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Case 22-1426, Document 77, 107 3536038, Page109 of 258
Case 1:20-cr-00330-AJN Document 204-3 Filed 04/16/21 Page 107 of 348
federal court. Sloman similarly said that he had the impression that the non-prosecution provision
was meant to protect named co-conspirators who were also victims, “in a sense,” of Epstein’s
conduct. Although later press coverage of the Epstein case focused on Epstein’s connection to
prominent figures and suggested that the non-prosecution provision protected these individuals,
Sloman told OPR that it never occurred to him that the reference to potential co-conspirators was
directed toward any of the high-profile individuals who were at the time or subsequently linked
with Epstein.!?° Acosta did not recall the provision or any discussions about it. He speculated
that if he read the non-prosecution provision, he likely assumed that Villafafia and Lourie had
“thought this through” and “addressed it for a reason.” The West Palm Beach manager, who had
only limited involvement at this stage, told OPR that the provision was “highly unusual,” and he
had “no clue” why the USAO agreed to it.
Villafafia told OPR that, apart from the women named in the NPA, the investigation had
not developed evidence of “any other potential co-conspirators. So, ... we wouldn’t be
prosecuting anybody else, so why not include it? ... I just didn’t think that there was anybody
that it would cover.” She conceded, however, that she “did not catch the fact that it could be read
as broadly as people have since read it.”
K. The USAO Rejects Defense Efforts to Eliminate the Sexual Offender
Registration Requirement
On the afternoon of Friday, September 21, 2007, State Attorney Krischer informed
Villafafia that Epstein’s counsel had contacted him and Epstein was ready to agree “to all the
terms” of the NPA—except for sexual offender registration. According to Krischer, defense
counsel had proposed that registration be deferred, and that Epstein register only if state or federal
law enforcement felt, at any point during his service of the sentence, that he needed to do so.
Krischer noted that he had “reached out” to Acosta about this proposal but had not heard back
from him. Villafafia responded, “I think Alex is calling you now.” Villafafia told OPR that, to her
knowledge, Acosta called Krischer to tell him that registration was not a negotiable term. !”°
Later that afternoon, Villafafia emailed Krischer for information about the amount of “gain
time” Epstein would earn in state prison. Villafafia explained in her email that she wanted to
include a provision in the NPA specifying that Epstein “will actually be in jail at least a certain
number of days to make sure he doesn’t try to ‘convince’ someone with the Florida prison
authorities to let him out early.” Krischer responded that under the proposal as it then stood,
Epstein would serve 15 months. He also told Villafafia that a plea to a registrable offense would
not prevent Epstein from serving his time “at the stockade”— the local minimum security detention
facility. !?”
1s Sloman also pointed out that the NPA was not a “global resolution” and other co-conspirators could have
been prosecuted “by any other [U.S. Attorney’s] office in the country.”
126 Krischer told OPR that he did not recall meeting or having interactions with Acosta regarding the Epstein
case or any other matter.
ll The State Attorney concluded his email: “Glad we could get this worked out for reasons I won’t put in
writing. After this is resolved I would love to buy you a cup at Starbucks and have a conversation.” Villafafia
responded, “Sounds great.” When asked about this exchange during her OPR interview, Villafafia said: “Everybody
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| Filename | DOJ-OGR-00021281.jpg |
| File Size | 973.6 KB |
| OCR Confidence | 94.2% |
| Has Readable Text | Yes |
| Text Length | 3,742 characters |
| Indexed | 2026-02-03 20:09:51.391809 |