EFTA00177793Set 9
2013-06-1954p18,848w
emergency" petition under the CVRA,
contending that Epstein was currently involved in plea negotiations with the USAO/SDFL, which
"may likely result in a disposition of the charges in the next ... government filed its response, disclaiming application of the CVRA
to pre-charge negotiations with prospective defendants. Alternatively, the government contended
it did use its "best efforts" to comply with CVRA ... reasonable efforts to notify identified victims of, and consider victims' views about, prospective
plea negotiations.")
8
EFTA00177800
Case 9:08-cv-80736-KAM Document 189 Entered on FLSD Docket 06/19/2013
https://www.justice.gov/epstein/files/DataSet%209/EFTA00177793.pdf
EFTA00205340Set 9
2013-06-1820p6,037w
favorable resolution of the criminal investigation of Mr.
Epstein through attorney-to-attornevettlement negotiations. In determining whether to grant a
stay p ing appeal, the Court is to consider four ... particular case, the
Court's decision, which drastically reshapes the landscape of criminal settlement negotiations
and sets at nought expectations of privacy, confidentiality, and privilege on which criminal
defense attorneys ... have reasonably relied for many decades in negotiating with government
attorney on behalf of their clients, has potentially far-reaching and, intervenors contend,
seriously deleterious consequences for ability of attorneys
https://www.justice.gov/epstein/files/DataSet%209/EFTA00205340.pdf
EFTA00209741Set 9
2014-04-1823p5,318w
criminal investigation to claim a privilege
that would prevent the disclosure of their plea negotiations; and, if so, whether a
privilege bars crime victims from discovering plea negotiations. The United ... conclude that
we have jurisdiction to decide this appeal and that the plea negotiations are not
privileged from discovery, we affirm.
I. BACKGROUND
2
EFTA00209742
Case: 13-12923 Date Filed ... Jane Doe No. 2, in June and August
2007. Extensive plea negotiations ensued between the United States and Epstein.
On September 24, 2007, the United States entered into
https://www.justice.gov/epstein/files/DataSet%209/EFTA00209741.pdf
EFTA01883885Set 10
2012-05-1848p11,282w
Mark Landler
Article 2
The Washington Institute
Prospects for Success in the Iran Nuclear
Negotiations
Patrick Clawson and Mehdi Khalaji
Article 3.
Foreign Policy
How Obama Missed an Opportunity ... Into Talks With Iran,
U.S. Sees Hopeful Signs
Mark Landler
May 18, 2012 — American negotiators, heading into a
crucial round of talks with Iran over its nuclear
programnext week ... administration official,
speaking on the condition of anonymity because of the
delicacy of the negotiations. "Whether they're nervous
enough to act, we don't know yet." Another senior
official
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01883885.pdf
EFTA00657039Set 9
2011-09-2712p3,759w
should apply to the disclosure and use of
documents prepared and exchanged during plea negotiations between the Intervenors (on behalf of
Jeffrey Epstein) and the U.S. Attorney's Office ... their contents, and
the discovery and use of additional plea negotiation documents and information.
For the reasons set forth herein, the United States agrees that the Petitioners are attempting ... plea negotiations "against" Jeffrey Epstein, in violation of the Federal Rules ofEvidence, and
that the work product privilege is not automatically waived by disclosure in the context of
confidential plea
https://www.justice.gov/epstein/files/DataSet%209/EFTA00657039.pdf
EFTA01718606Set 10
2005-07-2268p26,874w
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 ... 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 ... 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
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01718606.pdf
EFTA01931614Set 10
2014-03-0348p13,116w
upset with Aipac for, in its view, trying to
subvert American-led nuclear negotiations with Iran. In our
interview, the president, while broadly supportive of Israel and a
close ... congressional effort to
impose more time-delayed sanctions on Iran just as nuclear
negotiations were commencing: "There's never been a
negotiation in which at some point there ... start shooting in the middle
of the room during the course of negotiations." He said he
remains committed to keeping Iran from obtaining nuclear
weapons and seemed unworried by reports
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01931614.pdf
EFTA00205728Set 9
2011-10-1027p8,165w
grant intervention, including most recently new "supplemental" briefing on the discoverability of
plea negotiation correspondence. While the victims continue to believe that their arguments
against the defense attorneys intervening ... Federal Rule of
Evidence 410 or (2) a purported "common law privilege" for "plea negotiations" that the
attorneys ask the Court to create under Federal Rule of Evidence ... Bursey, 429 U.S.
545, 561 (1977). The Court should not exalt to privileged status negotiations that merely serve
the administrative convenience of the parties over the important value of truth
https://www.justice.gov/epstein/files/DataSet%209/EFTA00205728.pdf
EFTA01951406Set 10
2013-10-1628p6,592w
Geneva. As the Iranian deputy
foreign minister, Abbas Araqchi, put it before the negotiations
began on Tuesday: "We need to move towards a trust-building
road map with the Westerners ... nuclear-weapon breakout in the
mullahs' hands.
By the end of Tuesday's negotiations, Iranian foreign minister
Javad Zarif had offered a PowerPoint presentation, details
publicly unknown but described ... Tehran. The future of those sanctions is a
key issue in this week's negotiations in Geneva between senior
officials from Iran and the U.S., the most serious talks between
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01951406.pdf
EFTA00178057Set 9
2011-05-0290p23,378w
were victims of specific federal offenses, sent them notices to
that effect, and then negotiated with defense attorneys an agreement not to prosecute the specific
offenses that were committed against ... afford the victims their right to confer about the non-
prosecution agreement (NPA) it negotiated with Jeffrey Epstein — an agreement that blocked
federal prosecution of Epstein for the multitude ... present case. In that case, prosecutors and defense
attorneys for a major corporation secretly negotiated a plea agreement to resolve the
corporation's criminal liability for an explosion
https://www.justice.gov/epstein/files/DataSet%209/EFTA00178057.pdf
EFTA00209306Set 9
2013-06-1816p4,742w
from
P-013329 R. Garcia to A. Marie Villafafia concerning status
of plea negotiations
Suppl. Box #3 File folder entitled "11/8/07 Lefkowitz to Attorney-Client Privilege
P-013330 Sloman" containing ... File folder labeled "E-mails Re Plea Attorney-Client Privilege
P-013554 Negotiations" containing: Work Product
Thru ■ 11/28/07 e-mail from A. Laurie to A. Deliberative Process
Marie Villafafta ... mail from A. Marie Villafafia to
A. Lourie, R. Garcia, K. Atkinson re
negotiating strategy, with attached
correspondence;
■ 9/18/07 e-mail from A. Marie Villafafia to
A. Acosta, A. Laurie
https://www.justice.gov/epstein/files/DataSet%209/EFTA00209306.pdf
EFTA01098365Set 9
2011-09-029p2,946w
Jane Doe 2 for disclosure, evidentiary use, and widespread dissemination
of the plea negotiation letters and emails between his lawyers and federal prosecutors. Those letters
and emails were written ... furtherance of plea negotiations, encouraged by the broad protections of
Federal Rule of Evidence 410, Federal Rule of Criminal Procedure 11(0, and the constitutional right
to effective assistance ... because Mr. Epstein has an interest in protecting his privileged and confidential plea negotiations,
and "disposing of the action may as a practical matter impair or impede [his] ability
https://www.justice.gov/epstein/files/DataSet%209/EFTA01098365.pdf
EFTA00611358Set 9
2011-08-12138p36,797w
Attorney, Your Honor.
23 THE COURT: Okay. The United States Attorney.
24 During the negotiations that resulted in the
25 non-prosecution agreement are somehow work product,
Page: 13
EFTA00611370 ... admissions of guilt. Any statement made during the
9 course of the plea negotiating process is given a
10 type of immunity.
11 THE COURT: I thought that rule relates ... ip.iiii. Ira
1 determine whether or not we can come to a plea
2 negotiation.
3 And one of the policy decisions here, and this
4 is why I believe
https://www.justice.gov/epstein/files/DataSet%209/EFTA00611358.pdf
EFTA00103238Set 9
2021-07-1234p11,087w
prosecutors." Id. at 169, 185. The report concluded that the
U.S. Attorney's negotiation and approval of the NPA did not amount to professional misconduct,
but nonetheless reflected "poor judgment ... saying.
Without an affirmative statement in the NPA's text, Maxwell turns to its negotiation
history. Under Second Circuit precedent she may offer evidence that negotiations of the NPA
between ... Document 207 Filed 04/16/21 Page 6 of 34
about the NPA's negotiation history in the form of the OPR report and yet identifies no evidence
that the Department
https://www.justice.gov/epstein/files/DataSet%209/EFTA00103238.pdf
EFTA01072076Set 9
2013-07-1512p2,731w
correspondence authored by Mr. Epstein's counsel during the course of the
negotiations has not been disclosed. See Tr. 8/12/11 (Doc.208) at 17, 64-66
(intervenor-attorney Black states, without ... Instead, they rely on their opinion work product privilege and the
confidentiality of plea/settlement negotiations which has its roots in Rule 410 and the
long-standing reliance of both prosecutors ... defense counsel's written communications. The need for such confidentiality in the
criminal negotiation process is no more "far-fetched" than the civil mediation
privilege which has been recognized
https://www.justice.gov/epstein/files/DataSet%209/EFTA01072076.pdf