EFTA00596632.pdf

EXHIBIT I EFTA00596632 fe/ JUN -30-2008(MON) '0:06 P.006/01 Iii RE: LNYESTIGATION OF JEFFREY EPSTELN Vfla..N,E1.2IMMISGELEMEC IT APPEARLNG that the City of Palm Beach Police Department and the State Attorney's Office for the 15th Judicial Circuit in and for Palm Beach County (hereinafter, the "State Attorney's Office') have conducted an investigation into the conduct of Jeffrey Epstein (k.i.inaftcr "Epstein'); IT APPEARING that the State Attorney's Office has charged Epstein by indictment with solicitation of prostitution, in violation of Florida Statutes Section 796.07; IT APPEARING that the United States Attorney's Office and the Federal BlIreat) of Investigation have conducted their own investigation into Epstein's background and any offenses that may have been committed by Epstein against the United States from in or around 2001 through in or around September 2007, including: (1) knowingly end willfully conspiring with others known and unknown to commit an offense against the United States, that is, to use a facility or means of interstate or foreign commerce to knowingly pcsuade, induce, or entice minor female to engage in prostitution, in violation of Title 18, United States Code, Section 2422(b); all in violation ofTitle 18, United States Code, Section 371; (2) knowingly and willfully conspiring with othersknown and unknown to travel in interstate commerce for the purpose of engaging in illicit socual conduct, as defined in 18 U.S.C. § 2423(1), with minor females, in violation of Tide 18, United States Code, Section 2423(b); all in violation ofTitle 18, United States Code, Section 2423(e); (3) using a facility or means of interstate or foreign C.O1111MCIte to knowingly persuade, induce, or entice minor females to engage in prostitution.; in viol etion cf Title 18, United States Cod; Sections 2422(b) and 2; (4) tmvcling in interstate commerce for the purpose of engaging in illicit sexual conduct, as defined in 18 U.S.C. § 2423(1), with minor females; in violation Page 1 of 7 EFTA00596633 of Title 18. United States Code, Section 2423(b); and (5) knowingly, in and affecting interstate and foreign commerce, recruiting, enticing, and obtaining by any means a person, las owing that the person bad not attained the age of 18 years and would be caused to engage in a commercial sex act as defined in 18 U.S.C. § 1591(CXI); in violation of isle 18, United States Code, Sections 1591(aXI) and 2; and APPEARING that Epstein seeks to resolve globally his state and federal criminal liability and Epstein tradastands and acknowledges that, in esebtmge for the benefits provided by this agreement, he agrees to comply with its terms, including undertaking certain actions with the State Attorney's Office; IT APPEARING, after an investigation of the offenses and Epstein's background by both State and Federal law enforcement agencies, and after due consultation with the State Attorney's Office, that the interests of the United States, the State of Florida, and the Defendant will be served by the following procedure; THEREFORE, on the authority of R. Alexander Acosta, United States Attorney for the Southern District of Florida, prosecution in this District for these offenses shall be deferred in favor of prosecution by the State of Florida, provided that Epstein abides by the following conditions and the requirements of this A,y„.04.4....ut set forth below. If the United States Attorney should determine, based on reliable evidence, that, during the period of the Agreement, Epstein willitilly violated any of the conditions of this Agreement, then the United States Attorney may, within ninety (90) days following the expiration of the term of home confinement discussed below, provide Epstein with timely at specifying the condition(s) of the Agreement that he has violated, and shall Initiate its prosecution on any offense within sixty (60) days' of giving notice of the violation. Any notice provided to Epstein pursuant to this paragraph shall be provided within 60 days ofthe United States learning of facts which may provide a basis for a &lamination of a breach of the Agreement After timely fulfilling all the tarns and conditions of the Agreement, no prosecution for the offenses set out on pages 1 and 2 of this Agreement, nor any other offenses that have been the subject of the joint investigation by the Federal Bureau of Investigation and the United States Attorney's Office, nor any offenses that arose from the Pedant Grand Jury investigation will be instituted in this District, and the charges against Epstein if any, will be dismissed. Page 2 of 7 EFTA00596634 4-30-2008(M0N) 10:06 Terms of the Agreement P. 008' 1. Epstein shall plead guilty (not nolo contendere) to the Indictment as currently pending against him in the 35th Judicial Circuit in and for Palm Beach County (Case No. 2006-cf-009495AXXXIvID) charging one (1) count of solicitation of prostitution, in violation of Fl. Stat § 796.07. In addition, Epstein shall plead guilty to an Information filed by the State Attorney's Office charging Epstein with an offense that requires him to register as offender, that is, the solicitation of minors to engage in prostitution, in violation ofFlorida Statutes Section 796.03; 2. Epstein shall make a binding recommendation that the Court impose a thirty (30) month sentence to be divided as follows: (a) (b) Epstein shall be sentenced to consecutive terms of twelve (12) months and six (6) months in county jail for all charges, without any opportunity for withholding adjudication or sentencing, and without probation or community control in lieu of imprisonment; and Epstein shall be sentenced to a term of twelve (12) months of community control consecutive to his two terms in county jail as described in Term 2(a), supra. 3. This agreement is contingent upon a Judge of the 15th Judicial Circuit accepting and executing the sentence agreed upon between the State Attorney's Office and Epstein, the details of which arc set forth in this agreement. 4. The terms contained in paragraphs 1 and 2, supra, do not foreclose Epstein and the State Attorney's Office from agreeing to recommend any additional charge(s) or any additional terra(s) of probation and/or incarceration. 5. Epstein shall waive all challenges to the Information filed by the State Attorney's Office and shall waive the right to appeal his conviction and sentence, except a sentence that ex s what is set forth in paragraph (2), supra. 6. Epstein shall provide to the U.S. Attorney's Office copies of all Page 3 of 7 EFTA00596635 1N-30-2008(110N) 10:06 proposed agreements with the State Attorney's Office prior to entering into those agreements. 7. The United States shall provide Epstein's attorneys with a list of individuals whom it has identified as victims, as defined in 18 U.S.C. § 2255, after Epstein has signed this agreement and been sentenced. Upon the execution of this agreement, the United States, in consultation with and subject to the good faith approval of Epstein's counsel, shall select an attorney representative forthese persons, who shall be paid for by Epstein. Epstein's counsel may contact the identified individuals through that representative. 8. If any of the individuals referred to in paragraph (7), supra, elects to file suit pursuant to 18 U.S.C. § 2255, Epstein will not contest the jurisdiction ofthe United States District Court forte Southern District of Florida over his person end/or the subject matter, and Epstein waives his right to contest liability and also waives his right to contest damages up to an amount as agreed to between the identified individual and Epstein, so long as the identified individual elects to proceed exclusively under 18 U.S.C. § 2255, and agrees to waive any other claim for damages, whether pursuant to state, federal, or common law. Notwithstanding this waiver, as to those individuals whose names appear on the list provided by the United States, Epstein's signature on this agreement, his waivers and failures to contest liability and such damages in any suit are not to be construed as an admission of any criminal or civil liability. 9. Epstein's signature on this agreement also is not to be construed as an admission of civil or criminal liability or a waiver of any jurisdictional or other defense as to any person whose name does not appear on the list provided by the United States. 10. Except as to those individuals who elect to proceed exclusively under 18 § 2255, as set forth in paragraph (8), supra, neither Epstein's signature on this agreement, nor its terms, nor any resulting waivers or settlements by Epstein arc to be construed as admissions or evidence of civil or criminal liability or a waiver of any jurisdictional or other defense as to any person, whether or not her name appears on the list provided by the United States. P 00c 11. Epstein shall use his best efforts to enter his guilty plea and be Page 4 of 7 EFTA00596636 1-30-2008(MON) 10:06 P.010/014 sentenced not later than October 26, 2007. The United States has no objection.to Epstein self-reporting_tohegia-sendngliasentmemnot later than January 4, 2008. 12. Epstein agrees that he will not be afforded any benefits with respect to gain time, other than the rights, opportunities, and benefits as any other inmate, including but not limited to, agile-lily for gain time credit based on standard rules and regulations that apply in the State of Florida_ At the United States' request, Epstein agrees to provide an accounting of the gain time be earned during his period of incarceration. 13. The patties anticipate that this agreement will not be made pert of any public record. If the United States receives a Freedom of Information Act request or any compulsory process commanding the disclosure of the agreement, it will provide notice to Epstein before making that disclosure. Epstein understands that the United States Attorney has no authority to require the State Attorney's Office to abide by any teams of this agreement Epstein nadentands that it is his obligation to undertake discussions with the State Attorney's Office and to use his best efforts to ensure compliance with these procedures, which compliance will benecessary to satisfy the United Slates' interest Epstein also understands that his his obligation to use his best efforts to convince the Judge of the 15th Judicial Circuit to accept Epstein's binding recommendation regarding the sentence to be imposed, and understands that the blue to do so will be a breach of the agreement. In consideration ofEpstein's agreement to plead guilty and to provide compensation in the manner described above, if Epstein successfully fulfills all of the terms and conditions ofthis agreement, the United States also agrees that it will not institute any • • es • Edn a an potential co-conspi E stein including but not limited Lesley Groff; Further, upon at S agreement an a plea agreement with the State Attorney's Office, the federal Grand Jury investigation will be suspended, and all pending federal Grand Jury subpoenas will be held in abeyance unless and until the defendant violates any term of this agreement. The defendant likewise agrees to withdraw his pending motion to intervene and to quash certain grand jury subpoenas. Both parties agree to maintain their evidence, specifically evidence requested by or directly related to the grand jury subpoenas that have been issued, end including certain computer equipment, inviolate until all of the terms of this agreement have been satisfied_ Upon the successful completion of the terms of this agreement, all outstanding grand jury subpoenas shall be deemed withdrawn. Page 5 of 7 EFTA00596637 IN-30-2008O401O 10:06 P. 011/01a By signing this agreement, Epstein asserts and calif= that each of these terms is material to this agreement and is supported by independent consideration and that a breach of any one of these conditions allows the United States to elect to teuninate the agreement and to investigate and prosecute Epstein and any other individual or entity for any and all federal offenses. By signing this agreement, Epstein asserts and certifies that he is aware of the fact that the Sixth Amendment to the Constitution of the United States provides that in all criminal prosecutions the accused shall enjoy the right to a speedy and public trial. Epstein Anther is aware that Rnle 48(b) of the Federal Rules of Criminal Procedure provides that the Court may diem las an indictment, information, or complaint for tmnecessary delay in pcsentin,g a charge to the Grand Jury, filing an information, or in bringing a defendant to trial. Epstein hereby requests that the United States Attorney forthe SouthernDistrict ofFlorida defer such prosecution. Epstein agrees and consents that any delay from the date of this Agreement to the date of initiation of prosecution, as provided for in the terms expressed herein, shall be deemed to be a necessary delay at his own request, and he hereby waives any defense to such prosecution on the ground that such delay operated to deny him rights under Rule 48(b) of the Federal Rules ofCriminal Procedure and the Sixth Amendment to the Constitution oftbe United States to a speedy trial or to bar theprosecution byreason of the running of thestanite of limitations for a period of months equal to the period between the signing of this agreement and the breach of this agreement as to those offenses that were the subject of the grand jury's investigation. Epstein further assert and certifies that he understands that the Fifth Amendment and Rule 7(a) of the Fetal Rules of Criminal Procedure provide that all felonies must be charged in an indictment presented to a grand jury. Epstein hereby agrees and consents that, if a prosecution against him is instituted for any offense that was the subject ofthe grand jury's investigation, it may be by way °fanInformation signed and filed by the United States Attorney, and hereby waives his right to be indicted by a grand jury as to any such offense. /// /11 1/ Pzgc 6 of 7 EFTA00596638 MN-30-2008(MM 10:06 By signing this agreement, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he understands the conditions of this Non- Prosecution Agreement and agrees to comply with them. Dated: Dated: 74/ 39- Dated: Dated: BY: It ALEXANDER A-COSTA UNITED STATES ATTORNEY k MARIE ITJLLAFAINAA ASSISTANT U.S. ATTORNEY GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN IILLY ANN SANCTI:6Z ESQ. ATTORNEY FOR JEFFF,EY EPSTEIN "13 p P.012/0 Page? of 7 EFTA00596639