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118a Lefkowitz, who advised that Epstein was leaning towards a plea to state charges under a non-prosecu- tion agreement, and she would be forwarding to Lefkowitz “our last version of the Non-Prosecution Agreement.” Acosta asked that Villafafia “make sure they know it[’]s only a draft” and reminded her that “[t]he form and language may need polishing.” Villafana responded, “Absolutely. There were a lot of problems with their last attempt. They tried to re-open all the loopholes that I had sewn shut.” Villafafia sent to Lefkowitz the draft NPA that she had provided to Lefcourt on September 11, 2007, noting that it was the “last version” and would “avoid [him] having to reinvent the wheel.” She also updated the FBI case agents on the status of negotiations, noting that she had told her “chain of command... that we are still on for the [September] 25th [to bring charges] ... , no matter what.” After receiving the draft NPA, Lefkowitz asked Villafafia to provide for his review a factual proffer for a federal obstruction of justice charge, and, with respect to the NPA option, asked, “[I]f we go that route, would you intend to make the deferred [sic] prosecu- tion agreement public?” Villafafia replied that while a federal plea agreement would be part of the court file and publicly accessible, the NPA “would not be made public or filed with the Court, but it would remain part of our case file. It probably would be subject to a FOIA [Freedom of Information Act] request, but it is not something that we would distribute without compulsory process.” Villafaia told OPR that she believed Epstein did not want the NPA to be made public Né6 FOIA requires disclosure of government records upon request unless an exemption applies permitting the government to withhold the requested records. See 5 U.S.C. § 552. DOJ-OGR-00000176