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Extracted Text (OCR)
120a
agreement. Villafatia told Lourie that she had added
that paragraph at the “insistence” of the defense, and
opined, “I don’t think it hurts us.” Villafafia explained
to OPR that she held this view because “Alex and
people above me had already made the decision that if
the case was resolved we weren’t going to get the
computer equipment.”
At 3:44 p.m. that afternoon, Lefkowitz emailed a
“redline” version of the federal plea agreement
showing his new revisions, and noted that he was “also
working on a deferred [sic] prosecution agreement
because it may well be that we cannot reach agree-
ment here.” The defense redline version required
Epstein to plead guilty to a federal information
charging two misdemeanor counts of attempt to
intentionally harass a person to prevent testimony, the
pending state indictment charging solicitation of
prostitution, and a state information charging one
count of coercing a person to become a prostitute, in
violation of Florida Statute § 796.04 (without regard
to age). Neither of the proposed state offenses required
sexual offender registration. Epstein would serve an
18-month sentence and a concurrent 60 months on
probation on the state charges. The redline version
again deleted the provisions relating to damages
under 18 U.S.C. § 2255 and replaced it with the
provision requiring creation of a trust administered by
the state court. It retained language proposed by
Villafafia, providing that the plea 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,” but also re-inserted the provision
promising not to prosecute Epstein’s assistants and
the statement prohibiting the USAO from requesting,
DOJ-OGR-00000183