DOJ-OGR-00021276.jpg

Case 22-1426, Document ON 102 3536038, Page104 of 258 Case 1:20-cr-00330-AJN Document 204-3 Filed 04/16/21 Page 102 of 348 G. Villafafia and Lourie Recommend Ending Negotiations, but Acosta Urges That They “Try to Work It Out” In the late afternoon of Wednesday, September 19, 2007, Villafafia expressed her increasing frustration to her supervisors. She emailed the defense redline version of the plea agreement to Lourie and the incoming West Palm Beach manager, identifying all of the provisions she had “specifically discussed with [the defense team] and rejected, that they have re-inserted into the agreement.” (Emphasis in original). Villafafia opined, “This is NOT good faith negotiations.” Lourie responded that he would “reach out to Alex to discuss.” Lourie immediately emailed Acosta the following: I looked at the latest draft from Jay [Lefkowitz] and I must agree with Marie. Based on my own conversations with him, his draft is out of left field. He claims to orally agree to our terms and then sends us a document that is the opposite. I suggest we simply tell him that his counter offer is rejected and that we intend to move forward with our case. Acosta replied: Why don’t we just call him. Tell him l. You agree, and then change things. 2. That’s not acceptable, and is in bad faith. Stop it or we’ll indict. 3. Try to work it out. It seems that we are close, and it[’]s worth trying to overcome what has to be painfully . . . annoying negotiating tactics. Acosta explained to OPR that he recognized, [t]his negotiation was a pain, but if it was the right position, the fact that you’ve got annoying counsel on the other side doesn’t it make it less of a right position. You tell them stop being annoying, you try to work it out, and if not, then you indict. In response to Acosta’s instruction, Lourie responded, “Ok will do.” He also forwarded to Acosta the latest version of the USAO draft “hybrid” plea agreement that Villafafia had sent to Lefkowitz the previous day, which Lourie had requested and obtained from Villafafia earlier that afternoon. Meanwhile, Villafafia sent to Lourie and his successor West Palm Beach manager a draft message she proposed to send to Lefkowitz with her objections to the defense revisions, explaining, “I know that you keep saying he is going to plead, and he will plead if we cave on 76 DOJ-OGR-00021276