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Case 22-1426, Document ON TAL 3536038, Page143 of 258 Case 1:20-cr-00330-AJN Document 204-3 Filed 04/16/21 Page 141 of 348 for up to 12 hours per day, six days per week, to work at the “Florida Science Foundation” office in West Palm Beach.'*? In mid-November 2008, Villafafia learned that Epstein was on work release. She notified Acosta, Sloman, and the USAO Criminal Division Chief of this development in an email, and asked, “Can I indict him now?” On November 24, 2008, Villafafia sent defense attorney Black a letter, notifying him that the USAO believed Epstein’s application to and participation in the work release program constituted a material breach of the NPA. Villafafia reminded Black that she had “more than a dozen e-mails” expressing the USAO’s “insistence” that Epstein be incarcerated for 18 months, and that her June 27, 2008 letter to counsel made clear that this meant “confinement for twenty- four hours a day.” Villafafia noted that Goldberger had not inserted the word “imprisoned” into the plea agreement, as he had agreed to do, but instead inserted the term “jail sentence.” Villafafia told counsel: The [USAO’s] Agreement not to prosecute Mr. Epstein was based upon its determination that eighteen months’ incarceration (i.e., confinement twenty-four hours a day) was sufficient to satisfy the federal interest in Mr. Epstein’s crimes. Accordingly, the U.S. Attorney’s Office hereby gives notice that Mr. Epstein has violated the [NPA] by failing to remain incarcerated twenty-four hours a day for the eighteen-month term of imprisonment. The United States will exercise any and all rights it has under the [NPA] unless Mr. Epstein immediately ceases and desists from his breach of this agreement. According to Villafafia, the FBI case agent spoke with the Stockade’s work release coordinator and reported back that that the work release coordinator told her he had been led to believe the government knew Epstein had applied for the program, and that he had been threatened with legal action if he did not allow Epstein to participate in work release. On November 26, 2008, the USAO advised the Department that Acosta was recused from all matters involving the law firm of Kirkland & Ellis, which was still heavily involved in the Epstein case, because Acosta was discussing with the firm the possibility of employment.’ Asa result, Sloman became the senior USAO official responsible for making final decisions related to Epstein. Also on November 26, 2008, Black responded to Villafafia’s letter, acknowledging that Epstein was serving his sentence in the Palm Beach County Work Release Program, but denying that Epstein was in breach of the NPA.'** Black noted that the NPA did not prohibit work release; the NPA expressly provided that Epstein was to be afforded the same benefits as any other inmate; 182 Michele Dargan and David Rogers, “Palm Beach sex offender Jeffrey Epstein ‘treated differently,’”” Palm Beach Daily News, Dec. 13, 2008. tse The recusal was formally approved by the Department on December 8, 2008. a oy 664 184 Black forwarded the email to Sloman, noting that Villafafia “is very concerned about anything Epstein does” and that the defense team would “abide by” Sloman’s decision on the issue. 115 DOJ-OGR-00021315