EFTA00296592

. EFTA00296592 To "Jay Lefkowite <JLefkowitz@kirkland.cm cc bcc 09/23/2007 08:37PM Subject RE: rWO IPolA4v. Fi 41- S4 ‘11S- ALL-22k4 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 best interests, that is their decision, not mine. I would not be making the motion for appointment of the guardian under 17(c) anyway. **************************************4k********&:**** ***** 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. EFTA00296593 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 postmasterekikkland.com, and destroy this communication and all copies thereof, including all attachments. ** ******* * ****** ********** ***** *********************** ***** 7". EFTA00296594 EFTA00296595 To "Jay Lentowlle Ma> 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>> ccc Attachment '070923 Epstein Non-Prosecution Agreement final v2.codf has been archived by user 'Ciommon$tore/lT/Kirkland-Ellis' on '11/26/2007 01:20:24'. >» EFTA00296596 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(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 Page 1 of 6 EFTA00296597 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, 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 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 7" 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 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 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 EFTA00296598 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 Flori da 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 EFTA00296599 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 cr t t • o- ira ' • ding but not limited to 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 EFTA00296600 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 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 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. i ( Page 5 of 6 EFTA00296601 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: Dated: JEFFREY EPSTEIN Dated: GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN Dated: LILLY ANN SANCHEZ, ESQ. ATTORNEY FOR JEFFREY EPSTEIN Page 6 of 6 EFTA00296602 Is EFTA00296603 To ',Jay Letkowite <JLefkowitztbkirkland.coi cc bcc Subject RE: Epstein edits from 11:30 is fine. I am waiting for final Alex. Can you send me all of the state agreements? numbe r is below or you can e-mai l. Thanks. My fax Original Messa e immiimmas NIC. ear*** ion is The information contained in this communicat ney-c lient privi leged , may confidential, may be attor only insid e infor matio n, and is inten ded constitute for rty of the use of the addressee. It is the prope and & Ellis LLP or Kirkl and & Ellis International Kirkl LLP. ng of this Unauthorized use, disclosure or copyi is stric tly communication or any part thereof prohibited this and may be unlawful. If you have received e notif y us immed iately communication in error, pleas by land.com, return e-mail or by e-mail to postmaster@kirk EFTA00296604 • and of, destroy this communication and all copies there including all attac hment s. **** * EFTA00296605 EFTA00296606 To 'Jay Lefkounle cc bcc Subject Epstein agreement as reviewed by the U.S. Attot ' .:„ • .-*it ettry you. Hi Jay — Here is the agreement with Alex's edits. Thank v2.pdf>> *070924 Epstein Non-Prosecution Agreement w Acosta edits Assistant U.S. Attorney Phone r Fax K.. «< Attachment '070924 Epstein Non-Prosecution Agreement w Acosta edits v2,odt has been archived by user 'CommonStoreilTharkland-Ellis' on '11/2612007 01:21:11' >>> EFTA00296607 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 on into the conduct of Jeffrey the "State Attorney's Office") have conducted an investigati Epstein (hereinafter "Epstein"); ed Epstein by indictment IT APPEARING that the State Attorney's Office has charg 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 around 2001 through in or around September 2007, including: n and unknown to (1) knowingly and willfully conspiring with others know a facility or means commit an offense against the United States, that is, to use e, or entice of interstate or foreign commerce to knowingly persuade, induc d States minor females to engage in prostitution, in violation of Title 18, Unite d State s 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 United States United States Code, Section 2423(b); all in violation of Title 18, Code, Section 2423(e); knowingly (3) using a facility or means of interstate or foreign commerce to prostitution; in persuade, induce, or entice minor females to engage in 2; violation of Tide 18, United States Code, Sections 2422(b) and illicit sexual (4) traveling in interstate commerce for the purpose of engaging in in violation conduct, as defined in 18 U.S.C. § 2423(f), with minor females; Page 1 of 6 EFTA00296608 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 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 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 Page 2 of 6 EFTA00296609 tes Section minors to engage in prostitution, in violation of Florida Statu 796.03; t impose a 2. Epstein shall make a binding recommendation that the Cour thirty (30) month sentence to be divided as follows: jail (a) Epstein shall be sentenced to eighteen (18) months in county olding for all charges, without any opportunity for withh unity adjudication or sentencing, and without probation or comm control in lieu of imprisonment; and e (b) following the term of imprisonment, Epstein shall serve twelv (12) months of community control. not foreclose 3. The terms contained in paragraphs 1 and 2, supra, do mend Epstein and the State Attorney's Office from agreeing to recom and/or any additional charge(s) or any additional term(s) of probation Circu it incarceration, and do not foreclose a Judge of the 15th Judicial above. from imposing a sentence in excess of the terms set forth by the State 4. Epstein shall waive all challenges to the Information filed ction and Attorney's Office and shall waive the right to appeal his convi sentence. s of all 5. Epstein shall provide to the U.S. Attorney's Office copie entering proposed agreements with the State Attorney's Office prior to into those agreements. a list of 6. The United States shall provide Epstein's attorneys with U.S.C. individuals whom it has identified as victims, as defined in 18 nced. § 2255, after Epstein has signed this agreement and been sente d State s will file a Upon the execution of this agreement, the Unite District motion with the United States District Court for the Southern these perso ns. of Florida for the appointment of a guardian ad litem for through that Epstein's counsel may contact the identified individuals guardian. , elects to 7. If any of the individuals referred to in paragraph (6), 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 of Florida over his person and/or the subject matter, and Epste Page 3 of 6 EFTA00296610 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 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 use his best efforts to enter his guilty plea and be sentenced not later than October 26, 2007. The United States has no objection to Epstein self-reporting 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 discussions with the State Attorney's Office and to use his best efforts to ensure compliance with these procedures, which compliance will be necessary to satisfy the United States' interest. Epstein also understands that it is his obligation to use his best efforts to convince the Judge of the 15th Judicial Circuit to accept Epstein's binding recommendation regarding the sentence to be imposed, and understands that the failure to Page 4 of 6 EFTA00296611 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 c • tential co-cons irators of E stein including but not limited t Further, upon execution o agreement and a plea agreement wit e tate ttorney'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 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 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 EFTA00296612 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. 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 agees 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 ANN SANCHEZ, ESQ. ATTORNEY FOR JEFFREY EPSTEIN Page 6 of 6 EFTA00296613 ri EFTA00296614 > To 'Jay Letkowitz" AIM ec \(USAFLST bcc by the U.S. Attorney 09/2412007 Subject RE: Epstein agreement as reviewed 01:27 PM in - I ' trkg.t:i ;, ' . .. •:.:.VII _...1. & . ., . • /14: fr. . ItU 71. .I. ,V4A4::•••1 1..v;C.44 W: -1W1 tit3 ;SI U.:e 4 ,.• rt titIN rney had a last-minute Hi Jay — Sony for the delay. The U.S. Atto "It Appearing" clause concern, that I think I fixed (it is in the first violated). following the list of statutes potentially 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 d a list of 34 confirmed I wanted to tell you that I have compile es we already have, who minors. There are six others, whose nam whether they were 17 need to be interviewed by the FBI to confirm Epstein. Once those or 18 at the time of their activity with Mr. list of identified interviews are completed, I can finalize the nt that I will maintain victims, which I will put in a formal docume until the time of Mr. Epstein's sentencing. execute at least three Assuming that this agreement is fine, please rest by FedEx. twill copies, and send one to me by fax and the execute and send the copies back. Thank you. EFTA00296615 Assistant U.S. Attorney Phone Fax To "J Lefkowite cc 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 EFTA00296616 <<070924 Epstein Non-Prosecution Agreement w Acosta edits v2.pdt>> na aoliinz arm In Non-Prosecution reeme hes been archived by user 'CommonStorelIT/Kirkland-Ellis' on 11029_91_0n2-SEa EFTA00296617 IN RE: INVESTIGATION OF JEFFREY EPSTEIN NON-PROSECUTION AGREEMENT rtment and the State IT APPEARING that the City of Palm Beach Police Depa Beach County (hereinafter, Attorney's Office for the 15th Judicial Circuit in and for Palm on into the conduct of Jeffrey the "State Attorney's Office") have conducted an investigati 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 and the Federal Bureau of IT APPEARING that the United States Attorney's Office in's background and any Investigation have conducted their own investigation into Epste the United States from in or offenses that may have been committed by Epstein against around 2001 through in or around September 2007, including: unknown to (1) knowingly and willfully conspiring with others known and a facili ty or means commit an offense against the United States, that is, to use e, or entice of interstate or foreign commerce to knowingly persuade, induc Unite d States minor females to engage in prostitution, in violation of Title 18, s Code, Section Code, Section 2422(b); all in violation of Title 18, United State 371; wn to travel (2) knowingly and willfully conspiring with others known and unkno sexua l conduct, as in interstate commerce for the purpose of engaging in illicit tion of Title 18, defined in 18 U.S.C. § 2423(f), with minor females, in viola 18, United States United States Code, Section 2423(b); all in violation of Title Code, Section 2423(e); erce to knowingly (3) using a facility or means of interstate or foreign comm in prostitution; in persuade, induce, or entice minor females to engage (b) and 2; violation of Title 18, United States Code, Sections 2422 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 7 EFTA00296618 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 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 EFTA00296619 Terms of the Agreement: as 1. Epstein shall plead guilty (not nolo contendere) to the Indictment and for currently pending against him in the 15th Judicial Circuit in XXX MB) charg ing Palm Beach County (Case No. 2006-cf-009495A Stat. § one (1) count of solicitation of prostitution, in violation of Fl. Inform ation filed 796.07. In addition, Epstein shall plead guilty to an se that by the State Attorney's Office charging Epstein with an offen solici tation of requires him to register as a sex offender, that is, the tes Section minors to engage in prostitution, in violation of Florida Statu 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 of without probation or community control in lieu imprisonment; and of (b) Epstein shall be sentenced to a term of twelve (12) months community control consecutive to his two terms in county jail as described in Term 2(a), supra. Circuit 3. This agreement is contingent upon a Judge of the 15th Judicial the State accepting and executing the sentence agreed upon between in this Attorney's Office and Epstein, the details of which are set forth agreement. ose 4. The terms contained in paragraphs 1 and 2, supra, do not forecl mend Epstein and the State Attorney's Office from agreeing to recom tion and/o r any additional charge(s) or any additional term(s) of proba incarceration. State 5. Epstein shall waive all challenges to the Information filed by the ction and Attorney's Office and shall waive the right to appeal his convi sentence. s of all 6. Epstein shall provide to the U.S. Attorney's Office copie ng proposed agreements with the State Attorney's Office prior to enteri Page 3 of 7 EFTA00296620 into those agreements. list of 7. The United States shall provide Epstein's attorneys with a U.S.C. individuals whom it has identified as victims, as defined in 18 sente nced. § 2255, after Epstein has signed this agreement and been ltation Upon the execution of this agreement, the United States, in consu el, shall with and subject to the good faith approval of Epstein's couns for select an attorney representative for these persons, who shall be paid iduals by Epstein. Epstein's counsel may contact the identified indiv through that representative. to 8. If any of the individuals referred to in paragraph (7), supra, elects st the file suit pursuant to 18 U.S.C. § 2255, Epstein will not conte ern Distri ct jurisdiction of the United States District Court for the South in waives of Florida over his person and/or the subject matter, and Epste ges his right to contest liability and also waives his right to conte dama st up to an amount as agreed to between the identified individual and ed Epstein, so long as the identified individual elects to proce other exclusively under 18 U.S.C. § 2255, and agrees to waive any on law. claim for damages, whether pursuant to state, federal, or comm s Notwithstanding this waiver, as to those individuals whose name on appear on the list provided by the United States, Epstein's signature this agreement, his waivers and failures to contest liabil ity and such of any damages in any suit are not to be construed as an admission criminal or civil liability. as an 9. Epstein's signature on this agreement also is not to be construed al admission of civil or criminal liability or a waiver of any jurisdiction r on the or other defense as to any person whose name does not appea list provided by the United States. ture 10. Except as set forth in paragraph (8), supra, neither Epstein's signa rs or on this agreement, nor its terms, nor any resulting waive s or evide nce of settlements by Epstein are to be construed as admission 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. and be 11. Epstein shall use his best efforts to enter his guilty plea no sentenced not later than October 26, 2007. The United States has objection to Epstein self-reporting to begin serving his sente nce not Page 4 of 7 EFTA00296621 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 State of based on standard rules and regulations that apply in the provi de an Florida. At the United States' request, Epstein agrees to of accounting of the gain time he earned during his period incarceration. part of any 13. The parties anticipate that this agreement will not be made ation public record. If the United States receives a Freedom of Inform sure of Act request or any compulsory process commanding the disclo makin g that the agreement, it will provide notice to Epstein before 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 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 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. provide compensation In consideration of Epstein's agreement to plead guilty and to all of the terms and conditions in the manner described above, if Epstein successfully fulfills institute any c of this agreement, the United States also agrees that it will not 'fist o *al co-cons irators o s • including but not limited Further, upon execution of s 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 term of this agreement The in abeyance unless and until the defendant violates any to intervene and to quash certain defendant likewise agrees to withdraw his pending motion evidence, specifically evidence grand jury subpoenas. Both parties agree to maintain their enas that have been issued, and requested by or directly related to the grand jury subpo 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 rawn. outstanding grand jury subpoenas shall be deemed withd each of these terms is By signing this agreement, Epstein asserts and certifies that Page 5 of 7 EFTA00296622 deration and that a breach material to this agreement and is supported by independent consi terminate the agreement of any one of these conditions allows the United States to elect to or entity for any and all and to investigate and prosecute Epstein and any other individual federal offenses. is aware of the fact that By signing this agreement, Epstein asserts and certifies that he des that in all criminal the Sixth Amendment to the Constitution of the United States provi c trial. Epstein further prosecutions the accused shall enjoy the right to a speedy and publi provides that the Court is aware that Rule 48(b) of the Federal Rules of Criminal Procedure essary delay in presenting may dismiss an indictment, information, or complaint for unnec a defendant to trial. Epstein a charge to the Grand Jury, filing an information, or in bringing ct ofFlorida defer such hereby requests that the United States Attorney for the Southern Distri 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 hereby waives any defense to such deemed to be a necessary delay at his own request, and he rights under Rule 48(b) of prosecution on the ground that such delay operated to deny him t to the Constitution of the the Federal Rules of Criminal Procedure and the Sixth Amendmen the naming of the statute United States to a speedy trial or to bar the prosecution by reason of between the signing of this of limitations for a period of months equal to the period ses that were the subject of the agreement and the breach of this agreement as to those offen he understands that the grand jury's investigation. Epstein further asserts and certifies that inal Procedure provide that all Fifth Amendment and Rule 7(a) of the Federal Rules of Crim 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 Information signed and filed subject of the grand jury's investigation, it may be by way of an be indicted by a grand jury as by the United States Attorney, and hereby waives his right to to any such offense. //I /// / Page 6 of 7 EFTA00296623 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 ANN SANCHEZ, ESQ. ATTORNEY FOR JEFFREY EPSTEIN Page 7 of 7 EFTA00296624 re EFTA00296625 To "Jay Lefkoviiitz" cc bcc Subject The final final 09/24/2007.16 PM O < E stein Non-Prosecution Agreementpdf>> . Attorn aim Phone Fax 61 070924 Final Epstein Non-Prosecution Agree ment.pdf EFTA00296626 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 on into the conduct of Jeffrey the "State Attorney's Office") have conducted an investigati Epstein (hereinafter "Epstein"); ed Epstein by indictment IT APPEARING that the State Attorney's Office has charg tes Section 796.07; with solicitation of prostitution, in violation of Florida Statu the Federal Bureau of IT APPEARING that the United States Attorney's Office and in's background and any Investigation have conducted their own investigation into Epste the United States from in or offenses that may have been committed by Epstein against I- - around 2001 through in or around September 2007, including: unknown to (I) knowingly and willfully conspiring with others known and facility or means commit an offense against the United States, that is, to use a e, or entice of interstate or foreign commerce to knowingly persuade, induc 18, Unite d States minor females to engage in prostitution, in violation of Title Code, Section Code, Section 2422(b); all in violation of Title 18, United States 371; unknown to travel (2) knowingly and willfully conspiring with others known and 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 2; violation of Title 18, United States Code, Sections 2422(b) and illicit sexual (4) traveling in interstate commerce for the purpose of engaging in violation conduct, as defined in 18 U.S.C. § 2423(f), with minor females; in Page 1 of 7 EFTA00296627 of Title 18, United States Code, Section 2423(b); and recruiting, (5) knowingly, in and affecting interstate and foreign commerce, the person had enticing, and obtaining by any means a person, knowing that to engage in a not attained the age of 18 years and would be caused ion of Title commercial sex act as defined in 18 U.S.C. § 1591(cX1); in violat 18, United States Code, Sections 1591(aX1) and 2; and state and federal criminal IT APPEARING that Epstein seeks to resolve globally his in exchange for the benefits liability and Epstein understands and acknowledges that, , including undertaking certain provided by this agreement, he agrees to comply with its terms actions with the State Attorney's Office; and Epstein's background by IT APPEARING, after an investigation of the offenses due consultation with the State both State and Federal law enforcement agencies, and after State of Florida, and the Attorney's Office, that the interests of the United States, the Defendant will be served by the following procedure; d States Attorney for THEREFORE, on the authority of R. Alexander Acosta, Unite for these offenses shall be the Southern District of Florida, prosecution in this District that Epstein abides by the deferred in favor of prosecution by the State of Florida, provided forth below. following conditions and the requirements of this Agreement set reliable evidence, that, If the United States Attorney should determine, based on any of the conditions of this during the period of the Agreement, Epstein willfully violated y (90) days following the Agreement, then the United States Attorney may, within ninet provide Epstein with timely expiration of the term of home confinement discussed below, violated, and shall initiate its notice specifying the conclition(s) of the Agreement that he has g notice of the violation. Any prosecution on any offense within sixty (60) days' of givin provided within 60 days of the notice provided to Epstein pursuant to this paragraph shall be ination of a breach of United States learning of facts which may provide a basis for a determ the Agreement. ment, no prosecution After timely fulfilling all the terms and conditions of the Agree any other offenses that have for the offenses set out on pages 1 and 2 of this Agreement, nor 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 st Epstein if any, will be investigation will be instituted in this District, and the charges again dismissed. Page 2 of 7 EFTA00296628 Terms of the Agreement: tment as 1. Epstein shall plead guilty (not nolo contendere) to the Indic it in and for currently pending against him in the 15th Judicial Circu charging Palm Beach County (Case No. 2006-cf-009495AXXXMB) of Fl. Stat. § one (1) count of solicitation of prostitution, in violation filed 796.07. In addition, Epstein shall plead guilty to an Information offense that by the State Attorney's Office charging Epstein with an tation of requires him to register as a sex offender, that is, the solici tes Section minors to engage in prostitution, in violation ofFlorida Statu 796.03; t impose a 2. Epstein shall make a binding recommendation that the Cour thirty (30) month sentence to be divided as follows: (a) Epstein shall be sentenced to consecutive terms of twelve (12) ut months and six (6) months in county jail for all charges, witho sente ncing , and any opportunity for withholding adjudication or of without probation or community control in lieu imprisonment; and of (b) Epstein shall be sentenced to a tenn of twelve (12) months jail community control consecutive to his two terms in county as described in Term 2(a), supra. Circuit 3. This agreement is contingent upon a Judge of the 15th Judicial en the State accepting and executing the sentence agreed upon betwe forth in this Attorney's Office and Epstein, the details of which are set agreement. foreclose 4. The terms contained in paragraphs 1 and 2, supra, do not mend Epstein and the State Attorney's Office from agreeing to recom tion and/o r any additional charge(s) or any additional term(s) of proba incarceration. the State 5. Epstein shall waive all challenges to the Information filed by ction and Attorney's Office and shall waive the right to appeal his convi parag raph sentence, except a sentence that exceeds what is set forth in (2), supra. of all 6. Epstein shall provide to the U.S. Attorney's Office copies Page 3 of 7 EFTA00296629 to entering proposed agreements with the State Attorney's Office prior into those agreements. a list of 7. The United States shall provide Epstein's attorneys with in 18 U.S.C. individuals whom it has identified as victims, as defined sentenced. § 2255, after Epstein has signed this agreement and been ltation Upon the execution of this agreement, the United States, in consu shall with and subject to the good faith approval of Epstein's counsel, paid for select an attorney representative for these persons, who shall be duals by Epstein. Epstein's counsel may contact the identified indivi 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 South ern District jurisdiction of the United States District Court for the in waives of Florida over his person and/or the subject matter, and Epste st damages his right to contest liability and also waives his right to conte 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 on law. claim for damages, whether pursuant to state, federal, or comm whos e names Notwithstanding this waiver, as to those individuals ture on appear on the list provided by the United States, Epstein's signa liabil ity and such this agreement, his waivers and failures to contest 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 jurisdictional admission of civil or criminal liability or a waiver of any appear on the or other defense as to any person whose name does not list provided by the United States. under 10. Except as to those individuals who elect to proceed exclusively Epstein's 18 U.S.C. § 2255, as set forth in paragraph (8), supra, neither ing waive rs or signature on this agreement, nor its terms, nor any result 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 the list defense as to any person, whether or not her name appears on provided by the United States. be 11. Epstein shall use his best efforts to enter his guilty plea and Page 4 of 7 EFTA00296630 States has no sentenced not later than October 26, 2007. The United nce not objection to Epstein self-reporting to begin serving his sente 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 State of based on standard rules and regulations that apply in the de an Florida. At the United States' request, Epstein agrees to provi d of accounting of the gain time he earned during his perio 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 disclosure of Act request or any compulsory process commanding the g that the agreement, it will provide notice to Epstein before makin disclosure. no authority to require the Epstein understands that the United States Attorney has 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 liance will be necessary best efforts to ensure compliance with these procedures, which comp s that it is his obligation to use to satisfy the United States' interest. Epstein also understand 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. provide compensation In consideration of Epstein's agreement to plead guilty and to all of the terms and conditions in the manner described above, if Epstein successfully fulfills institute any criminal ch es of this agreement, the United States also agrees that it will not 'al co-conspirators of Epstein, including but not limited to Further, upon execution o s ey's Office, the federal Grand Jury agreement an a p ea agreem Grand Jury subpoenas will 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 enas that have been issued, and requested by or directly related to the grand jury subpo terms of this agreement have including certain computer equipment, inviolate until all of the 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 EFTA00296631 of these terms is By signing this agreement, Epstein asserts and certifies that each deration and that a breach material to this agreement and is supported by independent consi to terminate the agreement of any one of these conditions allows the United States to elect idual or entity for any and all and to investigate and prosecute Epstein and any other indiv federal offenses. aware of the factthat By signing this agreement, Epstein asserts and certifies that he is 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 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 waives any defense to such deemed to be a necessary delay at his own request, and he hereby rights under Rule 48(b) of prosecution on the ground that such delay operated to deny him 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 were the subject of the agreement and the breach of this agreement as to those offenses that that he understands that the grand jury's investigation. Epstein further asserts and certifies Procedure provide that all Fifth Amendment and Rule 7(a) of the Federal Rules of Criminal jury. Epstein 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 Information signed and filed subject of the grand jury's investigation, it may be by way of an 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 EFTA00296632 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 Y Dated: JEFFREY EPSTEIN Dated: GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN Dated: LILLY ANN SANCHEZ, ESQ. ATTORNEY FOR JEFFREY EPSTEIN Page 7 of 7 EFTA00296633 e!, EFTA00296634 To 'Jay Lefkowite cc bcc 09/24/2007 04:34 PM Subject RE: Do you have a signed copy? Alex, Thank ou, Ja . I have forwarded your message only to I don't antici pate it going any furthe r than als, I will sign and return one copy that. When receive the origin in the case file, which will be kept to you. The other will be placed fying inform ation abou t the confidential since it also contains identi girls. sentative When we reach an agreement about the attorney repre and the irls about for the girls, we can discuss what I can tell him romised an update the agreement. I know that n ve when a resolution was achieve . Something I wou callin g, prol "a light of what happened last ear.) knows not to tell bo e mone y issue , but uilty to and the just about w at crimes Mr. Epstein is p amou f e that has been agree d to. Is° is telling not to disclose the outcome to anyone. To-Jay Lefkowite 0924/2007 04:04 PM Subject)* you haves signed copy? that at least Hi Jay — Sorry to be a bother, but do you have a copy it along to the contains Mr. Epstein's signature? I need to pass powers that be. Thanks. EFTA00296635 a EFTA00296636 To "Jay Lefkowhe cc boo Subject Conference call 77a. "ntn37 e,y" Hi Jay — Have you approved Mr. Ocariz as the girls' ss what representative? And can we have a conference call to discu ment? I may disclose to him and to the girls regarding the agree Thank you. Assistant U.S. Attorney Phone Fax EFTA00296637 rl• EFTA00296638 To 'Jay Letkowke cc bcc 09/25/2007 08:36 PM Subject Other attorneys Hi Jay — These four people were recommended. I have not active contacted them to fmd out what their rates are. All are very would be in the plaintiffs' bar in the West Palm area. Ted Babbitt out because my first choice of these four but I think he is conflicted man one of his partners is married to an AUSA here. Stuart Gross is probably my second choice. Ted Babbitt — http://www.babbitt-iohnson.coniftbabbitt.html Stuart Grossman — htta://www.srossmanandroth.com/stuossman.htm Chris Seamy — ef httn://www.searcvlaw.com/CIiRIST1ANDSEARCY/tabid/935/d Aultasin id=37 Lake Lytal, Jr. -- httn://wvvw.lvtalreiter.com/index,am?Dage very good Talk to Jack Goldberger about this group. They are all er there personal injury lawyers, but I have concerns about wheth fcel that THEY would be an inherent tension because they may if might make more money (and get a lot more press coverage) ment. (Sony —I they proceed outside the terms of the plea agree about just have a bias against plaintiffs' attorneys.) One nice thing Bert is that he is in Miami where there has been almos t no coverage of this case. in our Just so you know, I have never met Bert, but a good friend i are good appellate section and one of the district judges in Miam friends with him and recommended him. while Can you let me know tomorrow? I am going to be out for a before I starting on Friday, and I would like to get this underway leave. Thank you. EFTA00296639 Assistant U.S. Attorney Phone Fa. =MI EFTA00296640 EFTA00296641 To •Jay Letkowitt cc bcc Subject RE: Other attorneys Hi Jay — Can you give me a call at this morning? I am meeting with the agents and want to give them their marching orders regarding what they can tell the girls. Also, please remove Babbitt and Searcy from the list. There is too I great a chance of an appearance of impropriety with Babbitt and received a bad report about Searcy last night. Thank you. Assistant U.S. Attorney Phone Fax EFTA00296642 Swart Grossman -- httri://www.erosstnanandsoth.comisgrossmart. I nil Chris Searcy — ef http://www.searcvlaw.corn/CHRISTIANDSEARCY/tabid/935/d ault.a4ot ge id=37 Lake Lytal, Jr. -- http://www.lytalreiter.com/index.Dhp?va 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 if might make more money (and get a lot more press coverage) —I they proceed outside the terms of the plea agreement. (Sorry just have a bias against plaintiffs' attorneys.) One nice thing about Bert is that he is in Miami where there has been almost no coverage of this case. Just so you know, I have never met Bert, but a good friend in our appellate section and one of the district judges in Miami are good friends with him and recommended him. while Can you let me know tomorrow? I am going to be out for a starting on Friday, and I would like to get this underway befor eI leave. Thank you. Phone Fax EFTA00296643 EFTA00296644 To 'Jay Lefkowite cc bcc 09/26/2007 11:03 AM 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 Assistant U.S. Attorney Phone Fax EFTA00296645 . EFTA00296646 To ^Jay Lefkowitt cc bcc 09/26/2007 11:49 AM Subject RE: One more thing Hi Jay — Meaning no disrespect to these distinguished gentlemen, one of my criteria is that, if negotiations with you don't work out, they have the stamina to take you all to trial, so I politely decline your suggestion. Attorney consimp6 afti r SAFLS1)" Sent: 09/26/2007 11:03 AM AST To: Jay Lefkowitz Subject: One more thing Hi Jay — Did you send me the original signed agreement? I would like to sign that copy and return copies to you. Thank you. Assistant U.S. Attorney 1=1 Phone EFTA00296647 Fax MOM * ***************** **************************•********* ***** 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 and return e-mail or by e-mail to postmaster®kirkland.com, destroy this communication and all copies thereof, including all attachments. ******************* *********************************** ***** EFTA00296648 EFTA00296649 To 'Jay Lefkowite <1.1.11111111.1MOMM cc bcc 09/271200710:52 AM Subject Conference Call with Bert Ocartz Hi Jay — num 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 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 4? 1 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 tell 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 cMl 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? EFTA00296650 Assistant U.S. Attorney Phone Fax EFTA00296651 . EFTA00296652 To 'Jay Lefkowitt cc bcc iz 091271200711:08 AM Subject RE: Conference Call with Bert 0car wsev Untc,i; .":-;‘7,cciummarg. I have a 3:30 that Thanks, Jay. Can we make it 4:15 or later? me know about sending might run more than a half hour. And let ht aid our discussions Bert the agreement language. That mig of what the litigation will because the firm will have a better idea entail. Pho Fax es" • . (USAFLS)" Sent: 09/27/2007 10:51 AM AST To: Jay Lefkowitz iz Subject Conference Call with Bert Ocar good questions about Hi Jay — Bert's firm has raised a number of up a procedure that how they are going to get paid and setting clients. Are you around avoids any conflict of interest with their w what times work for today to do a conference call? Let me kno s counsel on the call you because Bert wants to get their conflict with us. me. I told Bert that as These are some of the questions he sent to EFTA00296653 going to part of our agreement we (the federal government) are not that we had indict Mr. Epstein, but gave him an idea of the charges ct to planned to bring as related to 18 USC 2255. With respe that section question 2, do I have your permission to send Bert just s (I would of the plea agreement that applies to the damages claim least 7 and 8)? recommend sending paragraphs 7 through 10, or at ioned Can you talk with your client about items 3 and 4? I envis Shook Hardy sending regular bills to you, with any privil eged pays information redacted, and being paid like every other client the bills. the nature of 1. Can we get a copy of the indictment (or can you tell me 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? the 3. Is there any cap or other limitation on attorney's fees that defendant will pay in the civil case? payment of 4. What Is the contemplated procedure for, and timing of, the Assistant U.S. Attorney Phone Fax ••• *******************************•******************* sirs** 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 EFTA00296654 International LLP. Kirkland & Ellis LLP or Kirkland & Ellis this Unauthorized use, disclosure or copying of tly prohibited communication or any part thereof is stric this and may be unlawful. If you have received us imm ediately by communication in error, please notify land.com, and return e-mail or by e-mail to postrnaster©kirk thereof, destroy this communication and all copies including all attachments. ************ t***** Mt ******** ********•**************• ***St EFTA00296655 . . . . . EFTA00296656 To "Jay Lefkowite cc bcc 09127 Subject RE: Conference Cell with Bert Ocariz %Vt.:116,kt/, "'•75r,:::aq rc1/41riWaT.O7ariagi 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: I. 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. Phone EFTA00296657 Fax OISIIMISONallaf"1201 . 1 8111M M IN M S. Sent: 09/27/2007 10:51 AM AST 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 around avoids any conflict of interest with their clients. Are you for today to do a conference call? Let me know what times work you because Bert wants to get their conflicts counsel on the call with us. EFTA00296658 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 4? 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 tell 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 Phone Fax ****•************************************************* *tic** The information contained in this communication is confidential, may be attorney-client privileged, may EFTA00296659 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. * ****•**•*****•*** ***** ******** ***** ****•**** ******** * •••*• /-• EFTA00296660 . . EFTA00296661 To •Jay Lefkowite cc bcc Subject Can you give me a car Hi Jay — Can you give me a quick ring. Thanks. Assistant U.S. Attorney Phone Fax EFTA00296662 10 EFTA00296663 To "Jay Lefkowite < cc bcc 10/01/2007 09:31 AM Subject Re: now. I am Hi Jay -- I haven't been able to access my e-mail until of those free until 10:00, then at 1:00, then at 5:00. Would any work for you? - Original Message -- ---- Original Message ---- grONII/Nlas, =111111111r =me EFTA00296664 ****•***********lb** *******•**•**•**•**************** 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 posttnasten@lcirkland.com, and destroy this communication and all copies thereof, including all attachments. ************ ***************** * ***** * ****** ********** 4444444 EFTA00296665 EFTA00296666 To "Jay Lefkowitz" cc bcc Subject RE: 10/03/2007 03:15 PM reAf',tiaff eraigtwiliOcifiAls :,710,t74.4cantigit10Yardecu L'Ili.mia is the memo Hi Jay -- This afternoon is fine. Here Just let me know where I should that I put together. call you at 4:00. Thanks. Assis an . . Fax Original Message ***** ion is The information contained in this communicat confidenti al, may be attor ney-c lient privi leged , may ded only constitute inside information, and is inten for rty of the use of the addressee. It is the prope Kirkl and & Ellis Inter national Kirkland & Ellis LLP or LLP. of this Unauthorized use, disclosure or copying any part there of is stric tly communication or prohi bited this and may be unlawful. If you have received ion in error , pleas e notif y us immed iately communicat by @kirkland.com, return e-mail or,by e-mail to postmaster and s thereof, destroy this communication and all copie including all attac hment s. ******* ************************ *********************** ***ik archived by .c<,c Attachment 'Special Master Proposal.wpd' has been ' on '12/04 /2007 00:49 :45'. >>> user tommonStore/IT/Kirldand-Ellis EFTA00296667 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. EFTA00296668 PROPOSAL FOR PROCEEDING ONCE ATTORNEY IS SELECTED I. Provide selected attorney with: t; a. a copy of the relevant portion of the Non-Prosecution Agreemen s; and b. the names and contact information for the identified victim 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 will not be or accountant not involved in the damages litigation, and made available to any person or firm involved in the damages litigation. information iii. Billing statements will have privileged and work product redacted. (perhaps iv. Disputes regarding fees will be referred to a Special Master the Special Master who selected the attorney). them of the 2. The agents and I will contact the girls individually to inform ey to represent them, if resolution of the case, including the selection of an attorn hone number of the they so choose. I will provide them with the name and telep cting them. attorney and also let them know that the attorney will be conta with her the facts 3. The selected attorney will contact each victim and review of her case and the options that she has, namely: selecting another attorney and handling everything throu gh that a. attorney; amount of b. attempting to reach an agreement with Mr. Epstein for an damages pursuant to 18 U.S.C. § 2255; ution; c. filing suit seeking other state and/or federal damages or restit and EFTA00296669 d. not seeking any money damages from Mr. Epstein. ey will contact 4. If the specific victim selects option (3)(b), the selected attorn the terms of that counsel for Mr. Epstein to negotiate a settlement amount and settlement. unable to reach 5. If the specific victim selects option (3)(b) and the parties are can: an agreement regarding a settlement amount, then the victim the a. ask the selected attorney to file suit in the U.S. District Court for Southern District of Florida, pursuant to 18 U.S.C. § 2255; or state or b. file suit in state or federal court pursuing damages under any federal remedy. of the victim 6. If the specific victim selects option (5)(a), the representation g and payment by the selected attorney will continue using the same monthly billin system contained in the retainer agreement. have no further 7. If the specified victim selects option (5)(b), Mr. Epstein will t hearing the suit. obligation to pay the attorney, except as ordered by the Cour EFTA00296670