) month sentence to be divided as follows: (a) Epstein shall begin by serving at least eighteen (18) months in county jail for all charges, without any opportunity for withholding adjudication or sentencing, and without probation or community control in lieu of imprisonment; and Page 2 of 5 US_Atty_Cor_0084 EFTA00235410 (b) following the term of imprisonment, Epstein shall serve twelve (12) months of community control. 3. Epstein shall waive all challenges to the Information filed by the State Attorney's Office and shall waive the right to appeal his conviction and sentence. 4. Epstein shall provide to the U.S. Attorney's Office copies of all proposed agreements with the State Attorney's Office prior to entering into those agreements. 5. The United States shall provide Epstein's attorneys with a list of individuals whom it has identified as victims, as defined in 18 U.S.C. § 2255, after Epstein has signed this agreement and been sentenced. Upon the execution of this agreement, the United States will file a motion with the United States District Court for the Southern District of Florida for the appointment of a guardian ad litem for these persons. Epstein's counsel may contact the identified individuals through that guardian. 6. If any of the individuals referred to in paragraph (5), supra, elect to file suit pursuant to 18 U.S.C. § 2255, Epstein will not contest the jurisdiction of the United States District Court for the Southern District of Florida over his person and/or the subject matter, and Epstein waives his right to contest liability and also waives his right to contest damages up to an amount as agreed to between the identified victim and Epstein. Epstein's signature on this agreement is not to be construed as an admission of civil or criminal liability as to any person whose name does not appear on the list provided by the United States. As to those individuals whose names appear on the list provided by the United States, Epstein's signature on this agreement likewise is not to be construed as an admission of any civil liability other than that contained in 18 U.S.C. § 2255. 7. Epstein shall enter his guilty plea and be sentenced not later than October 19, 2007, and shall self-report to begin serving his sentence not later than December 1, 2007. 8. With credit for gain time, Epstein shall serve at least 450 days in the county jail. Epstein understands that the United States Attorney has no authority to require the State Attorney's Office to abide by any terms of this agreement. Epstein understands that it is his obligation to undertake discussion with the State Attorney's Office to ensure compliance with these procedures, which compliance will be necessary to satisfy the United States' interest, pursuant to the Petite policy. Page 3 of 5 US_Atty_Cor_0085 EFTA00235411 In consideration of Epstein's agreement to plead guilty and to provide compensation to victims, if Epstein successfully fulfills all of the terms and conditions of this agreement, the United States also agrees that it will not institute an criminal charges again any potential co- co • for of Epstein, including MI, Lesley Groff, or Further, upon execution of this agreement and a plea agreement with the State Attorney's Office, the federal Grand Jury investigation will be suspended, and all pending federal Grand Jury subpoenas will be held in abeyance unless and until the defendant violates any term of this agreement. The defendant likewise agrees to withdraw his pending motion to intervene and to quash certain grand jury subpoenas. Both parties agree to maintain their evidence, including certain computer equipment, inviolate until all of the terms of this agreement have been satisfied. By signing this agreement, Epstein asserts and certifies that each of these terms is material to this agreement and is supported by independent consideration and that a breach of any one of these conditions allows the United States to elect to terminate the agreement and to investigate and prosecute Epstein and any other individual or entity for any and all federal offenses. By signing this agreement, Epstein asserts and certifies that he is aware of the fact that the Sixth Amendment to the Constitution of the United States provides that in all criminal prosecutions the accused shall enjoy the right to a speedy and public trial. Epstein further is aware that Rule 48(b) of the Federal Rules of Criminal Procedure provides that the Court may dismiss an indictment, information, or complaint for unnecessary delay in presenting a charge to the Grand Jury, filing an information, or in bringing a defendant to trial. Epstein hereby requests that the United States Attorney for the Southern District of Florida defer such prosecution. Epstein agrees and consents that any delay from the date of this Agreement to the date of initiation of prosecution, as provided for in the terms expressed herein, shall be deemed to be a necessary delay at his own request, and he hereby waives any defense to such prosecution on the ground that such delay operated to deny hint rights under Rule 48(b) of the Federal Rules of Criminal Procedure and the Sixth Amendment to the Constitution of the United States to a speedy trial or to bar the prosecution by reason of the running of the statute of limitations for a period of months equal to the period between the signing of this agreement and the breach of this agreement. Epstein further asserts and certifies that he understands that the Fifth Amendment and Rule 7(a) of the Federal Rules of Criminal Procedure provide that all felonies must be charged in an indictment presented to a grand jury. Epstein hereby agrees and consents that, if a prosecution against him is instituted, it may be by way of an Information signed and filed by the United States Attorney, and hereby waives his right to be indicted by a grand jury. Page 4 of 5 US_Atty_Cor_0086 EFTA00235412 the above has been read and By signing this agreement, Epstein asserts and certifies that stands the conditions of this Non- explained to him. Epstein hereby states that he under Prosecution Agreement and agrees to comply with them. Dated: JEFFREY EPSTEIN Dated: GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN Dated: R. ALEXANDER ACOSTA UNITED STATES ATTORNEY 0 Page 5 of 5 US_Atty_Cor_0087 EFTA00235413 To 'Jay Letkowite cc tgov> bcc 09/21/2007 02:45 PM Subject RE: Reminder Yes. I'm here for a while. Thanks. Villajaha 61.110.to .e West Palm Beach FL 33401 Mir To'Jay Lefkowltf <JLefltowilzakirkiand.com> OW21/2007 Ce:42 PM SubjecReminder Hi Ja — Just a reminder. My home e-mail address is Thanks. Villafaha Assistant U.S. Attorney US_Atty_Cor_0088 EFTA00235414 West Palm Beach, FL 33401 US_Atty_Cor_0089 EFTA00235415 "N/lilefane, To "Jay Letkowite < cc 3/111efentpuedo 1.9 bcc 09/21/2007 02:54 PM Subject RE: Reminder Hi Jay — I thought there was 5 years' probation with 18 months in jail followed by 12 months' home confinement. I only see 12 months incarceration, 12 months community control, with 6 of those months in jail, which would result in only 6 months' home confinement. Am I missing something? Thanks. o Assistant U.S. Atis m West Palm Beac FL 33401 witasSIMISSIIMIS sols ems USAFLs To"Jay Letkowite <J1elkowlizipirkland ccen> CO 09/21/2007 02:42 PM SubJecRemlnder Hi Ja • — Just a reminder. My home e-mail address is Thanks. US_Atty_Cor_0090 EFTA00235416 4.1.. Villafaffa Assistant U.S. Attorney West Palm Beach, FL 33401 US_Atty_Cor_0091 EFTA00235417 Merle C. To "Jay Leikoseite <JLetkovalzepdrkland.coo cc Wow' bcc 09/21/2007 02:55 PM Subject Integration Question Hi Jay — I talked ton' about the immigration language you wanted to include. He said absolutely not, we don't include that in any of our agreements. NMI Villafarta Assistant U.S. Attorney West Palm Beach, FL 33401 US_Atty_Cor_0092 EFTA00235418 'Acosta, Alex XUSAFLST cAlexAcoMeOusdotgov, cc <Andrew.Loune2@usck 09232007 1223 PM SAFLSI" bcc Subject Re: Jaffrey Epstein - confidential Apologies - a. Call on our side. Jay - marie will get back to you. Sent from my BlackBerry Wireless Handheld Original Message From: Acosta, Alex (USAFLS) <AAcosta@usa.doj.gov> To: 'JLefkowitzfikirkland.come CC: <Andrew.Lourie2@usdoj.gov>: . (USAFLS) a ana usa. o .gov> Sent: Sun Sep 23 12:22:46 2007 Subject: Re: Jeffrey Epstein - confidential Can we do a conf call? Sent from my BlackBerry Wireless Handheld Original Message ev> US_Atty_Cor_0093 EFTA00235419 0 US_Atty_Cor_0094 EFTA00235420 3 (3 US_Atty_Cor_0095 EFTA00235421 • 1 • t US_Atty_Cor_0096 EFTA00235422 To "Jay Lefkowite cc "AM Shah" <est OnW C. (usAns)" u 09/23/2007 04:04 PM bcc Subject Re: Draft Agreement size kept Here is the most recent version. I noticed that the font changing throughout, so I put it all in Times New Roma n 13pt. I am attaching in Word Perfect, Word, and PDF. -- Original Message — IPSIMINIM 0.!?yejlt4,14 ina4101.111P0, 0".W.4 - - • . ' • allaggris 111111101. 11. 11111. 1" Milleal US_Atty_Cor_0097 EFTA00235423 E rd Street j New York, NY 10022 Direct 1212-446-6460 Fax I asheth@lirkland.corn *Admission Pending in New York [attachment "20070923 Draft of Epstein Non-Prosecution Agreement (without Term 1) (Redlined).doc" deleted by Jay Leflcowitz/New York/Kirkland-Ellis] Mt* The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us Immediately by return e-mail or by e-mail to postmasta@kinclancLca and destroy this communication'and all copies thereof, including all attachments. ***** corn ment 070. .1c costa Non-Prosecution Agreementdocs has '11/26/2007 been archived by user 'CommonStore/IT/Kiridand-Ellis' on 01;19:45% >>> «C Attachment '070923 Epstein Non-Prosecution Anreeonmentm df has user 'Comm onStor e/IT/K irkland -Ellis' '11/26 /2007 been archived by 01:19:45'. ,» .jtshatachrdenaf spdleinlitu -Prosecution nMOWN" b;nf cclmarQomma t 91:19:46'. >>> US_Atty_Cor_0098 EFTA00235424 IN RE: INVESTIGATION OF JEFFREY EPSTEIN NON-PROSECUTION AGREEMENT IT APPEARING that the City of Palm Beach Police Department and the State Attorney's Office for the 15th Judicial Circuit in and for Palm Beach County (hereinafter, the "State Attorney's Office") have conducted an investigation into the conduct of Jeffrey Epstein (hereinafter "Epstein"); IT APPEARING that the State Attorney's Office has charged Epstein by indictment with solicitation of prostitution, in violation of Florida Statutes Section 796.07; IT APPEARING that the United States Attorney's Office and the Federal Bureau of Investigation have conducted their own investigation into Epstein's background and any offenses committed by Epstein against the United States from in or around 2001 through in or around October 2005, including: (I) knowingly and willfully conspiring with others known and unknown to commit an offense against the United States, that is, to use a facility or means of interstate or foreign commerce to knowingly persuade, induce, or entice minor females to engage in prostitution, in violation of Title 18, United States Code, Section 2422(b); all in violation of Title 18; United States Code, Section 371; • (2) knowingly and willfully conspiring with others known and unknown to travel in interstate commerce for the purpose of engaging in illicit sexual conduct, as defined in 18 U.S.C. § 2423(f), with minor females, in violation of Title 18, United States Code, Section 2423(b); all in violation of Title 18, United States Code, Section 2423(e); (3) using a facility or means of interstate or foreign commerce to knowingly persuade, induce, or entice minor females to engage in prostitution; in violation of Title 18, United States Code, Sections 2422(b) and 2; (4) traveling in interstate commerce for the purpose of engaging in illicit sexual Page 1 of 6 US_Atty_Cor_0099 EFTA00235425 conduct, as defined in 18 U.S.C. § 2423(f), with minor females; in violation of Title 18, United States Code, Section 2423(b); and (5) knowingly, in and affecting interstate and foreign commerce, recruiting, enticing, and obtaining by any means a person, knowing that the person had not attained the age of 18 years and would be caused to engage in a commercial sex act as defined in 18 U.S.C. § 1591(cX1); in violation of Title 18, United States Code, Sections 1591(aX1) and 2; and IT APPEARING, after an investigation of the offenses and Epstein's background, that the interest of the United States pursuant to the Petite policy will be served by the following procedure; THEREFORE, on the authority of R. Alexander Acosta, United States Attorney for the Southern District of Florida, prosecution in this District for these offenses shall be deferred in favor of prosecution by the State of Florida, provided that Epstein abides by the following conditions and the requirements of this Agreement set forth below. If the United States Attorney should determine, based on information he deems reliable, that Epstein has violated any of the conditions of this Agreement, then the United States Attorney may at any time initiate prosecution against Epstein for any offense. In this case, the United States Attorney will furnish Epstein with timely notice specifying the condition(s) of the Agreement that he has violated, and shall initiate its prosecution within sixty (60) days' of giving notice of the violation. After timely fulfilling all the terms and conditions of the Agreement, no prosecution for the offenses set out on pages 1 and 2 of this Agreement, nor any other offenses that have been the subject of the joint investigation by the Federal Bureau of Investigation and the United States Attorney's Office, nor any offenses that were the subject of the Federal Grand Jury investigation will be instituted in this District, and the charges against Epstein if any, will be dismissed. Terms of the Agreement: 1. Epstein shall plead guilty (not nolo contendere) to an Information filed by the State Attorney's Office charging Epstein with an offense that requires him to register as a sex offender, that is, the solicitation of minors to engage in prostitution, in violation of Florida Statutes Section 796.03; 2. Epstein and the State Attorney's Office shall make a joint, binding Page 2 of 6 US_Atty_Cor_001 00 EFTA00235426 recommendation that the Court impose a thirty (30) month sentence to be divided as follows: (a) Epstein shall begin by serving eighteen (18) months in county jail for all charges, without any opportunity for withholding adjudication or sentencing, and without probation or community control in lieu of imprisonment; and (b) following the term of imprisonment, Epstein shall serve twelve (12) months of community control. 3. The terms contained in paragraph 2, supra, do not foreclose Epstein and the State Attorney's Office from agreeing to recommend any additional term(s) of probation and/or incarceration. 4. Epstein shall waive all challenges to the Information filed by the State Attorney's Office and shall waive the right to appeal his conviction and sentence. 5. Epstein shall provide to the U.S. Attorney's Office copies of all proposed agreements with the State Attorney's Office prior to entering into those agreements. 6. The United States shall provide Epstein's attorneys with a list of individuals whom it has identified as victims, as defined in 18 U.S.C. § 2255, after Epstein has signed this agreement and been sentenced. Upon the execution of this agreement, the United States will file a motion with the United States District Court for the Southern District of Florida for the appointment of a guardian ad !item for these persons. Epstein's counsel may contact the identified individuals through that guardian. 7. If any of the individuals referred to in paragraph (6), supra, elects to file suit pursuant to 18 U.S.C. § 2255, Epstein will not contest the jurisdiction of the United States District Court for the Southern District of Florida over his person and/or the subject matter, and Epstein waives his right to contest liability and also waives his right to contest damages up to an amount as agreed to between the identified victim and Epstein. Notwithstanding this waiver, as to those individuals whose names appear on the list provided by the United States, Epstein's signature on this agreement is not to be Page 3 of 6 US_Atty_Cor_001 01 EFTA00235427 ity other than construed as an admission of any criminal or civil liabil that contained in 18 U.S.C. § 2255. construed as 8. Epstein's signature on this agreement also is not to be r of any an admission of civil or criminal liability or a waive does not jurisdictional or other defense as to any person whose name appear on the list provided by the United States. later than 9. Epstein shall enter his guilty plea and be sentenced not sentence October 19, 2007, and shall self-report to begin serving his not later than December 10, 2007. respect 10. Epstein agrees that he will not be afforded any benefits with its as any to gain time, other than the rights, opportunities, and benef gain time other inmate, including but not limited to, eligibility for State credit based on standard rules and regulations that apply in the s to provi de of Florida. At the United States' request, Epstein agree period of an account of the gain time he earned during his incarceration. authority to require the Epstein understands that the United States Attorney has no agreement. Epstein understands that State Attorney's Office to abide by any terms of this State Attorney's Office to ensure it is his obligation to undertake discussion with the will be necessary to satisfy the compliance with these procedures, which compliance United States' interest, pursuant to the Petite policy. guilty and to provide In consideration of Epstein's agreement to plead in successfully fulfills all of the compensation in the manner described above, if Epste d States also agrees that it will not terms and conditions of this agreement, the Unite nspirator of E tein including but institute any criminal char esitsin any potential co-co . Further, Lesley Groffg , or not limited to with the State Attorney's Office, upon execution of this agreement and a plea agreement nded, and all pending federal Grand the federal Grand Jury investigation will be suspe and until the defendant violates any term Jury subpoenas will be held in abeyance unless s to withdraw his pending motion to of this agreement. The defendant likewise agree parties agree to maintain their intervene and to quash certain grand jury subpoenas. Both late until all of the terms of this evidence, including certain computer equipment, invio completion of the terms of this agreement have been satisfied. Upon the successful be deemed withdrawn. agreement, all outstanding grand jury subpoenas shall that each of these terms is By signing this agreement, Epstein asserts and certifies endent consideration and that a material to this agreement and is supported by indep Page 4 of 6 US_Atty_Cor_001 02 EFTA00235428 d States to elect to terminate the breach of any one of these conditions allows the Unite other individual or entity for agreement and to investigate and prosecute Epstein and any any and all federal offenses. he is aware of the fact By signing this agreement, Epstein asserts and certifies that United States provides that in all that the Sixth Amendment to the Constitution of the to a speedy and public trial. criminal prosecutions the accused shall enjoy the right Rules of Criminal Procedure Epstein further is aware that Rule 48(b) of the Federal ation, or complaint for provides that the Court may dismiss an indictment, inform an information, or in unnecessary delay in presenting a charge to the Grand Jury, filing the United States Attorney for bringing a defendant to trial. Epstein hereby requests that Epstein agrees and consents that the Southern District of Florida defer such prosecution. of initiation of prosecution, as any delay from the date of this Agreement to the date to be a necessary delay at his provided for in the terms expressed herein, shall be deemed cution on the ground that own request, and he hereby waives any defense to such prose the Federal Rules of Criminal such delay operated to deny him rights under Rule 48(b) of the United States to a speedy Procedure and the Sixth Amendment to the Constitution of the statute of limitations for a trial or to bar the prosecution by reason of the running of this agreement and the breach period of months equal to the period between the signing of ct of the grand jury's of this agreement as to those offenses that were the subje he understands that the Fifth investigation. Epstein further asserts and certifies that Procedure provide that all Amendment and Rule 7(a) of the Federal Rules of Criminal a grand jury. Epstein hereby felonies must be charged in an indictment presented to for any offense that was agrees and consents that, if a prosecution against him is instituted way of an Information signed the subject of the grand jury's investigation, it may be by right to be indicted by a and filed by the United States Attorney, and hereby waives his grand jury. /// /I/ //I Page 5 of 6 US_Atty_Cor_001 03 EFTA00235429 that the above has been By signing this agreement, Epstein asserts and certifies he understands the conditions of read and explained to him. Epstein hereby states that them. this Non-Prosecution Agreement and agrees to comply with R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Dated: By:morimm---- ASSISTANT U.S. ATTORNEY Dated: JEFFREY EPSTEIN Dated: GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN Dated: JACK GOLDBERGER, ESQ. ATTORNEY FOR JEFFREY EPSTEIN Page 6 of 6 US_Atty_Cor_001 04 EFTA00235430 'Acosta, Alex To %(USAFLEAr <AlexAcosta& MUSAFIST edol.gov> cc 09/23/2007 04:33 bcc PM Subject Re: Jay - I do not mean to be difficult, but our negotiations must take place with the AUSAs assigned to the case. and III have discussed this matter at length with me an several others in the office several times, inclduing today. They have discretion to proceed as they believe just and appropriate. I will be out of pocket much of monday on travel. I know that you and others will be here and want to make sure t my absence do not cause any delays. and Iiii have authority to proceed as they, in e onal opinion, consider best. Alex. Sent from my BlackBerry Wireless Handheld Original Message From: Jay Lefkowitz > To: Acosta, Alex (USA < cos a usa. o .gov> Sent: Sun Sep 23 14:11:57 2007 11.111111111111111111111111e US_Atty_Cor_001 05 EFTA00235431 The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments. US_Atty_Cor_00106 EFTA00235432 To cJLetkowitz@kitkland.eom> cc J.govs• boc 09/23/2007 06:52 PM Subject Revised agreemeM I think this Hi Jay- Can you look at this? Especially paragraph 7. covers the exclusive remedy concern you had. ii%* <<070923 Epstein Non-Prosecution Agreement finni.pc AVachment '07092a Epstein Non-Prosecution Agreement tinal.odr user 'Comm onStor e/IT/K Iddend -Ellis' on has been archived by 11/28/2007 01;19:68i, »> US_Atty_Cor_001 07 EFTA00235433 IN RE: INVESTIGATION OF JEFFREY EPSTEIN NON-PROSECUTION AGREEMENT e Beach Police Department and the Stat IT APPEARING that the City of Palm eina fter, Circuit in and for Palm Beach County (her Attorney's Office for the 15th Judicial con duc t of Jeffrey ducted an investigation into the the "State Attorney's Office") have con Epstein (hereinafter "Epstein"); ent 's Office has charged Epstein by indictm IT APPEARING that the State Attorney n of Florida Statutes Section 796.07; with solicitation of prostitution, in violatio of Attorney's Office and the Federal Bureau IT APPEARING that the United States any investigation into Epstein's background and Investigation have conducted their own in or by Epstein against the United States from offenses that may have been committed ber 2007, including: around 2001 through in or around Septem and unknown to kno win gly and willfully conspiring with others known (1) es, that is, to use a facility or means commit an offense against the United Stat wingly persuade, induce, or entice of interstate or foreign commerce to kno in violation of Title 18, United States minor females to engage in prostitution, of Title 18, United States Code, Section Code, Section 2422(b); all in violation 371; others known and unknown to travel (2) knowingly and willfully conspiring with aging in illicit sexual conduct, as in interstate commerce for the purpose of eng or females, in violation of Title 18, defined in 18 U.S.C. § 2423(f), with min in violation of Title 18, United States United States Code, Section 2423(b); all Code, Section 2423(e); to knowingly usin g a faci lity or means of interstate or foreign commerce (3) ales to engage in prostitution; in persuade, induce, or entice minor fem e, Sections 2422(6) and 2; violation of Title 18, United States Cod ose of engaging in illicit sexual (4) traveling in interstate commerce for the purp , with minor females; in violation conduct, as defined in 18 U.S.C. § 2423(f) Page 1 of 6 US_Atty_Cor_00108 EFTA00235434 2423(b); and of Title 18, United States Code, Section foreign commerce, recruiting, (5) knowingly, in and affecting interstate and on, knowing that. the person had enticing, and obtaining by any means a pers would be caused to engage in a not attained the age of 18 years and § 1591(c)(1); in violation of Title commercial sex act as defined in 18 U.S.C. 1(a)(1) and 2; and 18, United States Code, Sections 159 the offenses and Epstein's background, that IT APPEARING, after an investigation of following t to the Petite policy will be served by the the interest of the United States pursuan procedure; der Acosta, United States Attorney for THEREFORE, on the authority of R.. Alexan l be ion in this District for these offenses shal the Southern District of Florida, prosecut abid es by the e of Florida, provided that Epstein deferred in favor of prosecution by the Stat of this Agreement set forth below. following conditions and the requirements should determine, based on reliable If the United States Attorney any of the conditions of this Agreement, then evidence, that Epstein has willfully violated a the United States Attorney may at any time offense. In this case, the United States Atto initiate prosecution against Epstein for any rney will furnish Epstein with timely noti eement that he has violated, and shall initi ce ate its specifying the condition(s) of the Agr ng notice of the violation. prosecution within sixty (60) days' of givi ditions of the Agreement, no prosecution After timely fulfilling all the terms and con have of this Agreement, nor any other offenses that for the offenses set out on pages 1 and 2 and the ation by the Federal Bureau of Investigation been the subject of the joint investig the Fed eral Grand nses that were the subject of United States Attorney's Office, nor any offe any, inve stig atio n will be inst itute d in this District, and the charges against Epstein if Jury will be dismissed. Terms of the Agreement: tendere) to an Information filed 1. Epstein shall plead guilty (not nob con Epstein with an offense that by the State Attorney's Office charging that is, the solicitation of requires him to register as a sex offender, ation of Florida Statutes Section minors to engage in prostitution, in viol 796.03; shall make a joint, binding 2. Epstein and the State Attorney's Office y (30) month sentence to recommendation that the Court impose a thirt Page 2 of 6 IMP US_Atty_Cor_001 09 EFTA00235435 be divided as follows: (a) Epstein shall begin by serving eighteen (18) months in county olding jail for all charges, without any opportunity for withh proba tion or comm unity adjudication or sentencing, and without control in lieu of imprisonment; and twelve (b) following the term of imprisonment, Epstein shall serve (12) months of community control. not foreclose 3. The terms contained in paragraphs 1 and 2, supra, do to any Epstein and the State Attorney's Office from agreeing to plead additi onal term( s) of additional charge(s) or from recommending any probation and/or incarceration. the State 4. Epstein shall waive all challenges to the Information filed by conviction and Attorney's Office and shall waive the right to appeal his sentence. s of all 5. Epstein shall provide to the U.S. Attorney's Office copie 0 prior to enteri ng proposed agreements with the State Attorney's Office into those agreements. a list of 6. The United States shall provide Epstein's attorneys with . individuals whom it has identified as victims, as defined in 18 U.S.C and been senten ced. § 2255, after Epstein has signed this agreement file a Upon the execution of this agreement, the United States will ct motion with the United States District Court for the Southern Distri these perso ns. of Florida for the appointment of a guardian ad litem for gh that Epstein's counsel may contact the identified individuals throu guardian. , elects to 7. If any of the individuals referred to in paragraph (6), supra conte st the file suit pursuant to 18 U.S.C. § 2255, Epstein will not ct jurisdiction of the United States District Court for the Southern Distri and Epste in waive s of Florida over his person and/or the subject matter, his right to contest liability and also waives his right to contest damages in, up to an amount as agreed to between the identified victim and Epste under so long as the identified victim elects to proceed exclusively ges, 18 U.S.C. § 2255, and agrees to waive any other claim for dama Notw ithsta nding whether pursuant to state, federal, or common law. Page 3 of 6 US_Atty_Cor_00110 EFTA00235436 on the list this waiver, as to those individuals whose names appear ment is provided by the United States, Epstein's signature on this agree nal or civil liabili ty not to be construed as an admission of any crimi other than that contained in 18 U.S.C. § 2255. rued as an 8. Epstein's signature on this agreement also is not to be const al admission of civil or criminal liability or a waiver of any jurisdiction not appea r on the or other defense as to any person whose name does list provided by the United States. than 9. Epstein shall enter his guilty plea and be sentenced not later ce not October 26, 2007, and shall self-report to begin serving his senten later than January 4, 2008. ct to 10. Epstein agrees that he will not be afforded any benefits with respe its as any other gain time, other than the tights, opportunities, and benef credit inmate, including but not limited to, eligibility for gain time apply in the State of based on standard rules and regulations that de an Florida. At the United States' request, Epstein agrees to provi n. account of the gain time he earned during his period of incarceratio authority to require the Epstein understands that the United States Attorney has no ment. Epstein understands that State Attorney's Office to abide by any terms of this agree ney's Office to ensure it is his obligation to undertake discussion with the State Attor necessary to satisfy the United compliance with these procedures, which compliance will be States' interest, pursuant to the Petite policy. de compensation In consideration of Epstein's agreement to plead guilty and to provi s all of the terms and conditions in the manner described above, i f Epstein successfully fulfill institute any criminal char es of this agreement, the United States also agrees that it will not co-conspiratorifisein including but not limited to Lesley Groff, or NM. Further, upon execution o this e, the federal Grand Jury agreement and a plea agreement with the State Attorney's Offic Jury subpoenas will be held investigation will be suspended, and all pending federal Grand of this agreement. The in abeyance unless and until the defendant violates any term ene and to quash certain defendant likewise agrees to withdraw his pending motion to interv evidence, including certain grand jury subpoenas. Both parties agree to maintain their this agreement have been satisfied. computer equipment, inviolate until all of the terms of ment, all outstanding grand jury Upon the successful completion of the terms of this agree subpoenas shall be deemed withdrawn. Page 4 of 6 US_Atty_Cor_00111 EFTA00235437 that each of these terms is By signing this agreement, Epstein asserts and certifies consideration and that a breach material to this agreement and is supported by independent to terminate the agreement of any one of these conditions allows the United States to elect individual or entity for any and all and to investigate and prosecute Epstein and any other federal offenses. is aware of the fact that By signing this agreement, Epstein asserts and certifies that he provides that in all criminal the Sixth Amendment to the Constitution of the United States public trial. Epstein further prosecutions the =owl shall enjoy the right to a speedy and dure provides that the Court is aware that Rule 48(b) of the Federal Rules of Criminal Proce essary delay in presenting may dismiss an indictment, information, or complaint for unnec ing a defendant to trial. Epstein a charge to the Grand Jury, filing an information, or in bring District of Florida defer such hereby requests that the United States Attorney for the Southern the date of this Agreement to prosecution. Epstein agrees and consents that any delay from expressed herein, shall be the date of initiation of prosecution, as provided for in the terms y waives any defense to such deemed to be a necessary delay at his own request, and he hereb him rights under Rule 48(b) of prosecution on the ground that such delay operated to deny dment to the Constitution of the the Federal Rules of Criminal Procedure and the Sixth Amen reason of the running of the statute United States to a speedy trial or to bar the prosecution by a of limitations for a period of months equal to the period betwe agreement and the breach of this agreement as to those offen en the signing of this ses that were the subject of the ies that he understands that the grand jury's investigation. Epstein further asserts and certif nal Procedure provide that all Fifth Amendment and Rule 7(a) of the Federal Rules of Crimi jury. Epstein hereby agrees felonies must be charged in an indictment presented to a grand for any offense that was the and consents that, if a prosecution against him is instituted way of an Information signed and filed subject of the grand jury's investigation, it may be by to be indicted by a grand jury. by the United States Attorney, and hereby waives his right III Ill Page 5 of 6 US_Atty_Cor_00112 EFTA00235438 a By signing this agreement, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he understands the conditions of this Non- Prosecution Agreement and agrees to comply with them. R. ALEXANDER. ACOSTA UNITED STATES ATTORNEY Dated: By: ASSISTANT U.S. ATTORNEY Dated: JEFFREY EPSTEIN Dated: GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN Dated: JACK GOLDBERGER, ESQ. ATTORNEY FOR JEFFREY EPSTEIN Page 6 of 6 US_Atty_Cor_00113 EFTA00235439 To "Jay Loiko?.itz" < cc bcc 09/23/2007 08:04 PM Subject RE: Revised agreement ? Yes. Where would you like me to call you XUSAnStr ii ovl Sent 09/2312607 PM AST To: Jay Lefk owit z Subject: Revised agreement lly paragraph 7. I Hi Jay — Can you look at this? Especia cern you had. think this covers the exclusive remedy con eement final.pdP'> «070923 Epstein Non-Prosecution Agr ****** ************************ *•********************** ***** ication is The information contained in this commun priv ileg ed, may confidential, may be attorney-client only for constitute inside information, and is intended of the use of the addressee. It is the property & Elli s International LLP. Kirkland & Ellis LLP or Kirkland this Unauthorized use, disclosure or copying of ther eof is stric tly prohibited communication or any part and may be unlawful. If you have rece ived this immediately by communication in error, please notify us land.com, and return e-mail or by e-mail to postmaster®kirk ies ther eof, destroy this communication and all cop including all attachments. US_Atty_Co r_0011 4 EFTA00235440 To "Jay Lefkowitz" siLarkovateaktriciand.ca cc War, boc 0923/2007 08:04 PM Subject RE: Revised agreement 1 is definitely under 18 still, and I think there Is a second minor. The appointment of the guardian ad Rem is to provide you with a mechanism to make contact with the girls and to give them the assistance of an independent attorney who represents them (as opposed to me, who represents the government). If you are willing to provide the girls with independent counsel, at Mr. Epstein's expense (and I get to pick the attorney), that is alright with me. 111111 -11 Sent 09/23/2007 06:52 PM AST To: Jay Lefkowitz Subject: Revised agreement Hi Jay - Can you look at this? Especially paragraph 7. I think this covers the exclusive remedy concern you had. «070923 Epstein Non-Prosecution Agreement tinal.pdf» ****************************************************** *it** The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be =lawful. If you have received this US_Atty_Cor_00115 EFTA00235441 communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@ltirkland.corn, and destroy this communication and all copies thereof, including all attachments. ***** ** ***** * t***•• *********************************** US_Atty_Cor_00116 EFTA00235442 To 'Jay LeOcolMte cl.efkewitz@fdrldand.coe cc Wawa bcc 09/23/2007 08:37PM Subject RE: A trustee means there is a trust that has been approved by a court and that the court has appointed a trustee. That doesn't apply here. I cannot bind the girls to a trust. If a guardian is appointed, the girls elect to use him as their attorney and they all agree that a trust is in their beat interests, that is their decision, not mine. I would not be making the motion for appointment of the guardian under 17(c) anyway. The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland a Ellis LLP or Kirkland i Ellis International LLP. US_Atty_Cor_00117 EFTA00235443 Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kitkland.com, and destroy this communication and all copies thereof, including all attachments. US_Atty_Cor_00118 EFTA00235444 "Villafanan To 'Jay Letkowite <Jletkowitzekirkland.com> cc bcc 09,23/2007 08:58 PM Subject Epstein agreement Hi Jay— Here are the revisions that I agree with and those I don't. We have been over paragraph 6 an infinite number of times. It is factually accurate that the list we are going to give you are persons we have identified as victims. If we did not think they were victims, they would have no right to bring suit, regardless of whether your client is willing to waive liability or not. I have not balked about giving your client yet another month to self-surrender, so please let us just put this to rest. I changed the amount of time for the US to notify you of breach to take into account the fact that this agreement will not be completed within 30 months of execution (because of the lengthy delay before self-surrender) and to give us a 6 month windowin case we discover a violation after Mr. Epstein is released. Ido not care if you want to call the appointed person a" representative" instead of a guardian, so long as he/she is: (1) a lawyer, (2) independent; (3) selected by our Office or a federal judge; and (4) paid for by your client or by the federal court. I have sent this to Alex for his review. I have asked him to call me either late tonight or early tomorrow morning. When I get his comments, I will get back to you, probably tomorrow. Thank you. <<070923 Epstein Non-Prosecution Agreement final v2.pdf>> ssialiachinganuagauslisatennunith lane has been archived by user 'CommonStoie/IT/Kirkland-Ells' on '11/26/2007 01:20:2g, >» US_Atty_Cor_00119 EFTA00235445 IN RE: INVESTIGATION OF JEFFREY EPSTEIN NON-PROSECUTION AGREEMENT IT APPEARING that the City of Palm Beach Police Department and the State Attorney's Office for the 15th Judicial Circuit in and for Palm Beach County (hereinafter, the "State Attorney's Office") have conducted an investigation into the conduct of Jeffrey Epstein (hereinafter "Epstein"); IT APPEARING that the State Attorney's Office has charged Epstein by indictment with solicitation of prostitution, in violation of Florida Statutes Section 796.07; IT APPEARING that the United States Attorney's Office and the Federal Bureau of investigation have conducted their own investigation into Epstein's background and any offenses that may have been committed by Epstein against the United States from in or around 2001 through in or around September 2007, including: (1) knowingly and willfully conspiring with others known and unknown to commit an offense against the United States, that is, to use a facility or means of interstate or foreign commerce to knowingly persuade, induce, or entice minor females to engage in prostitution, in violation of Title 18, United States Code, Section 2422(b); all in violation of Title 18, United States Code, Section 371; (2) knowingly and willfully conspiring with others known and unknown to travel in interstate commerce for the purpose of engaging in illicit sexual conduct, as defined in 18 U.S.C. § 2423(0, with minor females, in violation of Title 18, United States Code, Section 2423(b); all in violation of Title 18, United States Code, Section 2423(e); (3) using a facility or means of interstate or foreign commerce to knowingly persuade, induce, or entice minor females to engage in prostitution; in violation of Title 18, United States Code, Sections 2422(b) and 2; (4) traveling in interstate commerce for the purpose of engaging in illicit sexual conduct, as defined in 18 U.S.C. § 2423(f), with minor females; in violation Page 1 of 6 US_Atty_Cor_001 20 EFTA00235446 of Title 18, United States Code, Section 2423(b); and (5) knowingly, in and affecting interstate and foreign commerce, recruiting, enticing, and obtaining by any means a person, knowing that the person had not attained the age of 18 years and would be caused to engage in a commercial sex act as defined in 18 U.S.C. § 1591(c)(1); in violation of Title 18, United States Code, Sections 1591(aX1) and 2; and IT APPEARING, after an investigation of the offenses and Epstein's background, that the interest of the United States pursuant to the Petite policy will be served by the following procedure; THEREFORE, on the authority of IL Alexander Acosta, United States Attorney for the Southern District of Florida, prosecution in this District for these offenses shall be deferred in favor of prosecution by the State of Florida, provided that Epstein abides by the following conditions and the requirements of this Agreement set forth below. If the United States Attorney should determine, based on reliable evidence, that Epstein has willfully violated any of the conditions of this Agreement, then the United States Attorney may, within forty (40) months of the execution of this Agreement, provide Epstein with timely notice specifying the condition(s) of the Agreement that he has violated, and shall initiate its prosecution on any offense within sixty (60) days' of giving notice of the violation. After timely fulfilling all the terms and conditions of the Agreement, no prosecution for the offenses set out on pages 1 and 2 of this Agreement, nor any other offenses that have been the subject of the joint investigation by the Federal Bureau of Investigation and the United States Attorney's Office, nor any offenses that were the subject of the Federal Grand Jury investigation will be instituted in this District, and the charges against Epstein if any, will be dismissed. Terms of the Agreement 1. Epstein shall plead guilty (not nob contendere) to an Information filed by the State Attorney's Office charging Epstein with an offense that requires him to register as a sex offender, that is, the solicitation of minors to engage in prostitution, in violation ofFlorida Statutes Section 796.03; 2. Epstein and the State Attorney's Office shall make a joint, binding recommendation that the Court impose a thirty (30) month sentence to Page 2 of 6 US_Atty_Cor_001 21 EFTA00235447 be divided as follows: (a) Epstein shall begin by serving eighteen (18) months in county jail for all charges, without any opportunity for withholding adjudication or sentencing, and without probation or community control in lieu of imprisonment; and (b) following the term of imprisonment, Epstein shall serve twelve (12) months of community control. 3. The terms contained in paragraphs 1 and 2, supra, do not foreclose Epstein and the State Attorney's Office from agreeing to recommend any additional charge(s) or any additional term(s) of probation and/or incarceration. 4. Epstein shall waive all challenges to the Information filed by the State Attorney's Office and shall waive the right to appeal his conviction and sentence. 5. Epstein shall provide to the U.S. Attorney's Office copies of all proposed agreements with the State Attorney's Office prior to entering into those agreements. 6. The United States shall provide Epstein's attorneys with a list of individuals whom it has identified as victims, as defined in 18 U.S.C. § 2255, after Epstein has signed this agreement and been sentenced. Upon the execution of this agreement, the United States will file a motion with the United States District Court for the Southern District of Florida for the appointment of a guardian ad litem for these persons. Epstein's counsel may contact the identified individuals through that guardian. 7. If any of the individuals referred to in paragraph (6), supra, elects to file suit pursuant to 18 U.S.C. § 2255, Epstein will not contest the jurisdiction of the United States District Court for the Southern District of Florida over his person and/or the subject matter, and Epstein waives his right to contest liability and also waives his right to contest damages up to an amount as agreed to between the identified victim and Epstein, so long as the identified victim elects to proceed exclusively under 18 U.S.C. § 2255, and agrees to waive any other claim for damages, whether pursuant to state, federal, or common law. Notwithstanding Page 3 of 6 US_Atty_Cor_001 22 EFTA00235448 this waiver, as to those individuals whose names appear on the list provided by the United States, Epstein's signature on this agreement is not to be construed as an admission of any criminal or civil liability other than that contained in 18 U.S.C. § 2255. 8. Epstein's signature on this agreement also is not to be construed as an admission of civil or criminal liability or a waiver of any jurisdictional or other defense as to any person whose name does not appear on the list provided by the United States. 9. Epstein shall enter his guilty plea and be sentenced not later than October 26,2007, and shall self-report to begin serving his sentence not later than January 4, 2008. 10. Epstein agrees that he will not be afforded any benefits with respect to gain time, other than the rights, opportunities, and benefits as any other inmate, including but not limited to, eligibility for gain time credit based on standard rules and regulations that apply in the State of Florida. At the United States' request, Epstein agrees to provide an accounting of the gain time he earned during his period of incarceration. 11. The parties anticipate that this agreement will not be made part of any public record. If the United States receives a Freedom of Information Act request or any compulsory process commanding the disclosure of the agreement, it will provide notice to Epstein before making that disclosure. Epstein understands that the United States Attorney has no authority to require the State Attorney's Office to abide by any terms of this agreement. Epstein understands that it is his obligation to undertake discussion with the State Attorney's Office to ensure compliance with these procedures, which compliance will be necessary to satisfy the United States' interest, pursuant to the Petite policy. In consideration of Epstein's agreement to plead guilty and to provide compensation in the manner described above, if Epstein successfully fulfills all of the terms and conditions of this agreement, the United States also agrees that it will not institute any c • Satiatential co-conspiratciir but not limited to Lesley Groff, or Further, upon execution of this agreement and a plea agreement with the State Attorney's Office, the federal Grand Jury investigation will be suspended, and all pending federal Grand Jury subpoenas will be held Page 4 of 6 US_Atty_Cor_001 23 EFTA00235449 in abeyance unless and until the defendant violates any term of this agreement. The defendant likewise agrees to withdraw his pending motion to intervene and to quash certain grand jury subpoenas. Both parties agree to maintain their evidence, including certain computer equipment, inviolate until all of the terms of this agreement have been satisfied. Upon the successful completion of the terms of this agreement, all outstanding grand jury subpoenas shall be deemed withdrawn. By signing this agreement, Epstein asserts and certifies that each of these terms is material to this agreement and is supported by independent consideration and that a breach of any one of these conditions allows the United States to elect to terminate the agreement and to investigate and prosecute Epstein and any other individual or entity for any and all federal offenses. By signing this agreement, Epstein asserts and certifies that he is aware of the fact that the Sixth Amendment to the Constitution of the United States provides that in all criminal prosecutions the accused shall enjoy the right to a speedy and public trial. Epstein further is aware that Rule 48(b) of the Federal Rules of Criminal Procedure provides that the Court may dismiss an indictment, information, or complaint for trateceqsary delay in presenting a charge to the Grand Jury, filing an information, or in bringing a defendant to trial. Epstein hereby requests that the United States Attorney for the Southern District of Fl orida defer such prosecution. Epstein agrees and consents that any delay from the date of this Agreement to the date of initiation of prosecution, as provided for in the terms expressed herein, shall be deemed to be a necessary delay at his own request, and he hereby waives any defense to such prosecution on the ground that such delay operated to deny him rights under Rule 48(b) of the Federal Rules of Criminal Procedure and the Sixth Amendment to the Constitution of the United States to a speedy trial or to bar the prosecution by reason of the running ofthe statute of limitations for a period of months equal to the period between the signing of this agreement and the breach of this agreement as to those offenses that were the subject of the grand jury's investigation. Epstein further asserts and certifies that he understands that the Fifth Amendment and Rule 7(a) of the Federal Rules of Criminal Procedure provide that all felonies must be charged in an indictment presented to a grand jury. Epstein hereby agrees and consents that, if a prosecution against him is instituted for any offense that was the subject of the grand jury's investigation, it may be by way of an Information signed and filed by the United States Attorney, and hereby waives his right to be indicted by a grand jury. /// /// /// Page 5 of 6 US_Atty_Cor_001 24 EFTA00235450 By signing this agreement, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he understands the conditions of this Non- Prosecution Agreement and agrees to comply with them. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Dated: By Nommor---- ASSISTANT U.S. ATTORNEY Dated: JEFFREY EPSTEIN Dated: GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN Dated: LILLYIII SANCHEZ, ESQ. ATTORNEY FOR JEt4•REY EPSTEIN Page 6 of 6 US_Atty_Cor_001 25 EFTA00235451 To "Jay Lefkowite <JLefkowilz@kbidend.coi Zi j.gov> l=rusdo 09/24/2007 09:36 AM cc bcc Subject RE: Epstein 11:30 is fine. I am waiting for final edits from Alex. Can you send me all of the state agreements? My fax number is below or you can e-mail. Thanks. Villafafia Assista 0.S. A tor e 1m Beac , Original Messa e The information contained in this communication is confidential, may be attorney-client'privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmasterOkirkland.com, US_Atty_Cor_00126 EFTA00235452 and thereof, destroy this communication and all copies including all attac hment s. a US_Atty_Cor_00127 EFTA00235453 To "Jay Lefkowitt <J1entowitz@kirkland.com> cc bcc 09/24/2007 10:13 AM Subject Epstein agreement as reviewed by the U.S. Atter Hi Jay - Here is the agreement with Alex's edits. Thank you. <<070924 Epstein Non-Prosecution Agreement w Acosta edits v2.pdf>> Assistant U.S. Attorney West Palm Beach, FL 33401 «< Attachment '070924 Epstein Non-Prosecution Agreement w Acosta edits %/Zoe has been archived by use& 'CommonStore4T/tarkland-Ellis' onillaWal0.7 01:21:11% >» US_Atty_Cor_001 28 EFTA00235454 IN RE: INVESTIGATION OF JEFFREY EPSTEIN NON-PROSECUTION AGREEMENT Department and the State IT APPEARING that the City of Palm Beach Police Beach County (hereinafter, Attorney's Office for the 15th Judicial Circuit in and for Palm tigation into the conduct of Jeffrey the "State Attorney's Office") have conducted an inves Epstein (hereinafter "Epstein"); ed Epstein by indictment IT APPEARING that the State Attorney's Office has charg Statu tes Sectio n 796.07; with solicitation of prostitution, in violation of Florida and the Federal Bureau of IT APPEARING that the United States Attorney's Office Epstein's background and any Investigation have conducted their own investigation into st the United States from in or offenses that may have been committed by Epstein again including: around 2001 through in or around September 2007, and unknown to (1) knowingly and willfully conspiring with others known a facility or means commit an offense against the United States, that is, to use induce, or entice of interstate or foreign commerce to knowingly persuade, 18, United States minor females to engage in prostitution, in violation of Title d States Code, Section Code, Section 2422(b); all in violation of Title 18, Unite 371; wn to travel (2) knowingly and willfully conspiring with others known and unkno l conduct, as in interstate commerce for the purpose of engaging in illicit sexua ion of Title 18, defined in 18 U.S.C. § 2423(f), with minor females, in violat 18, United States United States Code, Section 2423(b); all in violation of Title Code, Section 2423(e); to knowingly (3) using a facility or means of interstate or foreign commerce in prosti tution; in persuade, induce, or entice minor females to engage and 2; violation of Title 18, United States Code, Sections 2422(b) in illicit sexual (4) traveling in interstate commerce for the purpose of engaging es; in violation conduct, as defined in 18 U.S.C. § 2423(f), with minor femal Page 1 of 6 US_Atty_Cor_001 29 EFTA00235455 of Title 18, United States Code, Section 2423(b); and (5) knowingly, in and affecting interstate and foreign commerce, recruiting, enticing, and obtaining by any means a person, knowing that the person had not attained the age of 18 years and would be caused to engage in a commercial sex act as defined in 18 U.S.C. § 1591(cX1); in violation of Title 18, United States Code, Sections 1591(a)(1) and 2; and IT APPEARING that Epstein seeks to resolve globally his state and federal criminal liability and Epstein understands and acknowledges that, in order to do so, he must undertake certain actions with the State Attorney's Office; IT APPEARING, after an investigation of the offenses and Epstein's background by both State and Federal law enforcement agencies, and after due consultation with the State Attorney's Office, that the interests of the United States, the State of Florida, and the Defendant will be served by the following procedure; THEREFORE, on the authority of R. Alexander Acosta, United States Attorney for the Southern District of Florida, prosecution in this District for these offenses shall be deferred in favor of prosecution by the State of Florida, provided that Epstein abides by the following conditions and the requirements of this Agreement set forth below. If the United States Attorney should determine, based on reliable evidence, that, during the period of the Agreement, Epstein willfully violated any of the conditions of this Agreement, then the United States Attorney may, within ninety (90) days following the expiration of the term of home confinement discussed below, provide Epstein with timely notice specifying the condition(s) of the Agreement that he has violated, and shall initiate its prosecution on any offense within sixty (60) days' of giving notice of the violation. After timely fulfilling all the terms and conditions of the Agreement, no prosecution for the offenses set out on pages 1 and 2 of this Agreement, nor any other offenses that have been the subject of the joint investigation by the Federal Bureau of Investigation and the United States Attorney's Office, nor any offenses that were the subject of the Federal Grand Jury investigation will be instituted in this District, and the charges against Epstein if any, will be dismissed. Terms of the Agreement: 1. Epstein shall plead guilty (not nob contendere) to an Information filed by the State Attorney's Office charging Epstein with an offense that requires him to register as a sex offender, that is, the solicitation of Page 2 of 6 US_Atty_Cor_00130 EFTA00235456 minors to engage in prostitution, in violation of Florida Statutes Section 796.03; 2. Epstein shall make a binding recommendation that the Court impose a thirty (30) month sentence to be divided as follows: (a) Epstein shall be sentenced to eighteen (18) months in county jail for all charges, without any opportunity for withholding adjudication or sentencing, and without probation or community control in lieu of imprisonment; and (b) following the term of imprisonment, Epstein shall serve twelve (12) months of community control. 3. The terms contained in paragraphs 1 and 2, supra, do not foreclose Epstein and the State Attorney's Office from agreeing to recommend any additional charge(s) or any additional term(s) of probation and/or incarceration, and do not foreclose a Judge of the 15th Judicial Circuit from imposing a sentence in excess of the terms set forth above. 4. Epstein shall waive all challenges to the Information filed by the State Attorney's Office and shall waive the right to appeal his conviction and sentence. 5. Epstein shall provide to the U.S. Attorney's Office copies of all proposed agreements with the State Attorney's Office prior to entering into those agreements. 6. The United States shall provide Epstein's attorneys with a list of individuals whom it has identified as victims, as defined in 18 U.S.C. § 2255, after Epstein has signed this agreement and been sentenced. Upon the execution of this agreement, the United States will file a motion with the United States District Court for the Southern District of Florida for the appointment of a guardian ad litem for these persons. Epstein's counsel may contact the identified individuals through that guardian. 7. If any of the individuals referred to in paragraph (6), supra, elects to file suit pursuant to 18 U.S.C. § 2255, Epstein will not contest the jurisdiction of the United States District Court for the Southern District of Florida over his person and/or the subject matter, and Epstein waives Page 3 of 6 US_Atty_Cor_00131 EFTA00235457 st damages his right to contest liability and also waives his right to conte in, up to an amount as agreed to between the identified victim and Epste under 18 so long as the identified victim elects to proceed exclusively claim for dama ges, U.S.C. § 2255, and agrees to waive any other ithsta nding whether pursuant to state, federal, or common law. Notw this waiver, as to those individuals whos e name s appea r on the list ment is provided by the United States, Epstein's signature on this agree civil liability not to be construed as an admission of any criminal or other than that contained in 18 U.S.C. § 2255. rued as an 8. Epstein's signature on this agreement also is not to be const al admission of civil or criminal liability or a waiver of any jurisdiction appear on the or other defense as to any person whose name does not list provided by the United States. plea and be 9. Epstein shall use his best efforts to enter his guilty d States has no sentenced not later than October 26, 2007. The Unite sentence not objection to Epstein self-reporting to begin serving his later than January 4, 2008. with respect to 10. Epstein agrees that he will not be afforded any benefits gain time, other than the rights, opportunities, and benef its as any other credit inmate, including but not limited to, eligibility for gain time of based on standard rules and regulations that apply in the State s to provi de an Florida. At the United States' request, Epstein agree of accounting of the gain time he earned during his period incarceration. part of any 11. The parties anticipate that this agreement will not be made of Inform ation public record. If the United States receives a Freedom sure of Act request or any compulsory process commanding the disclo in befor e makin g that the agreement, it will provide notice to Epste disclosure. authority to require the Epstein understands that the United States Attorney has no ment. Epstein understands that State Attorney's Office to abide by any terms of this agree Attorney's Office and to use his it is his obligation to undertake discussions with the State which compliance will be necessary best efforts to ensure compliance with these procedures, s that it is his obligation to use to satisfy the United States' interest. Epstein also understand it to accept Epstein's binding his best efforts to convince the Judge of the 15th Judicial Circu understands that the failure to recommendation regarding the sentence to be imposed, and Page 4 of 6 US_Atty_Cor_00132 EFTA00235458 do so will be a breach of the agreement In consideration of Epstein's agreement to plead guilty and to provide compensation in the manner described above, if Epstein successfully fulfills all of the terms and conditions of this agreement, the United States also agrees that it will not institute any • ' is tential co-conspiratoggkpstein, including but not limited to Lesley Groff, or Marcinkova. Further, upon execution of this agreement and a plea agreement with the State Attorney's Office, the federal Grand Jury investigation will be suspended, and all pending federal Grand Jury subpoenas will be held in abeyance unless and until the defendant violates any term of this agreement The defendant likewise agrees to withdraw his pending motion to intervene and to quash certain grand jury subpoenas. Both parties agree to maintain their evidence, including certain computer equipment, inviolate until all of the terms of this agreement have been satisfied. Upon the successfhl completion of the terms of this agreement, all outstanding grand jury subpoenas shall be deemed withdrawn. By signing this agreement, Epstein asserts and certifies that each of these terms is material to this agreement and is supported by independent consideration and that a breach of any one of these conditions allows the United States to elect to terminate the agreement 0 and to investigate and prosecute Epstein and any other individual or entity for any and all federal offenses. By signing this agreement, Epstein asserts and certifies that he is aware of the fact that the Sixth Amendment to the Constitution of the United States provides that in all criminal prosecutions the accused shall enjoy the right to a speedy and public trial. Epstein further is aware that Rule 48(b) of the Federal Rules of Criminal Procedure provides that the Court may dismiss an indictment, information, or complaint for unnecessary delay in presenting a charge to the Grand Jury, filing an information, or in bringing a defendant to trial. Epstein hereby requests that the United States Attorney for the Southern District ofFlorida defer such prosecution. Epstein agrees and consents that any delay from the date of this Agreement to the date of initiation of prosecution, as provided for in the terms expressed herein, shall be deemed to be a necessary delay at his own request, and he hereby waives any defense to such prosecution on the ground that such delay operated to deny him rights under Rule 48(b) of the Federal Rules of Criminal Procedure and the Sixth Amendment to the Constitution of the United States to a speedy trial or to bar the prosecution by reason of the running of the statute of limitations for a period of months equal to the period between the signing of this agreement and the breach of this agreement as to those offenses that were the subject of the grand jury's investigation. Epstein further asserts and certifies that he understands that the Fifth Amendment and Rule 7(a) of the Federal Rules of Criminal Procedure provide that all felonies must be charged in an indictment presented to a grand jury. Epstein hereby agrees and consents that, if a prosecution against him is instituted for any offense that was the Page 5 of 6 US_Atty_Cor_00133 EFTA00235459 an Information signed and filed subject of the grand jury's investigation, it may be by way of to be indicted by a grand jury. by the United States Attorney, and hereby waives his right the above has been read By signing this agreement, Epstein asserts and certifies that s the conditions of this Non- and explained to him. Epstein hereby states that he understand Prosecution Agreement and agrees to comply with them. R ALEXANDER ACOSTA UNITED STATES ATTORNEY Dated: By: ASSISTANT U.S. ATTORNEY Dated: JEFFREY EPSTEIN Dated: GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN Dated: LILLY'. SANCHEZ, ESQ. ATTORNEY FOR JEFFREY EPSTEIN Page 6 of 6 US_Atty_Cor_00134 EFTA00235460 To *Jay Letitowite co ill 'Weinberg' <osorrtgeorkinetattnet>, c rAnallirniliGarcia. wSAR-S bcc wed by the U.S. Adorns, Subject RE: Epstein agreement as revie rney had a last-minute Hi Jay — Sorry for the delay. The U.S. Atto "It Appearing" clause concern, that I think I fixed (it is in the first ated). following the list of statutes potentially viol the potential After you get the green light, let's discuss has run a preliminary representative. The person I am thinking of conflicts check and it looks alright. rding the list of names, Also, to address Mr. Epstein's concern rega of 34 confirmed I wanted to tell you that I have compiled a list es we already have, who minors. There are six others, whose nam irm whether they were 17 need to be interviewed by the FBI to conf tein. Once those or 18 at the time of their activity with Mr. Eps list of identified interviews are completed, I can finalize the nt that I will maintain victims, which I will put in a formal docume ng. until the time of Mr. Epstein's sentenci execute at least three Assuming that this agreement is fine, please rest by FedEx. I will copies, and send one to me by fax and the execute and send the copies back. Thank you. WE US_Atty_Cor_00135 EFTA00235461 Assistant U.S. Attorney West Palm Beach, FL 33401 CAMSS"IO ®usdoj.gov> To "Jay Letkowitz" cc <Thefkowitzgdrkland.cont> 09/24/2007 10:13 AM Sub Epstein agreement as reviewed ject by the U.S. Attorney you. Hi Jay — Here is the agreement with Alex's edits. Thank US_Atty_Cor_00136 EFTA00235462 <<070924 Epstein Non-Prosecution Agreement w Acosta edits v2.pdf>> Assistant U.S. Attorney West Palm Beach, FL 33401 W 824 Final Epstein Non-Prosecution Aoreementpdr hes been archived by user 'CommonStore/IT/Kirldend-Elnet on.. '11,26/2007 01:22;05% >>> US_Atty_Cor_00137 EFTA00235463 IN RE: INVESTIGATION OF JEFFREY EPSTEIN NON-PROSECUTION AGREEMENT Beach Police Department and the State IT APPEARING that the City of Palm uit in and for Palm Beach County (hereinafter, Attorney's Office for the 15th Judicial Circ rey te Atto rney 's Off ice" ) hav e con duc ted an investigation into the conduct of Jeff the "Sta Epstein (hereinafter "Epstein"); Office has charged Epstein by indictment IT APPEARING that the State Attorney's n of Florida Statutes Section 796.07; with solicitation of prostitution, in violatio rney's Office and the Federal Bureau of IT APPEARING that the United States Atto stigation into Epstein's background and any Investigation have conducted their own inve or Epstein against the United States from in offenses that may have been committed by tember 2007, including: around 2001 through in or around Sep others known and unknown to (1) knowingly and willfully conspiring with es, that is, to use a facility or means commit an offense against the United Stat to knowingly persuade, induce, or entice of interstate or foreign commerce in violation of Title 18, United States minor females to engage in prostitution, 18, United States Code, Section Code, Section 2422(b); all in violation of Title 371; others known and unknown to travel (2) knowingly and willfully conspiring with aging in illicit sexual conduct, as in interstate commerce for the purpose of eng or females, in violation of Title 18, defined in 18 U.S.C. § 2423(f), with min all in violation of Title 18, United States United States Code, Section 2423(b); Code, Section 2423(e); foreign commerce to knowingly using a facility or means of interstate or (3) ales to engage in prostitution; in persuade, induce, or entice minor fem e, Sections 2422(b) and 2; violation of Title 18, United States Cod the purpose of engaging in illicit sexual (4) traveling in interstate commerce for , with minor females; in violation conduct, as defined in 18 U.S.C. § 2423(i) Page 1 of 7 US_Atty_Cor_00138 EFTA00235464 of Title 18, United States Code, Section 2423(b); and (5) knowingly, in and affect►ng interstate and foreign commerce, recruiting, enticing, and obtaining by any means a person, knowing that the person had not attained the age of 18 years and would be caused to engage in a commercial sex act as defined in 18 U.S.C. § 1591(c)(1); in violation of Title 18, United States Code, Sections 1591(a)(1) and 2; and IT APPEARING that Epstein seeks to resolve globally his state and federal criminal liability and Epstein understands and acknowledges that, in exchange for the benefits provided by this agreement, he agrees to comply with its terms, including undertaking certain actions with the State Attorney's Office; IT APPEARING, after an investigation of the offenses and Epstein's background by both State and Federal law enforcement agencies, and after due consultation with the State Attorney's Office, that the interests of the United States, the State of Florida, and the Defendant will be served by the following procedure; THEREFORE, on the authority of R. Alexander Acosta, United States Attorney for the Southern District of Florida, prosecution in this District for these offenses shall be deferred in favor of prosecution by the State of Florida, provided that Epstein abides by the following conditions and the requirements of this Agreement set forth below. If the United States Attorney should determine, based on reliable evidence, that, during the period of the Agreement, Epstein willfully violated any of the conditions of this Agreement, then the United States Attorney may, within ninety (90) days following the expiration of the term of home confinement discussed below, provide Epstein with timely notice specifying the condition(s) of the Agreement that he has violated, and shall initiate its prosecution on any offense within sixty (60) days' of giving notice of the violation. Any notice provided to Epstein pursuant to this paragraph shall be provided within 60 days of the United States learning of facts which may provide a basis for a determination of a breach of the Agreement. After timely fulfilling all the terms and conditions of the Agreement, no prosecution for the offenses set out on pages 1 and 2 of this Agreement, nor any other offenses that have been the subject of the joint investigation by the Federal Bureau of Investigation and the United States Attorney's Office, nor any offenses that arose from the Federal Grand Jury investigation will be instituted in this District, and the charges against Epstein if any, will be dismissed. Page 2 of 7 US_Atty_Cor_001 39 EFTA00235465 Terms of the Agreement: ment as 1. Epstein shall plead guilty (not nob contendere) to the Indict for currently pending against him in the 15th Judicial Circuit in and MS) charg ing Palm Beach County (Case No. 2006-cf-009495AXXX Fl. Stat. § one (1) count of solicitation of prostitution, in violation of filed 796.07. In addition, Epstein shall plead guilty to an Information e that by the State Attorney's Office charging Epstein with an offens tation of requires him to register as a sex offender, that is, the solici a Statut es Section minors to engage in prostitution, in violation of Florid 796.03; impose a 2. Epstein shall make a binding recommendation that the Court thirty (30) month sentence to be divided as follows: (a) Epstein shall be sentenced to consecutive terms of twelve (12) months and six (6) months in county jail for all charges, without any opportunity for withholding adjudication or sentencing, and without probation or community control in lieu of imprisonment; and (b) Epstein shall be sentenced to a term of twelve (12) months of community control consecutive to his two terms in county jail as described in Term 2(a), supra. ial Circuit 3. This agreement is contingent upon a Judge of the 15th Judic State accepting and executing the sentence agreed upon between the are set forth in this Attorney's Office and Epstein, the details of which agreement. ose 4. The terms contained in paragraphs 1 and 2, supra, do not forecl Epstein and the State Attorney's Office from agreeing to recommend and/or any additional charge(s) or any additional term(s) of probation incarceration. State 5. Epstein shall waive all challenges to the Information filed by the and Attorney's Office and shall waive the right to appeal his conviction sentence. all 6. Epstein shall provide to the U.S. Attorney's Office copies of enteri ng proposed agreements with the State Attorney's Office prior to Page 3 of 7 US_Atty_Cor_00140 EFTA00235466 into those agreements. with a list of 7. The United States shall provide Epstein's attorneys 18 U.S.C. individuals whom it has identified as victims, as defined in senten ced. § 2255, after Epstein has signed this agreement and been consultation Upon the execution of this agreement, the United States, in Epste in's couns el, shall with and subject to the good faith approval of be paid for select an attorney representative for these persons, who shall individuals by Epstein. Epstein's counsel may contact the identified through that representative. , elects to 8. If any of the individuals referred to in paragraph (7), supra conte st the file suit pursuant to 18 U.S.C. § 2255, Epstein will not District jurisdiction of the United States District Court for the Southern r, and Epste in waives of Florida over his person and/or the subject matte damages his right to contest liability and also waives his right to contest dual and up to an amount as agreed to between the identified indivi to proceed Epstein, so long as the identified individual elects any other exclusively under 18 U.S.C. § 2255, and agrees to waive l, or comm on law. claim for damages, whether pursuant to state, federa e names Notwithstanding this waiver, as to those individuals whos ture on appear on the list provided by the United States, Epstein's signa st liabili ty and such this agreement, his waivers and failures to conte of any damages in any suit are not to be construed as an admission criminal or civil liability. rued as an 9. Epstein's signature on this agreement also is not to be const r of any jurisd ictional admission of civil or criminal liability or a waive r on the or other defense as to any person whose name does not appea list provided by the United States. signature 10. Except as set forth in paragraph (8), supra, neither Epstein's result ing waive rs or on this agreement, nor its terms, nor any or evide nce of settlements by Epstein are to be construed as admissions other civil or criminal liability or a waiver of any jurisdictional or on the list defense as to any person, whether or not her name appears provided by the United States. and be 11. Epstein shall use his best efforts to enter his guilty plea has no sentenced not later than October 26, 2007. The United States nce not objection to Epstein self-reporting to begin serving his sente A , Page 4 of 7 US_Atty_Cor_00141 EFTA00235467 later than January 4, 2008. respect to 12. Epstein agrees that he will not be afforded any benefits with benef its as any other gain time, other than the rights, opportunities, and credit inmate, including but not limited to, eligibility for gain time the State of based on standard rules and regulations that apply in s to provide an Florida. At the United States' request, Epstein agree period of accounting of the gain time he earned during his incarceration. of any 13. The parties anticipate that this agreement will not be made part om of Inform ation public record. If the United States receives a Freed sure of Act request or any compulsory process commanding the disclo in befor e makin g that the agreement, it will provide notice to Epste disclosure. authority to require the - Epstein understands that the United States Attorney has no ment Epstein understands that State Attorney's Office to abide by any terms of this agree Attorney's Office and to use his it is his obligation to undertake discussions with the State compliance will be necessary best efforts to ensure compliance with these procedures, which s that it is his obligation to use to satisfy the United States' interest. Epstein also understand it to accept Epstein's binding his best efforts to convince the Judge of the 15th Judicial Circu and understands that the failure to recommendation regarding the sentence to be imposed, do so will be a breach of the agreement. to provide compensation In consideration of Epstein's agreement to plead guilty and s all of the terms and conditions in the manner described above, if Epstein successfully fulfill not institute any cri ' of this agreement, the United States also agrees that it will tential co-conspirat • • ding but not limited to , Lesley Groff; or Further, upon execution of this ney's Office, the federal Grand Jury agreement and a plea agreement with the State Attor Jury subpoenas will be held investigation will be suspended, and all pending federal Grand term of this agreement The in abeyance unless and until the defendant violates any intervene and to quash certain defendant likewise agrees to withdraw his pending motion to evidence, specifically evidence grand jury subpoenas. Both parties agree to maintain their that have been issued, and requested by or directly related to the grand jury subpoenas terms of this agreement have including certain computer equipment, inviolate until all of the the terms of this agreement, all been satisfied. Upon the successful completion of withdrawn. outstanding grand jury subpoenas shall be deemed that each of these terms is By signing this agreement, Epstein asserts and certifies Page 5 of 7 US_Atty_Cor_00142 EFTA00235468 t consideration and that a breach material to this agreement and is supported by independen to elect to terminate the agreement of any one of these conditions allows the United States individual or entity for any and all and to investigate and prosecute Epstein and any other federal offenses. he is aware of the fact that By signing this agreement, Epstein asserts and certifies that States provides that in all criminal the Sixth Amendment to the Constitution of the United public trial. Epstein further prosecutions the accused shall enjoy the right to a speedy and Procedure provides that the Court is aware that Rule 48(b) of the Federal Rules of Criminal unnecessary delay in presenting may dismiss an indictment, information, or complaint for ing a defendant to trial. Epstein a charge to the Grand Jury, filing an information, or in bring ern District ofFlorida defer such hereby requests that the United States Attorney for the South the date of this Agreement to prosecution. Epstein agrees and consents that any delay from the terms expressed herein, shall be the date of initiation of prosecution, as provided for in he hereby waives any defense to such deemed to be a necessary delay at his own request, and him rights under Rule 48(b) of prosecution on the ground that such delay operated to deny dment to the Constitution of the the Federal Rules of Criminal Procedure and the Sixth Amen reason of the running of the statute United States to a speedy trial or to bar the prosecution by period between the signing of this of limitations for a period of months equal to the ses that were the subject of the agreement and the breach of this agreement as to those offen ies that he understands that the grand jury's investigation. Epstein further asserts and certif Criminal Procedure provide that all Fifth Amendment and Rule 7(a) of the Federal Rules of to a grand jury. Epstein hereby agrees felonies must be charged in an indictment presented for any offense that was the and consents that, if a prosecution against him is instituted way of an Information signed and filed subject of the grand jury's investigation, it may be by right to be indicted by a grand jury as by the United States Attorney, and hereby waives his to any such offense. //I /I/ Page 6 of 7 US_Atty_Cor_00143 EFTA00235469 that the above has been read By signing this agreement, Epstein asserts and certifies understands the conditions of this Non- and explained to him. Epstein hereby states that he Prosecution Agreement and agrees to comply with them. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Dated: By: ASSISTANT U.S. ATTORNEY Dated: JEFFREY EPSTEIN Dated: GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN Dated: LILLY IIKSANCHEZ, ESQ. ATTORNEY FOR JEFFREY EPSTEIN Page 7 of 7 US_Atty_Cor_00144 EFTA00235470 To "Jay Lefkowite cc bcc Subject The final final 09/24/2007 02:16 PM >> <<070924 Final Epstein Non-Prosecution Agrees ent.pcle Assistant U.S. Attorney West Palm Beach, FL 33401 M 070924 Final Epstein Non•Prosecution Agreement.pc if US_Atty_Cor_00145 EFTA00235471 IN RE: INVESTIGATION OF JEFFREY EPSTEIN 1101LEROSECOMAGILEEMENI Department and the State IT APPEARING that the City of Palm Beach Police Beach County (hereinafter, Attorney's Office for the 15th Judicial Circuit in and for Palm tigation into the conduct of Jeffrey the "State Attorney's Office") have conducted an inves Epstein (hereinafter "Epstein"); Epstein by indictment IT APPEARING that the State Attorney's Office has charged tes Section 796.07; with solicitation of prostitution, in violation of Florida Statu e and the Federal Bureau of IT APPEARING that the United States Attorney's Offic Epstein's background and any Investigation have conducted their own investigation into the United States from in or offenses that may have been committed by Epstein against ing: around 2001 through in or around September 2007, includ unknown to (1) knowingly and willfully conspiring with others known and y or means commit an offense against the United States, that is, to use a facilit induc e, or entice of interstate or foreign commerce to knowingly persuade, 18, United States minor females to engage in prostitution, in violation of Title , Section Code, Section 2422(b); all in violation of Title 18, United States Code 371; wn to travel (2) knowingly and willfully conspiring with others known and unkno l conduct, as in interstate commerce for the purpose of engaging in illicit sexua ion of Title 18, defined in 18 U.S.C. § 2423(f), with minor females, in violat 18, United States United States Code, Section 2423(b); all in violation of Title Code, Section 2423(e); to knowingly (3) using a facility or means of interstate or foreign commerce tution; in persuade, induce, or entice minor females to engage in prosti b) and 2; violation of Title 18, United States Code, Sections 2422( sexual (4) traveling in interstate commerce for the purpose of engaging in illicit es; in violation conduct, as defined in 18 U.S.C. § 2423O1 with minor femal Page 1 of 7 US_Atty_Cor_00146 EFTA00235472 of Title 18, United States Code, Section 2423(b); and recruiting, (5) knowingly, in and affecting interstate and foreign commerce, know ing that the perso n had enticing, and obtaining by any means a person, in a d to engag e not attained the age of 18 years and would be cause violation of Title commercial sex act as defined in 18 U.S.C. § 1591(c)(1); in 18, United States Code, Sections 1591(a)(1) and 2; and lly his state and federal criminal IT APPEARING that Epstein seeks to resolve globa that, in exchange for the benefits liability and Fpstein understands and acknowledges , including undertaking certain provided by this agreement, he agrees to comply with its terms actions with the State Attorney's Office; Epstein's background by IT APPEARING, after an investigation of the offenses and due consultation with the State both State and Federal law enforcement agencies, and after the State of Florida, and the Attorney's Office, that the interests of the United States, Defendant will be served by the following procedure; d States Attorney for THEREFORE, on the authority of R. Alexander Acosta, Unite ct for these offenses shall be the Southern District of Florida, prosecution in this Distri ded that Epstein abides by the deferred in favor of prosecution by the State of Florida, provi ment set forth below. following conditions and the requirements of this Agree reliable evidence, that, If the United States Attorney should determine, based on ed any of the conditions of this during the period of the Agreement, Epstein willfully violat ninety (90) days following the Agreement, then the United States Attorney may, within below, provide Epstein with timely expiration of the term of home confinement discussed violated, and shall initiate its notice specifying the condition(s) of the Agreement that he has notice of the violation. Any prosecution on any offense within sixty (60) days' of giving be provided within 60 days of the notice provided to Epstein pursuant to this paragraph shall for a determination of a breach of United States learning of facts which may provide a basis the Agreement. the Agreement, no prosecution After timely fulfilling all the terms and conditions of ment, nor any other offenses that have for the offenses set out on pages 1 and 2 of this Agree u of Investigation and the been the subject of the joint investigation by the Federal Burea from the Federal Grand Jury United States Attorney's Office, nor any offenses that arose es against Epstein if any, will be investigation will be instituted in this District, and the charg dismissed. Page 2 of 7 US_Atty_Cor_00147 EFTA00235473 Terms of the Agreement 1. Epstein shall plead guilty (not nolo contendere) to the Indictment as currently pending against him in the 15th Judicial Circuit in and for Palm Beach County (Case No. 2006-cf-009495AXXXMB) charging one (1) count of solicitation of prostitution, in violation of Fl. Stat. § 796.07. In addition, Epstein shall plead guilty to an Information filed by the State Attorney's Office charging Epstein with an offense that requires him to register as a sex offender, that is, the solicitation of minors to engage in prostitution, in violation of Florida Statutes Section 796.03; 2. Epstein shall make a binding recommendation that the Court impose a thirty (30) month sentence to be divided as follows: (a) Epstein shall be sentenced to consecutive teens of twelve (12) months and six (6) months in county jail for all charges, without any opportunity for withholding adjudication or sentencing, and a without probation or community control in lieu of imprisonment; and (b) Epstein shall be sentenced to a term of twelve (12) months of community control consecutive to his two terms in county jail as described in Term 2(a), supra. 3. This agreement is contingent upon a Judge of the 15th Judicial Circuit accepting and executing the sentence agreed upon between the State Attorney's Office and Epstein, the details of which are set forth in this agreement. 4. The terms contained in paragraphs 1 and 2, supra, do not foreclose Epstein and the State Attorney's Office from agreeing to recommend any additional charge(s) or any additional term(s) of probation and/or incarceration. 5. Epstein shall waive all challenges to the Information filed by the State Attorney's Office and shall waive the right to appeal his conviction and sentence, except a sentence that exceeds what is set forth in paragraph (2), supra. 6. Epstein shall provide to the U.S. Attorney's Office copies of all Page 3 of 7 US_Atty_Cor_00148 EFTA00235474 to entering proposed agreements with the State Attorney's Office prior into those agreements. with a list of 7. The United States shall provide Epstein's attorneys in 18 U.S.C. individuals whom it has identified as victims, as defined sentenced. § 2255, after Epstein has signed this agreement and been , in consu ltation Upon the execution of this agreement, the United States el, shall with and subject to the good faith approval of Epstein's couns ns, who shall be paid for select an attorney representative for these perso individuals by Epstein. Epstein's counsel may contact the identified through that representative. , elects to 8. If any of the individuals referred to in paragraph (7), supra contest the file suit pursuant to 18 U.S.C. § 2255, Epstein will not District jurisdiction of the United States District Court for the Southern in waives ofFlorida over his person and/or the subject matter, and Epste right to conte st damages his right to contest liability and also waives his individual and up to an amount as agreed to between the identified proceed Epstein, so long as the identified individual elects to waive any other exclusively under 18 U.S.C. § 2255, and agrees to common law. claim for damages, whether pursuant to state, federal, or indiv iduals whos e names Notwithstanding this waiver, as to those ture on appear on the list provided by the United States, Epstein's signa and such this agreement, his waivers and failures to contest liability an admis sion of any damages in any suit are not to be construed as criminal or civil liability. rued as an 9. Epstein's signature on this agreement also is not to be const ictional admission of civil or criminal liability or a waiver of any jurisd does not appea r on the or other defense as to any person whose name list provided by the United States. under 10. Except as to those individuals who elect to proceed exclusively r Epstein's 18 U.S.C. § 2255, as set forth in paragraph (8), supra, neithe any result ing waivers or signature on this agreement, nor its terms, nor nce of settlements by Epstein are to be construed as admissions or evide or other civil or criminal liability or a waiver of any jurisdictional rs on the list defense as to any person, whether or not her name appea provided by the United States. plea and be 11. Epstein shall use his best efforts to enter his guilty Page 4 of 7 US_Atty_Cor_00149 EFTA00235475 States has no sentenced not later than October 26, 2007. The United his sentence not objection to Epstein self-reporting to begin serving later than January 4, 2008. respect to 12. Epstein agrees that he will not be afforded any benefits with any other gain time, other than the rights, opportunities, and benefits as time credit inmate, including but not limited to, eligibility for gain of based on standard rules and regulations that apply in the State in agree s to provi de an Florida. At the United States' request, Epste period of accounting of the gain time he earned during his incarceration. part of any 13. The parties anticipate that this agreement will not be made Information public record. If the United States receives a Freedom of Act request or any compulsory process commanding the disclo sure of g that the agreement, it will provide notice to Epstein before makin disclosure. authority to require the Epstein understands that the United States Attorney has no Epstein understands that State Attorney's Office to abide by any terms of this agreement. ney's Office and to use his it is his obligation to undertake discussions with the State Attor which compliance will be necessary best efforts to ensure compliance with these procedures, stands that it is his obligation to use to satisfy the United States' Interest. Epstein also under Circuit to accept Epstein's binding his best efforts to convince the Judge of the 15th Judicial understands that the failure to recommendation regarding the sentence to be imposed, and do so will be a breach of the agreement. de compensation In consideration of Epstein's agreement to plead guilty and to provi s all of the terms and conditions in the manner described above, if Epstein successfully fulfill institute any criminal charges irsaiitential of this agreement, the United States also agrees that it will not co-conspirators of E ate' including but not limited to Lesley Groff or Further, upon execution o s State Attorney's Office, the federa l Grand Jury agreement and a plea agreement with Grand Jury subpoenas wilt be held investigation will be suspended, and all pending federal term of this agreement. The in abeyance unless and until the defendant violates any intervene and to quash certain defendant likewise agrees to withdraw his pending motion to nce, specifically evidence grand jury subpoenas. Both parties agree to maintain their evide that have been issued, and requested by or directly related to the grand jury subpoenas all of the terms of this agreement have including certain computer equipment, inviolate until terms of this agreement, all been satisfied. Upon the successful completion of the outstanding grand jury subpoenas shall be deemed withdrawn. Page 5 of 7 US_Atty_Cor_00150 EFTA00235476 that each of these terms is By signing this agreement, Epstein asserts and certifies consideration and that a breach material to this agreement and is supported by independent to terminate the agreement of any one of these conditions allows the United States to elect dual or entity for any and all and to investigate and prosecute Epstein and any other indivi federal offenses. is aware of the fact that By signing this agreement, Epstein asserts and certifies that he provides that in all criminal the Sixth Amendment to the Constitution of the United States public trial. Epstein further prosecutions the accused shall enjoy the right to a speedy and dure provides that the Court is aware that Rule 48(b) of the Federal Rules of Criminal Proce essary delay in presenting may dismiss an indictment, information, or complaint for unnec ing a defendant to trial. Epstein a charge to the Grand Jury, filing an information, or in bring District ofFlorida defer such hereby requests that the United States Attorney for the Southern date of this Agreement to prosecution. Epstein agrees and consents that any delay from the expressed herein, shall be the date of initiation of prosecution, as provided for in the terms y waives any defense to such deemed to be a necessary delay at his own request, and he hereb him rights under Rule 48(b) of prosecution on the ground that such delay operated to deny t to the Constitution of the the Federal Rules of Criminal Procedure and the Sixth Amendmen of the running of the statute United States to a speedy trial or to bar the prosecution by reason en the signing of this of limitations for a period of months equal to the period betwe ses that were the subject of the agreement and the breach of this agreement as to those offen that he understands that the grand jury's investigation. Epstein further asserts and certifies dure provide that all Fifth Amendment and Rule 7(a) of the Federal Rules of Criminal Proce jury. Epste in hereby agrees felonies must be charged in an indictment presented to a grand any offense that was the and consents that, if a prosecution against him is instituted for ation signed and filed subject of the grand jury's investigation, it may be by way of an Inform indicted by a grand jury as by the United States Attorney, and hereby waives his right to be to any such offense. /// /// Page 6 of 7 US_Atty_Cor_001 51 EFTA00235477 that the above has been read By signing this agreement, Epstein asserts and certifies stands the conditions of this Non- and explained to him. Epstein hereby states that he under them. Prosecution Agreement and agrees to comply with R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Dated: By: VILLAFARA ASSISTANT U.S. ATTORNEY Dated: JEFFREY EPSTEIN Dated: GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN Dated: LILLY. SANCHEZ, ESQ. ATTO FOR ibil.REY EPSTEIN Page 7 of 7 US_Atty_Cor_001 52 EFTA00235478 To 'Jay Lefkovdtz" < CI= cc J.gov). bcc 09O4/2007 04:34 PM Subject RE: Do you have a signed copy? nk you, . I have forwarded your message only to Alex, and I don't anticipate it going any further than one copy t at. When rece e the originals, I will sign and return kept to you. The other will be placed in the case file, which will be about the confidential since it also contains identifying Information girls. sentative When we reach an agreement about the attorney repre about tell him and the girls for the girls, we can discuss what I can promi sed Chief Reite r an updat e the agreement. I know that ething I would n't have when a resolution was achiev . (Som pro i in light of what happened last year.) is calling, but knows not to tell Chief Reiter abou e mone y issue, w t crimes Mr. Epste in is plead ' uilty to and the just a has been agree d to. also is telling amount of time that Chief Reiter not to disclose the outcome to anyone. Mir tie .1.11111.161,FISi • To"Jay Leficovnte 4.ilefkowitzgkirkland.com> cc 09/242007 04:04 PM SubjectDo you nave a signed copy? least Hi Jay - Sony to be a bother, but do you have a copy that at the contains Mr. Epstein's signature? I need to pass it along to powers that be. Thanks. US_Atty_Cor_001 53 EFTA00235479 3 (7 NMatene, To "Jay Letkowat citeflcowaz@kirkland.cot cc bcc 08/25/2007 08:36 PM Subject Other attorneys Hi Jay — These four people were recommended. I have not contacted them to find out what their rates are. All are very active be in the plaintiffs' bar in the West Palm area. Ted Babbitt would se my first choice of these four but I think be is conflicted out becau here. Stuart Gross man one of his partners is married to an AUSA is probably my second choice. Ted Babbitt — httpfiwww,babbitt-iohnson.comilhabbitt ihttul Stuart Grossman — htto;//www.arossmanandroth.com/sgrossrnan.htm a Chris Searcy — httrd/www.searcvlaw.com/CHRISTIANDSEARCY/tabid/935/def ault.aspx Lake Lytal, Jr. http://wwwivtalreiter.comfmclex.olip?page id=37 Talk to Jack Goldberger about this group. They are all very good personal injury lawyers, but I have concerns about whether there would be an inherent tension because they may feel that THEY might make more money (and get a lot more press coverage) if they proceed outside the terms of the plea agreement (Sorry — I • just have a bias against plaintiffs' attorneys.) One nice thing about Bert is that he is in Miami where there has been almos t no coverage of this case. our Just so you know, I have never met Bert, but a good friend in good appellate section and one of the district judges in Miami are friends with him and recommended him. Can you let me know tomorrow? lam going to be out for a while I starting on Friday, and I would like to get this underway before leave. Thank you. US_Atty_Cor_001 54 EFTA00235480 Assistant U.S. Attorney West Palm Beach, FL 33401 US_Atty_Cor_001 55 EFTA00235481 To "Jay LotkovAte MIWong. cc bce WW' 09/25/200712:11 PM SubOM Conference call the girls' Hi Jay — Have you approved Mr. Ocariz as nce call to discuss what representative? And can we have a confere rding the agreement? I may disclose to him and to the girls rega Thank you. Assistant U.S. Attorney West Palm Beach, FL 33401 f ." US_Atty_Cor_00156 EFTA00235482 Stuart Grossman — http://www.grossmanandroth.com/sgrossman.hgu Chris Searcy — httve//www.searcvlaw.com/CHRJSTIANASEARCY/tabld/935/def aultasnx ffinage idr=37 Lake Lytal, Jr. — http://www.lvtakeiter.com/indeLph good Talk to Jack Goldberger about this group. They are all very er there personal injury lawyers, but I have concerns about wheth se they may feel that THEY would be an inherent tension becau if might make more money (and get a lot more press coverage) (Sorry —I they proceed outside the terms of the plea agreement- thing about just have a bias against plaintiffs' attorneys.) One nice been almos t no Bert is that he is in Miami where there has coverage of this case. in our Just so you know, I have never met Bert, but a good friend Miam i are good appellate section and one of the district judges in friends with him and recommended him. for a while Can you let me know tomorrow? I am going to be out before I starting on Friday, and I would like to get this underway leave. Thank you. Assistant U.S. Attorney West Palm Beach, FL 33401 US_Atty_Cor_001 57 EFTA00235483 To "Jay Lefitowitc" cilmikowitzakirkland.col cc lieISMS bcc 09/26/200711O3 Ml Subject One more thing W— WIWI/ 1U:a 4 ment? 1 would Hi Jay — Did you send me the original signed agree you. like to sign that copy and return copies to you. Thank Assistant U.S. Attorney West Palm Beach, FL 33401 US_Atty_Cor_001 58 EFTA00235484 Made C. To "Jey Leftist' <JLetkowitzekinstend.ca cc undo Wort bcc 09/26/2007 11:49 AM Subject RE: One more thing one of Hi Jay — Meaning no disrespect to these distinguished gentlemen, the don't work out, they have my criteria is that, if negotiations with you e your sugges tion. stamina to take you all to trial, so 1 politely declin s t U. . Attorney as • a Sent: 09/26/2007 11:03 AM AST To: Jay Lelkowitz SAELST Subject: One more thing I would Hi Jay — Did you send me the original signed agreement? you. like to sign that copy and return copies to you. Thank I Assistant U.S. Attorney West Palm Beach, FL 33401 US_Atty_Cor_001 59 EFTA00235485 **•*********• *************•**•**• ********************* ication is The information contained in this commun nt priv ileg ed, may confidential, may be attorney-clie only for constitute inside information, and is intended of the use of the addressee. It is the property & Elli s International LLP. Kirkland & Ellis LLP or Kirkland of this Unauthorized use, disclosure or copying tly prohibited communication or any part thereof is stric and may be unlawful. If you have received this immediately by communication in error, please notify us Icirkland.com, and return e-mail or by e-mail to postmaster® ies thereof, destroy this communication and all cop including all attachments.**** **** ******** ***** ****••• is ***** **************** ****• US_Atty_Cor_00160 EFTA00235486 fwafoneiSI. To *Jay Lethowite <JLefkowitzarldrldand.coi cc Wow' bcc 09/27/2007 10:52 AM Subject Conference CaN with Bert Ocartz hiCti . fit: 74 M • Fll Jay — Bert's firm has raised a number of good questions about that how they are going to get paid and setting up a procedure around avoids any conflict of interest with their clients. Are you what times work for today to do a conference call? Let me know the call you because Bert wants to get their conflicts counsel on with us. that as These are some of the questions he sent to me. I told Bert going to part of our agreement we (the federal government) are not we had indict Mr. Epstein, but gave him an idea of the charges that respec t to planned to bring as related to 18 USC 2255. With n question 2, do I have your permission to send Bert just that sectio of the plea agreement that applies to the damages claims (I would 8)? recommend sending paragraphs 7 through 10, or at least 7 and Can you talk with your client about items 3 and 4? I envisioned Shook Hardy sending regular bills to you, with any privileged pays information redacted, and being paid like every other client the bills. nature of 1. Can we get a copy of the Indictment (or can you tea me the the crimes against the girls)? we 2. When will it be possible to see the plea agreement so that exactl y what Epste in conce des to in the civil case? understand fees that the 3. Is there any cap or other limitation on attorney's defendant will pay in the civil case? of, the payment of 4. What is the contemplated procedure for, and timing attorney's fees and costs? Villafarla US_Atty_Cor_001 61 EFTA00235487 Assistant L'.S. Attorney West Palm Beach, FL 33401 US_Atty_Cor_00162 EFTA00235488 r `Villafene,Mall To "Jay Lefkovtt" cc 1410n bcc 0927/200711:08 AM Subject RE Conference Call with Bert Ocartz Thanks, Jay. Can we make it 4:15 or later? I have a 3:30 that ng might run more than a half hour. And let me know about sendi Bert the agreement language. That might aid our discussions will because the firm will have a better idea of what the litigation entail. ilis Assistantl is tto ma West Palm Beac FL 33401 Mr' es" Ori I Me — From: SAFLS)" Sent: 09/27/2007 10: 1 A To: Jay Lefkowitz Subject: Conference Call with Bert Ocariz Hi Jay — Bert's firm has raised a number of good questions about how they are going to get paid and setting up a procedure that avoids any conflict of interest with their clients. Are you around today to do a conference call? Let me know what times work for you because Bert wants to get their conflicts counsel on the call with us. These are some of the questions he sent to me. I told Bert that as US_Atty_Cor_00163 EFTA00235489 going to part of our agreement we (the federal government) are not of the charg es that we had indict Mr. Epstein, but gave him an idea planned to bring as related to 18 USC 2255. With respec t to n question 2, do I have your permission to send Bert just that sectio damag es claim s (I would of the plea agreement that applies to the and 8)? recommend sending paragraphs 7 through 10, or at least 7 Can you talk with your client about items 3 and 4? I envisioned Shook Hardy sending regular bills to you, with any privileged pays information redacted, and being paid like every other client the bills. nature of 1. Can we get a copy of the indictment (or can you tell me the the crimes against the girls)? 2. When will it be possible to see the plea agreem ent so that we understand exactl y what Epste in conce des to in the chin case? 3. Is there any cap or other limitation on attorney's fees that the defendant will pay in the civil case? nt of 4. What is the contemplated procedure for, and timing of, the paynie attorney's fees and costs? Assistant U.S. Attorney West Palm Beach, FL 33401 The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of US_Atty_Cor_001 64 EFTA00235490 Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@lchidand.com, and destroy this communication and all copies thereof, including all attachments. *SS** -7 US_Atty_Cor_00165 EFTA00235491 Vdlefanallallit To 'Jay Lefkowite is smin cc )40Y, bcc 09/27/2007 0.3:06 PM Subject RE: Conference Cal with Bert °Gertz Hi Jay - I already told Bert that there is no indictment and, as I mentioned, he doesn't really need to/want to see the entire plea agreement, just the relevant paragraphs so that he understands what the scope of his representation will be. I think they would be happy knowing that their hourly rate will be paid when it is billed. The concern is, if all 40 girls decide they want to sue, they don't want to be in a situation where Mr. Epstein says this is getting too expensive, we won't pay any more attorneys' fees. Two suggestions, that I haven't run past Bert, are: 1. Mr. Epstein signs a standard fee agreement, where one of his attorneys or accountants who is not working on the damages litigation receives a monthly bill with attorney's fees charged at an hourly rate and costs billed monthly. The bills will have any privileged information redacted. If there is a dispute about a bill that cannot be resolved, it will be submitted to a mediator for resolution. 2. If that is too open-ended for Mr. Epstein, do the hourly/monthly billing until Bert has had a chance to confer with all of the girls to determine how many want him to represent them. Once it is known how many girls will be represented by Bert, and maybe who those girls are, there can be a more educated discussion about estimated fees and costs. Just some food for thought. I will be out of the office tomorrow, but I will be reachable by cell phone. I will make sure Bert is available and confirm the time with you. 33401 US_Atty_Cor_001 66 EFTA00235492 1111.111C 11111.111.11111101S 1 11111r dissamsese Nimun aise . (USAFLS)" sdoj. gov] Sent 09/27/2007 10:51 AM AST To: Jay LetkowItz Subject: Conference Call with Bert Ocariz Hi Jay — Bert's firm has raised a number of good questions about how they are going to get paid and setting up a procedure that avoids any conflict of interest with their clients. Are you around today to do a conference call? Let me know what times work for you because Bert wants to get their conflicts counsel on the call with us. US_Atty_Cor_001 67 EFTA00235493 r- These are some of the questions he sent to me. I told Bert that as part of our agreement we (the federal government) are not going to indict Mr. Epstein, but gave him an idea of the charges that we had planned to bring as related to 18 USC 2255. With respect to question 2, do I have your permission to send Bert just that section of the plea agreement that applies to the damages claims (I would recommend sending paragraphs 7 through 10, or at least 7 and 8)? Can you talk with your client about Items 3 and 47 I envisioned Shook Hardy sending regular bills to you, with any privileged information redacted, and being paid like every other client pays the bills. 1. Can we get a copy of the Indictment (or can you ten me the nature of the crimes against the girls)? 2. When will It be possible to see the plea agreement so that we understand exactly what Epstein concedes to in the civil case? 3. Is there any cap or other limitation on attorney's fees that the defendant will pay In the civil case? 4. What Is the contemplated procedure for, and timing of, the payment of attorney's fees and costs? Assistant U.S. Attorney West Palm Beach, FL 33401 *********************** ****** **********************•• • The information contained in this communication is confidential, may be attorney-client privileged, may US_Atty_Cor_001 68 EFTA00235494 constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmastengldrldand.com, and destroy this communication and all copies thereof, including all attachments. ....• a US_Atty_Cor_00169 EFTA00235495 To "Jay Lefkowitz° <JLetkowb.@kirldand.coi cc 1•90v> bcc OB/27/2007 05:11 PM &Med Can you give me a car Hi Jay — Can you give me a quick ring. Thanks. Vlllajalla Assistant U.S. Attorney West Palm Beach, FL 33401 US_Atty_Cor_001 70 EFTA00235496 To "Jay Lefka.vite < cc bec Subject Re: Hi Jay 'haven't been able to access my e-mail until now. I am free until 10:00, then at 1:00, then at 5:00. Would any of those work for you? -- Original Message --- Original Message --- °es =me laimmarom was US_Atty_Cor_001 71 EFTA00235497 The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments. • *****•*******************************•************* ***fig** US_Atty_Cor_001 72 EFTA00235498 lAMMentelll To "JayLefkowitt<Aefkowkrakirkland.com> Marla C. cc bct u .gov> Subject RE: 1O/O3/2OO7 O3:15 PM Hi Jay -- This afternoon is fine. Here is the memo that I put together. Just let me know whore I should call you at 4:0O. Thanks. MOM Assistant U.S. Attorney Original Message The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return.e-mail or.by e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments. «< Attachment locial Master Proposal.wne has been archived by u”r 'CommonStore/1171(Irkland-Ellis' on '12/04/2007 00:49:45'. >>> US_Atty_Cor_00173 EFTA00235499 PROPOSAL FOR PROCEEDING ONCE ATTORNEY LS SELECTED 1. Provide selected attorney with: a. a copy of the relevant portion of the Non-Prosecution Agreement b. the names and contact information for the identified victims; and c. a retainer agreement. i. The retainer agreement will provide for the monthly billing of fees at an hourly rate and monthly expenses. ii. The billing statements will be sent to and paid by an attorney or accountant not involved in the damages litigation, and will not be made available to any person or fum involved in the damages a iii. litigation. Billing statements will have privileged and work product information redacted. iv. Disputes regarding fees will be referred to a Special Master (perhaps the Special Master who selected the attorney). 2. The agents and I will contact The girls individually to inform them of the resolution of the case, including the selection of an attorney to represent them, if they so choose. I will provide them with the name and telephone number of the attorney and also let them know that the attorney will be contacting them. 3. The selected attorney will contact each victim and review with her the facts of her case and the options that she has, namely: a. selecting another attorney and handling everything through that attorney; b. attempting to reach an agreement with Mr. Epstein for an amount of damages pursuant to 18 U.S.C. § 2255; c. filing suit seeking other state and/or federal damages or restitution; and US_Atty_Cor_001 74 EFTA00235500 PROPOSAL FOR SELECTION OF ATTORNEY TO REPRESENT VICTIMS 1. Select a Special Master. 2. Provide the Special Master with: a. a joint list containing the names of five attorneys; b. a joint statement of relevant facts regarding the case; c. each party's list of criteria; d. a copy of the relevant portion of the Non-Prosecution Agreement (discussing the role of the attorney for the victims); and e. a proposed retainer agreement. 3. Each attorney on the list can provide the Special Master with information regarding his/her experience, firm size, etc. 4. The Special Master can interview any or all of the attorneys as the Special Master deems appropriate. 5. The Special Master will provide us with the top three choices (in order). The first attorney will be contacted and a conflicts check will be run. If there is a conflict in representation, the second attorney will be contacted, etc. US_Atty_Cor_001 75 EFTA00235501 d. not seeking any money damages from Mr. Epstein. 4. If the specific victim selects option (3Xb), the selected attorney will contact counsel for Mr. Epstein to negotiate a settlement amount and the terms of that settlement. 5. If the specific victim selects option (3)(b) and the parties are unable to reach an agreement regarding a settlement amount, then the victim can: a. ask the selected attorney to file suit in the U.S. District Court for the Southern District of Florida, pursuant to 18 U.S.C. § 2255; or b. file suit in state or federal court pursuing damages under any state or federal remedy. 6. If the specific victim selects option (5Xa), the representation of the victim by the selected attorney will continue using the same monthly billing and payment system contained in the retainer agreement 7. If the specified victim selects option (5)(b), Mr. Epstein will have no further obligation to pay the attorney, except as ordered by the Court hearing the suit. US_Atty_Cor_001 76 EFTA00235502 To "Jay Lelkowke <Jlefkowezerdedend.cm cc bcc 10/03/2007 03:38 PM Subject RE: That is fine. I'm sorry I didn't get your e-mail sooner. Since I am out of the office, the best way to reach me is on my cell, or you can send an e-mail (which becomes a text message) to 56160123018cingularme.com Tomorrow I am available early in the morning (7:00 to 7:45), or at 8:30, or at 5:00, or after 6:45. Thanks. -----Or' al Messa e WIM P Ori final Message From: " . (USAFLS)• ( Sent: : To: Jay Lefkowitz Subject: RE: Hi Jay -- This afternoon is fine. Here is the memo that I put together. Just let me know where I should call you at 4:00. Thanks. RilitIPPWorney US_Atty_Cor_00177 EFTA00235503 -----Ori inal Message ****** ***** *********** **** ******** ** ******** ********** ***** The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland I. Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments. * ** * The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland 4 Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments. * **** US_Atty_Cor_00178 EFTA00235504 To 'Jay LeOcowtte <JLelkovAteOldridend.coo (USAFLS " cc bcc 10/03/2007 07:31 PM Subject RE: Proposed Letter to Special Master Hi Jay -- That was simply a draft for discussion purposes. I am hoping that we will send such a letter jointly, once we have finalized the process and pick a master. Thanks. re AFLS)" a inIMI 10/03/2007 04:24 PM To "Jay Lefkowitz• cc Subject Proposed Letter to Special Master Hi Jay - To move things along, I also have enclosed the proposed text of a letter to the Special Master. «PROPOSED Letter to Special Master.pdf» Villafana Assistant U.S. Attorney US_Atty_Cor_00179 EFTA00235505 MI= To "JayLalkovAtt<JL•fltovitsOkirktand.cot cc Jr bcc 10/05/2007 07:48 AM Subject RE:Proposed Letter to Special Master Good morning, Jay. We need to resolve the attorney issue today. It has been weeks since execution of the contract, and there is no need for further delay. As far as the five attorney names that we will be providing, I propose Bert Ocariz, Katherine Ezell at Podhurst Orseck, Stuart Grossman, Ed Rogers, and Walter Cobath. If you would like to use the same Special Master to resolve fees disputes as well as to handle the selection of the attorney, I would recommend that we use retired 11th circuit Judge Joseph Hatchett instead of Judge Davis because of Judge Davis's health problems. (No one has contacted Judge Hatchett yet, but one of the District Judges in Miami mentioned him as a good choice.) or I am available for a conference call between 9:00 and 10:00, and between 3:15 and 6:00. Please call me on my cell ) and let me know which of those times works best for you. Thank you. 1111.111 - al at li)" 10/03/2007 04:24 PM To "Jay Lefkowitz' cal=EIMMI> US_Atty_Cor_00180 EFTA00235506 cc Subject Proposed Letter to Special Master Hi Jay - To move things along, I also have enclosed the proposed text of a letter to the Special Master. <<PROPOSED Letter to Special Master.pdf>> Assistant U.S. Attorney Fax 561 820-8777 US_Atty_Cor_00181 EFTA00235507 To "Jay Lefkowitz" <JLefkowitz@kirkland.cou cc Jr bcc 10/09200104:47 PM Subject RE: Proposed Letter to Special Master Jay -- I will call In at 5:30. S . USAFLS)" 10/05/2007 07:48 AM To "Jay Lefkowitz" caMEMEI=ME> cc Subject RE: Proposed Letter to Special Master Pao US_Atty_Cor_00182 EFTA00235508 Good morning, Jay. We need to resolve the attorney issue today. It has been weeks since execution of the contract, and there is no need for further delay. As far as the five attorney names that we will be providing, I propose Bert Ocariz, Katherine Ezell at Podhurst Orseck, Stuart Grossman, Ed Rogers, and Walter Cobath. If you would like to use the same Special Master to resolve fees, disputes as well as to handle the selection of the attorney, I would recommend that we use retired 11th Circuit Judge Joseph Hatchett instead of Judge Davis because of Judge Davis's health problems. (No one has contacted Judge Hatchett yet, but one of the District Judges in Miami mentioned him as a good choice.) I am available for a conference call between 9:00 and 10:00, and between 3:15 and 6:00. Please call me on my cell (FIEFFIR and let me know which of those times wor s es or you. Thank you. !MCC 11111111111 "" . (USAFLS)" 10/03/2007 04:24 PM To "Jay Lefkowitz" cc Subject Proposed Letter to Special Master US_Atty_Cor_00183 EFTA00235509 also have enclosed Hi Jay - To move things along, I to the Special Master. the proposed text of a letter er.pdf» <<PROPOSED Letter to Special Mast Villafafta Assistant U.S. Attorney USAFLS)" 10/03/2007 04:24 PM To "Jay Lefkowitz" cc Subject r Proposed Letter to Special Maste also have enclosed Hi Jay - To move things along, I sed text of a lette r to the Special Master. the propo >> <<PROPOSED Letter to Special Master.pdf Assistant U.S. Attorney 10/03/2007 03:18 PM To •Jay Lefkowitz" cc Subject Memo in PDF format US_Atty_Cor_00184 EFTA00235510 Hi Jay - In case you can't open the other version, here it is in pdf. c<Special Master Proposal.pdf>> IIIIIIIIIVillafafla Assistant U.S. Attorney US_Atty_Cor_00185 EFTA00235511 To "Jay LefkowItz" cc bcc 10/05/2007 05:42 PM Subject RE: Proposed Letter to Special Master Jay — I will call you at 5:30. Assistant U.S. Attorney Tom-lay Laowite cc 10/05/2007 07:48 AM SubJectRE: Proposed Letter to Special Master US_Atty_Cor_00186 EFTA00235512 Good morning, Jay. We need to resolve the attorney issue today. It has been weeks since execution of the contract, and there is no need for further delay. As far as the five attorney names that we will be providing, I propose Bert Ocariz, Katherine Ezell at Podhurst Orseck, Stuart Grossman, Ed Rogers, and Walter Cobath. • If you would like to use the same Special Master to resolve fees disputes as well as to handle the selection of the attorney, I would recommend that we use retired 11th Circuit Judge Joseph Hatchett instead of Judge Davis because of Judge Davis's health problems. (No one has contacted Judge Hatchett yet, but one of the District Judges in Miami mentioned him as a good choice.) I am available for a conference call between 9:00 and 10:00, • 5 and 6:00. Please call me on my cellan• ( and let me know which of those times works best for you. Thank you. 11111111111111C- witMlisiffr :rnmanisime. 10/03/2007 04:24 PH To "Jay Lefkowitz" <S1 111=MMIL cc Subject Proposed Letter to special master US_Atty_Cor_00187 EFTA00235513 Hi Jay - To move things along, I also have enclosed the proposed text of a letter to the Special Master. «PROPOSED Letter to Special Master.pdf» VillafaAa Assistant U.S. Attorney To'Jay Lolkowkr" cc 10/03/2007 0424 PM SubjectProposed Letter to Special Mester Hi Jay — To move things along, I also have enclosed the proposed text of a letter to the Special Master. «PROPOSED Letter to Special Master.pdfr> Assistant U.S. Attorney To"Jay LeStoeh' aJLeMovAtz(0kirklarnicom> cc 10/03/2007 03:18 PM SubjecMemo In PDF format US_Atty_Cor_00188 EFTA00235514 it is in pH. Hi Jay — In case you can't open the other version, here <‹special Master Proposal. pdf» Assistant U.S. Attorney MEI US_Atty_Cor_00189 EFTA00235515 12/26/07 ITV 15:2 .2 FAX 305 530 3140 EXECUTIVE 0PPICE 2)002 Q.S. Department of Justice United Mates Attoreey SouthernLeiria ofFlorida 99N.& f aron Murat FL 331124111 (305) 961-9ZI9 Pactrmac .13045444 December 6, 2007 P..1W2Y_BY "SW" TI Jay?. Leficowitt, Esq. Kirkland & Ellis IL? Cltigroup Center 153 EaSt 53rd Street New York, New York 10022-4675 Rer. efCrgy_ER,Itgin Dear Jay: I write inresponse to your recent e-mails and Jonas regarding victim notification and other issues. Our Office is trying to perform our contractual obligations under the Agreement, whichwe feel are being frustrated by defense counsel's °bleeder& The Office also is concerned about Mc Epstain s5 amp:v(O117MM More than three weeks ago we spoke about the failtue to set a timely plea and sentencing date. At that time, you assured me that to scheduling delay was caused by the uneven Judge McSodey.S2 promised that a date would be set promp tly. On Novturtne 15 Gaeta met with ICrisher on another matter, and was told by Mx. Krisher spoken with Jack Goldberger, and that Mr. Epctebt's plea and that he had Jost sentencing were set to occur on December 14, 2007. Since that time, we have bled to confirm the date and time of the hearing in order to include dratinfornution in the victimnoti?tendon letters. You continue to refer to the plea and sentencing as though it Wilikril.lanaary;14r.X.rishe isofficebas not confirmed any date; and Mr. Goldberger recently told Atlanta* that 'there is no date." I must reiterate that a delayed guilty plea and sentencing — now mote than two months beyond the original deadline — is unacceptable to the Office. As you will recall. the aka end sentencing hearingoriginallywas to occurin early Octoba 2007, but was delayed until Octobee26th to allow Mr. Goldberger to attend. R was delayed again until November to allow you to attend. Rather than using your best efforts to insure that the plea and sentencing occur in November, we recardyleamed that a plea confluence had hem scheduled with Judge McSorley for November 20, 2007. but was canceled at the request of the parties, not the judge. Judge McSorley has not been away lbr any extended period, and there is no basis for your assertion that the judge is the cause of US_Atty_Cor_00190 EFTA00235516 12/05/00 TEU 15:23 PAX 305 330 3140 RXECUrINE MICR Q003 JAY P. lancoVirra, Esq. Demand, 2007 ?AM/ 2 ore any past or fittare delay. Mr. Epstein currently has lbw Florida Bar members on his so attorney scheduling is not an adequate basis for delay. defense team, Three weeks ago talso asked you to provide our Office with the terms of the Plea with the State Attorneys Office. It is Agreement now tome than two Months sines the sign Preset:anion Agre.ement cod wo baveyet to see anyf ing of the Non. omol agreement, or oven a list of of such an agreement. essential terms Mat, let me address your allegation that attorneys In ' leaked infermation to the mesa In an effor ow office and agents of the FBI have t to alba possible civil litigation with Mr. is online. There has been no contact between Epstein. This any member of the press and any empl office or the FBI since you incorrectl imen oyee of our y sed investigators of tolling "Vanity Rae Starr's entploynoatt by Mr. Epstein several mont about Mr. hs ago. We intend to continue to commenting or providing information to telltale from the press. We would ask that your client representatives do the same. and all of his I also .mot to address your Interpretation of correspondence —at yourinsistence— as proo several statements that were inclu f that the designated victimshave invalid therm ded in- me make clear that cach of the listed indiv , Let iduals are as defined in Section 2255, that is, as persons "who persons whom the Office identified as victims , while a minor, was a violin section ... 2422 or 2423 of this title" In s other words, the Office is prepared lo of a *laden of based upon Mr. lipstein't "interactions" with indict Mr. Epstein those individuals,' This conclusion thomogh and proper investigation —one in is based upon a which 7100Q of the victims was informal receive damages of any amount prior to of anyright to the Investigation other clalm. The Offi not a party to, and will not take a ce agrees that it is rode in. any civil litigation, but rho hesitation, that the evidence demonstra Office coo say, without tes that each person on the Est was a criminal behavior. Mr. Stan's letter victim °Mfr. Epstein's also suggests that the number °Eviction is exposedby the Agreement is limit to whom Mr. Epstein less As you know, early drafts of the numerical limit of40 victims, which Agreement contained a was removed et your request The that the number would not exceed 40; and the Office repeatedly confirmed provided to you, if you have a good faith list Is significantly Snorter than that basis fbr asserting that a victim neve Once the list is remain willing to listen and to modify the r met Mr. Epstein, we list if you convince us of your poeition. Malty, leone address yourobjections yon don't tmderstand the basis for foe to the draft Victim Notification Latter. You writethat Pursuant to the "leaded for MI Act of Offi ce's belief that it is appropriate to ratif 2004," crime victims are entitled to; y the victims. accurate, and timely notice of any publ "The right to reasonable; ic court proceeding ... involving the crime and the "right kbalike the State's investigation, the feder Epstein n lout as early as 2001, so al investigation show; criminal all of the victims were minors at conduct by Mr. the time of the oftnett. US_Atty_Cor_00191 EFTA00235517 C, 12/06/07 110 15:23 FAX 305 530 8540 EXECUTIVE 0PMCE tit,004 JAY P. LerKoVettl, EsQ. DEMMER 6.2007 ?A053 O►e not to be excluded from any such public court Section 3771 also commands that "employee proceeding ." 18 U.S.C. § 3771(sX2) & (3). s of the Deparbnent of Justice . enga detection, investigation, orprosocution of etim ged in the othall make their best carts to see that crim are notified of, and accorded, the rights descr e victims ibed in subsection (a)." 18 U.S.C. § 3771 (cXI). Additionally, pursumat to the Victims' Rights and Restitution Act of 1940 our obligated to "Inform a victim of any restitution or , Mee Is other relief to which the victim may be under this or any other law and [the) manner entit in which such relief maybe obtained." 42 U.S.Cled 10607(O(1)(R). With nespect to notification of .§ the other information that we propose to discl the statute requires Out we provide a victim with ose, the earliest posabie notice of the statu investigation; the fling of charges against a susp s of the ected offender; and the acceptant). oral:lee. 42 U.S.C. § 10607(c)(3). Just as in 18 U.S.C. § 3771, theta a federal distriet *curt. Our Non-Prosecution sections are not limited to proceedings in Agreement resolves the federal investigation allowing Mr. Epstein to plead to a state offen by se. The victims identified through the. feder investigation should be appropriately informed, al and our Non-Prosecution Agreement does require the U.S. Attorney's Office to forego its not legal obligations. With respect to 'our assertion that we are seeki h simply informing the victims or their righ ng to "federalize" the state plea, our office ts It does not comorrut them to appear or to the a victim impact statement In het, the at the hewing letter recommends the sanding of my state a the State Attorney's Office so that ASA Belo appropriate to file with the Court. blavek an determine Which, if any, state ment to ments are Non you assert that ow letter miacharacterize the victims. To avoid that suggestion, I have is Mr. Epstein's obligation to pay dama ges to the Agreement directly into the Notificatio asked AUS A Villafada to simply quote the terms of n Letter. We also have no objection Epstein n a "sexual offender" rather titan to referring to Mr. a "predator." We have no objection to using the conjo offame(s) of which the recipient was a nedon "wid/or" in rofmabm to the parti victim. We will not include the language cular position as to the validity of any claims. Whil that we take no any civillitigation arising between Mr. Epst e tboOffiet bat no intention to take any position in ein and anyindividual victim, as state believes that it has proof beyond a reasonable doubt that d above, the Office gpstehes criminal conduct while each listed individual was a victim the victim was a mi ow. The law requires of Mr. "with Simms and with respect for the victi us to treat all victims m's dignity and privacy." 18 U.S will not include any language that demeans the .0 §3771(aX8). We harm they may have suffered. The letter's assertions regarding representa accurate. Judge Davis conferred with tion by the Podburst firm and Mr. Messrs. Rodhurst and losefeberg to Josefsberg are to tordertake this assignment prior to insure their willingness finalizing his selection. US_Atty_Cor_001 92 EFTA00235518 12/06/07 TEU 15:23 FAX 306 530 6440 EXECUTIVE OFFICE SAY P.LEPKOWI72,ESQ. MCDADE& 6.2007 NOE 4 co 4 Lastly, you object to personal cotrunanic agents. We have no objection to send ation between the victims and federal attor ing the letters through the mai? but we neys or language about contacting AUSA Villa will not remove the faiht or Special Agent concerns. Again, federal lane requires with questions or that victims have the "reasonable right to attorney for the Gammon= in this case conf ." 18 U.S.C. § 3771(1)(5). The three tam er with the notified prior to your objection had questions e who were directed to Mr. Epstein's putdahment, litigation. Those questions we appropriately not the civil directed to the civil litigation, AUSA Villathila and Spec to law enforcement. If questions arise related ial Agent icuyrkenclall will recommend victims direct those questions to Mr. Josefsberg. that the I havi snacked a revised letter incorporating the provideany hurter comments by the oleos ofbuslnes changes on which wo can agree . s on Friday. lit addition, please provide Please &definitive statement, sigood by your diem, of us Hs intention to slide by each and every taro with Agreement by close of business on Friday, Dece of the mber 7,21)Y1, By that time, you must also us with the agreements) with the State Attorney provide s Oplee rmd a date and time certain lbw sentencing, which must occur no later than the plea and December 14, 2007. That mutt be closu matter. re in this shwa*, it. Alexander Acosta ncy By: 'lefBcyB Mom= First Assistant United States Attorney Enclosure cc: R. Alexander Acosta, U.S. Attorney AUSA Vrneiktha 'This is contingent, however, on being plea and sentencing. The sooner that yvu able to provide adequate notice of the schedule that hearing with Judge change of we coo dispatch these letters. If you delay MeS Bucher, we will have to rely on telep crley, the sooner notification. hone or personal US_Atty_Cor_00193 EFTA00235519 To "Jay Lelkowite <JLotkowitzddrkland.corn> ivssias cc Qc•gov> bcc 10/07/2007 07:42 PM Subject Call Tomorrow Jay — The office is closed tomorrow for Columbus Day. Can we reschedule for Tuesday at 10:00? Thank you. II I I I IIII I MI Assistant U.S. Attorney US_Atty_Cor_001 94 EFTA00235520 "AcooDLAMx To clelkowkz©Mrklend.com> (USAPISr ealexAcos1aOusd cc ci•0com boa 10/11/2007 12:20 Subject Re: PM I'm speaking to the PS bar at noon, but promised to attend their morning session from 9 to 10 30. 7, 7 30 or even 8 am if that is better should give us plenty of time. The convention center is 5 moan away. So I'm not leaving the hotel until 8 45. Pick whatever is most convenient for you. Alex Sent from my BlackBerry Wireless Handheld Original Message From: Jay Lefkowitz To: Acosta, Alex (USAFLS < costa usa. o .gov> Sent: Thu Oct 11 11:34:56 2007 111111111111111111mai ****** *** ***** ******** ***************** * ***** ********* The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited • and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments. US_Atty_Cor_00195 EFTA00235521 'Acosta. Alex ro sca (USAFLSr <AlexAcostaawsd cc 01-90v1' bec 10/111200702:31 Subject Fw: WPB Marriott 1001 Okeechobee Blvd. West Pah PM Beach, FL 33401 Jay - see you at 7. Address is below. Alex. Sent from my BlackBerry Wireless Handheld Original Message From: Castillo, Annette (0S.AFLS) Ckpastillollusa.doj.gov> To: Acosta, Alex (USAFLS) <AAcosta@usa.doj.gov> Sent: Thu Oct 11 12:49:09 2007 Subject: WPB Marriott 1001 Okeechobee Blvd. West Palm Beach, FL 33401 _ US_Atty_Cor_00196 EFTA00235522 aStman. To "Jay LeficoeAtz" cc .90V> tax 10/1=007 SubJed RE: Addendum 1 .28 PM Try 954-805-2013 From: Jay Leflcovalz [mallto:3LefkowittAbtand.com] Sent Friday October 12, 2007 12:09 PM To: Sloman, (USAFtS) Subject: Re: Addendum -- Original Mesats, --- From: "Sloman, (USAFLS)" Sloman@usdoj.govj (Cu Sent: 10/12/2007 09:48 AM AST To: Jay Leflcowitz Cc: "Aco Alex SAFLS)" <Alex.Acosts@usdoj.gov>; "Villafana. SAFLS " Subject RE: Addendum Jay, I just got off the phone with Alex. Here is the revised paragraph I . Thanks, II 1. The United States has the right to assign to an independent third-party the responsibility for consulting with and, subject to the good faith approval of Epstein's counsel, selecting the attorney representative for the victims. If the United States elects to assign this responsibility to an independent third-party, the United States retains the right to request that the independent third-party consult with the United States after the preliminary selection but prior to the final designation of the attorney representative. From: Jay LefkowItz (nailto:3LefkowttzOkirkland.com) Sent: Thursday, October 11, 2007 3:12 PM US_Atty_Cor_001 97 EFTA00235523 To: Stmana (USARS) Subject Re: Addendum 1 Original Molar — From: "Slornan,W(USAPIM" PeftSloman@lusdoj.gov] Sent 10/11/2007 12:17 PM AST To: Jay Le&owitz Cc "Acosta, Alex (USAFLS)* <Alex.Acosta6usdoj.gov> Subject: Addendum Jay, Pursuant to our conversation. Thanks, IN RE: INVESTIGATION OF JEFFREY EPSTEIN US_Atty_Cor_001 98 EFTA00235524 ADDENDUM TO THE NON-PROSECUTION AGREEMENT IT APPEARING that the parties seek to clarify certain provisions of page 4, paragraph 7 of the Non-Prosecution Agreement (hereinafter "paragraph 7"), that agreement is modified as follows: 1. The United States has the right to assign to an independent third-party, the responsibility for consulting with and, subject to the good faith approval of Epstein's counsel, selecting the attorney representative for the victims. If the United States elects to assign this responsibility to an independent third-party, the United States retains the right to request that the independent third-party also consult with the United States. 2. Pursuant to paragraph 7, Epstein has agreed to pay the fees of the attorney representative. This provision, however, shall not obligate Epstein to pay the fees and costs of contested litigation filed against him. Thus, if after consideration of potential settlements, the attorney representative elects to file a contested lawsuit pursuant to 18 U.S.C. s 2255 or elects to pursue any other contested remedy, the paragraph 7 obligation to pay the costs of the attorney representative, as opposed to any statutory or other obligations to pay reasonable attorneys fees and costs such as those contained in s 2255 to bear the costs of the attorney representative, shall cease. By signing this Addendum, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he understands the clarifications to the Non-Prosecution Agreement and agrees to comply with them. IL ALEXANDER ACOSTA UNITED STATES US_Atty_Cor_001 99 EFTA00235525 ATTORNEY Dated: By: ASSISTANT U.S. ATTORNEY Dated: JEFFREY EPSTEIN Dated: GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN Dated: LILLY SAI•ICHEZ, ESQ. ATTORNEY FOR JEFFREY EPSTEIN US_Atty_Cor_00200 EFTA00235526 The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof; including all attachments. The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster®kirldand.com, and destroy this communication and all copies thereof, including all attachments. *******************•***** ***** *M.*** ******* ******** US_Atty_Cor_00201 EFTA00235527 "Sloni Ca t • To •Jay Left°wile cc 10(181200712:39 PM boa Subject RE: 4:30 is fine. We'll call you. Original Message From: Jay Lefkowitz (mailto: Sent: Tuesday, October 16, 2. 1.1 To: Sloman, (USAFLS) Subject: ***** The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments. US_Atty_Cor_00202 EFTA00235528 cis To •Jay Lefkowltf e../LetkowilziakIrktand.cos c400,40 cc 10116/2007 04:00 PM bcc Subject RE: Confidential - for settlement purpose' Jay, The below is exactly the same as yours, except for deletion of "Other than the joint written submission, neither the United States nor Epstein's counsel shall communicate with the independent third party nor shall the United States communicate with the attorney representative selected by him" in your 1(a). 1. The United States has the right to assign to an independent third-party the responsibility for consulting with and, subject to the good faith approval of Epstein's counsel, selecting the attorney representative for the individuals identified under the Agreement. If the United States elects to assign this responsibility to an independent third-party, both the United States and Epstein retain the right to make good faith objections to the attorney representative suggested by the independent third-party prior to the final designation of the attorney representative. 2. The parties will jointly prepare a short written submission to the independent third-party regarding the role of the attorney representative and regarding Epstein's Agreement to pay such attorney representative his or her regular customary hourly rate for representing such victims subject to the provisions of paragraph 3, infra. 3. Pursuant to additional paragraph 1, Epstein has agreed to pay the fees of the attorney representative selected by the independent third party. This provision, however, shall not obligate Epstein to pay the fees and costs of contested litigation filed against him. Thus, if after consideration of potential settlements, an attorney representative elects to file a contested lawsuit pursuant to 18 U.S.C. s 2255 or elects to pursue any other contested remedy, the paragraph 7 obligation of the Agreement to pay the costs of the attorney representative, as opposed to any statutory or other obligations to pay reasonable attorneys fees and costs such as those contained in s 2255 to bear the costa of the attorney representative, shall cease. Original Message US_Atty_Cor_00203 EFTA00235529 From: Jay Lefkowitz [mailtoMIEMEle Sent: Mondays..2ptober 15, 2007 10:53 AM To: Sloman, (USAFLS) Subject: Confidential - for settlement purposes only US_Atty_Cor_00204 EFTA00235530 1 US_Atty_Cor_00205 EFTA00235531 "Sloman To "Jay Lefkowitz" cc ov, bcc 10/17/2007 01:58 PM Subject RE: <<071015 Special Master I.etter2.wpd>> Jay, master. Here's our proposed letter to the special Original Message From: Jay Lefkowitz (mailto Sent: Tuesdaillictober 16, 2007 9:26 AM To: Sloman, (USAFLS) Subject: S ion is The information contained in this communicat , may be attor ney-c lient privi leged confidential, may ded only constitute inside information, and is inten for rty of the use of the addressee. It is the prope Kirkland & Bllis LLP or Kirkl and & Ellis Inter national LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited this and may be unlawful. If you have received commu nicat ion in error , pleas e notif y us immed iately by land.com, return e-mail or by e-mail to postmaster@kirk and of, destroy this communication and all copies there including all attac hment s. 0 71015 Special /Metre Letter2.wpd • US_Atty_Cor_00206 EFTA00235532 S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Pabst Beach, P7 33401 (561) 820-8711 Faestertle: (561) 820-8777 October 2007 DELIVERY BY FACSIMILE The Hon. Edvvard B. Davis (Ret.) Akemmn Senterfitt Pit One Southeast Third Avenue, 25th Floor Miami, Florida 33131 Re: Service as a Special Master Dear Judge Davis: Thank you for agreeing to save as a Special Master and for assisting the United States Attorney's Office in the selection of an attorney representative to represent a group of identified victims. This letter is meant to assist you in performing your duties by providing you with background information regarding the agreement between the United States and Jeffrey Epstein and the duties that the attorney representative will have to perform. The Federal Bureau of Investigation and the U.S. Attorney's Office conducted an investigation of Mr. Epstein. As a result of that investigation, the U.S. Attorney's Office and Mr. Epstein entered into a Non-Prosecution Agreement and an Addendum that contains, inter cilia, the following terms: 7(a)The United States has the right to assign to an independent third-party the responsibility for consulting with and, subject to the good faith approval of Epstein's counsel, selecting the attorney representative for the individuals identified under the Agreement. If the United States elects to assign this responsibility to an independent third-party, both the United States and Epstein retain the right to make good faith objections to the attorney representative US_Atty_Cor_00207 EFTA00235533 The Hon. Edward B. Davis (Ret.) October ___ 2007 Page 2 of 4 designation of the attorney suggested by the independent third•party prior to the final representative. sion to the independent third-party 7(b)The parties will jointly prepare a short written submis Epstein's Agreement to pay regarding the role of the attorney representative and regarding hourly rate for representing such such attorney representative his or her regular customary victims subject to the provisions of paragraph 7(c), infra. pay the fees of the attorney 7(c). Pursuant to additional paragraph 7(a), Epstein has agreed to This provis ion, however, shall not representative selected by the independent third party. led against him. Thus, If on fi obligate Epstein to pay the fees and costs of contested litigati to file a contested represe ntative elects after consideration of potential settlements, an attorney ted remedy, the lawsuit pursuant to 18 U.S.C. s 2255 or elects to pursue any other contes pay the costs of the attorne y represe ntative, as paragraph 7 obligation of the Agreement to and costs such to pay reason able attorne ys fees opposed to any statutory or other obligations , shall cease. of the attorne y represe ntative as those contained ins 2255 to bear the costs ] elects to file 8.If any of the individuals referred to [in the paragraphs above st the jurisdiction suit pursuant to 18 U.S.C. § 2255, Epstein will not conte of Florida over of the United States District Court for the Southern District right to contest his person and/or the subject matter, and Epstein waives his to an amount liability and also waives his right to contest damages up , so long as the agreed to between Epstein and the identified individual . § 2255, identified individual elects to proceed exclusively under 18 U.S.C pursu to state, ant and agrees to waive any other claim for damages, whether with respect to those federal, or common law. Notwithstanding this waiver, d States, individuals whose names appear on the list provided by the Unite es to contest Epstein's signature on this agreement, his waivers and failur rued as an liability and such damages in any suit are not to be const admission of any criminal or civil liability. rued 9.Epstein's signature on this agreement also is not to be const admission of civil or criminal liability or a waiver of any jurisd ictional or on the list other defense as to any person whose name does not appear provided by the United States. sively under 18 10.Except as to those individuals who elect to proceed exclu in's U.S.C. § 2255, as set forth in [the above paragraphs], neither Epste or signature on this agreement, nor its terms, nor any resulting waivers evidence of settlements by Epstein are to be construed as admissions or al or other defense civil or criminal liability or a waiver of any jurisdiction rs on the list provided by as to any person, whether or not her name appea the United States. US_Atty_Cor_00208 EFTA00235534 The Hon. Edward B. Davis (Ret) October _ 2007 Page 3 of 4 The most recent version of the statute referenced above, 18 U.S.C. § 2255, provides that: My person who, while a minor, was a victim of a violation of section . . . 2422 or 2423 of this title and who suffers personal injury as a result of such violation, regardless of whether the injury occurred while such person was a minor, may sue in any appropriate United States District Court and shall recover the actual damages such person sustains and the cost of the suit, including a reasonable attorney's fee. Any person as described in the preceding sentence shall be deemed to have sustained damages of no less than S150,000 in value. Section 2422 prohibits the use of a facility of interstate commerce to induce minors to engage in sexual activity and prostitution, and section 2423 prohibits interstate travel for the purpose of engaging in sexual activity or prostitution with minors. The United States has identified victims as defmed by this statute. Due to the circumstances of the case and the number and caliber of the attorneys who represent Mr. Epstein, in selecting the victims' attorney representative, the United States suggests that you consider the following criteria: 1. Experience doing both plaintiffs' and defense litigation. 2. Experience with state and federal statutory and common law tort claims. 3. The ability to communicate effectively with young women (the victims' current ages are between 16 and 24). 4. Employment with a firm large enough to handle the possibility of at least a dozen trials at the same time. 5. Experience litigating against large law firms and high profile attorneys. 6. Sensitivity to the nature of the suit and the victims' interest in maintaining their privacy. 7. Experience litigating in federal court in the Southern District of Florida. US_Atty_Cor_00209 EFTA00235535 The Hon. Edward B. Davis (Ret.) October 2007 Page 4 of 4 8. The resources to hire experts and others, while working on a contingency fee basis, in order to prepare for trial, if a settlement cannot be reached. 9. The ability to negotiate effectively. Pursuant to this letter, the United States assigns to you the responsibility for consulting with and selecting the attorney representative for the individuals. The United States and Epstein retain the right to make good faith objections to the attorney representative you select prior to the final designation of the attorney representative. In that regard, after you have reached a decision regarding the attorney x‘incaentative, please provide me with his or her name and contact information. If I can provide you with any further information, please do not hesitate to contact me. Thank you again for your assistance with this matter. Sincerely, R. Alexander Acosta United States Attorney By: Jeffrey Sloman First Assistant United States Attorney cc : AUSA US_Atty_Cor_00210 EFTA00235536 'Acosta. Alex To "JayLeflamAdm<JLekowitz@lthkMndcoma (USAFLS)' cc "Woman,■ (USAFLS)' <AdexAcostagou sdoj.govv bcc 10118/2007 1229 Subjed RE:Fdikmmup PM ve .43340: evi -- Can you see any issues with this? If not, la Jay. se confirm with -----Original Message From: Jay Lefkowitz (mailto:pripaMMI Sent: Thursday, October 18, To: Acosta, Alex (USAFLS) Subject: Follow up 0 The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmasterOkirkland.com, and destroy this communication and all copies thereof, including all attachments. US_Atty_Cor_00211 EFTA00235537 "Sloman, To -JaylefltovAte cc 'Acosta, Alex (USAFLS)" <AlexAcosta@usd0j.gov4: us .gov> boo 10/18/2007 Subject RE:Folkwyup 05:43 PM tratSit t p s0 'neSt Jay, Please confirm that this will not affect when Epstein begins serving his sentence. If it does, I have to reconsider postponement of the guilty plea date. Thanks, Original Message From: Jay Lefkowitz (mailto:FIRRI ) Sent: Thursda October 18, To: Sloman, (USAFLS) Cc: Acosta, ex (USAFLS) Subject: Re: Follow up Original Message From: "Sloman, (USAFLS)" Sent: 10/18/200 :39 PM AST To: Jay Lefkowitz Cc: "Acosta, Alex (USAFLS)" <Alex.Acostaeusdoj.gov> Subject: RE: Follow up The change of plea will take place on November 20. Agreed. Original Message From: Jay Lefkowitz (mailto:1111.1 ) Sent: Thursday, October 18, To: Acosta, Alex (USAFLS) Cc: Sloman, III' (USAFLS) Subject: Re: Follow up Original Message From: "Acosta, Alex (USAFLS)" (Alex.Acosta8usdoj.gov) Sent: 10/18/2007 12:15 PM AST To: Jay Lefkowitz Cc: "Sloman, (USAFLS)" < US_Atty_Cor_0021 2 EFTA00235538 Subject: RE: Follow up Can you see any issues with this? If not, please confirm with Jay. -----Original Message From: Jay Lefkowitz (mailto: Sent: Thursday, October 18, 2007 10:12 AM To: Acosta, Alex (USAFI08) Subject: Follow up **tee The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the add . It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.00a, and destroy this communication and all copies thereof, including all attachments. The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only US_Atty_Cor_0021 3 EFTA00235539 for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments. The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmasterfkirkland.com, and destroy this communication and all copies thereof, including all attachments. US_Atty_Cor_00214 EFTA00235540 Jay, The Judge Davis issue is a non-starter. We've beaten that horse to death. Regarding your contention that "the attorney representative be told clearly that Mr. Epstein has agreed to pay the lawyer's hourly rate only for the time he or she spends working to effectuate settlements for the identified women," Alex and I agree that paragraph 7C is sufficient, Regarding the other points, we have made the following concessions: 1. Regarding the language concerning a lawyer whose firm is sizeable enough to litigate multiple trials simultaneously, I have removed paragraph 4 on page 3 of the letter. 2. Regarding the 15Ok statutory limit language, I have included a footnote which should satisfy your concern. 3. Regarding language there may be discovery to test the claims of alleged "victims", please see new paragraph 4 on page 3 which now states as criteria that the firm should have "Experience litigating against large law firms and high profile attorneys who may test the veracity of the victims' claims." I have attached the Addendum and the revised letter to Judge Davis. Jay, this needs to be concluded. Alex and I believe that this is as far as we can go. Therefore, please advise me whether we have a deal no later than COB tomorrow, Tuesday, October 23, 2007. Thanks, Original Message From: Jay Lefkowitz (mailto:11 ) Sent: Friday October 19, 20 : To: Sloman, (USAFLS) Subject: Re: O US_Atty_Cor_0021 5 EFTA00235541 (z) Original Message From: "Sloman, (USAFLS)" Sent: 10/17/200761:58 PM AST To: Jay Lefkowitz Subject: RE: «071015 Special Master Letter2.wpd>> Jay, Here's our proposed letter to the special master. Original Message From: Jay Lefkowitz (mailto: Sent: Tuesdayk pctober 16, 211.11 To: Sloman, (USAFLS) Subject: ♦•+fr The information contained in this communication is US_Atty_Cor_0021 6 EFTA00235542 confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmasterekirkland.com, and destroy this communication and all copies thereof, including all attachments. The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments. *••• • US_Atty_Cor_00217 EFTA00235543 oma; tursr To cLefkowitz@lOrldand.00m> 'SJeff.Slorn < oj.gov• cc 10/22/2007 05:23 PM boc Subl•c1 Re: Epstein I have not spoken to him but it was our intention to assign the decision to select a lawyer to Judge Davis not for him to represent the girls. We do not want to select the lawyer who represents the girls. I don't know who said he'd do it but it wasn't us. Sent from my BlackBerry Wireless Handheld Original Messagamm . From: Jay Le ittz < To: Sloman, (USAFLS) Cc: Acosta, Alex (USAFLS); (USAFLS) Sent: Mon Oct 22 17:10:00 2007 Subject: Re: Epstein a "Sloman, a (USAFLS)" < 10/22/2007 04:40 PM To "Jay Lefkowitz" < cc "Acosta, Ale " <Alex.Acost (USAFLS). < Subject Epstein US_Atty_Cor_00218 EFTA00235544 To "Jay Lelkowitz" <JLefkovitz@kIrklend.cot cc "Acosta, Alex (USAFLS)" <Alex.Acoein@ 10/23/2007 05:36 PM bcc Subject RE: Epstein ditt. o t . Jay, Can't speak tonight. Won't send It out tonight. I'll check with Alex In the morning and will call you then. S From: Jay Leficowitr [mallto:3Leflowit@kirkland.com] Sent Tuesdays pctober 23, 2007 5:34 PM To: Sloman, (USARS) Ca Acosta, Alex (USARS) Subject Epstein Or ' , IIIIIIIIII ********** ******* ***** ******************** *********** * The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the add It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmasterekirkland.com, and destroy this communication and all copies thereof, including all attachments. *•*** .1 US_Atty_Cor_00219 EFTA00235545 To 'Jay Lefkowtte alat 10/24/2007 ipUSAPLS)" usdoj.gov> 03:45 PM cc "Ae (USAPIS)' eAlex.AcostaeusdoLgov> bcc Subject Epstein Addendum and Letter to Judge <<Addenclum.vmd>> <<011015 Special Muter Letter4.wpd>> Jay, Pursuant to our conversation, here is the revised letter and a new addendum. Theonly changeto the addendumisthat I renumbered the new paragraphs from A,B, and C to 7A, 7B, and 7C.Once you approve,I will contact Judge Davis and send him the letter. Please execute the addeadum,PDFthe executedoriginalto me as soon as possible and Fed Ex the original to me thereafter. «< Attachment 'Addendum.wed' has been archived by user tommonStore/IT/kiricland-Eills' on '12/25/2007 00:26:41'. >n «< Attachment '071015 Special Master Letter4.wod' has been archived by user 'CorninonStore/f17KIddand-Ellis' on '12/25/2007 00:28:42', >>> US_Atty_Cor_00220 EFTA00235546 IN RE: INVESTIGATION OF JEFFREY EPSTEIN ADDENDUM TO THE NON-PROSECUTION AGREEMENT IT APPEARING that the parties seek to clarify certain provisions of page 4, paragraph 7 of the Non-Prosecution Agreement (hereinafter "paragraph 7"), that agreement is modified as follows: 7A. The United States has the right to assign to an independent third-party the responsibility for consulting with and, subject to the good faith approval of Epstein's counsel, selecting the attorney representative for the individuals identified under the Agreement. If the United States elects to assign this responsibility to an independent third-party, both the United States and Epstein retain the right to make good faith objections to the attorney representative suggested by the independent third-party prior to the final designation of the attorney representative. 7B. The parties will jointly prepare a short written submission to the independent third-party regarding the role of the attorney representative and regarding Epstein's Agreement to pay such attorney representative his or her regular customary hourly rate for representing such victims subject to the provisions of paragraph C, infra. 7C. Pursuant to additional paragraph 7A, Epstein has agreed to pay the fees of the attorney representative selected by the independent third party. This provision, however, shall not obligate Epstein to pay the fees and costs of contested litigation filed against him. Thus, if after consideration of potential settlements, an attorney representative elects to file a contested lawsuit pursuant to 18 U.S.C. s 2255 or elects to pursue any other contested remedy, the paragraph 7 obligation of the Agreement to pay the costs of the attorney representative, as opposed to any statutory or other obligations to pay reasonable attorneys fees and costs such as those contained in s 2255 to bear the costs of the attorney representative, shall cease. By signing this Addendum, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he understands the clarifications to the US_Atty_Cor_00221 EFTA00235547 Non-Prosecution Agreement and agrees to comply with them. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Dated: By: ASSISTANT U.S. ATTORNEY Dated: JEFFREY EPSTEIN Dated: GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN 0 Dated: LILLY SANCHEZ, ESQ. ATTORNEY FOR JEFFREY EPSTEIN US_Atty_Cor_00222 EFTA00235548 S. Department of Justice United States Attorney Southern District of Florida 99 NE es Street Mims; FL 33132-2111 (305) 961-9299 Facsimile (305) 5304444 October 2007 DELIVERY BY FACSIMILE The Hon. Edward B. Davis (Ret.) Alterman Senterfitt One Southeast Third Avenue, 25th Floor Miami, Florida 33131 Re: Service as a Special Master Dear Judge Davis: Thank you for agreeing to serve as a Special Master and for assisting the United States Attorney's Office in the selection of an attorney representative to represent a group of identified victims. This letter is meant to assist you in performing your duties by providing you with background information regarding the agreement between the United States and Jeffrey Epstein and the duties that the attorney representative will have to perform. The Federal Bureau of Investigation and the U.S. Attorney's Office conducted an investigation of Mr. Epstein. As a result of that investigation, the U.S. Attorney's Office and Mr. Epstein entered into a Non-Prosecution Agreement and an Addendum that contains, inter alki, the following terms: 7A. The United States has the right to assign to an independent third-party the responsibility for consulting with and, subject to the good faith approval of Epstein's counsel, selecting the attorney representative for the individuals 2 identified under the Agreement. If the United States elects to assign this US_Atty_Cor_00223 EFTA00235549 The Hon. Edward B. Davis (Ret.) October 2007 Page 2 of 4 responsibility to an independent third-party, both the United States and Epstein retain the right to make good faith objections to the attorney representative suggested by the independent third-party prior to the final designation of the attorney representative. 7B. The parties will jointly prepare a short written submission to the independent third-party regarding the role of the attorney representative and regarding Epstein's Agreement to pay such attorney representative his or her regular customary hourly rate for representing such victims subject to the provisions of paragraph 7C, infra. 7C. Pursuant to additional paragraph 7A, Epstein has agreed to pay the fees of the attorney representative selected by the independent third party. This provision, however, shall not obligate Epstein to pay the fees and costs of contested litigation filed against him. Thus, if after consideration of potential settlements, an attorney representative elects to file a contested lawsuit pursuant to 18 U.S.C. § 2255 or elects to pursue any other contested remedy, the paragraph 7 obligation of the Agreement to pay the costs of the attorney representative, as opposed to any statutory or other obligations to pay reasonable attorneys fees and costs such as those contained in § 2255 to bear the costs of the attorney representative, shall cease. 8If any of the individuals referred to [in the paragraphs above] elects to file suit pursuant to 18 U.S.C. § 2255, Epstein will not contest the jurisdiction of the United States District Court for the Southern District of Florida over his person and/or the subject matter, and Epstein waives his right to contest liability and also waives his right to contest damages up to an amount agreed to between Epstein and the identified individual, so long as the identified individual elects to proceed exclusively under 18 U.S.C. § 2255, and agrees to waive any other claim for damages, whether pursuant to state, federal, or common law. Notwithstanding this waiver, with respect to those individuals whose names appear on the list provided by the United States, Epstein's signature on this agreement, his waivers and failures to contest liability and such damages in any suit are not to be construed as an admission of any criminal or civil liability. 9.Epstein's signature on this agreement also is not to be construed admission of civil or criminal liability or a waiver of any jurisdictional or other defense as to any person whose name does not appear on the list provided by the United States. US_Atty_Cor_00224 EFTA00235550 The Hon. Edward B. Davis (Ret) October 2007 Page 3 of 4 10.Except as to those individuals who elect to proceed exclusively under 18 U.S.C. § 2255, as set forth in [the above paragraphs], neither Epstein's signature on this agreement, nor its terms, nor any resulting waivers or settlements by Epstein are to be construed as admissions or evidence of civil or criminal liability or a waiver of any jurisdictional or other defense as to any person, whether or not her name appears on the list provided by the United States. The most recent version of the statute referenced above, 18 U.S.C. § 2255, provides that: Any person who, while a minor, was a victim of a violation of section . . . 2422 or 2423 of this title and who suffers personal injury as a result of such violation, regardless of whether the injury occurred while such person was a minor, may sue in any appropriate United States District Court and shall recover the actual damages such person sustains and the cost of the suit, including a reasonable attorney's fee. Any person as described in the preceding sentence shall be deemed to have sustained damages of no less than $150,000 in value.' Section 2422 prohibits the use of a facility of interstate commerce to induce minors to engage hi sexual activity and prostitution, and section 2423 prohibits interstate travel for the purpose of engaging in sexual activity or prostitution with minors. The United States has identified 34 victims as defined by this statute. Pursuant to this letter, the United States assigns to you the responsibility for consulting with and selecting the attorney representative for the individuals. The United States and Epstein retain the right to make good faith objections to the attorney representative you select prior to the final designation of the attorney representative. In that regard, after you have reached a decision regarding the attorney representative, please provide me with his or her name and contact information. An earlier version of this statute deems that any person described in the preceding sentence shall have sustained damages of no less than $50,000 in value. US_Atty_Cor_00225 EFTA00235551 The Hon. Edward B. Davis (Ret) October _ 2007 Page 4 of 4 If I can provide you with any further information, please do not hesitate to contact me. Thank you again for your assistance with this matter. Sincerely, It, Alexander Acosta United States Attorney By: Jeffrey Sloman First Assistant United States Attorney cc: AUSA US_Atty_Cor_00226 EFTA00235552 To MMIIIMB., oklon cc 10,24/2007 04:25 PM bcc Subject Re: 3059619299 Sent from my BlackBerry Wireless Handheld Original Message From: Jay itz <JLefkowitzekirkland.com> To: Sloman (OWLS) Sent: Wed Oct 24 16:23:05 2007 The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all Attachments. ************&&*******&********* ****** ********** US_Atty_Cor_00227 EFTA00235553 "Slom a n , ■ To "Jay Leflcowite < 1111.0 ' cc USAFLST adoj.govo, "Acosta. Alex OMWY. (USAFLS)" <Alex_Acoste©usdoLgov> 10/24/2007 05:30 bcc PM Subject Epstein - Letter to Judge Davis Jay, Here is the latest and hopefully final version of the letter to Judge Davis. S <<071015 Special Master Letter5.µpd>> «e Attachment '071015 Special Master LetW/5,werr IPS beam_ archived by user 'CommonStore/IT/Ktridend-Ellist en '12/25/2007 Q0:27:04'. >» US_Atty_Cor_00228 EFTA00235554 S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beach. FL 33401 (561) 8204711 Facsimile: (561) 820-8777 October 2007 DELIVERY BY FACSIMILE The Hon. Edward B. Davis (Ret.) Akerman Senterfitt One Southeast Third Avenue, 25th Floor Miami, Florida 33131 Re: Service as a Special Master Dear Judge Davis: Thank you for agreeing to serve as a Special Master and for assisting the United States Attorney's Office in the selection of an attorney representative to represent a group of identified victims. This letter is meant to assist you in performing your duties by providing you with background information regarding the agreement between the United States and Jeffrey Epstein and the duties that the attorney representative will have to perform. The Federal Bureau of Investigation and the U.S. Attorney's Office conducted an investigation of Mr. Epstein. As a result of that investigation, the U.S. Attorney's Office and Mr. Epstein entered into a Non-Prosecution Agreement and an Addendum that contains, inter alio, the following terms: 7A. The United States has the right to assign to an independent third-party the responsibility for consulting with and, subject to the good faith approval of Epstein's counsel, selecting the attorney representative for the individuals identified under the Agreement. If the United States elects to assign this US_Atty_Cor_00229 EFTA00235555 The Hon. Edward B. Davis (Res.) October 2007 Page 2 of 4 responsibility to an independent third-party, both the United States and Epstein retain the right to make good faith objections to the attorney representative suggested by the independent third-party prior to the final designation of the attorney representative. 7B. The parties will jointly prepare a short written submission to the independent third-party regarding the role of the attorney representative and regarding Epstein's Agreement to pay such attorney representative his or her regular customary hourly rate for representing such victims subject to the provisions of paragraph 7C, infra. 7C. Pursuant to additional paragraph 7A, Epstein has agreed to pay the fees of the attorney representative selected by the independent third party. This provision, however, shall not obligate Epstein to pay the fees and costs of contested litigation filed against him. Thus, if after consideration of potential settlements, an attorney representative elects to file a contested lawsuit pursuant to 18 U.S.C. § 2255 or elects to pursue any other contested remedy, the paragraph 7 obligation of the Agreement to pay the costs of the attorney representative, as opposed to any statutory or other obligations to pay reasonable attorneys fees and costs such as those contained in § 2255 to bear the costs of the attorney representative, shall cease. 8.1f any of the individuals referred to [in the paragraphs above] elects to file suit pursuant to 18 U.S.C. § 2255, Epstein will not contest the jurisdiction of the United States District Court for the Southern District of Florida over his person and/or the subject matter, and Epstein waives his right to contest liability and also waives his right to contest damages up to an amount agreed to between Epstein and the identified individual, so long as the identified individual elects to proceed exclusively under 18 U.S.C. § 2255, and agrees to waive any other claim for damages, whether pursuant to state, federal, or common law. Notwithstanding this waiver, with respect to those individuals whose names appear on the list provided by the United States, Epstein's signature on this agreement, his waivers and failures to contest liability and such damages in any suit are not to be construed as an admission of any criminal or civil liability. 9.Epstein's signature on this agreement also is not to be construed admission of civil or criminal liability or a waiver of any jurisdictional or other defense as to any person whose name does not appear on the list provided by the United States. US_Atty_Cor_00230 EFTA00235556 The Hot Edward B. Davis (Ret.) October_ 2007 Page 3 of 4 10.Except as to those individuals who elect to proceed exclusively under 18 U.S.C. § 2255, as set forth in [the above paragraphs], neither Epstein's signature on this agreement, nor its terms, nor any resulting waivers or settlements by Epstein are to be construed as admissions or evidence of civil or criminal liability or a waiver of any jurisdictional or other defense as to any person, whether or not her name appears on the list provided by the United States. The most recent version of the statute referenced above, 18 U.S.C. § 2255, provides that: Any person who, while a minor, was a victim of a violation of section . . 2422 or 2423 of this title and who suffers personal injury as a result of such violation, regardless of whether the injury occurred while such person was a minor, may sue in any appropriate United States District Court and shall recover the actual damages such person sustains and the cost of the suit, including a reasonable attorney's fee. Any person as described in the preceding sentence shall be deemed to have sustained damages of no less than $150,000 in value.' Section 2422 prohibits the use of a facility of interstate commerce to induce minors to engage in sexual activity and prostitution, and section 2423 prohibits interstate travel for the purpose of engaging in sexual activity or prostitution with minors. The United States has identified 34 victims as defined by this statute. The United States takes no position as to the validity of any such claim under this statute. Due to the circumstances of the case and the number and caliber of the attorneys who represent Mr. Epstein, in selecting the victims' attorney representative, the United States suggests that you consider the following criteria: 1. Experience doing both plaintiffs' and defense litigation. 2. Experience with state and federal statutory and common law tort claims. 3. The ability to communicate effectively with young women. I An earlier version of this statute deems that any person described in the preceding sentence shall have sustained damages of no less than $50,000 in value. US_Atty_Cor_00231 EFTA00235557 The lion. Edward B. Davis (Ret) October _ 2007 Page 4 of 4 4. Experience litigating against large law firms and high profile attorneys who may test the veracity of the victims' claims. 5. Sensitivity to the nature of the suit and the victims' interest in maintaining their privacy. 6. Experience litigating in federal court in the Southern District of Florida. 7. The resources to hire experts and others, while working on a contingency fee basis, in order to prepare for trial, if a settlement cannot be reached (defense counsel has reserved the right to challenge such litigation). 8. The ability to negotiate effectively. Pursuant to this letter, the United States assigns to you the responsibility for consulting with and selecting the attorney representative for the individuals. The United States and Epstein retain the right to make good faith objections to the attorney representative you select prior to the final designation of the attorney representative. In that regard, after you have reached a decision regarding the attorney representative, please provide me with his or her name and contact information. If I can provide you with any further information, please do not hesitate to contact me and/or the U.S. Attorne efkowitz, Esq. on behalf of Epstein. Mr. Lefkowitz can be reached at - Kirkland & Ellis LLP, Citigroup Center, 153 East 53'd Street, New York, New York 10022-4611. Thank you again for your assistance with this matter. Sincerely, R. Alexander Acosta United States Attorney By: Jeffrey Sloman First Assistant United States Attorney cc: AUSA US_Atty_Cor_00232 EFTA00235558 "Slornanli To -Jay Lefkowite 411=MIS cc "Acosta, Alex (USAFLS)" cAlex.AcostalgAin403-0 o ON bcc 10/30/2007 02:42 PM Subject Epstein TitimaphW ain:nras Jay, Here is an executed version of the addendumPleaseFed Ex the original signature pages to me. Thanks, S <<epstein addendum 10 3 0.pdf>> «< Ma &gent 'eostein addendum 10 30.pdf has been archived by_ user VommonStore/IT/KIrkland-Ellis' on '12/31/2007 23:47:35'. >>> US_Atty_Cor_00233 EFTA00235559 Di RE: INVESTIGATION OF JEFFREY EPSTEIN ADDENDUM TO TIM NON-PROSECIMbN AGREEMENE IT APPEARING that the parties seek to clarify certain provisions of page 4, paragraph 7 of the Non-Prosecution Agreement (hereinafter "paragraph T'), that agreement is modified as follows: 7A. The United States has the right to assign to an independent third-party the responsibility for consulting with and, subject to the good faith approval of Epstein's counsel, selecting the attorney representative for the individuals identified under the Agreement. If the United States elects to assign this responsibility to an Independent third-party, both the United States and Epstein retain the right to make good faith objections to the attorney representative suggested by the independent third-party prior to the final designation of the attorney representative. The parties will jointly prepare a short written submission to the independent third-party regarding the role of the attorney representative and regarding Epstein's Agreement to pay such attorney representative his or her regular customary hourly rate for representing such victims subject to the provisions of paragraph C, infra. 7C. Pursuant to additional paragraph 7A, Epstein has agreed to pay the fees of the attorney representative selected by the independent third party. This provision, however, shall not obligate Epstein to pay the fees and costs of contested litigation filed against him. Thus, if after consideration of potential settlements, an attorney representative elects to file a contested lawsuit pursuant to 18 U.S.C. s 2255 or elects to pursue any other contested remedy, the paragraph 7 obligation of the Agreement to pay the costs of the attorney representative, as opposed to any statutory or other obligations to pay reasonable attorneys fees and costs such as those contained in a 2255 to bear the costs of the attorney representative, shall cease. US_Atty_Cor_00234 EFTA00235560 By signing this Adcknduzn, Epstein asserts and certifies that the above has been read and explained to Mit. Epstein hereby, states that he understands the clarifications to the Non- ProsecutiorrAgettIndnt and agrees to comply with than. R. ALEXANDE.R. ACOSTA UNITED STATES ATTORNEY Dated: /0/3 OA 7 By: ' eafak4a4A-- VILLAYANA ASSISTANT U.S. ATTORNEY Dated: Dated: GERALD LEFCOURT, ESQ. - COUNSEL TO YEFFREY EPSTEDI Dated: LILLY.' SANCHEZ, ESQ. ATTORNEY POR JEFFREY EPSTEIN US_Atty_Cor_00235 EFTA00235561 By signing this Addendum, Epstein asserts and certifies that the above has been read and explained to hlm. Epstein hereby states that he understands the clarifications to the Noc- Prosecution Agreement and agrees to comply with them. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY By: V. tindi FA t) EA Dated: /0 ASO A A. MARIE VILLAFASIA ASSISTANT U.S. ATTORNEY Dated: Dated: Dated: L1LLYIIIISANCREZ, ESQ. ATTORNEY FOR JEFFREY EPSTEIN US_Atty_Cor_00236 EFTA00235562 By signing this Addendum, Epstein asserts and cenithes that the above has been read and explained to him. Epstein hereby WM that he understands the clarificadons to the Non- Prosecution Agreement end agrees to comply with than. R. ALEXANDER ACOSTA UNTIED STATES ATTORNEY Dam ii/3 Wo1 • Br tI t2-74 1-604.-- mum -- ,6 a&LAFAPIA ASSISTANT U.S. ATTORNEY Dated: JEFFREY EPSTEIN Dined: GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN Wed: ithlgaia . ATTORNEY FOR JEFFREY EPSTEIN US_Atty_Cor_00237 EFTA00235563 "Slomen, To "Jay Lefkowite <JLefkowitz@kirldand.com> cc s .gova boa 10/30/2007 05:38 Subject RE: Epstein PM Jay, I called Judge Davis before I sent him the agreed upon letter. He indicated his willingness to serve as the "decider? I will call him tomorrow to see whether anything has changed and when we can anticipate a decision. Regarding the subpoena question, let me think about that overnight. Thanks, S From: Jay Lefkowltz [mallto:JLefkowitz@kirkland.com) Sent: Tuesdaypctober 30, 2007 4:54 PM To: Sidman, gi (USAFLS) Cc Acosta, Alex (USAFIS) Subject Re: Epstein — Original Mess, — From: "Slants, M(USAFLS)" dinSlocanigandoj.gov) Sent: 10/30/2007 02:42 PMMT To: Jay Lefkowitz Cc "Acosta, Alex (USAFT-Sr <Alex.Acosta®usdoj.gov> Subject: Epstein Jay, Here is an executed version of the addendum. Please Fed US_Atty_Cor_00238 EFTA00235564 Ex the original signature pages to me. Thanks, a «epsteln addendum 10 30.pdP> ***Ma** ***** ***** ***** * ***** *•*** *********** ***WS *•**• The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmastengkirkland.com, and destroy this communication and all copies thereof, including all attachments. ••**•***********************ass*****************•***** ***** US_Atty_Cor_00239 EFTA00235565 "Simon, To "Jay Lefkowite <JLefluswitz@kIrkland.com> cc .goto bcc 10/31/2007 04:33 Subject Epstein PM Jay, Your understanding from Jack Goldberger conforms to my understanding that Mr. Epstein's plea and sentence will take place on the same day. I understand that the plea and sentence will occur on or before the January 4th date. U a US_Atty_Cor_00240 EFTA00235566 1//05/07 VON 10:05 PAX 30$ 550 0440 moot/o03 BMW: vte. ()SPICE [(Nn U.S. Department of Justice United Stotts /Mornay Southern District lined* 99 NS. r stmt ant, FL 15132,1111 (305) 941-9299 readmits: O051 5304444 November 5.2007 pELIvERYTAY_FACSB417,li Jay P. Lcfkowitz, Esq. Kirkland Jr Ellis T.LP Citigroup Center 153 East 53rd Street New York, New York 10022-4675 Re: Jeffrey Epstein Dear Jay: Several things have come to my attention that by his obligations under the Non-Prosecut seem contrary to your client intendin ion Agreement. As you know, that g to abide a Office to inform you of potential breaches to give before an indictment is filed. At this tune, I however, I have sufficient concerns that need agreement requires Our you and your client the opportunity to do not believe that the agreement has to Sc addressed. respond been breached: Pint, I understand that private, investigators to ask them whether anydetectives or FBI worIcingfbr Mr. Epstein have cont agents have discussed afinancial sottl acted victims On one occasion, the yin vans investigators told emont with them. the parent of a victim that she for her daughter and she should do so should get an attorney right away. These actions are troubles agents legally aro required to advise the vict ome because the per ims of the resolution of the matter, informing them that, as part of the reso which includes lution, that circumstances. Furthermore, Mr. Epstein well Mr. Epstein has weed to pay damages in some attorney to represent the victims and, knows that we are in the proc but for the inordinate amount of time ess of selecting an Addendum, that attorney would already hav spent negotiating the e been selected. Paragraph 7 Agreement explicitly provides that cont of the Non•Prosecution act with the victims shall. be Accordingly, please confirm that there through that counsel. will be no further efforts to contact Davis selects the attorney representative and any victims until Judge counsel. that, thereafter, contact will be mad e only through that Second, the Non-Prosecution Agr eement requires Mr. Epstein to use his best his guilty plea and to be scnrunced not later efforts to cuter than October 26, 2007. Despite Office agreed that Mr. Epstein could post this obligation, the pone this deadline to November, but reiterated that Mr. a US_Atty_Cor_00241 EFTA00235567 gå 003/003 illasiotr MON l0:00 FAX 30$ 530 6440 EXECTrIvE 'REECE: lä 003 JAY?. l.natcouniz. Noverama 5, 2007 Pane 2 Os 2 Epstein had to begin his term ofincarceration not later than Sanuary 4, 2008. T have teamed that the November hearing has been removed from the calendar and thenext case disposition conference hats not been set until January 7.2008. This delay is unacceptable, and, pursuant to your obligations, the Office requests that you confer with the Spite Attorney's Office to try to find a date In November when the judge is available to conduct a simultaneous plea and sentencing. if you cannot find such a date, please provide documentation of your efforts to abide by the mans of tbc Non-Prosecution Agreement. Third, there hove been several press reports that Mr. Epstein gulltyplea. Normallylvmuld not pay any attention to no longer intends to enter a such reports, but your recent correspondence attempting to restrict our Office from communicating with the State Attorney's Office and the ;illusion to the imposition of sentences that clearly fall outside the terms of the Non-Prosecution Agroemeot raises concern. Please confirm that Mr. Epstein intends to abide by his agreement to plead guilty lo the specified charges and to make a binding recommendation that the Court impose a sentence of 18 months of ountintious confinement In the county jail. Finally, the Non-Prosecution Agreementrequires that you provide the Office with cbpieg of all proposed agreements with the State Attorney's Olllee before Mr. Epstein signs any such agreements. To date, no such agreements have been receiv ed. Please provide me with copies ofany and all agreements with the State Attorney's Office for outro view. The Office also would like to have someone present at the change ofplen and sentencing tomoni torMr.Epstein's compliancewith the turns of the Non-Prosecution Agreement, so please keep me informed of the date, time, and location of the hearing. Picase provide me with a written response, adopted by Mr. Epstein, addressing these concerns and reiterating Mr. Epstein's intention to comp ly with the terms oC the Non-Prosecution Agreement by November 8, 2007. Sincerely, It. Alexander Acosta United State:itorney By: Jeffrey Sleman First Assistant United States Attorney cc: R. Ale • sta, U.S. Attorney AUSA Villafatia US_Atty_Cor_00242 EFTA00235568 06/16/2008 11:16 F81. , An", , nna 05/16/08 FRI 11:08 F.« UNITED STATES DEPARTME . Criminal Divisio Child Exploitation and Obsc Le4-rci fa, 1400 New York Avenue, NW Suite 600 bc)-3 Washington, DC 20530-0001 • 200 05 TO: R. Alexander ACO9ta • Esq. Jay LefIccuitz, Esk i. OPETCE NUMBER: FAX NUMBER: (-3 305/530-7087 E1/445-4900 FROM: Alexandra Ge)h.r. DAT/3/11ME: May 16, 2008 OFFICE NUMBER: (202) 514-578 0 NUMBER OF PAGES, EXCLUD ING THIS SHEET: 5 SPECIAL INSTRUCTIONS: US_Atty_Cor_00243 EFTA00235569 21/08/D7 YON 10:05 FAX )05 53u e4A0 / 1 40002/000 EX.ECil! V E (WV [d002 • U.S. Oepartinent of Justice United Stares Attorney Southern District oily/pr ide 99 ME. *strew Mist! PL 33132411f 005)96,4299 Puctimile: (305) .5304444 November 5.2007 DELIVERY tlYIACSIMITZ Jay P. Lefkowitz, Esq. Kirkland & Ellis'UP Citigroup Center 153 East 33rd Street New York, New York 10022-4675 Re: Jeffrey Epstein Dear fey: Several things have come to my atte by his obligations under the ntio n that scent contraty to your• Non-Prosecution Agreement. client intending to abide Office to lotto= you of pot AS you know, that agreem ential breaches to give you ent requires our before an indictment is filed. At this and your client however, I have sufficient concer t➢me,I do not believe that the agr the opportunity to respond ns that need to be addressed. eement has been breached; Fiat, I understand that private inv to ask them whether any detect estimuors working for Mr. Eps ives or FBI agents have discus tein have contacted victims On one occasion, the private inv sed a financial settlement estigators told the parent of a vic with them. For her daughter and she sho uld do so tight away. These tim that she should get an actions etc troublesome bec attorney agents legally are required to ause the FBI advise the victims of the Informing them that, as part resolution of the matter, which of includes circumstances. Furthermore the resolution, that Mr. Epstein has agreed to pay damage , Mr. Epstein well {mows tha s in some attorney to represent the vic t we are in the proems of tims and, but for the Inordinate selectiog an Addendum, that attorney wo am uld already have been selected. ount o£ time spent negotiating the Agreement explicitly provides Paragraph 7 of the Nun-Prose that contact with the victim cution Accordingly, please confirm s shall, be through that that there will be no further effo cou Davis selects the attorney represent rts to contact any victims unt nsel. ative and that, thereafter , contact will be made il Judge counsel. onlythrough that Second, the Non-Prosecution his guilty plea and to be sentenced Agreement requires Mr. Epstein to use his best efforts not later than October 26. to Office agreed that Mr. Epstein 2007. Despite this obliga enter could postpone this deadline tion . the to November, but reitera ted that Mr. • US t y_Co 0 02 44 EFTA00235570 a 003/003 11/08,07 MON 10100 PAX 304 330 6440 EN:eon:Ice OFFICE 0003 JAY P. I.Evitowra., Esq. Novi:maga S, 2007 PACs 2 of 2 Epstein had to begin his term ofincarcer ation not later than January:, 2008. I have November hearinghas been removed from loaned that the the calendar and thenext case disposition not been sot until January 7, 2008. This dela conference; has y is unacceptable, and, pursuant to your Office requests that you confer with the Stat obligadons, the e Attorney's Office to try to find a date when the judge is available toconduct a In November simultaneous plea and sentencingc. If you a date. please provide documentation of cannot find such your efforts to abide by the tams of tbc Non Agreement. -Prosecution Third, thew have been severe' press reports guiltyplea. NormallyI would nut pay any that Mr. Epstein no longer intends to ente attention to such reports, but your recent corre ra attempting to restrict our Office from spon denc e communicating with the State Attorney's allusion to the imposition of sentences that Office and the clearly fall outside the terms of the Non Agreement raises concern. Please confirm that -Proseetttion plead guilty to the specified charges and Mr. Epstein intends to abide by his agre to make a binding recommendation that the Cou ement to a sentence of 18 months of continuous confinem rt impose ent in the county jail. I finally, thelcon-ProsocationAgreeme all proposed agreements with the State ntrequires that you providnthe Office with Attorney's Office before Mr. Epstein copies of agreements. To date, no such agreeme sign s any such nts have beenreceived. Please provide inn and all agrcemords with the State Atto with copies ofany rney's Offi have someone present at the change ofplea and ce for our review. Tho Office also would like to the wane of the Non-Prosecution Agre sentencingtomonitorMr.Epstein's com ement, so please keep me informed of the pliance with location of the hearing. date, time, and Please provide me with a written concerns and reiterating Mr. Epstein's response, adopted by Mr. Epstein, addr intention to comply with the terms of essing these Agreement by November• 8, 2007. the Non•Prosecution Sincerely, R. Alexander Acosta United Statesiyorney Ey: Jeffrey omen First Assistant United States Atto rney cc: R. Alexander Acosta, U.S. Atto rney AUSA A. Mark Villafitile US_Atty_Cor_00245 EFTA00235571 To "Jay Le&mite cc 11/15/2007 01:51 PM bee Subject RE: Fine (305)961-9299 -----Original Message From: Jay Lefkowitz Sent: Thursdaya_November 15, 20 :47 pm To: Sloman, (USAFLS) Subject: The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland G Ellis LLP or Kirkland G Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments. US_Atty_Cor_00246 EFTA00235572 "AS Mu To tteflmwite@kkMamicom> °MARLS)" caexAcostaO cc ustIoLgov> boc 11/19/2007 Subled Re: niportal 02:25 PM Jay -- the 2pm is outside the office. Won't be back until about 3. How anout then? Sent from my SlackSerry Wireless Handheld Original Message From: Jay Lefkowitz To: Acosta, Alex (OSAFLS) Sent: Mon Nov 19 11:59:25 2007 Subject: Re: important "Acosta, Alex (USAFLS)" cAlex.Acostaeusdoj.gov> 11/19/2007 10:46 AM To CC Subject Re: important Jay - I'm around mid afternoon tuesday (have a very early dinner) and early wed (have an appt outside the office from 11 30 to 2). US_Atty_Cor_00247 EFTA00235573 Should I bring (if there's business to talk, he is handling epsEtirri)7 Alex. Sent from my BlackBerry Wireless Handheld Original Message From: Jay Lefkowitz To: Acosta, Alex (US Sent: Mon Nov 19 09:31:12 2007 Subject: important The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland 6 Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments. The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited US_Atty_Cor_00248 EFTA00235574 and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmasterekirkland.com, and destroy this communication and all copies thereof, including all attachments. US_Atty_Cor_00249 EFTA00235575 rax ostacsAt sAp ruc To < cc 40mukmaW§URW*0 ova bcc 11/20/2007 03:58 PM Subject Re: Yes. See you then. Sent from my Blacktlerry Wireless Handheld Original Message From: Jay Lefkowitz < To: Acosta, Alex (USAFLS) Sent: Tue Nov 20 15:39:34 2007 The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments. * * * r. US_Atty_Cor_O0 250 EFTA00235576 Watt Alex To "Jay Lefkowite <JLelkowitz@kitklend.corn> (USAFLSr <AlexAcostaeusdoi.g cc ow. bcc 1121200711:44 AM Subject RE: I'm on my way to a mtg outside the office. Unlikely to be before 3pm. That said, III/ is around if you want to talk with him re the 2255. -----Original Message From: Jay Letkowitz Sent: Wednesday, November 21, 2007 11:38 AM To: Acosta, Alex (USAFLS) Subject: The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments. US_Atty_Cor_00251 EFTA00235577 To ciLefltowitz@lcirldand.com> ee 11/21/2007 02A8 PM bee Subject Re•. Sure Sent from my BlackSerry Wireless Handheld Original Message From: Jay Lefkowitz To: Sloman, (USA Sent: Wed Nov 2 14:47:24 2007 #4.14.***Atke*www****** ************** **** A****** ******** The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and destroy this Communication and all copies thereof, including all attachments. US_Atty_Cor_00252 EFTA00235578 Jay LelltowIWNew To "Sloman.Ill (USAR_Sr York/Kiddand-Etas cc 11/26/2007 1214 PM bcc Subject Re:2 "Sloman. ■ (USAFLS)" IMMINIME> "Stoma:, To <Jlefkowii7gpkirklanicom> cc usdol.gov> 11/21/2007 Subject Re: 02:48 PM Sure Sent from my BlackBerry Wireless Handheld Original Message From: Jay Lefkowitz To: Sloman, (USAFLS) Sent: Wed Nov 21 14:47:24 2007 •• * *• ion is The information contained in this communicat denti al, may be attor ney-c lient privi leged, may confi ded only constitute inside information, and is inten for property of the use of the addressee. It is the Kirkl and 6 Ellis LLP or Kirkl and 4 Ellis International LLP. of this Unauthorized use, disclosure or copying part there of is stric tly communication or any prohi bited US_Atty_Cor_00253 EFTA00235579 and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmasterekirkland.com, and destroy this communication and all copies thereof, including all attachments. US_Atty_Cor_00254 EFTA00235580 ams 11/27/2O07 01:55 PM To 'Jay LelkowItz",<Jtelkowitz©Itirlikuld.col cc "Acosta. Alex (USAFLS)" <AlexAcostae bce Subplot Epstein 7 1. 7.111:1,71MTPT..Wirw NliSlageivzto-4;aii'5W " "'A Jay, Please accept my apologies for not getting back to you sooner but I was a little under the weather yesterday. I hope that you enjoyed your Thanksgiving. Regarding the issue of due diligence concerning Judge Davis' selection, I'd like to make a few observations. First, Guy Lewis has known for some time that Judge Davis was making reasonable efforts to sect= Aaron Podhurst and Bob Josephsberg for this assignment In fact, when I told you of Judge Davis's selection during our meeting last Wednesday, November 21", you and Professor Dershowitz seemed very comfortable, and certainly not surprised, with the selection. Podhurst and Josephsberg are no strangers tuarly the entire Epstein defense team including Guy Lewis, Lill.. Sanchez, Roy Black, and, apparently, Professor Dershowitz who said he knew Mr. Josephsberg from law school. Second, Podhurst and Josephsberg have long-standing stellar reputations for their legal acumen and ethics. It's hard for me to imagine how much more vetting needs to be done. The United States has a statutory obligation (Justice for All Act of 2004) to notify the victims of the anticipated upcoming events and their rights associated with the agreement entered into by the United States and Mr. Epstein in a timely fashion. Tomorrow will make one full week since you were formally notified of the selection. I must insist that the vetting process come to an end. Therefore, unless you provide me with a goodfaith objection to Judge Davis's selection by COB tomorrow, November 28, 2007,1 will authorize the notification of the victims. Should you give me the go-ahead on Podhurst and Josephsberg selection by COB tomorrow, I will simultaneously send you a draft of the letter. I intend to notify the victims by letter after COB Thursday, November 29*. Thanks, S US_Atty_Cor_00255 EFTA00235581 To 'Jay LefkowItz" < cc "Slornan, il(USAFLS)* AMMO! "Acosta, Alex (LISAPLS)- <Alex.Acosta@usdoj.9 O1113410MPM bcc 11/28/2007 04:46 PM Subject Epstein: Victim Notification Leifer NW": 1-••• • If+ '904°Safi Dear Jay: tasked that I forward the victim notification letter to you. It is attached. Thank you. <<Victim Notification Ltr pdf, •> Assistant U.S. Attorney West Palm Beach, FL 33401 «.< Attarcliffig e archived 'CornmonStoretIVKIrkiend-Ellis' on '0 /30/2008 00;30:02'. >>> US_Atty_Cor_00256 EFTA00235582 fZ U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australtan 4w., Sulk 400 Wan Palm Bath, FL 33401 (561)820-8711 fl ab:fie: (561) 820-8777 November 29, 2007 DELIVERY BY HAND Miss Re: CrimeittetHins' Rights— Notification of Resolution of Epstein InveS.tigatt Dear Miss Several months ago, I provided you with a letter notifying you of your rights as a victim k pursuant to the Justice for All Act «2004 and other federal legislation, including: (I) The right to be reasonably protected from the accused. (2) The right to reasonable, accurate, and timely notice of any public court proceeding involving the crime or of any release or escape of the accused. (3) The right not to be excluded from any public court proceeding, unless the court determines that your testimony may be materially altered ifyou arepresent for other portions of a proceeding. (4) The right to be reasonably heard at any public proceeding in the district court involving release, plea, or sentencing. (5) The reasonable right to confer with the attorney for the United States in the cam. (6) The right to fill and timely restitution as provided in law. (7) The right to proceedings free from unreasonable delay. (8) The right to be treated with fhimen and with respect for the victim's dignity and privacy. I am writing to inform you that the federal investigation of Jeffrey Epstein has been completed, and Mr. Epstein and the U.S. Attorney's Office have reached an agreement containing the following terms. First, Mr. Epstein agrees that he Will plead guilty totwo state offenses, including the offense of soliciting minors to engage in prostitution, whichwill require him lo register as a sexual predator for the remainder of his life. US_Atty_Cor_00257 EFTA00235583 Mess NOVa4RER 29,2007 PAGE 2 Second, Mr. Epstein has agreed to Make a binding recommendation of 18 months' imprisonment to the state court Judge who sentences bim. Mr. Epstein will serve that sentence of imprisonment at the PalmBeach County Jail. Third, Mr. Epstein has agreed that he will not contest jurisdiction or liability if you elect to seek damages from him because the United States has identified you as a minor victim of certain federal offenses, including travel in interstate commerce to engage in prostitution with minors read the use of facilities of interstate commerce to induce minors to engage in prostitution. To assist you in making such a claim, the U.S. Attorney's Office has asked an independent Special Master to select attorneys to represent you. Those attorneys axe Aaron Podhurst and Robert ("Bob") Josefsberg with the law finis of Podhurst Orseck, PA. They can be reached at (305) 358-2800. I anticipate that someone from their law firm will be contacting yon shortly. I must also advise you fig you are not obligated to use these attorneys. In Act you have the absolute right to select vela pwn attorney. so you can decide not to speak with Masts. Podhurst/ Yosoftheig at all. or you tin speak with them and decide at any time to use a different attorney If you do decide to seek damages Gom Mr.Epstein and you decide to use Messrs. Podburstllosefsberg as your attorneya, Mr. Epstein will be responsible for paying attorney's fees incurred during the time spent trying to negotiate a settlement. If you are unable to reach a settlement with Mr. Epstein, you and Mr. Josefitberg can discuss bow best to proceed. As I mentioned above, as part of the resolution of the federal investigation, Mr. Epstein has agreed to plead guilty to state charges. Mr. Epstein's change of plea and sentencing will occur on December 14,2007, at a.m., beforeJudgeSraira IC McSorley, inConrtmom 11F at the Palm Beach County Courthouse, 205 North Dixie Highway, West Palm Beach, Florida. Pursuant to Florida Statutes Sections 960.001(1)(k) and 921.143(1), you are entitled to be present and to make a statement under oath. If you choose, you can submit a written statement under oath, which will be filed by the State Attorney's Office on your behalf. If you elect to prepare a written statement, it should address the following: the facts of the case and the extent of any ham), including social, psychological, or physical harm, financial losses, loss of earnings directly or indirectly resulting from the crime for which the defendant is being sentenced, and any matter relevant to an appropriate disposition and sentence. Fl. Stat. 921.143(2). You also are entitled to notification when Mr. Epstein is released from imprisonment at the end of his prison term and/or if he is allowed to participate in a work release program. To receive such notification, please provide the State Attorney's Office with the following krfurataticm: 1. Your name 2. Your address 3. Your home, work, and/or cell phone numbers US_Atty_Cor_00258 EFTA00235584 Miss NOvEMBER29.2007 Pam 3 4. Your e-mail address 5. A notation of whether you would lace to participate in the "VINE system," which provides automated notification calls any time an inmate is moved. (To use this orient, Your calls must go to you directly, not through a switchboard.) Thank you for all of your help during the course of the investlgatiobiliou hav questions or concerns, please do not hesitate to contact me or Special Agent at (561) 8224946. Sincerely, R. Alexander Acosta United States Attorney Br Assistant United States Attorney cc: Special Agent KnyrIcendall, Ms. Clearetha Wright, Victim-Witnoss Coordhtator, U.S. Attorney's Office US_Atty_Cor_00259 EFTA00235585 US. Department of Justice United States Attorney Southern District of Florida 500 South AustralianAve., Suite 400 West Palm Beach. FL 33401 (561)8204711 Facsimile: (561) 8204777 November 29, 2007 DELIVERY BY HAND Miss Re: Dear Miss of your rights as a victim Several months ago, I provided you with a letter notifying you legislation, including: pursuant to the Justice for All Act of 2004 and other federal (1) The right to be reasonably protected from the accused. public court proceeding (2) The right to reasonable, accurate, and timely notice of any ed. involving the crime or of any release or escape of the accus The right not to be excluded from any public court proce eding, unless the court (3) if you are present for other determines that your testimony may be materially altered portions of a proceeding. in the district court (4) The right to be reasonably heard at any public proceeding involving release, plea, or sentencing. d States in the case. (5) The reasonable right to confer with the attorney for the Unite (6) The right to full and timely restitution as provided in law. (7) The right to proceedings free from unreasonable delay. victim's dignity and (8) The right to be treated with fairness and with respect for the privacy. of Jeffrey Epstein has been I ant writing to inform you that the federal investigation reached an agreement containing completed, and Mr. Epstein and the U.S. Attorney's Office have the following terms. es, including the offense First, Mr. Epstein agrees that he will plead guilty to two state offens e him to register as a sexual predator of soliciting minors to engage in prostitution, which will requir for the remainder of his life. US_Atty_Cor_00260 EFTA00235586 MISS NOVEMBER 29,2007 PAGE 2 mendation of 18 months' Second, Mr. Epstein has agreed to make a binding recom him. Mr. Epstei will serve that sentence of n imprisonment to the state court judge who sentences imprisonment at the Palm Beach County Jail. or liability if you elect to Third, Mr. Epstein has agreed that he will not contest jurisdiction fied you as a minor victim of certain seek damages from him because the United States has identi e in prostitution with minors and engag federal offenses, including travel in interstate commerce to engage in prostitution. To assist you the use of facilities of interstate commerce to induce minors to an independent Special Master to in making such a claim, the U.S. Attorney's Office has asked Aaron Podhurst and Robert ("Bob") select attorneys to represent you. Those attorneys are can be reached at (305) 358-2800. I Josefsberg with the law firm of Podhurst Orseck, P.A. They you shortly. J must also advise vott anticipate that someone from their law firm will be contacting you have the absolute richt to select your that you are not oblieated to use these anonnevs. Infect. Josefsbersr at all. or you cap rst/ own attorney. so you can decide notto speak with Mssrs. Podhu do decide to seek damages ey, If you speak with them and decide at any time to use a different attorn berg as your attorneys, Mr. Epstein from Mr. Epstein and you decide to use Messrs. Podhurst / Josefs the time spent trying to negotiate a will be responsible for paying attorney's fees incurred during Epstein, you and Mr. Josefsberg can settlement. If you are unable to reach a settlement with Mr. discuss how best to proceed. federal investigation, Mr. Epstein has As I mentioned above, as part of the resolution of the of plea and sentencing will occur on agreed to plead guilty to state charges. Mr. Epstein's change rley, in Courtroom 1 I F at the Palm December 14, 2007, at a.m., before Judge Sandra K. McSo West Palm Beach, Florida. Pursuant to Beach County Courthouse, 205 North Dixie Highway, are entitled to be present and to make Florida Statutes Sections 960.001(1)(k) and 921.143(1), you written statement under oath, which will a statement under oath. If you choose, you can submit a . If you elect to prepare a written statement, be filed by the State Attorney's Office on your behalf it should address the following: ing social, psychological, or the facts of the case and the extent of any harm, includ indirectly resulting from physical harm, financial losses, loss of earnings directly or any matter relevant to an the crime for which the defendant is being sentenced, and 3(2). appropriate disposition and sentence. Fl. Stat. 921.14 ed from imprisonment at the You also are entitled to notification when Mr. Epstein is releas ipate in a work release program. To receive end of his prison term and/or if he is allowed to partic with the following information: such notification, please provide the State Attorney's Office 1. Your name 2. Your address 3. Your home, work, and/or cell phone numbers US_Atty_Cor_00261 EFTA00235587 MISS NOVESS3ER 29, 2007 PAGB 3 4. Your e-mail addresi 5. A notation of whether you would like to participate in the "VINE system," which provides automated notification calls any time an inmate is moved. (To use this system, your calls must go to you directly, not through a switchboard.) Thank you for all of your help during the course of the investigatioilou have an questions or concerns, please do not hesitate to contact me or Special Agent at (561) 822-5946. Sincerely, R. Alexander Acosta United States Attorney By: sistant nit totes Attorney cc: Special Agent F.B.I. Ms. Clearetha n t,al istitess Coordinator, U.S. Attorney's Office US_Atty_Cor_00262 EFTA00235588 YI To 'Jay Lofkowltz• <JLefkowitz@kirkland.com> cc atIltdoj.gov, bcc 11/29/2007 06:30 PM Subject RE: Epstein: Victim Notification Letter something? HI Jay — The only attachment is my letter, did I miss Thanks. arsimmillellmas as I/2%1.1y Lett " 4.1Lefkowftzaltirkland.cram, sr .goo, •Acosta, Nex (USAFL8)- 11728/2007 04:48 PM <Alexaoostagusdolgov> SuEpstein: Victim Natific44ion Letter act ct Dear Jay: m asked that T forward the victim notification letter to you. It is attached. Thank you. <Wictim Notification Lttpdt>> Assistant U.S. Attorney US_Atty_Cor_00263 EFTA00235589 West Palm Beach, FL 33401 ioation is The information contained in this commun., denti al, may be attor ney-c lient privi leged, may confi ded only constitute insid e infor matio n, and is inten for rty of the use ofm the addressee. It is the prope Kirkland 6 Ellis LLP or Kirkla- nd 6 Ellis International LLP. of this Unauthorized use, disclosure or copying- or any part there of is stric tly communication prohibited this and may be, unlawful. If you have received immediately communication in - error, please notify us by return e-mail or by e-mail to = postmasterOkirkland.com, and s thereof, destroy this communication and all copiece including all attachments. **** ***** * ********* ******.o. a US_Atty_Cor_00264 EFTA00235590 To "Jay Lefirowitz" <JLeiltowttzeptdridand.coi cc 1.110v> bcc 12/10/2007 04:43 PM Subject Meeting on Friday with Ken Start Hi Jay - Will you be attending the meeting on Friday? Thank you. Assistant U.S. Attorney West Palm Beach, FL 33401 US_Atty_Cor_00265 EFTA00235591 'Merle C. To < cc " (USAFLS)" <KerenAtkis en, LS)' < 1.90n "Acosta. A ex (USAFLS)" <1.c.gos a 12/13/200710:03 AM bcc SubOct Correspondence Dear Jay: Please review the enclosed. I look forward to seeing you tomorrow. «071213 a Ltr to Lefkowitz finaipdf'> Assistant U.S. Attorney West Palm Beach, FL 33401 071213 Viafana Ltr to Lefkabitz rmat pdf US_Atty_Cor_00266 EFTA00235592 U.S. Department of Justice United States Attorney Southern District of Florida 500 S. Australian Ave, Ste 400 West Palm Beach FL 33401 (561) 8204711 Facsimile: (561) 820-8777 December 13, 2007 DELIVERY BY ELECTRONIC MAIL Jay P. Lefkowitz, Esq. • Kirkland & Ellis LLP Citigroup Center 153 East 53rd Street New York, New York 10022-4675 Re: Jeffrey Epstein Dear Jay: I am writing not to respond to your asserted "policy concerns" regarding Mr. Epstein's Non- Prosecution Agreement, which will be addressed by the United States Attorney, but the time has come for me to respond to the ever-increasing attacks on my role in the investigation and negotiations. It is an understatement to say that I am surprised by your allegations regarding my role because I thought that we had worked very well together in resolving this dispute. I also am surprised because I feel that I bent over backwards to keep in mind the effect that the agreement would have on Mr. Epstein and to make sure that you (and he) understood the repercussions of the agreement. For example, I brought to your attention that one potential plea could result in no gain time for your client; I corrected one of your calculations of the Sentencing Guidelines that would have resulted in Mr. Epstein spending far more time in prison than you projected; I contacted the Bureau of Prisons to see whether Mr. Epstein would be eligible for the prison camp that you desired; and I told you my suspicions about the source of the press "leak" and suggested ways to avoid the press. Importantly, I continued to work with you in a professional manner even after] learned that you had been proceeding in bad faith for several weeks — thinking that I had incorrectly concluded that solicitation of minors to engage in prostitution was a registrable offense and that you would "fool" our Office into letting Mr. Epstein plead to a non-registrable offense. Even now, when it is clear that neither you nor your client ever intended to abide by the terms of the agreement that he signed, I have never alleged misconduct on your part. The first allegation that you raise is that I "assiduously" hid from you the fact that Bert Ocariz is a friend of my boyfriend and that I have a "longstanding relationship" with Mr. Ocariz. a US_Atty_Cor_00267 EFTA00235593 JAY P. LEFKOWITZ, ESQ. DECEMBER 13,2007 PAGE 2 OF 5 I informed you that I selected Mr. Ocariz because he was a friend and classmate of two people whom I respected, and that I had never met or spoken with Mr. Ocariz prior to contacting him about this case. All of those facts are true. I still have never met Mr. Ocariz, and, at the time that he and I spoke about this case, he did not know about my relationship with his friend. You suggest that I should have explicitly informed you that one of the referrals came from my "boyfriend" rather than simply a "friend," which is the term I used, but it is not my nature to discuss my personal relationships with opposing counsel. Your attacks on me and on the victims establish why I wanted to find someone whom I could trust with safeguarding the victims' best interests in the face of intense pressure from an unlimited number of highly skilled and well paid attorneys. Mr. Ocariz was that person. One of your letters suggests a business relationship between Mr. Ocariz and my boyfriend. This is patently untrue and neither my boyfriend nor I would have received any financial benefit from Mr. Ocariz's appointment. Furthermore, after Mr. Ocariz teamed more about Mr. Epstein's actions (as described below), he expressed a willingness to handle the case pro bono, with no financial benefit even to himself. Furthermore, you were given several other options to choose from, including the Podhurst firm, which was later selected by Judge Davis. You rejected those other options. You also allege that I improperly. disclosed information about the case to Mr. Ocariz. provided Mr. Ocariz with a bare bones summary of the agreement's terms related to his appointment to help him decide whether the case was something he and his firm would be willing to undertake. I did not provide Mr. Ocariz with facts related to the investigation because they were confidential and instead recommended that he "Google" Mr. Epstein's name for background information. When Mr. Ocariz asked for additional information to assist his firm in addressing conflicts issues, I forwarded those questions to you, and you raised objections for the first time. I did not share any further information about Mr. Epstein or the case. Since Mr. Ocariz had been told that you concurred in his selection, out of professional courtesy, I informed Mr. Ocariz of the Office's decision to use a Special Master to make the selection and told him that the Office had made contact with Judge Davis. We have had no further contact since then and I have never had contact with Judge Davis. I understand from you that Mr. Ocariz contacted Judge Davis. You criticize his decision to do so, yet you feel that you and your co-counsel were entitled to contact Judge Davis to try to "lobby" him to select someone to your liking, despite the fact that the Non-Prosecutio n Agreement vested the Office with the exclusive right to select the attorney representative. Another reason for my surprise about your allegations regarding misconduct related to the Section 2255 litigation is your earlier desire to have me perform the role of "facilitator" to convince the victims that the lawyer representative was selected by the Office to represent their interests alone and that the out-of-court settlement of their claims was in their best interests. You now state that doing the same things that you had asked me to do earlier is improper meddling in civil litigation. Much of your letter reiterates the challenges to Detective Recarey's investigation that have US_Atty_Cor_00268 EFTA00235594 JAY P. LEFKOWITZ, ESQ. DECEMBER 13,2007 PAGE 3 OF 5 already been submitted to the Office on several occasions and you suggest that I have kept that information from those who reviewed the proposed indictment package. Contrary to your suggestion, those submissions were attached to and incorporated in the proposed indictment package, so your suggestion that I tried to hide something from the reviewers is false. I also take issue with the duplicity of stating that we must accept as true those parts of the Recarey reports and witness statements that you like and we must accept as false those parts that you do not like. You and your co-counsel also impressed upon me from the beginning the need to undertake an independent investigation. It seems inappropriate now to complain because our independent investigation uncovered facts that are unfavorable to your client. You complain that I "forced" your client and the State Attorney's Office to proceed on charges that they do not believe in, yet you do not want our Office to inform the State Attorney's Office of facts that support the additional charge nor do you want any of the victims of that charge to contact Ms.Belohlavek or the Court. Ms. Belohlavek's opinion may change if she knows the full scope of your client's actions: You and I spent several weeks trying to identify and put together a plea to federal charges that your client was willing to accept. Yet your letter now accuses me of "manufacturing" charges of obstruction of justice, making obscene phone calls, and violating child privacy laws. When Mr. Lourie told you that those charges would "embarrass the Office," he meant that the Office was unwilling to bend the facts to satisfy Mr. Epstein's desired prison sentence — a statement with which I agree. I hope that you understand how your accusations that I imposed "ultimatums" and "forced" you and your client to agree to unconscionable contract terms cannot square with the true facts of this case. As explained in letters from Messrs. Acosta and Sloman, the indictment was postponed for more than five months to allow you and Mr. Epstein's other attorneys to make presentations to the Office to convince the Office not to prosecute. Those presentations were unsuccessful. As you mention in your letter, I —a simple line AUSA —handled the primary negotiations for the Office, and conducted those negotiations with you, Ms. Sanchez, Mr. Lewis, and a host of other highly skilled and experienced practitioners. As You put it, your group has a "combined 250 years experience" to my fourteen. The agreement itself was signed by Mr. Epstein, Ms. Sanchez, and Mr. Lefcourt, whose experience speaks for itself. You and I spent hours negotiating the terms, including when to use "a" versus "the" and other minutiae. When you and I could not reach agreement, you repeatedly went over my head, involving Messrs. Lourie, Menchel, Sloman, and Acosta in the negotiations at various times. In any and all plea negotiations the defendant understands that his options are to plead or to continue with the investigation and proceed to trial. Those were the same options that were proposed to Mr. Epstein, and they are not "persecution or intimidation tactics." Mr. Epstein chose to sign the agreement with the advice of a multitude of extremely noteworthy counsel. You also make much of the fact that the names of the victims were not released to Mr. Epstein prior to signing the Agreement. You never asked for such a term. During an earlier meeting, where Mr. Black was present, he raised the concern that you now voice. Mr. Black and I did not have a chance to discuss the issue, but I had already conceived of a way to resolve that US_Atty_Cor_00269 EFTA00235595 JAY P. LEFKOWTIZ, ESQ. DECEIvEBER 13, 2007 PAGE 4 OF 5 issue if it were raised during negotiations. As I stated, it was not, leading me to believe that it was not a matter of concern to the defense. Since the signing of the Non-Prosecution Agreement, the agents and I have vetted the list of victims more than once. In one instance, we decided to remove a name because, although the minor victim was touched inappropriately by Mr. Epstein, we decided that the link to a payment was insufficient to call it "prostitution." I have always remained open to a challenge to the list, so your suggestion that Mr. Epstein was forced to write a blank check is simply unfounded. Your last set of allegations relates to the investigation of the matter. For instance, you claim that some of the victims were informed of their right to collect damages prior to a thorough investigation of their allegations against Mr. Epstein. This also is false. None of the victims was informed of the right to sue under Section 2255 prior to the investigation of the claims. Three victims were notified shortly after the signing of the Non-Prosecution Agreement of the general terms of that Agreement. You raised objections to any victim notification, and no further notifications were done. Throughout this process you have seen that I have prepared this case as though it would proceed to trial. Notifying the witnesses of the possibility of damages claims prior to concluding the matter by plea or trial would only undermine my case. If my reassurances are insufficient, the fact that not a single victim has threatened to sue Mr. Epstein should assure you of the integrity of the investigation.' 'There are numerous other unfounded allegations in your letter about document demands, the money laundering investigation, contactingpotential witnesses, speaking with the press, and the like. For the most part, these allegations have been raised and disproven earlier and need not be readdressed. However, with respect to the subpoena served upon the private investigator, contrary to your assertion, and as your co-counsel has already been told, I did consult with the Justice Department prior to issuing the subpoena and I was told that because I was not subpoenaing an attorney's office or an office physically located within an attorney's office, and because the business did private investigation work for individuals (rather than working exclusively for Mr. Black), I could issue a grand jury subpoena in the normal course, which is what I did. I also did not "threaten" the State Attorney's Office with a grand jury subpoena, as the correspondence with their grand jury coordinator makes perfectly clear. With regard to your allegation of my filing the Palm Beach Police Department's probable cause affidavit "with the court knowing that the public could access it," I do not know to what you are lefetYingTatiticurneliffrWrata 16 the grata jtuy inve'stigatiiori have aeiffilerunder seal, aid the Palm Beach Police Department's probable cause affidavit has never been filed with the Court. If, in fact, you are referring to the Ex Parte Declaration of Joseph Recarey that was filed in response to the motion to quash the grand jury subpoena, it was filed both under seal and ex parte, so no one should have access to it except the Court and myself. Those documents are still in the Court file only because you have violated one of the terms of the Agreement by failing to "withdraw (Epstein's] pending motion to intervene and to quash certain grand jury subpoenas." US_Atty_Cor_00270 EFTA00235596 JAY P. LEFROWITZ, ESQ. DECEMBER 13, 2007 PAGE 5 ot, 5 With respect tcall I contacted her attorney — who was paid for by Mr. Epstein and was directed by counsel for Mr. Epstein to demand immunity — and asked only whether he gill represented...md if he wanted me to send the victim notification letter to him. He asked what the letter would say and I told him that the letter would be forthcoming in about a week and that I could not provide him with the terms. With respect wastatus as a victim, you again want us to accept as true onl fac that are beneficial to your client and to reject as false anything detrimental to him. rnade a number of statements that are contradicted by documentary evidence and a review of her recorded statement shows her lack of credibility with respect to a number of statements. Based upon all of the evidence collecte is classified as a victim as defined by statute. Of course, that does not mean tha considers herself a victim or that she would seek damages from Mr. Epstein. I believe a number of the identified victims will not seek damages, but that does not negate their legal status as victims. I hope that you now understand that your accusations against myself and the agents are unfounded. In the future, I recommend that you address your accusations to me so that I can correct any misunderstandings before you make false allegations to others in the Department. I hope that we can move forward with a professional resolution of this matter, whether that be by your client's adherence to the contract that he signed, or by virtue of a trial. Sincerely, R. Alexander Acosta United States Attorney By: i a Assistant United States Attorney cc: It. Alexander Acosta, U.S. Attorney Jeffrey Sloman, First Assistant U.S. Attorney You also accuse me of "broaden[ing] the scope of the investigation without any foundation for doing so by adding charges of money laundering and violations of a money transmitting business to the investigation." Again, I consulted with the Justice Department's Money Laundering Section about my analysis before expanding that scope. The duty attorney agreed with my analysis. US_Atty_Cor_00271 EFTA00235597 12/10,07 veo 17:03 FAXJ05 330 6440 SXECUTIVB OFFICE 002 U.S. Department of Justice United States Attorney Southern District of Florida A AuxUWER ACOSTA Alt tit 4 Sinn OVIT0DST4TE3firrOreigi, ,Matt Ft. 33132 005)961.9100 - Totophm 003)3304FM - florsPago December 19, 2007 DMZ&Y By FACSII4X-4 Lillynni Sanchez Fowler White BMW, PA 1395 Brickell Ave, 14° Float Miami, FL 33 I 31 Re: Jeff rein Dear Ms. Sanchez: counsel and the Epstein I write to follow up on the December 14th meeting between defense nt, the Miami FM Specia l Agent in Charge and myself.' f prosecutors, as well as our First Assista team is the appropriate recipient of this write to you because1am not certain who among the defense and would thus ask that you letter. 1address issues raised by several members of the defense team, e team numbers. please provide a copy of this letter to all appropriate defens my December 4* letter, First, I would like to address the Section 2255 issue.2 As I stated in ent entered into betwee n this Office and Mr. my understanding is that the lgon-Prosecution Agreem state and federal criminal a global resolut ion of his Epsteinresponds to Mr. Epstein's &skew reach nerauxlsections has agreed to defer prosecu tion forenta liability. tinder this Agreement, tbis District of assonants and tabiblis from defense counsel. 3 over the past two weeks, we have received several hundred pages the several hats raised. attd our silence should not te interpret as agseelneoli I This is not the forum to respond to er " lit letter mutts that as a result of defense emend would, however. like to address one Issue. Your Decemb m to the Agreartern to provide tin dm use of the USA° propose d an addendu objections to at appointment mecca, this matter, before I had any knowledge of defense counsel imkpendcm third patty selector. M I tomil October manias in Palm Beach. I did this propose d the Addend uM to Mr. Lelkow itz at an objections, I rue spa* placate It was nnly after ) proposal this in an anempt to avoid what I foresaw would likely be 3 litigious selectio n melt enumerated concert s. clump that Mr. beficoveltz raised with sections while a minor, was a victin of a violation of [enumerated Sealers 2355 provides that: "lalny person who, tray sue in any appropriate United States persona lNue) as a result of such violation of Title In end who suffers such person suttatng and the cost of the suit, including a Diurict Court and shall recover the actual damages reasonable attorney's fee- US_Atty_Cor_00272 EFTA00235598 12/19/07 in 17:03 FAX 305 530 8440 etuctrrIva CIVICS X1003 of Title IS in favor of prosecution by the State of Florida, provided that the Mr. Epstein satisfies three general federal interests: (1) that Mr. Epstein plead guilty to a "registerable" state offense; (2) that this state plea include a binding recommendation Ma sufficient term of imprisonment; and (3) that the Agreement not harm the interests of his victims. With this in mind, I have considered defense counsel arguments regarding the Section 2255 portions of the Agreement, As l previously observed, our intent has been to place tine victims in the same position as they would have been had Mr. Epsteinbeen Convicted at trial. No more; no less. From our meeting, it appears that the defense agrees that this was the Intent, During the course of negotiations that intent was reduced to writing in Paragraphs 7 and 8, which as i wrote previously, appear for from simple to understand. I would thus propose that we solve our disagreements over interpretations by saying precisely what we mean, in a simple titration, I would replace Paragraphs 7 and 8 with the following language: "Any person, who while a minor, was a victim of a violation of an offense enumerated in Title 18, United Slates Code, Section 2255, will have the same rights to proceed under Section 2255 as she would have bad, if Mr. Epstein been tried federally and convicted of an tuntrnerated offense. For purposes of implementing this paragraph, the United Stain shall provide Mr. Epstein's attorneys with a list of individuals whom it was prepared to name in an 'Indictment as victims of au enumerated offense by Mr. Epstein. Any judicial authority interpreting this provision, includingany authority detennining which evidentiary burdens if any a plaintiff must meet, shell consider that it is the intent of the parties to place these identified victims in the same position as they would have been had Mr, Epstein been convicted at trial. No mom; no lesa" Second, I would like to address the issue of victim's rights pursuant to Section 3771. i understand that the defense objects to the victims being given notice of time and place of Mr. Epstein's state court sentencing hearing. I have reviewed the proposed victim notification letter and the statute. I would note that the United States provided the draft letter to defense as a courtesy. in addition, f:Irst Assistant United States Attorney Sloman already incorporated in the letter several edits that had been guested by defense counsel. I agree that Section 3771 applies to notice of proceedings and results of investigations of federal cantos as opposed to the state crime. We intend to provide victims with notice of the federal resolution, as required by law. We will defer to the of the discretion of the State Attorney regarding whether be wishes to provide victims with notice state proceedings, although we will provide him with the information necessary to do so if he wishes. Third, I would like to address the issue raised regarding Florida Statute Section 796.03. At our meeting, Professor Dershowite took the position that Mr. Epstein believes that his conduct does This Off= not satisfy the elements of this offense. His assertion raises for me substantial concerns. will not, and cannot, be a party to an agreement in which, Mr. Lipstein pleads guilty to an offense that he believes he did not commit. We are considering how best to proceed. 2 US_Atty_Cor_00273 EFTA00235599 12/10/07 TED 17:04 FAX 305 530 8440 EXECUTIVE OFFICE e004 Our Agreement was first signed on Finally, I would like to address a more general point. n use illsbestefforts to enter his September 201,2007. Pursuant to paragraph 11,1*. Epstei was to As outlined in correspondence between guilty plea and be sentenced no later than October 26,2007. went. Our prosecutors reiterated in our prosecutors and defense counsel, this deadline came and and in fact, asked me several vaxlcs defense counsel several times their concerns regarding delays, resisted that invitation. I share ago to declare the Agreement in breach because of those delays I with what appear s to be an 1 la hour appeal. this fact because it is background to my frustration weeks before the now scheduled January 4th plea date. irrespective of timeliness This said, the issues raised are important and must be fully vetted data I unders tand that defens e counsel shares our concerns. We hope to preserve the January 4a this process over the and will work with our office to expedi te desire not to move that appearance e counsel may wish to seek review next several days. With this in mind, and in the event that defens this past Monday with the Assistant Attorney of our determinations in Washington D.C., I spoke to grant the potential request for review, General Fisher, to Inform her of a possible appeal, to ask her t to preserve the January ea pleadate. and to In fret review this case In an copedited manner to attemp this Office ever to force the hand of a I want to again reiterate that it is not the intention of his wishes . Your client has the right to proceed to trial, defendant to enter into an agreementagainst did not commi t the elements of the charged offense. and he should do so If he believes that he interim, I would ask that you I will respond to the pending issues shortly. In the s and 3371 issues as quickly as possible. communicate your position with respect to the section 2255 Sincerely, R. ALEXANDER ACOSTA UNITED STATES ATTORNEY cc: Alice Fisher, Assistant Attorney General JeTheyelicirst Assistant U.S. Attorney AUSA lillafafia 3 US_Atty_Cor_00274 EFTA00235600 "Acosta. Alex To <JLelkowitz@kirkland.com> (USAFLS)' <AJexAcosta©u sdoj.gov, bcc 12/20/2007 02:19 Subject Re: Important PM If you do prefer to talk, 10 to noon, or 2 to 3 would work. Sent from my BlackBerry Wireless Handheld Original Message From: Acosta, Alex (USAFLS) To: 'JLefkowitz@kirkland.com' Sloman, (USAFLS) Sir irel t 2007 Subject: Re: Important Sure. Not a problem. We can also talk by phone if that's easier. Sent from my BlackBerry Wireless Handheld Original Messag From: Jay Lefkowitz To: Acosta, Alex (USAFLS Sent: Thu Dec 20 13:37:33 2007 Subject: Important ******* ***** ** ************** *********** ***** * ********* The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addr . It is the property of Kirkland G Ellis LLP or Kirkland 6 Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this US_Atty_Cor_00275 EFTA00235601 communication in error, please notify us immediately by return e-mail or by e-mail to postmastergkirkland.com, and destroy this communication and all copies thereof, including all attachments. US_Atty_Cor_00276 EFTA00235602 "Acmes, Alec To <JLefkowttz©kkItland.coo> (USAPLSr <Alexacostegu cc sdal.pova• bcc 12(27/2007 01:32 Subject Re: PM Not a probelm. We can talk later in the week or weekend if its easier. Sent from my BlackBerry Wireless Handheld Original Message From: Jay Lefkowitz 11. > To: Acosta, Alex (US Cc: Sloman, (USAFLS); (USAFLS) Sent: Thu Dec 27 12:21:50 2007 Subject: Re: Original Message From: "Acosta, Alex (USAFLS)" LAlex.Acostaeusdoj.gov) Sent: 12/27/2007 11:37 AM EST To: Jay Lefkowi z Cc: "Sloman, (USAFI.S)• USAFLS)" Subject: RE: Jay -- I just reviewed the letter. I agree that we should talk. Can you give me some times that work on your end, and we'll try to set something up? Original Message From: Jay Lefkowitz [mailto: 6 .11. ] Sent: Wednesday, December 2 , : P To: Acosta, Alex (USAFLS) Subject: US_Atty_Cor_00277 EFTA00235603 ***** The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland 6, Ellis LLP or Kirkland 6 Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments. ****************************************************** ***** ***a* The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland 6 Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, end destroy this communication and all copies thereof, including all attachments. US_Atty_Cor_00278 EFTA00235604 "Acoste,Alex To cksfluwdiz MddandoznWYSbmaN USAFLSr (USAFLS) ,nAMOants, <AlmAcostattu *&44100 cc 12/28/2007 02:18 boo PM Subject Re: Jay - I don't know what will happen at this point. May be best to wait until after we speak monday morning. Alex Sent from my BlackBerry Wireless Handheld Original Message From: Jay Lefkowitz To: Acosta, Alex (USA Sent: Fri Dec 28 13:52:31 2007 Subject: Re: Original Message From: "Acosta, Alex (USAFLS)" (Alex.Acostailusdoj.gov) Sent: 12/28/2007 01:35 PM EST To: Jay Lefkowitz Subject: Re: Jay _ I want to respect your sabbath. Let's just talk monday morning. Would 11 am work? Sent from my BlackBerry Wireless Handheld Original Message From: Jay Lefkowitz To: Acosta, Alex (USA Sent: Fri Dec 28 12:51:13 2007 US_Atty_Cor_00279 EFTA00235605 The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e—mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments. *** ** ******** * ****** ******* ***** ** *********** ************** The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmasterBkirkland.com, and destroy this communication and all copies thereof, including all attachments. US_Atty_Cor_00280 EFTA00235606 "Acosta,Alex To "Jay Le&ovate anillIM> (USAFter <Alec.Acosta@usd cc ot.gov, bcc 12!31/200711:05 Subject RE: AM will do. 3 min. Original Message From: Jay Lefkowitz (mailto ) Sent: Monday, December 31, 2007 11:02 AM To: Acosta, Alex (USAFL$) Subject: ********** *it ************ *******41.****** *ilk** ***** The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmasterOkirkland.com, and destroy this communication and all copies thereof, including all attachments. US_Atty_Cor_00281 EFTA00235607 Jay LeficovAtz/New To "Acosta, Alex (USAFLS)" cAlexAcosta@ruscioj.g YorkiKtrkland•Eilis cc "Acosta, Alex (USAFLS)" eatex.Acosta@eadoi.g 01/022008 03:44 PM "Castillo, Annette (USAFLS)* cAnnette.Castillog "Sloman. MUSAFLS)" bcc Subject RE:® "Acosta, Alex (USAFLS)* <AlexAcosta@usdoj.gov> "Acosta, Alex (USAFLS)' To -Acosta, Alex (USAFLS)• <Alex.Acosta(pusdoj.gov>, <Alex:Acosta@ Latkowite <JLelkovoltzgkireland.com> usdoj.gov> 01/02/2008 03:36 PM eusAF, cc 'Castillo, Annette (USAFLS • <Annette.Castelo@usdol.g- "Sioman, Subject RE: goy> Actually, the morning is bad. How about 3pm or 4pm? From: Acosta, Alex (USAFLS) Sent Wednesday, January 02, 2008 3:33 PM To: Jay Lefkowitz Cc: Castillo, Annette (USAFLS); Sloman, ■(USAFLS) Subjects RE: 11 am? From: Jay Lefkowitz Sent: Wednesday, January , To: Acosta, Alex (USARS) Subject WPM The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the add . It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly US_Atty_Cor_00282 EFTA00235608 Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments. 44********** ****** **** ********* **ie..************** ***** 9 - US_Atty_Cor_00283 EFTA00235609 •Acosta, Alex (USAFLSr To "Jay Lefkowite <AefkowItz@kirkland.cot <A)sx.Acostoausdoi.gow cc "Castillo. Annette (USAFLS)" eAnnette.C4 01/07/2008 11:28AM bet Subject RE: Not a problem. Original Message From: Jay Lefkowitz Sent: Monday, January 07, 20 To: Acosta, Alex (USAFLS) Subject: ***** The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland fi Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmastergkirkland.com, and destroy this communication and all copies thereof, including all attachments. US_Atty_Cor_00284 EFTA00235610 5eumsm,Ales(USAFLE)" To 'Jay Lefty:mite <Alex.Acosta@usdoj.gon cc "CaMillo,Aplione(USAFLS)"cAnne8e.C1 01/07/2008 11:28 AM bcc Subject RE: Not a problem. -----Original Message From: Jay Lefkowitz Imailto:JLefkowitzOkirkland.com) Sent: Monday, January 07, 2005 11:21 AM To: Acosta, Alex (USSFLS) Subject: a The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmasterikirkland.cem, and destroy this communication and all copies thereof, including all attachments. US_Atty_Cor_00285 EFTA00235611 "Acosta, Alex (USAFLS)* To "Jay Lefkowitz" <JLelkowitz@idrkland.coi <Alex.Acosta@usdol.goy> cc "Castillo, Annette (USAFLS)" <Annette.CI 01/07/2008 03:41 PM "Kristin Andersen" ckandersen@kirkland. bee Subject RE: er phone Annettga,,gan you pis provide to Jay the conf. table speak ft., for =and I. From: Jay Lefkown [mallto:JLefkowitz@klrldand.com) Sent: Wednesday, January 02, 2008 3:44 PM To: Acosta, Alex (USAFLS) Sloman, Cc: Acosta, Alex (USAFLS); Castillo, An e (USAFLS); (USAFLS); Kristin Anders en Subject: RE: S "Acosta, Alex (USAFLS)" TtrAcosta. Alex (USAFLS)" eatex.Acosta@usdoj.gov, , "Jay <Alex Ac ontaausdo) goy Leatorette 4IMINMMit ceCtisthlo. Amalie (USAFLS)" eannotte.CasliN ectojew., "Stamm nuSAFtSr 01/02/2008 03:36 PM SublocRE Actually, the morning is bad. How about 3pm or 4pm? From: Acosta, Alex (USAFLS) Sent Wednesday, January 02, 2008 3:33 PM To: Jay Lefkowitz Cc Castillo, Annette (USAFLS); Stoman, (USAFLS) Subject RE: 11 am? From: Jay LefkOwiU [manta Sent Wednesday, January 02, 2008 2:46 PM To: Acosta, Alex (USAFLS) Subject US_Atty_Cor_00286 EFTA00235612 a The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of thi addr . It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmasterekirkland.com, and destroy this communication and all copies thereof, including all attachments. The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmasterekirkland.com, and destroy this communication and all copies thereof, including all attachments. US_Atty_Cor_00287 EFTA00235613 'Acosta, Alex (USAFLS)" To <JLefkowitz©Icirkland.corn> *Alox.Aconausdolgoo cc 01/30/2008 06:33 PM bcc Subject Re: Jay - Thanks for the email. I sent it along to the trial team. I'm also looking forward to when this is over, so we can talk about non-work matters. Hope all is well with you and the family. Alex. Sent from my BlackBerry Wireless Handheld Original Messals , From: Jay Lefkowitz To: Acosta, Alex (USAFLS) Sent: Wed Jan 30 13:07:11 2000 • ***** *Ike** ********** t* ********* ******* **IV** *********** The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for US_Atty_Cor_00288 EFTA00235614 the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmesterekirkland.com, and destroy this communication and all copies thereof, including all attachments. US_Atty_Cor_00289 EFTA00235615 au SAFLS)" sdol.govs. 02/2512008 07:43 PM To cc "Oosterbaan, Andrew' <Andrew.Oosterts bcc Subject Epstein Jay, The Section Chief of Dears Child Exploitation Obscenity Section (CEOS) notified me today that he will review the matter involving your client Jeffrey Epstein. The Section Chief has indicated that he is ready to proceed immediately, and I understand you are in the process of providing him this week with a summary of issues to be reviewed, and expect to meet with him next week. The Section Chief also indicated that you would be calling this Office regarding the upcoming March 3, 2008 court date in the Fifteenth Judicial Circuit, in and for Palm Beach County. As you know, the Agreement entered into by your client originally provided that the United States Attorney's Office for the Southern District of Florida (this Office) would defer prosecution if your client pled guilty to enumerated state charges by October 26, 2007. Since then, that date has been postponed for a number of reasons. At this juncture, it would not be reasonable to keep the current March 3s date as a deadline for compliance with the Agreement. That said, this Office is very concerned about additional delays. Despite this concern, I want to assure you that if counsel for Mr. Epstein meets with CEOS next week (the week of March 3), this Office will extend the time for compliance with the Agreement to provide CEOS time to engage in a thorough review. It goes without saying that in the event that CEOS decides that a federal prosecution should not be undertaken against Mr. Epstein, this Office will close its US_Atty_Cor_00290 EFTA00235616 investigation. However, should CEOS disagree with Mr. Epstein's position, Mr. Epstein shall have one week to abide by the terms and conditions of the September 24, 2007 Agreement as amended by letter from United States Attorney Acosta to Jay Leflcowitz. Jeffrey H. Sloman First Assistant U.S. Attorney Southern District of Florida US_Atty_Cor_00291 EFTA00235617 IaUSAPLS r To <JLeflcowitzakirkland.com> < usdej.govm CC Vesta/bean,Andrew" <Andrew.Oostertm 02/27/2008 09:45 PM bcc Subject Fe: Epstein Sent from my BlackBerry Wireless Handheld Original Message From: Jeffrey Sloman <jalomanebellsouth.net> To: Sloman, Sent: Wed Fe pp (USAF1S) 21:37:02 2008 Subject: Epstein Jay, You have renewed your request for certain information which this Office does not generally make available in similar pre-indictment situations. After carefully considering your request, I have decided, in my capacity as the First Assistant V.S. Attorney, not to make an exception here. Regarding the Landon Thomas matter, Mr. Thomas was given, pursuant to his request, non-case specific information concerning specific federal statutes. Regarding the offer to extend the current deadline of March 3, 2008 contained in my February 25th email. That offer was based on counsel for Mr. Epstein meeting with CEOS the week of March 3rd. You indicate that you are unavailable. It is hard to imagine that some or all of the other attorneys representing Mr. Epstein cannot serve this function. After all, Mr. Epstein is also represented by Dean Kenneth Starr, Martin Weinberg, Roy Black, Gerald Lefcourt, Harvard Professor Alan Dershowitz, Lily III Sanchez, and Guy Lewis. That being said, the Southern District of Florida will only renew the offer to extend the current deadline if you and the CEOS Section Chief mutually agree on a timetable by close of business on Friday, February 29, 2008 to meet and complete presentations no later than March 19, 2008. Given that CEOS is ready to proceed US_Atty_Cor_00292 EFTA00235618 immediately, this seems like more than ample time. As I indicated.in my previous email, if CEOS subsequently decides that a federal prosecution should not be undertaken against Mr. Epstein, this Office will close its investigation. However, should CEOS disagree with Mr. Epstein's position, Mr. Epstein shall have one week to abide by the terms and conditions of the September 24, 2007 Agreement as amended by letter from United States Attorney Acosta. Jeffrey H. Sloman First Asst. US Attorney Southern District of Florida US_Atty_Cor_00293 EFTA00235619 S AFLSr 01.90v, 02/29t2008 07:17 PM To eaelkowitz@kkkland.com> cc bcc Subject Epstein Jay, I know you emailed the U.S. Attorney but I feel compelled to respond. In my Monday, February 25th email, I tried to express my concern, on behalf of the SDFL, about additional delays concerning this matter and the desire to expedite review without interfering or restricting the process. When you replied on Wednesday , February 27th, it seemed to me that nothing had much changed. Your email stated " because I am currently scheduled to be on trial all next week in Delaware, I don't think we will actually be able to begin meeting with Drew until the following week, at the earliest." I felt that no effort was being made towards scheduling, and that, at the very least, one of Mr. Epstein 's other lawyers could have attempted to schedule a meeting with CEOS. To put it another way, it appeared to me that this matter was going to drag unnecessarily. Obviously you sensed my frustration in my responding email which, in turn, generated your email to the USA. Late this afternoon, I was informed that you have scheduled a meeting with CEOS for March 12th. Obviously, I am heartened to hear of this development. Please be assured that it is not, and never has been, this Office's intent to interfere with or restrict the review process for either Mr. Epstein or CEOS. I leave it to you and CEOS to figure out how best to proceed and will await the results of that process. US_Atty_Cor_00294 EFTA00235620 (7) S loman, FAUSA US_Atty_Cor_00295 EFTA00235621 Subject: Epstein Jay, I know you emailed the U.S. Attorney but I feel compelled to respond. In my Monday, February 25th email, I tried to express my concern, on behalf of the SDFL, about additional delays concerning this matter and the desire to expedite review without interfering or restricting the process. When you replied on Wednesday , February 27th, it seemed to me that nothing had much changed. Your email stated "because I am currently scheduled to be on trial all next week in Delaware, I don't think we will actually be able to begin meeting with Drew until the following week, at the earliest." I felt that no effort was being made towards scheduling, and that, at the very least, one of Mr. Epstein's other lawyers could have attempted to schedule a meeting with CEOS. To put it another way, it appeared to me that this matter was going to drag unnecessarily. Obviously you sensed my frustration in my responding email which, in turn, generated your email to the USA. Late this afternoon, I was informed that you have scheduled a meeting with CEOS for March 12th. Obviously, I am heartened to hear of this development. Please be assured that it is not, and never has been, this Office's intent to interfere with or restrict the review process for either Mr. Epstein or CEOS. I leave it to you and CEOS to figure out how best to proceed and will await the results of that process. ■ Sloman, FAUSA US_Atty_Cor_00296 EFTA00235622 C) The information contained in this commun.. ication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for . the add the use of, . It is the property of Kirkland & Ellis LLP or Kirkla.. nd & Ellis International LLP. Unauthorized use, disclosure or copying- of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in — error, please notify us immediately by return e-mail or by e-mail to postmasterekirkland.com, and destroy this communication and all coping. s thereof, including all attachments. US_Atty_Cor_00297 EFTA00235623 To "Jay Lefkowite <JLefkowitz@kirkland.cot cc 03/05/2008 09:09 AM bcc Subject RE: Epstein Jay, I have again carefully considered your request and have decided not to make an exception here. Sloman, FAUSA From: Jay Lefkowitz [malkot.ltatkowIt@kaldend.com] Sent TuesduMarch 04, 20O8 4:35 PM To: Sloman, (USARS) Subject Re: Epsbain -- Original Masse - From: "Slomaa. (USAFLS)" Sent: 02/29/2008 07:17 PM EST To: Jay Lefkowitz US_Atty_Cor_00298 EFTA00235624 05/16/2008 11:18 FAS 05/18/08 PEI 11:08 PAX UNITED STATES DEPARTME Criminal Divisio Child Exploitation and Obsc Lc-4-w 1400 New York Avenue, NW Suite 600 bo Washington, DC 20530-0001 • 200 05 • TO: Alexander Aoosta, Esq. Tay parkawftz, Esq . . OFFICE NUMBER: FAX NUMBER: 305/530-7087 FROM: Alexandra Gelber DATEMME: May 16, 2008 OFFICE NUMBER: (202) 514-5780 NUMBER OF PAGES, FXCLUD INO THIS SHEET: 5 SPECIAL INSTRUCTIONS: US_Atty_Cor_00299 EFTA00235625 05/16/2008 11:16 FAX Q002/006 ' 05/16/08 FRI 11:08 FAX J002 U.S. Department of Justice Criminal Division Andrew G. Oostettaan, Chief add efftlelearion end Ott X•6110“ 1400 New York Amu% NW Sane 600 Walkinstax. DC 20130 (2o2) )11-57$0 FAX.• (202)1/44793 May 15, 2008 Jay Lefkowitz, Esq. Kirkland & Ellis LISP Citigroup Center 153 E. 5314 St New York, NY 10022-4611 Re: Investigation ()Peery Epstein Dear Mr. Lefkowitz: Pursuant to your request and the request of U.S. Attorney R. Alexander Acosta, we independently evaluated certain issues raise have d in the investigation offefftey Eps whether a decision to prosecute Mr. Epstein tein to determine for federal criminal violations would criminal enforcement policy interests. As contradict part of our evaluation, we have reviewed written on behalf of Mr. Epstein on Feb niary 1, 2007, June 25, 2007, July 6, 200 letters 2008, April 8, 2008, April 28, 2008, and 7, Mar May 14, 2008, with their attachments. We ch 28, reviewed memos prepared by the U.S have also . Attorney's Office. As you will recall, we and other representatives of Mr. Epstein to met with you further discuss your views on the federal prosecution. We have discussed the propriety of a factual and legal issues you raise with Division's Appellate Section, and we cons the Criminal ulted with the Office of Enforcement concerning the petite policy. Operations We are examining the narrow question U.S. Attorney's Office to proceed with a as to whether there is a legitimate basi s tbr the federal prosecution of Mr. Epstein. prosecutorial decision making authority Ultimately, the within a Attorney. Therefore, to borrow a phrase from U.S. Attorney's Office lies with the U.S. the case law, the question we sought was whether U.S. Attorney Acosta wou to answer ld abuse his discretion if he authoriz case. ed prosecution in this As you know, our review of this case is looked at the entire universe of facts in limited, both factually and legally. We have not. this case. ft is not the role of the Crim conduct a complete factual inquiry from inal Division to re- scratch. Furthermore, we did not anal concerning prosecution under federal yze any issues statutes that do not pertain to child money laundering statutes. expl oita tion, such as the U S_Atty_Cor_0030 0 EFTA00235626 05/18/2008 11:16 FAX Q003/006 05/16/08 PRI 11:08 FAX 1 003 As was made clear at the outset, we did not review the facts, circumstance s, or terms included in the plea offer, nor any allegations that individuals involved in the investigation engaged in misconduct. Despite that agreement, we note that your letters of April 8, April 28, and May 14 focus in large part on accusations of investigative or prosec utorial misconduct. Not only do allegations of prosecutorial misconduct fall outside the bound ary of our agreed review, they also fall outside the authority of the Criminal Division in the first instance. Simply, the Criminal Division does not investigate or resolve allegations of professional misconduct by federal prosecutors. For these reasons, we do not respond to the portio n of those letters that discuss alleged misconduct. Based on our review of all of these materials, and after carefu l consideration of the issues, we conclude that U.S. Attorney Acosta could properly use his discretion to authorize prosecution in this case. We will briefly address each of the issues that you have raised. Knowledge ofage. Federal child exploitation statutes differ as to whether there must be proof that the defendant was aware that the children were under the age of 18. However, even for those statutes where knowledge of age is an element of the offense, it is possible to satisfy that element with proof that the defendant was deliberately ignorant of facts which would suggest that the person was a minor. For that reason, the fact that some of the individuals allegedly lied to Mr. Epstein about their age is not dispositive of the issue. While there may be an open factual issue as to Mr. Epstein's knowledge, we cannot say that it would be impossible to prove knowledge of age for any such charges which require it. Therefore, Mr. Acosta could rightfully conclude that this factual issue is best resolved by a jury. Travelfor the purpose. In the materials you prepared, you suggest that Mr. Epstein should not be charged with violating 13 U.S.C. § 2423(b) becau se his dominant purpose in going to Florida was not to engage in illegal sexual activity, but rather to return to one of his residences. While we fully understand your argument, we also find that the U.S. Attorney's office has a good faith basis fully to develop the facts on this issue and brief the law to permit a court to decide whether the law properly reaches such conduct. Mr. Acost a would not be abusing his discretion if he decided to pursue such a course of action. intent to engage In the conduct at the time of travel. Based on our review of the facts of this case, we respectibily disagree that there is no eviden ce concerning Mr. Epstein's intent when he traveled, and when that intent was formed. Should Mr. Acosta elect to let the case proceed so that a jury can resolve this factual issue, he would be within his discretion to do so. Use oja porno, or means of Interstate orforeign comm erce. Much of the materials you have prepared and much of the meeting we had focuse d on 18 U.S.C. § 2422(b), specifically your contention that Mr. Epstein did not use the phone to coerce anyone to engage in illegal sexual activity. We understand the issue you raise conce rning the statutory interpretation. As before however, we cannot agree that there is no eviden , ce that would support a charge under 2422(b), nor can we agree that there is no argum Section ent in support of the application of that statute this case. Finally, our assessment is that the to application of that statute to these facts would not be 2 US_Atty_Cor_00301 EFTA00235627 06/16/2006 11:16 FAX R)004/006 05/16706 FRI 11:09 FAX O004 so novel as to implicate the so-called "clear statement rule," the Er Past Facto clause, Process clause. As with the other legal issu or the Due es, Mr. Acosta may elect to proceed with the case. Absence of coercion. With respect to 18 U.S.C. § 1591, the alleged absence of the force, fraud, or coercion is of no moment. use of The statute does not require the use of and coercion against minors. Because of their ago, force, fraud, a degree of coercion is presumed. materials, you note that the statute requires In your that the minors must be "caused" to commercial sex act, further arguing that the engage in a word "cause" suggests that a certain amo undue influence was used. We reject that unt of interpretation, as it would read back into element•-coercion—that Congress has expr the offense an essly excluded. We have successfully defendants for the commercial sexual expl prosecuted oitation of minors, even when the minors not only did they voluntarily engage in the testified that commercial sex acts, it was their idea to do such, Mr. Acosta could properly decide to purs so. As ue charges under Section 1591 even if evidence of coercion. there is no More broadly, a defendant's criminal liab ility does not hinge on his victim identifyi having suffered at his hands. Therefore, ng as a prosecution could proceed, should Mr. Aco to do so, even though some of the young sta decide women allegedly have said that they do themselves as victims. not view Witness credibility. As all prosecutors kno w, there arc no perfect witnesses. Part in cases involving exploited children, icularly as ono member of your defense team, Ms. knows from her work at CEOS, it is not unco Thacker, surely mmon for victim-witnesses to give con statements. The prosecutors are in the best flicting position to assess the witness's credibili prosecutor may decide that the best approach ty. Often, the is to present the witness, let defense coun explore the credibility problems on cross-ex sel amination, and let the jury resolve the Acosta would be within his authority to sele issue. Mr. ct that approach, especially when here multiple, mutually-corroborating witn there are esses. Contradictions and omissions in the sear ch warrant application. We have caro reviewed the factual issues you raise conc fully erning the search warrant application. warrant to be suppressed, however, the fact For a search ual errors must be material, and the have proceeded hr good faith. Despite the num officers must not erous factual errors you describe, Attorney's Office could still plausibly the U.S. argue that the mistakes—whether inadvert intentional—were not material to the ent or determination that probable cause exis that the search was in good faith in any even ted for a search, and t. As such, Mr. Acosta could prop defend the scorch warrant in court rath erly elect to er than forego prosecution. Petite After reviewing the petite policy Enforcement Operations ("020"), we and consulting with the Office of conclude that the petite policy does prosecution in this case. According to not prohibit federal the U.S. Attorney's Manual, the peti whenever there has been a prior state or te policy "applies federal prosecution resulting in an conviction, including one resulting from acquittal, a a plea agreement, or a dismissal or other termination of 3 US_Atty_Cor_00302 EFTA00235628 06/16/2008 11:17 FAX fib 005/006 06/16/08 FRI 11:09 FAX @nob the case on the merits after jeopardy has attached. " USAM 9-2.031(C). Our understanding that the state case is still pending. As such, is the procedural posture of the state case does implicate the petite policy. not We recognize that the petite policy could be triggered if the state case concluded afte federal indictment was issued but prior to ra the commencement of any federal trial. Id. the policy "does not apply ... where (he (stat However, e) prosecution involved only a minor part contemplated federal charges." USAM 9-2. of the 031(B). Based on our understanding of the poss federal charges and existing state charges, we ible do not think the petite policy would be should federal proceedings take place. an issu e Federalism and Prosecutoria l Discretion. All of the above a federal prosecution can proceed. We unde issues essentially ask whether rstand, however, that you also ask whe prosecution should proceed, even in the even ther a federal t that an of the elements of a federal be proven. On this issue, you raised two offense could arguments: that the conduct at issue here trad a state concern because the activity is enti is itionally rely local, and that the typical prosecut child exploitation statutes have different facts ion unde r federal than the ones implicated here. You have essentially asked us to look into whe ther a prosecution would so violate federal policy that a United States Attorney's Offi prosecutorial ce should not pursue a prosecution, We that is the case here for the following reas do not think ons. Simply, the commercial sexual exploitation the conduct is local, and regardless of whe of children is a federal concern, even ther the defendant provided the chil when paid for the child (the "john"). In your mat d (the "pimp") or erials, you refer to a letter sent by the Justice to Congress in which the Departm Department of ent expresses concern over the expa laws to reach almost all instances of pros nsion of federal titution. In that portion of the letter, the was expressly referring to a proposed federal Department law that reach adult prostitution fraud, or coercion was used. Indeed, the whe re no force, point being made in that letter is that efforts arc properly focused on the com the Department's mercial sexual exploitation of children exploitation of adults through the use of and the force, fraud, or coercion. As such, inconsistency between the position taken there is no in that letter and the federal prosecut instances of the commercial sexual ion of wholly local exploitation of children. If Congress wanted to limit the reach of federal statutes only to those who prof commercial sexual expl oitation of children, or only to those it from the state lines, it could have done so. It did not. who actually traffic children acro Finally, that a prosecution of Mt ss look precisely Jike the cases that came Epstein might not before it is not dispositive. We can say that this case is consistent in principl with confidence e with other federal prosecutions nationw Acosta can soundly exercise his auth ide. As such, Mr. ority to decide to pursue a prosecution involve a novel application of a federal even though it might statute. Conclusion. After carefully consider ing all the factual and legal issues raise the arguments concerning the d, as well as general propriety of a federal case against Mr. Epstein on these 4 US_Atty_Cor_00303 EFTA00235629 --• --• ----- -- WiluvW vy.• 05/16/0$ Fit 11:10 PAX (hoes facts, we conclude that federal prosecution in this case would not be improper or inappropriate. While you raise many compelling arguments, we do not see anything that rays co us categorically that a federal case should not be brought. Mr. Acosta would not be abusing hie prosecutorial discretion should he authorize fodaal prosecution ofMr. Shwa* OOSterballt co: AM) Alice S. Fisher DAAG Sigal P. Mandelker U.S. Attorney R. Alexander Acosta a S US_Atty_Cor_00304 EFTA00235630 05/16/2008 11:18 FAX 05/18/08 FRE 11:08 FAX cb002/008 Q002 U.S. Department of Justice Criminal Division Andrew 0. Oosterbaan, Chief Child ka,ploliarlun and Obn vnity Ration 1400 AM York Ammo, NW SW. 600 frottlagton. DC 28130 (302) 5/4.5740 PAX: (202) 1/4-179 ) May 15, 2008 Jay Lefkowitz, Esq. Kirkland & Ellis LLP Citigroup Center 153 E. 53i8 St. New York, NY 10022-4611 Re: Investigation of Jeffery Epstein Dear Mr. Lefkowitz: Pursuant to your request and the independently evaluated certain issu request of U.S. Attorney R. Ale es raised in the xander Acosta, we have whether a decision to prosecute investigation of Jeffrey Epstein Mr. Epstein for federal crimina to determine criminal enforcement policy l violations would contradict interests. As part of our evalua written on behalf of Mr. Epstein tion, we have reviewed letters on February 1, 2007, June 25, 2008, April 8, 2008, April 28, 2007, July 6, 2007, March 2008, and May 14, 2008, wit 28, reviewed memos prepared by the h their attachments. We hav U.S. Attorney's Office. As e als o and other representatives of Mr you will recall, we met with . Epstein to further discuss you federal prosecution. We have your views on the propriety discussed the factual and leg of a Division's Appellate Section, and al issues you raise with the we consulted with the Office Criminal concerning the petite policy. of Enforcement Operation s We are examining the narrow U.S. Attorney's Office to pro question as to whether the ceed with a federal prosecutio re is a legitimate basis for the prosecutorial decision making n of Mr. Epstein. Ultimately authority within a U.S. Att , the Attorney. Therefore, to borrow orney's Office lies with the a phrase from the case law U.S. was whether U.S. Attorney , the question we sought to Acosta would abuse his discre answer case. tion if he authorized prosec ution in this As you know, our review of looked at the entire universe this case is limited, both fac of facts in this case. ft is not tually and legally. We hav e not conduct a complete factual the role of the Crimin al Division to re- inquiry from scratch. concerning prosecution under fed Furthermore, we did not ana eral sta tute s lyze any issues money laundering statutes. tha t do not pertain to child exploitation, such as the US_Att y_Cor_O0305 EFTA00235631 06/16/2008 11:16 FAX 133003/006 05/16/08 PRI 11:08 FAX Q) 003 As was made clear at the outset, we did not revi ew the facts, circumstances, or terms included in tho plea offer, nor any allegation s that individuals involved in the investiga engaged in misconduct. Despite that agreement, tion we note that your letters of April 8, April and May 14 focus in large part on accusatio 28, ns of investigative or prosecutorial miscondu only do allegations of prosecutoria ct. Not l misconduct fall outside the boundary of they also fall outside the authority of the Crim our agreed review, inal Division in the first instance. Simply, Criminal Division does not investigate or reso the lve allegations of professional misconduct federal prosecutors. For these reasons, we do by not respond to the portion of thoso letters discuss alleged misconduct. that Based on our review of all of these mat erials, and after careful consideration of the issues, we conclude that U.S. Attorney Acosta coul d properly use his discretion to authoriz in this case. We will briefly address each e prosecution of the issues that you have raised. Knowledge of age. Federal child exploitat ion statutes differ us to whether there mus proof that the defendant was aware that the t be children were under the age of 18. However for those statutes where knowledge of age , even is an element of the offense, it is possible that element with proof that the defendan to satisfy t was deliberately ignorant of facts which that the person was a minor, For that reas would suggest on, the fact that some of the individuals to Mr. Epstein about their age is not disp allegedly lied ositivc of the issue. While there may be issue as to Mr. Epstein's knowledge, we an open factual cannot say that it would be impossible knowledge of age for any such charges whic to prove h require it. Therefore, Mr. Acosta coul conclude that this factual issue is best d rightfitlly resolved by a jury. Travelfor the purpose. In the materials you should not be charged with violating 18 U.S prepared, you suggest that Mr. Epstein .C. § 2423(b) because his dominant to Florida was not to engage in illeg purpose in going al sexual activity, but rather to return to While we fully understood your argumen one of his residences. t, we also find that the U.S. Atto faith basis fully to develop the facts on this rney's office has a good issue and brief the law to permit a cour whether the law properly reaches such t to decide conduct. Mr. Acosta would not be abusing if he decided to pursue such a course of his discretion action. intent to engage in the conduct at the time this case, we respeetffilly disagree that oftravel. Based on our review of the there is no evidence concerning Mr. facts of he traveled, and when that intent was form Epstein's intent when ed. Sbould Mr. Acosta elect to let that a jury can resolve this factual issue, he the case proceed so would be within his discretion to do so. Use ofa facility or means of interstate have prepared and much of the meeting orfortagn commerce. Much of the we had focused on 18 U.S.C. § 242 materials you contention that Mr. Epstein did not use 2(b), specifically your the phone to coerce anyone to engage activity. We understand the issue you in illegal sexual raise concerning the statutory however, we cannot agree that ther interpretation. As before. e is no evidence that would support 2422(b), nor can we agree that ther a charge under Section e is no argument in support of the appl this case. Finally. our assessment is ication of that statute to that the application of that statute to these facts would not be 2 US_Atty_Cor_00306 EFTA00235632 05/16/2008 11:16 RAI Q004/006 05/16/08 PRI 11:09 FAS e004 so novel as to implicate the so-called "clear statement rule," the Lx Post Facto clause, or the Due Process clause. As with the other legal issues, Mr. Acosta may elect to proceed with the case. Absence of coercion. With respect to 18 U.S.C. § 1591, the allege d absence of the use of force, fraud, or coercion is of no moment. The statute does not require the use of force, fraud, and coercion against minors. Because of their age, a degree of coercion is presumed. In your materials, you note that the statute requires that the minors must be "caused" to engage in a commercial sex act, further arguing that the word "cause" suggests that a certain amount of undue influence was used. We reject that interpretation, as it would read back into the offense an element-coercion—that Congress has expressly excluded. We have successfully prosecuted defendants for the commercial sexual exploitation of minors, even when the minors testified that not only did they voluntarily engage in the commercial sex acts, it was their idea to do so. As such, Mr. Acosta could properly decide to pursue charges under Sectio n 1591 even if there is no evidence of coercion. More broadly, a defendant's criminal liability does not hinge on his victim identifying as having suffered at his hands. Therefore, a prosecution could procee d, should Mr. Acosta decide to do so, even though some of the young women allegedly have said that they do not view themselves as victims. Witness credibility. As all prosecutors know, there are no perfect witnesses. Particularly in cases involving exploited children, as one member of your defense learn, Ms. Thacker, surely knows front her work at CEOS, it is not uncommon for victim-witne sses to give conflicting statements. The prosecutors are in the best position to assess the witness's credibility. Often, the prosecutor may decide that the best approach is to presen t the witness, let defense counsel explore the credibility problems on cross-examination, and let the jury resolve the issue. Mr. Acosta would be within his authority to select that approach, especially when hero there arc multiple, mutually-corroborating witnesses. Contradictions and omissions in the search warrant applic ation. We have carefully reviewed the factual issues you raise concerning the search warra nt application. For a search warrant to be suppressed, however, the factual errors must be material, and the officers must not have proceeded in good faith. Despite the numerous factual errors you describe, the U.S. Attorney's Office could still plausibly argue that the mistak es—whether inadvertent or intentional—were not material to the determination that probable cause existed for a search, and that the search was in good faith in any event. As such, Mr. Acosta could properly elect to defend the search warrant in court rather than forego prosecution. Petite Policy: After reviewing the petite policy and consu lting with the Office of Enforcement Operations ("O2O"), we conclude that the polite policy does not prohibit federal prosecution in this case. According to the U.S. Attorn ey's Manual, the pctitc policy "applies whenever there has been a prior state or federal prosec ution resulting in an acquittal, a conviction, including one resulting from a plea agreem ent, or a dismissal or other termination of 3 US_Atty_Cor_00307 EFTA00235633 • 06/16/2008 11:17 FAS ®005/006 05/16/08 FRI 11:09 FAX ll008 the case on the merits after jeopardy has attached. " USAM 9-2.03I(C). Our understanding is that the state case is still pending. As such, the procedural posture of the state case does implicate the petite policy. not We recognize that the petite policy could be triggered if the state case concluded after federal indictment was issued but prior to the com a mencement of any federal trial. Id. How the policy "does not apply ... where the (stat ever , e) prosecution involved only a minor part of contemplated federal charges." US AM 9-2. the 031(B). Based on our understanding of the federal charges and existing state charges, possible we do not think the petite policy would be should federal proceedings take place. an issue Federalism and Prosecutorial Discretio a federal prosecution can proceed. We n. All of the above issues essentially ask understand, however, that you also ask whe whether prosecution should proceed, even in the even ther a federal t that all of the elements of a federal be proven. On this issue, you raised two offense could arguments: that the conduct at issue here a state concern because the activity is entir is traditionally ely local, and that the typical prosecution child exploitation statutes have different under federal facts than the ones implicated here. essentially asked us to look into whether You have a prosecution would so violate federal policy that a United States Attorney's Offi prosecutorial ce should not pursue a prosecution. We that is the case here for the following do not think reasons. Simply, the commercial sexual exploitation the conduct is local, and regardless of of children is a federal concern, even whe whether the defendant provided the child n paid for the child (the "john"). in your mate (the "pimp") or rials, you refer to a letter sent by the Justice to Congress in which the Departm Department of ent expresses concern over the expansion laws to reach almost all instances of pros of federal titution. In that portion of the letter, the was expressly referring to a proposed Dep artment federal law that reach adult prostitution fraud, or coercion was used. Indeed, the where no force, point being made in that letter is that efforts are properly focused on the the Department's commercial sexual exploitation of children exploitation of adults through the use and the of force, 'laud, or coercion. As such, inconsistency between the position there is no taken in that letter and the federal pros instances of the commercial sexual expl ecution of wholly local oitation of children. If Congress wanted to limit the reach of federal statutes only to those who prof commercial sexual exploitation of chil it front the dren, or only to those who actually state lines, it could have done so. It did not. traffic children across Finally, that a prosecution of Mr. look precisely like the cases that came Epstein might not before it is not dispositive. We can say that this case is consistent in principle with confidence with other federal prosecutions nati Acosta can soundly exercise his authority onwide. As such, Mr. to decide to pursue a prosecution involve a novel application of a federal even though it might statute. Conclusion. After carefully cons ider the arguments concerning the general prop ing all the factual and legal issues raised, as well as riety of a federal case against Mr. Epstein on these 4 US_Atty_Cor_00308 EFTA00235634 05.0.0/01: FRI 11:10 FAX atoms facts, we conclude that federal prosecution in this ease would not bo improper or inappropriate. While you raise many compelling arguments, we do not see anything that says to us categorically that a federal cue should Dot be brought. Mr. Acosta would not be abusing his prosecutorial discretion should he authorize federal prosecution of Mr. gpotei S . Oosterbaan co: AAG Alice S. Either DRAG Sigel P. Mandencer U S. Attorney R. Alexander Acosta 5 US_Atty_Cor_00309 EFTA00235635 Jack Goldberger From: Sent: To: Subject: Read carefully the GJ suspension portion of the non pros agreement. It says upon signing the non pros agreement and A PLEA AGREEMENT with SAO all pending Si subpoenas will be held in abeyance. Doesn't that imply that when we sign plea agreement with state this week the new Si subpoenas that are out now go into abeyance status also From: (USAFIS) [mallto Sent: ue 1.11Jun.lit 4:16 PM To: Roy BLACK. Jack Goldberger Cc: (USAFLS) Sub : Je ey pstein Agreement Dear Roy and Jack: I am just writing to re-state that it is the Government's position that we have a signed, binding agreement and that there is no need for further modification. Please keep us informed of the date and time of the change of plea and sentencing. Thank you. 4 Assistant U.S. Attorney West Palm Beach, FL 33401 US_Atty_Cor_00310 EFTA00235636 JUN. 27.2F28 3:33PM IF.rYio WPB FL NO.324- P.2 - U.S. Department of Justice United States Attorney Southern District ofFlorida 500 South Auttrallem Ave.. Sua. 400 wesrPaint Beach. FL 33401 an) 820-8711 Faestridle: (561)820-8777 June 27, 2008 VIA FACSTMIT Jack A. Goldberger, Esq. Atterbuty, Goldberger & Weiss, P.A. One Clearlake Centre, Suite 1400 250 Australian Ave S. West Palm Beach, FL 33401-5015 Roy Black, Esq. Black Srebniok Komspan & Stumpf P.A. 201 S. Biscayne Blvd, Suite 1300 Miami, FL 33131 Re: kfty_apstem Dear Messrs. Goldberger and Black: I write to follow up on my e-mail correspondence ofjune24 and June 26, and my message this morning. As of 3:15 p.m., Friday, June 27, 2008, the Office still has not received a copy oh proposed plea agreement between Mr. Epstein and the State Attorney's Office, nor has the Office received notice of a date and time for a change of plea. As you know, the Non-Prosecution Agreement between Mr. Epstein and the Office called for Mr. Epstein to plead, be sentenced, and begin serving his sentence not later than January 4, 2008—almost six months ago. The Office has continued that deadline to allow Mr. Epstein to raise various issues with the Department of Justice, but repeatedly advised that, once those appeals were completed, Mr. Epstein would need to perform the terms of the agreement within a short window thereaftet. Now that those appeals have been exhausted, we promptly Informed counsel for Mr. Epstein tbstt he must enter his plea, be sentenced, and begin serving his sentence by 5:00 on Monday, June 30, 2008. This week I have seat two e-mails and left a message -with Mr. Black's rcceponist asking for the date end time of the change of plea and fox a copy of the proposed pica agreement between Mr. Epstein and the State Attorney's Office in accordance with the terms of the Non-Prosecution Agreement. I have received no response to any of those requests. US_Atty_Cor_00311 EFTA00235637 JIM. 27.2028 3139PM LEM WPB FL NO.324 P.3 -"- " JACK O0LDBBR0ER, ESQ. RoY Blanc ESQ. JUNE 27, 2008 Nos 2 oP 2 I have received correspondence from counsel for a witness asking to cancel or continue the witness's appearance because he “understand[s] that there has been a recent development with respect to Mr. Epstein in that he intends to plead guilty in Florida state court on Monday pursuant to a deferred prosecution agreement with your office that has already been executed" and that he has "learned from Mr. Epstein's attomoy that the plea is scheduled to take plaoo on Monday morning." I also understand that there is an entry on Judge McSorley1s docket that a hearing la scheduled for 8:30 a.m. on Monday. Both parties have agreed that it is a material term of the Non-Prosecution Agreement that the United States shall have the right to review the terms of any agreements between Epstein and the State Attorney's Office prior to entering into those agreements. If, indeed, the change of plea is set for 8:30 Monday morning, the agreement with the State Attorney's Office must be provided to the Office by 4:30 today to allow adequate time to review and comment. ?allure to provide this opportunity shall be deemed a breach of the Agreement. Accordingly, I spin ask that you provide me with a copy of the Plea Agreement with the State Attorney's Office and notification of the date and time of the change of plea. Thank you. Sincerely, BY: A. Marie Villafafut Assistant United States Attorney cc: Karen Atkinson, AUSA US_Atty_Cor_0031 2 EFTA00235638 :UN.27.2003 c:321 USAO WPS 7L NO.213 '‘'.2 U.S. Department of Justice United States Attorney Southern District ofFlorida 500 South Maattlien Ave, Stilts 400 West Pan Beath FL 33401 (561) 8204711 • Facsimile: (361) 820.8777 June 27, 2008 VIA FACSIMILE AND ELECTRONIC M411. Jack A. Goldberger, Esq. Atterbury, Goldberger & Weiss, P.A. One Clearlake Centre, Suite 1400 250 Australian Ave 5: West Palm Beach, FL 334014015 Roy Black, Esq. Black Srebnick Kornspan & Stumpf P.A. 201 S. Biscayne Blvd, Suite 1300 Miami, FL 33131 Re: Jeffrey Epstein Dear Messrs. Goldberger and Black: Thank you for providing me with the proposed plea agreementbetween Mr. Epstein and the State Attorney's Office. The U.S. Attorney's Office hereby provides Notice that the proposed sentencing provision does Re comply with the terms of the Non-Prosecution Agreement. The second sentencing paragraph of the proposed plea agreement reads: On 08CF00938 AME,the Defendant is sentenced to 18 months Commonly Control 1 (one). As 4 special condition of this Cougnunitv Control the Defendant must serve the first 6 months in the Palm Beach County Detention Facility . , . 'rho Non-Prosecution Agreement specifloally provides: 'Epstein shall be sentenced to consecutive tonne of twelve (12) months and Mx (6) months In county la91 for all charges, . . . without probation or community control la Begslimprisonment Thus, the proposed plea agreement with the State Attorney's Office does not comply with the terms of the Non-Prosecution Agreement. To comply with the Agreement, Mr. Epstein must make a binding recommendation of eighteen months kuensonmeJS, which means confinementtwenty-four US_Atty_Cor_0031 3 EFTA00235639 SUN. 27. 2008 5: 55PM W WPB FL NU. de.4 r'.4 JACK GOtaBPROEft, ESQ. ROY ILA= pa/ JUNG 27, 2008 PAos208 2 hours a day at the County Jail, and the judp must accept that recommendation. Community control must follow that term of incarceration. Secondly, we have not been provided with a copy of the Information filed In ease number 08CF009381AMB. I want to confinn that Mt Epstein is being charged with the substantive offense of procuring minors to engage in prostitution, not Sterared procurement. Accordingly, please provide me with a copy ofiho Information at your earliest opportunity. I will be available via email throughout the weekend or you may reach me on my cell phone at 561 6014301. Thank you, Sincerely, R. Alexander Moats United States Attorney BY: ataw-tliestkr4.- .111Villafalia Assistant United States Attorney cc: Karen Atkinson, AUSA US_Atty_Cor_00314 EFTA00235640 Jack Goldberger From: Sent: To: Cc: Subject: see From: (USAFLS) Sent: Fri 6/27/2008 5:45 PM To: Roy BLACK Cc: (USAFLS) Subject: Notice of Non-Compliance Dear Messrs. Goldberger and Black: Please see the attached Notification Letter. «080627 Goldberger Black notification itr.pdf>> VillafaRa Assistant U.S. Attorney West Palm Beach, FL 33401 US_Atty_Cor_0031 5 EFTA00235641 Jack Goldberger Mow From: Sent: To: Subject: not a p/ob!em. From:_,. (USAFLS) [malt Sent: Sat 6/28/2008 11:31 AM To: Jac er Cc: (USAFLS); Su . Re: Notice of Non-Compliance Dear Jack: you from agreeing to a consecutive six- I have conferred with a state court practitioner who stated that that is nothing that prohibits followed by one year of community control as specified in the non-prosecution agreement. month sentence of incarceration word "imprisoned" following the words If you elect to proceed with the plea agreement as currently drafted, we ask that you insert the "six months" in the second sentencing paragraph. Please confirm that this change is acceptable. Thank you. -- Original Message -- From: IMIE, (USAFLS) Sent: Fri 6/27/2008 5:45 PM To: Jack , Roy BLACK Cc: (USAF1S) Subject: Notice of Non-Compliance Dear Messrs. Goldberger and Black: Please see the attached Notification Letter. <<080627 Goldberger Black notification Itr.pdf>> US_Atty_Cor_0031 6 EFTA00235642 MIS Assistant U.S. Attorney West Palm Beach, FL 33401 • 2 US_Atty_Cor_00317 EFTA00235643 Jack Goldberger (UAFLS) rily '..nel l.08 S:31 AM 11 Sent: To: Cc: (USARS); Rfilack©RoyEllackoorn Subject a o ce on-Compliance Dear Jack: r who stated that there is nothing that I have conferred with a state court practitione by six-month sentence of incarceration followed prohibits you from agreeing to a consecutive osecu tion agreem ent. in the non-pr one year of community control as specified ent as currently drafted, we ask that you insert If you elect to proceed with the plea agreem the words "six months' in the second sentencing paragraph. the word "imprisoned" following Thank you. Please confirm that this change is acceptable. ,-, ,3 !WOOS 5:45HA From: Sent: To: Jack Goldber er; Roy BLACK (USAFLS) Cc: (USAFLS) Subject: Notice of Non-Compliance Dear Messrs. Goldberger and Black: Please see the attached Notification Letter. «080627 Goldberger Black notification ltr.pdf» Assistant U.S. Attorney US_Atty_Cor_00318 EFTA00235644 PLEA IN THE CIRCUIT COURT THE FOLLOWING IS TO REFLE CT ALL TERMS OF THE NEGOTIATED SETTLEMENT • Name: Jeffrey E. Epstein Plea: Guilty Count Lesser Decree Case No. Charge 1 No 3 FEL 06CF009454AMB Felony Solicitation of Prostitution No 2 FEL 08CF009381AMB Procuring Person Under 18 for Prosthution 1 PSI: Waived:Not Required X Required/Requested ADJUDICATION: Adjudicate (x I SENTENCE: in the Palm Beach Cotinty On 06CF000454AMB, the Defendant is sentenced to 12 months . Detention Facility, with credit for I (one) day time served Community Control 1 (one). As On 08CF009381AMS, the Defendant is sentenced to 18 months ant must serve the lista a special condition of this Comm unity Contro l, the Defend for 1 (one) day time months hi the Palm Beach County Detention Facility, with credit sentence in ce Is to be served consec utive to the 12 month served. This senten attache d hereto and 08CF009454AMB. The conditions of commu nity control are incorpo rated herein. OTHER COMMENTS OR CONDITIONS,: Cost of Prosecution: $50.00 Drug Trust Fund: $50.00 Court Cost& $47400 ant Isle have no unsupervised Me special condition of his community control, the Defend ed by the Department of contact with minors , and the superv ising adult must be approv Corrections. nt to Florida Statute 943.0435 and The Defendant is designated as a Swami Offender pursua , a copy of which Is attached must abide by el the corresporang require ments of the statute hereto and incorpo rated herein. time of this plea. The Defendant must provide a DNA sample In court at the Attorney for the Defendant Assistant State Attorney Defendant Date of Plea US_Atty_Cor_00319 EFTA00235645 G PLEA IN TM CIRCUIT COURT T THE FOLLOVONG IS TO REFLE CT ALL TERMS OF THE NEGOTIATED SETTLEMEN Name: Jeffrey E. Eythteln Plea: Gully Calla Qmitloinipr Otenta citeeit i No 3 FEL D0CFN0NS4AMB Felony sotioltation of Prostitution No 2 FEL DaCF31333IAMEI Procuring Person Under 13 tar Prostthaton 1 Mr: Ytialysthefot Required , RequirecIffiequeVed U9CAIELM: ap,41_ Mthaste tx 'SENTENCE: Palm Be ass County On 06CseethMatv13,. the CeiandarrlIsserrisneeci to 12 months in the Detention Faray, with crea for (one) day dme serest Palm Roach County On 08CF00SINHAMB, the Delandent la sentenced to 6 rntm hdhr rho , %eel veritie s i (one) he day' served. This 6 Month sentence to t Detention Feat Following this 6 served cansawiHe to the 12 month sentence in O3CF0094644ME3. rolty Control I (one). month swamp's, the Defendant va3 be yawed on 12 months Ccranit ondtriornptheted herein. The =Widens ci community =hot are attached hereto OTHER COMMA-ES OR cared DOHS: 32, tho pet antis to have no unsuporetcd As a veva] concert of his community control, d by the Department of contnot with inMors, and the super/help adult must te mowe CorXcifons. 4 nt to fqoilott Statute MAIM and The Defendant to deggiabed as a Sexual °Mender Frost:a , a copy ofrinth et ettaithed Must akin by all the corresponding mquim rncnls of the stntulat hereto and incorporated herein. The Verandard must provide a DNAsant* in court at the time of latheDefanclant rp iill. GI; len43r4t US_Atty_Cor_00320 EFTA00235646 Jack Goldberger From: Sent: To: Subject: On Jun 30, 2008, at 5:16 PM, la Mal XUSAFLS1)" wrote: Jack: The FBI has received several calls regarding the Non-Prosecution Agreement. I do not know whether the title of the document was disclosed when the Agreement was filed under seal, but the FBI and our office are declining comment if asked. Assistant U.S. Attorney • West Palm Beach, FL 33401 1 US_Atty_Cor_00321 EFTA00235647 U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave.. Suite 400 West Palm Heath. FL 33401 (561)820-8711 Facsimile: (561) 8204777 June 30, 2008 NOTIFICATION OF IDENTIFIED VICTIMS NOTICE: IN ACCORDANCE WITH TITLE 18, UNITED STATES CODE, SECTION 3509(d) AND FLORIDA LAW, THE ATTACHED DOCUMENT IS TO BE TREATED AS CONFIDENTIAL AND SHALL NOT BE DISCLOSED EXCEPT IN CONNECTION WITH A LEGAL PROCEEDING. US_Atty_Cor_00322 EFTA00235648 U.S. Department of Justice United States Attorney Southern District ofFlorida 500 South Australian Ave., Suite 400 West Palm Beach, FL 3340! (56!) 8204711 Facsimile: (560 820.8777 . June 30, 2008 NOTIFICATION OF IDENTIFIED VICTIMS On June 30, 2008, Jeffrey Epstein (hereinafter referred to as "Epstein) entered a plea of guilty to violations of Florida Statutes Sections 796.07 (felony solicitation of prostitution) and 796.03 (procurement of minors to engage in prostitution), in the 15th Judicial Circuit in and for Palm Beach County (Case Nos. 2006-cf-009454AXXXMB and 2008-cf- 009381AXXXMB) and was sentenced to a term of twelve months' imprisonment to be followed by eighteen months' of Community Control 1, the first six months of which must be served imprisoned at the Palm Beach County Detention Facility. In light of the entry of the guilty plea and sentence, the United States has agreed to defer federal prosecution in favor of this state plea and sentence, subject to certain conditions. One such condition to which Epstein has agreed is the following: "Any person, who while a minor, was a victim of a violation of an offense enumerated in Title 18, United States Code, Section 2255, will have the same rights to proceed under Section 2255 as she would have had, if Mr. Epstein had been tried federally and convicted of an enumerated offense. For purposes of implementing this paragraph, the United States shall provide Mr. Epstein's attorneys with a list of individuals whom it was prepared to name in an Indictment as victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this provision, including any authority determining which evidentiary burdens if any a plaintiff must meet, shall consider that it is the intent of the parties to place these identified victims in the same position as they would have been had Mr. Epstein been convicted at trial. No more; no less." Initials of Jeffrey Epstein Initials of Jack Goldberger US_Atty_Cor_00323 EFTA00235649 NOTIFICATION OF IDENTIFIED VICTIMS JUNE 30, 2008 PAGE 2 OF 3 Through this letter, this Office hereby provides Notice that the individuals identified below are individuals whom the United States was prepared to name as a victim of an enumerated offense. Identified Individuals ot R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Dated: By: VILLAFARA ASSISTANT U.S. ATTORNEY ACKNOWLEDGMENT 1 have received this Notification from my attorney, Jack Goldberger, Esquire, have read it and discussed it with my attorney, and I hereby acknowledge that it accurately sets forth my understanding and agreement with the Office of the United States Attorney for the Southern District of Florida regarding the notification and rights of identified victims. I Initials of Jeffrey Epstein Initials of Jack Goldberger US_Atty_Cor_00324 EFTA00235650 NOTIFICATION OF IDENTIFIED VICTIMS JUNE 30.2008 PAGE 3 OF 3 understand that an exact copy of this Notification will be provided to each identified I individual, except that the names of all other identified individuals will be redacted, and even hereby waive any evidentiary challenges to the introduction of a copy of this document- lin redacted form—inI iany judiciat proceeding bettien any identified individualid myself. t I i 4 i 4i 4 i 4 4 iDated: i i • tt I Jekey Epsteinl. 1 I t i i 4 1 4 i ti r_____ I i Witt essed by: t i i I i Jack Goldberge Esquire 4 II I 0 I I US_Atty_Cor_00325 EFTA00235651 laprqs.410.-uBskistegt• . ir • cm1400isozoti: .c- 014. breerothyoffilfri; trc'n"01 'Grafi to kits ".2k1 OSP N •0 • • ,A) - 40;g64 4.11.10 $ 4;i : Pardo 011?5:' •/' tuk/14 lub*L,WatPul ' tho ti vuthipi*atcook'p •it • i tspozi t myoti,vontORovisetior“. jra= ticAum I trig km. ft ./NA kir.. Rat .10a-Mf-M • • .• • US_Atty_Cor_00326 EFTA00235652 ti 4• ' f• —•L , 1;•'; *:. age 2 ink ‘,. :ProI / Sex Off7 Drag ON Fr O.C. I C.C. 0:-14..L...t.9' 14:as titiofs:. ,T7r.„4.„ . •: O Ootttleo. vat . •• • ' • • • . . . • . GI Probation tdmsfernadth:. . 4** • • ... ' . ' • • • • . • . .. . . EIPEOMIt. CONCOIT'CMS: 1 . . . . . . .• 0 gornPlete,Otiginally OrSq34,00nrillioni ... -- • . ..• . • • • - , , • . • .0 (lurks/in • • ;p.m., with the-billowing (*.copilot'''. . ..• • . . .. • .. '• .. .• • to QS Deft: felted to•Prob., Dept. Immediatel y, tan release. i ' • f1 I. .etsial,. • sub**, &Vies, et: . 'Object ,Q. Deg. riskip have in care, custody; or confratany.tthlawful•O -to changes. • - .„: • .z 4 •:,:* fl Oak to immad)atetY fledn Prob. Officer If alace of residence . 0 Restitution CIV ed "• "rgiii - a fplYTO V, [MS Of . - - . , 4- • .- --- •:-4.-^," .,:Art #• • el qtal/ l ' ual'Eval. within /• by: • •• 4.-..v., •.. vornpitit criNtil. 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ReciNterear—.2.4:.A.., Cl Sofia Weepon / Moneyselzed at the time at airest to: . • • k' : .. . .14 treater and Complete:. • 0 Anger Management•Program • 0 Batterers Interv,entl ikilogram-: " • • tii, Theft Abatement Pm' rem: • •' ' ' :: 0 Dalai:Mare may entylorEa dy yerielneften a, anl' 7 , provided all ponds, are ealleflet . a Seism ., ' t days / monthht in. Gronatilt for - . -days tmOnths.• . .. . cri(dimet • . • e -- .--21 •• • • - . . ' .. . • • . , • • .• . ' . • . , • . ••. . .. . . .. . .• •. • • •• - • • •.• • . - . . . • .. • - - . • .. • , .. , . •• "wall nee mos SAS US_Atty_Cor_00327 EFTA00235653 Lt .4i."4,1„,korr rw_omY ofraR io co ut • . • • • . . ' • • . . . • • - -- - - - . • • • * — --' ' . I ...IT ft,* • 0 ?..it!t.e.g. .C.: tine, .. ' • . . ' .. • --- .. • . • --Pres et • • ID ct • •• • • - • as et Pam • . . • dote the .0.44' t fr. 1 Sated •C3. 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' - . :.. -4:,... :•:". : 4401-kcj PC.iUNDAMIYADMDIC,63FID - 19•MP & VRtlfa `.. . :Pat - - -• ..- •••• • ...•• ! - • • OPYWIMPSts T:1 4A4S !'>/ob /ICMmta Control: O +obi& Reinstat 3 *tea 0 onfally / an' I 54/Famd: (video° trait* Oft TIR084 at PrSf, r PBCT/ag c Cts: • PBC/. ' ' C.t5' ?o :W/Cleclit for I. •1 • / Caosec /Co-lbaa is/cari /WI aleortoriel • a Destiemanded afication of Sentence Stiored 7 Se:dna Setfteildfd \I This Youthful Off 0 Habinal Off- .O Mit /Mud. • potatriceircarospia_ovrapsyc O pasta a Nara • DRIVERS IICENSB To BE SUSPENDED/ REO,CIKIE FOR WA : :1")MB • Sat . /44/pda 3,01Rehat . . • Di.. ' . Ras : ' • at 4 Sat/ Remains Self !Mat .% :" Div • JUL_ a 0 .Deft alga Def Os O ASA , , liftman/an 0 'bob O.ld 0 DV • 0 Notified by a by: . . • . 0 County Cburechute • 0 Courtroom phobic Justice 131,fta..0 O Courttoom.-C Oct CoaRlex .2.05 N. Dixie, Welt Palm Beach 38844 sinelRoa4 80, Belle Gin f„ 3228. dun Club t Pactii,Beacis 442*.aammumantataasury tee ges:SCOMaNINeeto TOPA,411CWATE N TES ta. Ai NO COW: TOtiiulto niDtPitakalkiil bit "* PSMILVICIS FUME COKIICT MAMOXIXWINMDMWSWIMOTHX.WMUOTI". UMW0MM0UMWANUMPOMMA Alumrvautamasamatonavom INCPPTems mrpor.pbroyati o m vacs somato,eal,tren. tii Ares sit rinints• Etat 1 US_Atty_Cor_00328 EFTA00235654 U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Alvan Suits 400 I9at Palo Bradt Florida 334014233 May 14, 2007 VIA HAND DELIVERY Jack A. Goldberger, Esq. Atterbury, Goldberger & Weiss, P.A. One Clearlake Centre, Suite 1400 250 Australian Avenue South West Palm Beach, FL 33401-5015 Dear Mr. Goldberger: Thank you for your letter of May 19, 2007, and the documents attached thereto. I have enclosed another copy of the grand jury subpoenas that were provided to Bruce Lyons, former counsel for Hyperion and JEGE,. on April 25, 2007. The time for responding has passed, so please provide the requested documents as soon as possible. Please also have the Custodians of Records of the Corporati the BusinessRecords Certifications and Inventory Forms and return everything to Special Agent at the Federal Bureau of Investigation, 505 South Flagler Drive, Suite 500, West Palm Beach, FL 33401- 5933. Thank you for your assistance with this matter. Sincerely, R. ALEXANDER ACOSTA UNITED STATES ATTORNEY By: A. MARIE VILLAFAIAA Assistant United States Attorney Enclosures cc: Special Agent FBI UBBD5j US_Atty_Cor_00329 EFTA00235655 th United States District Court SOUTHERN DISTRICT OF FLORIDA TO: Custodian of Records SUBPOENA TO TESTIFY Hyperion Air, Inc. BEFORE GRAND JURY FOJ 07-103(WPB)-Tues./No. OLY-46 SUBPOENA FOR: E PERSON El DOCUMENTS OR OBJECT(S1 YOU ARE HEREBY COMMANDED to appear and testifybefore the Grand Jury oftheUnited StatesDistriet Court at the place, date and time specified below. PLACE: • ROOM: United States District Courthouse Grand Jury Room 701 Clematis Sweet West Palm Beath, Florida 33401. DATE AND TIME: May 8, 2007 1:00 pm* YOU ARE ALSO COMMANDED to bring with you the following document(s) or obit:Logs): and All income tax returns, balance sheets, regulatory filings, minutes of board of directors meetings, documents required by or Bled with the Internal Revenue Service and/or the State of Delaware referring or relating to the period of 111/2003 to 12/31/2005. For the period 1/1/2003 to the present, the names of all employees, copies of all W-2s for all employees, and the names of all corporate directors, board members, and shareholders. ?least coordinate your compliance with this subpoena and confirm the date and (yne aid location of your appearance with Special Agent Kuyrkendall, FedeTal Bureau of Investigation, Telephone: (561) 822-5946. This subpoena shall remain in effect until you are granted leave to depart by the court or by an officer acting onbehalf of the court. DATE: April 24, 2007 glY)DBPVIY CLERK This subpoena is issued upon application Address and Phone Number of Assistant U.S. Attorney of the States of America Assistant U.S. Attorney a urn reaate, Suite 400 WestPalmBeach, FL 33401.6235 Tel: (561) 820-8711 x3047 Fax: (561) 802-1787 'If noi applkable, amr 'owe." laIn asil beHit et A0110 FORM 0RD•217 en JAN46 US_Atty_Cor_00330 EFTA00235656 S U.S. Department of Justice United States Attorney Southern District of Florida Met Australian Art, Silts 400 WittPatinIra FL LI4014231 ($61)820-8111 APPEARANCE NOTICE The attached subpoena requires the production of the records specified to a Federal Grand Jury/Trial in the Southern District of Florida. • A new provision of the Federal Rules of Evidence provides that routine business records may be admitted at trial through the declaration of a custodian, if they are provided sufficiently in advance of trial to allow an opportunity for any challenges to their authenticity. Therefore, you may be able to avoid appearing personally at the grand Jury/trIal at the time and place specified by completely filling Out the attached Certification and Inventory and immediately returning it with the records to Special Agent Kuyrkendall, FBI at the following address: Federal Bureau of Investigation 505 South Flagler Drive, Ste. 500 West Palm Beach, Florida 33401.5923 EARLY VOLUNTARY TURNOVER' • Please note that we are requesting an early voluntary turnover of the materials subpoenaed, The early voluntary turnover date Is prior to Mav 8. 2007. Sincerely, R. ALEXANDER ACOSTA UNITED STATES ATTORNEY BY: AS ITED STATES ATTORNEY 06607 US_Atty_Cor_00331 EFTA00235657 R. CERTIFICATION OF BUSINESS RECORDS I, the undersigned, , declare that I am: employed by/associated with in the position of • and by reason of my position am authorized and qualified to make this declaration. In my employment with the above-named banklcompany I am familiar with the business records it maintains. The above-named bank/company maintains records of its business whIcih are: 1. madd at or near the time of the occurrence of the matters set forth therein, by, or from Information transmitted by, reperson with knowledge of those matters; 2. kept In the course of regularly conducted business activity; and 3. made by the regularly conducted activity as a regular practice. Among the records so maintained are the attached records Itemized In Appendix A, Inventory of Documents. I declare under penalty of perjury that the foregoing Is true and correct. Date of execution: Place of execution: Signature: 08608; US_Atty_Cor_00332 EFTA00235658 APPENDIX A DOCUMENT INVENTORY The documents submitted are as follows: Signature of Records Custodian: 06609 US_Atty_Cor_00333 EFTA00235659 United States District Court SOUTHERN.DISTRICT OF FLORIDA TO: Custodian of Records JEOE, Inc. SUBPOENA TO TESTIFY BEFORE GRAND JURY Fes O7-103(WPB)-Tues /No. OLY-47 SUBPOENA FOR: •••••••• •• E PERSON X DOCUMENTS OR OrldECI[S] YOUARE HEREBY COMMANDED to appear and testifybefore the Grand Jury of theOnited States District . Court at the place, date and time specified below. PLACE: ROOM: United States District Courthouse Grand Jury Room 701 Clematis Street West Palm Beach, Florida 33401 DATE AND TIME: May 8, 2007 1:00 pm* YOU Ala ALSO COMMANDED to bring with you the following documents) or object(s): All income tax returns, balance sheets, regulatory filings, minutes of board of directors meetings, and documents required by or filed with the Internal Revenue Service and/or the State of Delaware referring or relating to the period of 1/1/2003 to 12/31/2005. For the period 1/1/2003 to the present, the names of all employees, copies of all W-2s for all employees, and the names of all corporate directors, board members, and shareholders. *Please coordinate your compliance d confirm the date and time , and location of your appearance with Special Agent Federal Bureau of Investigation, Telephone: (561) 822-5946. This subpoena shall remain in effect until you arc granted leave to depart by the court or by an officer acting Co behalf of the court. CLERK DATE: ISN0DIFUTY CUM April 24, 2007 This subpoena is issued upon application of the United Stites of miirs and Phore'Numbet of Assistant US. Attorney Villataiia, Assistant U.S. Attorney S00 So. Australian Avenue, Suite 400 West Palm Beech, FL 33401-6235 Tel: (561)820-8711 x3047 Fax (561) 802-1787 If not spplleable, <ma nese Takesedhllge•CA0110 FORM ORD•227 JAMS6 OBE US_Atty_Cor_00334 EFTA00235660 U.S. Department of Justice United States Attorney Southern District of Florida SOD& Amitniltaw Ave, Sulfa 400 Were Pala Duct 3$801401 (561)820-8711 APPEARANCE NOTICE The attached subpoena requires the production of the records specified to a Federal Grand Jury/Trial in the Southern District of Florida. A new provision of the Federal Rules of Science provides that routine business records may be admitted at trial through the declaration of a custodian, if they are provided sufficiently In advance of trial to allow an opportunity for any challenges to their authenticity. Therefore, you may be able to avoid appearing personally at the grand Jury/trlal at the time and place specified by completely filling out the attached Carlo. and immediately returning it with the records to Special Agent FBI at the following address: Federal Bureau of Investigation 505 South Flagler Drive, Ste. 500 West Palm Beach, Florida 33401.5923 EARLYMOLUNTARY TURNOVER Please note that we are requesting an early voluntary turnover of the materials subpoenaed. The early voluntary turnover date is prior to May S. 2007. Sinderely, FL ALEXANDER ACOSTA UNITED STATES ATTORNEY BY: ASSISTANT UNITED STATES ATTORNEY US_Atty_Cor_00335 EFTA00235661 CERTIFICATION OF BUSINESS RECORDS I, the undersigned, , declare that I am: employed by/associated with In the position of and by reason of my position am authorized and qualified to make this declaration. In my employment with the above-named bank/company I am familiar with the business records it maintains. The above-named bank/company maintains records of its business which are: 1. made at or near the time of the occurrence of the matters set forth therein, by, or from Information transmitted by, a person with knowledge of those matters; 2. kept In the course of regularly conducted business activity; and 3. made by the regularly conducted activity as a regular practice. Among the records so maintained are the attached records itemized in Appendix A, Inventory of Documents. I declare under penalty of perjury that the foregoing is true and correct. Date of execution: Place of execution: Signature: 0B612 US_Atty_Cor_00336 EFTA00235662 ' I ' APPENDIX A DOCUMENT INVENTORY The documents submitted are as follows: Signature of Records Custodian: OB613 US_Atty_Cor_00337 EFTA00235663 • •.• ••• • ••• UD/lb/ZUU( LO:DI LAX 0010V4A/01 •J••••.•••• U.S. Department of Justice United States Attorney Southern District of Florida 500 South Ataraltan Ava,Sutte 400 West Palm Beach, FL 33401 O61)820-87)1 Facardis: (561) 820-8777 May 15, 2007 VIA mcsua Jack A. Goldberger, Esq. Attcrbury, Goldberger & Weiss, P A. Ono Clearlakc Centre, Suite 1400 250 Australian Ave S. West Palm Beach, FL 33401-5015 Re: Subpoenas SIEGE. Inc. and Hyperion Air, Inc. Dear Mr. Goldberger: sed, the deadlines for complying It was a pleasure speaking with you today. As we discus been extended to May 29, 2007. If with the subpoenas to MOE, Inc. and Hyperion Air, Inc. have ask the Custodian. of Records to there arc any categories for which no documents exist, please provide a certificate of nonexistence of records. Lilly IIISanchez addressing Also, following our conversation I mceived a voicemail from that you represent SEGE and Hyperion, the subpoenas. Since you have provided a written statement otherwise. With that in mind, I will assume that you alone save as their counsel unless you toll mo to these subpoenas with other pursuant to Rule 6(e), I do not intend to discuss matters related attorneys, . Thank you again for your assistance. Sincerely, R. Alexander Acosta By: Assistant United States Attorney CC: US_Atty_Cor_ 00338 EFTA00235664 U.S. Department of Justice United States Attorney Southern District of Florida 300 JoinhAurrraltwbowsue. Slaw 400 West Palm Beach, Plorlda S3401-6235 tel: O61) 810.8711 Par (501) 8104777 • June, 2007 Jack Alan Goldberger, Esq. Attcrbury Goldberger et al 250 South Australian Ave. Suite 1400 West Palm Beach, FL 334015-5015 Re: Subpoenas to 513GE, Inc, and Hyperion Air, Inc. Dear Mr. Goldberger: Thank you for your response to the subpoenas issued to TEGE, TAO. and Hyperion Air, Inc. In the responses from each company, thcM are no lists of the corporate directors, board members, and shareholders (with the exception of the WOE IRS Form 2553 and Hyperion Sham Certificate). Please ask the Custodian of Records to provide a list of all corporate directors, board members, and shareholders from January 1, 2003 to the present. Please also ask the Custodian of Records to confirm that them are no records of any board of directors meetings that occurred between January 1, 2003 and December 31, 2005. Thank you again for your assistance. Sincerely, R. ALEXANDER ACOSTA UNITED STATES ATTORNEY By IIIMIVILLAFARA Assistant nited States Attorney US_Atty_Cor_00339 EFTA00235665 Jack Goldberger From: Sent: To: Subject: aliaggsaa si Read carefully the Si suspension portion of the non pros agreement. It says upon signing the non pros agreement and A PLEA AGREEMENT with SAO all pending GJ subpoenas will be held In abeyance. Doesn't that imply that when we sign plea agreement with state this week the new al subpoenas that are out now go into abeyance status also From: VIllafana, EIMIS (USAFLS) Sent: Tuesday, June 24, 2008 4:16 PM Cc■ To: • Goldberger (USAFLS) Subj :Jeffrey Epstein Agreement Dear Roy and Jack: I am just writing to re-state that it is the Government's position that we have a signed, binding agreement and that there is no need for further modification. Please keep us informed of the date and time of the change of plea and sentencing. Thank you. Assistant U.S. Attorney West Palm Beach, FL 33401 US_Atty_Cor_00340 EFTA00235666 LN. v..≥ane 3:35PM ()SRO wPB ft •••••••••• • U.S. Department of Justice UnitedStates Attorney Southern District of Florida 500 South Australian Aw.. Suite 400 Wens Patin Reach FL 33401 ($61) 8204711 Facsimile: (561)820-8777 Juno 27, 2008 VLIt Map= Jack A. Goldberger, Esq. Atterbury, Goldberger & Weiss, P.A. One Clearlake Centre, Suite 1400 250 Australian Ave S. West Palm Beach, FL 33401-5015 Roy Black, Esq, Black Srebniok Kornepan & Stumpf PA. 201 S. Biscayne Blvd, Suite 1300 Miami, FL 33131 Re: Itiftethildeb Dear Mean. Goldberger and Black: I write to follow up on my e-mail correspondence of June 24 and June 26, and my message this morning. As of 3:15 p.m., Friday, June 27, 2008, the Office still has not received a copy of a proposed plea agreement between Mr. Epstein and the State Attorney's Office; nor has the Office received notice of a date and time for a change of plea. As you know, the Non-Prosecution Agreement between Mr. Epstein and the Office called for Mr. Epstein to plead, be sentenced, and begin serving his sentence not lea than January 4, 2008—almost six months ago. The Office has continued that deadline to allow Mr, Epstein to raise various issues with the Department ofJustioe. but repeatedly advised that, once those appeals were completed, Mr. Epstein would need to perform the tents of the agreement within a short window thereafter. Now that those appeals have been exhausted, we promptly brimmed counsel for Mr. Epstein tbat he must enter his plea, be sentenced, and begin serving his sentence by 5:00 on Monthly, lime 30, 2008, This week I have sent two e-mails and left a message with Mr. Black's receptionist asking for the date and time of the change of plea and for a copy of the proposed plea agreement between Mr. Epstein and the State Attorney's Office in accordance with the terms of the Non-Prosecution Agreement I have received no response to any of those requests. US_Atty_Cor_00341 EFTA00235667 JUN.27.2026 3:39M1 ISO UPS FL NO.324 P.3 JACK GOLDBERGER, ESQ. ROY SLAM SEQ. Ain 27, 2008 PAGE 2 op 2 I have received correspondence from counsel for a witness asking to cancel or continue the witness's appearance because he "under:tangs] that then, has been a recent development with respect to Mr. Bpstein in that he intends to plead guilty in Florida state court on Monday pursuant to a deferred prosecution agreement with your office that has already been executed" and that he has "learned from Mr. Epstein's attorney that the plea is scheduled to take place on Monday morning." I also understand that there is an entry on Judge McSorley's docket that a hearing is scheduled for 8:30 a.m. on Monday. Both parties have agreed that it is a material term of the Won-Prosecution Agreement that the United States shall have the right to review the terms of any agreements between Epstein and the State Attorney's Office prior to entering into those agreements. If, indeed, the change of plea is set for 8:30 Monday morning, the agreement with the State Attorney's Office must be provided to the Office by 4:30 today to allow adequate time to review and comment Failure to provide this opportunity shall be deemed a breach of the Agreement. Accordingly,' again ask that you provide me with a copy of the Plea Agreement with the State Attorney's Office and notification of the date and time of the change of plea. Thank you. Sincerely, It Alexander Acosta un}ty,gtajea Attggrey By: A. Marie Villafana Assistant United States Attorney cc: Karen Atkinson, AliSA US_Atty_Cor_00342 EFTA00235668 SISSPM USA° WPB FL NO.329 P.2 JUN.27.200B Department of Justice United Staus Attorney Southern District of Florida 500 South Augrallan Avt, Suits 400 Wart Paler back FL 33401 (561) 820-8711 ' loadmilt (161)820-8777 Juno 27, 2008 VIkFACStMJLE AND EI BOTRONIC MA tt . Jack A. Goldberger, Esq. Atterbttry, Goldberger & Weiss, P.A. One aearlake Centre, Suite 1400 250 Australian Ave S. West Palm Beach, FL 33401-5015 Roy Black, Esq. Black Srebniok Komspan & Stumpf P.A. 201 S. Biscayne Blvd, Suite 1300 Miami, Pl. 33131 JaHey Epstein Dear Messrs. Goldberger and Black: Thank you for providing me with the proposed plea agreement between Mr. Epstein and the State Attorney's Office. The US. Attorney's Office hereby provides Notice that the proposed sentencing provision does ekt comply with the terms of the Non-Prosecutioa Agreement. The second sentencing paragraph of the proposed plea agreement reeds: On 08CF00938IAMB, the Defendant issentenced to 18 months commun fry Central I (met As 4 special condition of this Community Control the Defendant must serve the first 6 months In the Palm Beach County Detention Facility . The Non-Prosecution Agreement specifically provides: 'Epstein shall be sentenced to consecutive terms of twelve (12) months and eh (6) months In county Mil for oil charge*, . without orobation or communitysorthol iB IISLAfittlttlitnEM4111. Thus, the proposed plea agreement with the State Attorney's Office does not comply with the terms of the Non-Proseeution Agreement To comply with the Agreement, Mr. Epstein must make a binding recommendation of eighteen months imprisonment, which means confinement twenty-four US_Atty_Cor_00343 EFTA00235669 NU. de:i RM. 27. 22)08 : 55Pri uSiO0 WPB FL JACK GOLDBERGSR, ESQ, ROY BLACK, ESQ. JUNE 27, 2008 PAos2 Of 2 hews a day at the County Jail, and thejudge must acceptthatrecommendation. Community control must follow that term of Incarceration. Secondly, wo have not been provided with a oopy of the Information filed In case number OSCF009381AME. I want to confirm that Mr. Epstein is being charged withthe substantive offense of procuring minors to engage in prostitution, not attempted procurement. Accordingly, please provide mc with a copy of the Information at your earliest opportuni wi I be available via e-mail throughout the weekend or you may reach me on my coil phone at Thank you. Sincerely, IL Alexander Acosta United States Attorney By: -. aktr-Aatiiig#O gi Villafafia tant United States Attorney cc: Karon Atkinson. AURA US_Atty_Cor_00344 EFTA00235670 Jack Goldberger From: Sent: To: Cc: Subject: From: . (USAFLS) Sent: Fri 6/27/2008 5:45 PM To: Jac I e r; Roy BLACK Cc: (USAFLS) Subject Notice of Non-Compliance Dear Messrs. Goldberger and Black: Please see the attached Notification Letter. • «080627 Goldberger Black notification Itr.pctf» Assistant U.S. Attorney West Palm Beach, FL 33401 US_Atty_Cor_00345 EFTA00235671 Jack Goldberger From: Sent: To: Subject: not a problem. From: M, IIIM. (USAFLS) [ Tilustrko).gov) Sent: Sat 6/28/20G8 11:31 AM To: Ilia c - I r Cc: REftack@RoyElladtcom Sub ct: Re: Notice of Non-Compliance Dear Jack: I have conferred with a state court practitioner who stated that there is nothing that prohibits you from agreeing to a consecutive six- month sentence of incarceration followed by one year of community control as specified in the non-prosecution agreement. If you elect to proceed with the plea agreement as currently drafted, we ask that you insert the word "imprisoned" following the words "six months" in the second sentencing paragraph. Please confirm that this change is acceptable. Thank you. It --- Original Message -- air From. M. (USAFLS) ustoitoyl Sent: Fri 627/2008 5:45 PM To; ac G Id r ; Roy BLACK Cc: (USAFLS) Subject: Notice of Non-Compliance Dear Messrs. Goldberger and Black: Please see the attached Notification Letter. <<080627 Goldberger Black notification ltr.pdfx.> US_Atty_Cor_00346 EFTA00235672 Mile Villefaan Assistant U.S. Attorney West Palm Beach, FL 33401• MIME 2 US_Atty_Cor_00347 EFTA00235673 Jack Goldberger C) From: Sent To: Subject: On Jun 30, 2008, at 5:16 PM, ' wrote: \aismtsvi Jack: The FBI has received several calls regarding the Non-Prosecution Agreement. I do not know whether the title of the document was disclosed when the Agreement was filed under seal, but the FBI and our office are declining comment if asked. Assistant U.S. Attorney • West Palm Beach, FL 33401 1 US_Atty_Cor_00348 EFTA00235674 / 1 4 U.S. Department ofJustice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beath, FL 33401 (561)810-8711 Facsimile: (561) 820-8777 June 30, 2008 NOTIFICATION OF IDENTIFIED VICTIMS NOTICE: IN ACCORDANCE WITH TITLE 18, UNITED STATES CODE, SECTION 3509(d) AND FLORIDA LAW, THE ATTACHED DOCUMENT IS TO BE TREATED AS CONFIDENTIAL AND SHALL NOT BE DISCLOSED EXCEPT IN CONNECTION WITH A LEGAL PROCEEDING. US_Atty_Cor_00349 EFTA00235675 z U.S. Department of Justice United States Attorney Southern District ofFlorida 500 Sous* Australian AS*, Sa41. 400 West Pah back Plod& 334014131 May 14, 2007 VIA HAND DELIVERY Jack A. Goldberger, Esq. Atterbury, Goldberger &.Weiss, P.A. One Clearlake Centre, Suite 1400 250 Australian Avenue South West Palm Beach, FL 33401-5015 Dear Mr. Goldberger: Thank you for your letter of May 19, 2007, and the documents attached thento. I have enclosed another copy of the grand jury subpoenas that were provided to Bruce Lyons, former counsel for Hyperion and JEGE,. on April 25, 2007. The time for responding has passed, so please provide the requested documents as soon as possible. Please also have the Custodians of Records of the Corporations com lete the Business Records Certifications and InventoryForma andretum everything to Special Agent at the Federal Bureau of Investigation, 505 South Flagler Drive, Suite 500, West Palm Beach, FL 33401- %53. Thank you for your assistance with this matter. Sincerely, • R. ALEXANDER ACOSTA UNITED STATES ATTORNEY By. Assistant 'United States Attorney Enclosures cc: Special Agent FBI OBBD5i US_Atty_Cor_00350 EFTA00235676 United State s District Court DISTRICT OF FLORIDA SOW-MIRY TO: Custodian of Records SUBPOENA TO TESTIFY Hyperion Air, Inc. BEFORE GRAND JURY -46 FQJ 07-103(WPB)-Tues./No. OLY E SUBPOENA FOR: PERSON ri DOCUMENTS OR OBJECT(Si StatesDistrict D to appear andt estifybefore the Grand Jury of the United YOIY ARE HEREBY COMMANDE specified below. Court at the place, date and time ROOM: PLACE: Grand Jury Room United States District Courthouse 701 Clematis Street DATE AND TIME: West Beim Beach, Florida 33401 May 8, 2007 1:00 pm* you the following document (&) or object(s): bring with YOU ARE ALSO COMMANDED to board of directors meetings, and retur ns, bala nce sheets, regulatory filings, minutes of All Inco me tax or the State of Delaware the Internal Revenue Service and/ documents required by or filed with of 1/112003 to 12/31/2005. referringor relating to the period s of all W-2s for all employees, ent, the names of all employees, copie For the period 111/2003 to the pres . tors, board members, and shareholders and the names of all corporate direc of d confirm the date and time , and location *Pleas/ coordinate your compliance , Federal Bure au of Inve stiga tion, Tele phon e: t your appearance with Special Agen (561) 822.5946. • t or by an officer acting oena shall rema in in effec t until you are granted leave to depart by the cour This subp on behalf of the court. DATE April 24, 2007 Pi DEPUTY CLERK orantyU.S. Attorney Asist MilasianeNnmber uo.sfAs Its subpoena is issued upon application of the States of a1/41110fial 500 So. Australian Avenue, Suits 400 West PalmBead,Ft 334014235 7 Tel: (561) 5204711 x304 Pam (561) 802-1787 FORM ORD-22/ Tokiediiiief AM* 104.$6 nine spestate error OBBOG • US_Atty_Cor_ 00351 EFTA00235677 U.S. Department of Justice United States Attorney SouthernDistrict ofFlorida llsigg n ta i bi ingt 061)8208711 APPEARANCE NOTICE records specified to a Federal The attached subpoena requires the production of the Grand Jury/Trial In the Southern District of Florid a. provides that routine business A new provision of the Federal Rules of Evidence of a custodian, if they are provided records may be admitted at Mai through the declaration opportunity for any challenges to their sufficiently in advance of trial to allow an ring personally at the grand authenticity. Therefore, you may be able to avoid appea filling out the attached Certification juryltdal at the time and place specified by completely ial Agent and immediately returning It with the records to Spec FBI at the following address: Federal Bureau of Investigation 506 South Flagler Drive, Ste. 500 West Palm Beach, Florida 33401-5923 EARLY VOLUNTARY TURNOVER,. ary turnover of the materials Please note that we are requesting an early volunt Is prior to May 8. 2007. subpoenaed. The early voluntary turnover date Sincerely, R. ALEXANDER ACOSTA UNITED STATES ATTORNEY BY: TATES ATTORNEY 06607! US_Atty_Cor_00352 EFTA00235678 N. K. CERTIFICATION OF BUSINESS RECORDS , declare that I am: I, the undersigned, in the employed by/associated with and by reason of my position of ation. position am authorized and qualified to make this declar I am familiar with the In my employment with the above-named bank/company bank/company maintains records of its business records it maintains. The above-named business which are: matters set forth therein, by, 1. made at or near the time of the occurrence of the of those matters; or from Information transmitted by. a person with knowledge activity; and 2. kept in the course of regularly conducted business practice. 3. made by the regularly conducted activity as a regular s itemized in Appendix A, Among the records so maintained are the attached record Inventory of Documents. and correct. I declare under penalty of perjury that the foregoing is true Date of execution: • Place of execution: Signature: US_Atty_Cor_00353 EFTA00235679 APPENDIX A DOCUMENT INVENTORY The documents submitted are as follows: Signature of Records Custodian: OBB09; US_Atty_Cor_00354 EFTA00235680 mmr•m• z. United States District Court SOUTHERN DISTRICT OF FLORIDA TO: Custodian ofRecords SUBPOENA TO TESTIFY JEGE, Inc. BEFORE GRAND JURY Fel 07-103(WPB)-Tues./No. OLY-47 SUBPOENA FOR: O PERSON E DOCUMENTS OR OBJECT[S] YOUARE HEREBY COMMANDED to appear andtestifybefore theGrand Jury of theUnited States District Court at the place, date and time specified below. FLACK: ROOM • United States District Courthouse Grand Jury Roan 701 Clematis Street West Palm Beach, Florida 33401 DATE AND TIME: May 8, 2007 1:00 pm* YOU ARE ALSO COMMANDED to bring with you the following document(s) or object(s): All income tax return, balance sheets, regulatory filings, minutes of board of directors meetings, and (;) documents required by or filed with the Internal Revenue Service and/or the State of Delaware referring or rotating to the period of 1/1/2003 to 12/31/2005. For the period 1/1/2003 to the present, the names of all employees, copies of all W-2s for all employees, and the names of all corporate directors, board members, and shareholders. *Please coordinate your compliance wit c ulymena and confirm the date and time, and location of your appearance with Special Agent Federal Bureau of Investigation, Telephone: (561) 8224946. This subpoena shall ranain in effect until you are granted leave to depart by the taint or by an °Mom acting on behalf of the court. • (BY)DEPLITYCIIPX This subpoena is issued upon application Ne and Three Nambet of Assistant 118. Attorney of the United States of Anarloa Ann C. Metal% Agenda U.S. Attorney 500 or. Wisp Avenae, State 400 Wed Palm Brach, PI. 33401-6235 Oa_ Td: (561) 820-8711 x3047 Far (561) 802-1717 temlamM*le,mt"nme TolawnillnionOM RAMORD427 MX16 OEM US_Atty_Cor_00355 EFTA00235681 • • l• U.S. Department of Justice ihTiled States Attorney Southern District of Florida SOO S Australia Ave,. State 400 Wan Pals Bead FL 334014235 O41)8204M APPEARANCE NOTICE The attached subpoena requires the production of the records specified to a Federal Grand Juryarial in the Southern District of Florida. A new provision of the Federal Rules of Evidence provides that routine business records may be admitted at trial through thadeclaration of a custodian, if they are provided sufficiently In advance of trial to allow an opportunity for any challenges to their authenticity. Therefore, you may be able to avoid appearing personally at the grand jury/trial at the time and place specified by completely filling out the attached Ce and immediately returning it with the records to Special Agent 111. , FBI at the following address: Federal Bureau of Investigation 505 South Nagler Drive, Ste. 500 West Palm Beach, Florida 33401-5923 &Nilo, VOLUNTARY TURNOVER Please note that we are requesting an early voluntary turnover of the materials subpoenaed. The early voluntary turnover date is prior to May 8. 2007. Sincerely. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY BY. 06611 US_Atty_Cor_00356 EFTA00235682 • •t CERTIFICATION OF BUSINESS RECORDS I, the undersigned, , declare that I am: employed bylassoclated with In the position of and by reason of my position am authorized and quailed to make this declaration. In my employment with the above-named bank/company I am familiar with the business records it maintains. The above-named bank/company maintains records of its business which are: 1. made at or near the time of the occurrence of the matters set forth therein, by, or from information transmitted by, a person with knowledge of those matters; 2. kept in the course of regularly conducted business activity; and 3. made by the regularly conducted activity as a regular practice. Among the records so maintained are the attached records itemized in Appendix A, Inventory of Documents. I declare under penalty of perjury that the foregoing is true and correct Date of execution: Place of execution: Signature: OGGI2 US_Atty_Cor_00357 EFTA00235683 •••••=0 • aleS APPENDIX A DOCUMENT INVENTORY The documents submitted are as follows: Signature of Records Custodian: 1 /4 06613 US_Atty_Cor_00358 EFTA00235684 "VI!latrine, Ann To "Jay Lefkowrte CLeficowitz@kirktand.corn> Marie C. cc WSAFIS\)" bcc elantatedol.go Subject RE: Other attorneys v> 09/26/2007 11:01 AM 1 this morning? I Hi Jay — Can you give me a call at 561209-102 give them their marching am meeting with the agents and want to . orders regarding what they can tell the girls the list There is too Also, please remove Babbitt and Searcy from impropr iety with Babbitt and I great a chance of an appearance of t. received a bad report about Searcy last nigh Thank you. A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 US_Atty_Cor_ 00359 EFTA00235685