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Case 22-1426, Document ON 6T 3536038, Page69 of 258 Case 1:20-cr-00330-AJN Document 204-3 Filed 04/16/21 Page 67 of 348 In light of these concerns, Villafafia emailed Menchel, expressing her strong disagreement with the process: [I]t is inappropriate for you to enter into plea negotiations without consulting with me or the investigative agencies, and it is more inappropriate to make a plea offer that you know is completely unacceptable to the FBI, ICE [Immigration and Customs Enforcement], the victims, and me. These plea negotiations violate the Ashcroft memo, the U.S. Attorney[s’] Manual, and all of the various iterations of the victims’ rights legislation. Strategically, you have started the plea negotiations as though we are in a position of weakness, anxious to make the case go away, by telling the defense that we will demand no federal conviction. We left the meeting on June 26th in a stronger position than when we entered, and your statement that a state resolution would satisfy us takes away that advantage. If you make it seem like the U.S. Attorney doesn’t have faith in our investigation, Epstein has no incentive to make a deal. Second, your discussion makes it appear that my investigation is for “show” only and completely undermines my ability to deal with Epstein’s attorneys directly... . I would like to make a presentation to the U.S. Attorney, Jeff [Sloman], Andy [Lourie], and you with our side of the investigation and a revised indictment. The presentation will address the points raised by Epstein’s counsel and will convince you all of the strength of the case. In the meantime, please direct all communications from Epstein’s counsel to me. Menchel told OPR he realized Villafafia was “very anxious” to file charges in the case. Villafafia had put a “tremendous” amount of effort into the investigation, and Menchel “was not unsympathetic at all to her desires” to pursue a federal case. However, as Menchel told OPR, Villafafia’s supervisors, including Acosta, were “trying to be a little bit more dispassionate,” and her urgency was “not respectful” of Acosta’s position. Menchel viewed the tone of Villafafia’s email as “highly unacceptable,” and her understanding of applicable law and policy incorrect. In particular, Menchel pointed out that although the Ashcroft Memo requires prosecutors to charge the “most readily provable offense,” there is nevertheless room for “flexibility,” and that the U.S. Attorney has discretion—directly or through a designated supervisor such as Menchel—to waive the policy. 41 DOJ-OGR-00021241