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Extracted Text (OCR)
117a
Villafana circulated the defense’s proposed plea
agreement to Lourie and two other supervisors, and
expressed frustration that the new defense version
incorporated terms that were “completely different
from what Jay just told Andy they would agree to.”
Villafana also pointed out that the defense “wants us
to recommend an improper calculation” of the sentencing
guidelines and had added language waiving the
preparation of a presentence investigation (PSI) “so he
can keep all of his information confidential. I have
already told Jay that the PSI language ... was
unacceptable to our office.” Of even greater significance, in
a follow-up email, Villafafia noted that the defense had
removed both the requirement that Epstein plead to a
registrable offense and the entire provision relating to
monetary damages under 18 U.S.C. § 2255.
In the afternoon, Villafafa circulated her own
proposed “hybrid” plea agreement, first internally to
the management team with a note stating that it
“contains the 18/12 split that Jay and Andy agreed to,”
and then to Lefkowitz. Regarding the prosecution of
other individuals, she included the following provision:
“This agreement resolves the federal criminal liability
of the defendant and any co-conspirators in the
Southern District of Florida growing out of any
criminal conduct by those persons known to the
[USAO] as of the date of this plea agreement,”
including but not limited to the conspiracy to solicit
minors to engage in prostitution.
In her email to Lefkowitz, transmitting the plea
agreement, Villafatia wrote:
Could you share the attached draft with your
colleagues. It is in keeping with what Andy
communicated to me was the operative “deal.”
The U.S. Attorney hasn’t had a chance to
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