EFTA01098374Set 9
2011-08-1224p7,396w
JANE DOE 1 AND JANE DOE 2 FOR
PRODUCTION, USE, AND DISCLOSURE OF PLEA NEGOTIATIONS
Pursuant to Federal Rules of Evidence 410 and 501, Federal Rule of Criminal Procedure ... motion
of Jane Doe 1 and Jane Doe 2 for disclosure of all the plea negotiation letters and emails between
his lawyers and federal prosecutors during the criminal investigation ... opposes the motion of Jane Doe 1 and Jane Doe 2 to use these plea negotiations as substantive
evidence in their quest to invalidate the Non-Prosecution Agreement
https://www.justice.gov/epstein/files/DataSet%209/EFTA01098374.pdf
EFTA00296400Set 9
2007-11-2196p13,233w
make
being activity on an airplane, I just
is factu al basis for the plea that the
sure that there
agents can confirm.
tomorrow morning,
I'm not sure exactly ... this
and may be unlawful. If you have recei
nicat ion in error , pleas e notif y us immediately
commu
by
9kirkland.com,
return e-mail or by e-mail ... attachments.
EFTA00296425
1%
EFTA00296426
To "Jay Letkowitz"
>
cc
bcc
09.14/2007 09:55 Subject Plea documents
AM
Hi Jay I'm not sure which of those e-mail addresses
https://www.justice.gov/epstein/files/DataSet%209/EFTA00296400.pdf
EFTA00191148Set 9
2013-06-1951p14,521w
Jeff, you, and I all have discussed the
greater flexibility of a pre-indictment plea.
The statement that I have not respected Alex's position regarding the prosecution ... prosecution in this matter, thus you should have respected his position before
engaging in plea negotiations.
Along that same line, despite whatever contrary representations you made to the
agents ... meeting. It was an
informal discussion and not in the nature of an official plea offer but rather a
feeling out by both sides as to what it might take
https://www.justice.gov/epstein/files/DataSet%209/EFTA00191148.pdf
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District. To the contrary, it is black-
letter law in this Circuit that a plea agreement in one district does not apply elsewhere, in the
absence of express indications ... should be denied.
It is well settled in the Second Circuit that "a plea agreement in one U.S. Attorney's office
does not, unless otherwise stated, bind another." United States ... United States v. Annabi, 771 F.2d 670, 672 (2d Cir. 1985) (per curiam) ("A
plea agreement binds only the office of the United States Attorney for the district in which
https://www.justice.gov/epstein/files/DataSet%209/EFTA00102999.pdf
EFTA00099352Set 9
2002-04-2638p10,958w
government.
In opposition, the government relies on the Second Circuit's statement that "[I] plea
agreement binds only the office of the United States Attorney for the district in which ... plea is
entered unless it affirmatively appears that the agreement contemplates I broader restriction."
6
EFTA00099362
United States v. Annabi, 771 F.2d 670, 672 (2d Cir. 1985). Annabi supports dismissal ... number of judicial
districts, including this District, typically use I standard template for plea agreements and other
non-prosecution agreements, this NPA did not follow such I standard format
https://www.justice.gov/epstein/files/DataSet%209/EFTA00099352.pdf
EFTA00804328Set 9
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deliberately kept crime victims "in the
dark" so that it could enter into a plea arrangement designed to prevent the victims from raising
any objection. In doing so, the Government ... shifted gears and began working together to concoct a criminal charge for Epstein to
plea to other than his sexual abuse of minors. As alternative charges, they discussed charging
Epstein ... time the NPA was signed through the date of
Epstein's state court plea in June of 2008, the Office—doing Epstein's bidding—assiduously
concealed the NPA's existence
https://www.justice.gov/epstein/files/DataSet%209/EFTA00804328.pdf
EFTA00065989Set 9
2002-04-2638p11,008w
government.
In opposition, the government relies on the Second Circuit's statement that "[a] plea
agreement binds only the office of the United States Attorney for the district in which ... plea is
entered unless it affirmatively appears that the agreement contemplates a broader restriction."
6
EFTA00065999
United States v. Annabi, 771 F.2d 670, 672 (2d Cir. 1985). Annabi supports dismissal ... number of judicial
districts, including this District, typically use a standard template for plea agreements and other
non-prosecution agreements, this NPA did not follow such a standard format
https://www.justice.gov/epstein/files/DataSet%209/EFTA00065989.pdf
EFTA00209426Set 9
2014-04-1824p5,737w
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 ... Because we conclude that
we have jurisdiction to decide this appeal and that the plea negotiations are not
privileged from discovery, we affirm.
I. BACKGROUND
2
EFTA00209427
Case ... 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/EFTA00209426.pdf
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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 ... Because we conclude that
we have jurisdiction to decide this appeal and that the plea negotiations are not
privileged from discovery, we affirm.
I. BACKGROUND
2
EFTA01197326
Case ... 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/EFTA01197325.pdf
EFTA00098414Set 9
2019-02-2133p11,272w
reasonably heard at any public proceeding in the district court
involving [a] ... plea." The notification further stated that, "[a]t this time, your case is under
investigation ... just want to make sure that there is a factual basis for the plea that the agents can
confirm." Epstein's counsel responded, "[a]lready thinking about the same statutes ... emails, Epstein's counsel and the line prosecutor exchanged emails
including a proposed plea agreement for Epstein to plead guilty to assaulting one of his
coconspirators
https://www.justice.gov/epstein/files/DataSet%209/EFTA00098414.pdf
EFTA00215616Set 9
2008-07-1117p5,372w
righ ts) her righ t to "con fer" with the prosecution before a plea
(among
Crime
g of the crim inal char ges invo lvin g her — a right promised ... that , in ligh t of defe nda nt, Jeffrey Epstein's entry of guilty plea
Government sent
r all federal
ence, the Government had agreed to defe
%arious state charges ... Dean,
527 F.3d 391, 394 (5111Cir. 2008), a wealthy corporate defendant reached a generous plea deal
w th the Government — a deal that the Government concluded and filed for approval
https://www.justice.gov/epstein/files/DataSet%209/EFTA00215616.pdf
EFTA00600054Set 9
2013-06-1815p4,318w
Smith, 656 F.2d 1101, 1106 (5th Cir. 1981)(requiring redaction from records of guilty pleas of
references to name of individual who was not charged or convicted).
Intervenors Jeffrey Epstein ... because it consists of and relates to statements made during
the course of plea discussions between Epstein, through counsel, and federal prosecutors; (4) the
correspondence is irrelevant because rescission ... this
CVRA proceeding; (5) the court should craft a new common law privilege encompassing plea
discussions under Fed. R. Evid. 501.
At the outset, the court observes that the intervenors
https://www.justice.gov/epstein/files/DataSet%209/EFTA00600054.pdf
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EFTA00726006
(Bill Clinton phone numbers listed under "Doug Bands").
Federal Investigation and Plea ARreement With Epstein
19. In approximately 2005, the FBI and the U.S. Attorney's Office ... witness
tampering was so severe that the United States Attorney's Office prepared negotiated plea agreements
containing these charges. For example, in a September 18, 2007, email from AUSA Villafaila ... Lefkowitz (attached hereto as Exhibit "H"), she attached the proposed plea agreement describing
Epstein's witness tampering as follows:
"UNITED STATES vs. JEFFREY EPSTEIN PLEA PROFFER"
On August
https://www.justice.gov/epstein/files/DataSet%209/EFTA00725998.pdf
EFTA00213038Set 9
2009-06-1910p4,990w
served over 11 months of his sentence in county jail. While such a plea and
punishment were not otherwise sought by the State Attorney, Mr. Epstein agreed to the plea ... statement that Mr. Epstein did not use his "best efforts" to enter his guilty plea and to be
sentenced is, respectfully, without merit. Exhibit 1, June 15, 2009 Letter ... date of entry
of the state plea was deferred with the express written consent of United States Attorney Acosta,
who recognized and expressly provided us with the opportunity to pursue
https://www.justice.gov/epstein/files/DataSet%209/EFTA00213038.pdf