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Extracted Text (OCR)
110a
Later that day, Villafatia sent Lefkowitz a lengthy
email to convey two options Lourie had suggested: “the
original proposal” for a state plea but with an
agreement for an 18-month sentence, or pleas to state
charges and two federal obstruction-of-justice charges.
Villafana also told Lefkowitz she was willing to ask
Acosta again to approve a federal plea to a five-year
conspiracy with a Rule 11(c) binding recommendation
for a 20-month sentence. Villafafia explained:
As to timing, it is my understanding that Mr.
Epstein needs to be sentenced in the state after he is
sentenced in the federal case, but not that he needs to
plead guilty and be sentenced after serving his federal
time. Andy recommended that some of the timing
issues be addressed only in the state agreement, so
that it isn’t obvious to the judge that we are trying to
create federal jurisdiction for prison purposes.
With regard to prosecution of individuals other than
Epstein, Villafafma suggested standard federal plea
agreement language regarding the resolution of all
criminal liability, “and I will mention ‘co-conspirators,
but I would prefer not to highlight for the judge all of
the other crimes and all of the other persons that we
could charge.” Villafafia told OPR that she was willing
to include a non-prosecution provision for Epstein’s co-
conspirators, who at the time she understood to be the
four women named in the proposed agreement,
because the USAO was not interested in prosecuting
those individuals if Epstein entered a plea. Villafafia
told OPR, “[W]e considered Epstein to be the top of the
food chain, and we wouldn’t have been interested in
prosecuting anyone else.” She did not consider the
possibility that Epstein might be trying to protect
other, unnamed individuals, and no one, including the
FBI case agents, raised that concern. Villafafia also
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