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Case 22-1426, Document 83 3536038, Page85 of 258 Case 1:20-cr-00330-AJN Document 204-3 Filed 04/16/21 Page 83 of 348 U.S. Department of Justice United States Attorney Southern District af Florida ALEXANDER ACOSTA 90 NUE 4 Street UMTED STATES ATTORNEF Miami, FL 34102 (204) Oot-9/ 00. Telephone (JOS) F310-ad - Focrimile August 3, 2007 Dear Lilly: Thank you for your letter of August 2™ regarding your proposal on how to resolve the Epstein matter. As we explained at our meeting on July 31, 2007, the Office believes that the federal interest will not be vindicated in the absence of a two-year term of state imprisonment for Mr. Epstein. That offer was not meant as a starting point for negotiations, it is the minimum term of imprisonment that will obviate the need for federal prosecution, The Office has never agreed that a state prison sentence is not appropriate for Mr. Epstein. Rather we simply stated that if Mr. Epstein preferred to serve his sentence in a federal penctentiary, we would be willing to explore a federal conviction that may allow that in lieu of any state resolution. Further, as | made clear in our follow up telephone conversation after the meeting, a plea to two federal misdemeanors was never extended or meant as an offer. We also would reiterate that the agreement to Section 2255 liability applies to all of the minor girls identified during the federal investigation, not just the 12 that form the basis of an initial planned charging instrument. As you know, the ability to engage in flexible plea negotiations is dramatically changed upon the return of an indictment, Once an indictment is returned, the Office does not intend to file a Superseding Information containing a lesser charge or to dismiss the case in favor of state prosecution. 57 DOJ-OGR-00021257