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LILLY ANN SANCHEZ, Esq. AuGusT 3, 2007 PAGE 2 Please let us know yourclient’s decision by no later than August 17. [have conferred with U.S. Attorney Acosta who has asked me to communicate that the two-year term of incarceration is a non-negotiable minimum to vindicate a federal interest, and, at this time, he is not inclined to meet with counsel for Mr. Epstein. Sincerely, R. Alexander Acosta United States Attorney B OO OW Matthew Menchel Chief, Criminal Division cc: Roy Black Gerald B. Lefcourt R. Alexander Acosta Jeffrey Sloman Andrew Louric A. Marie Villafafia Menchel told OPR that in his view, the two-year sentence established a “floor” for negotiations and if Epstein rejected the offer, subsequent offers would require him to accept more jail time rather than less. Menchel told OPR that the USAO was “leaving our options open” by retaining the option of a federal plea because he thought the defense was “trying . . . to get him into a federal penitentiary.” The letter’s deadline of August 17, 2007, for acceptance of the government’s offer was intended to accommodate Villafafia’s request that the deadline provide her with enough time to go to New York, pursue investigative steps involving two of Epstein’s assistants, do witness interviews, and take additional legal steps to obtain Epstein’s computers if Epstein rejected the deal. Menchel told OPR he considered August 17 to be a firm deadline: “[I]f you tell someone they have two weeks, it should be two weeks.” Menchel signed and sent the letter on Friday, August 3, 2007, which was his last day at the USAO before joining a private law firm.” The following Monday, August 6, 2007, Villafafia contacted Menchel by email at his new firm to inquire whether the letter to Epstein’s counsel had gone out on Friday. Villafafia explained 92 Menchel told OPR that the timing of the letter to Sanchez was a “total coincidence,” and had nothing to do with his impending departure from the USAO. 58 DOJ-OGR- 00023096