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Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 98 of 348 we go that route, would you intend to make the deferred [sic] prosecution agreement public?” Villafafia replied that while a federal plea agreement would be part of the court file and publicly accessible, the NPA “would not be made public or filed with the Court, but it would remain part of our case file. It probably would be subject to a FOIA [Freedom of Information Act] request, but it is not something that we would distribute without compulsory process.”!'© Villafafia told OPR that she believed Epstein did not want the NPA to be made public because he “did not want people to believe him to have committed a variety of crimes.” As she explained to OPR, Villafafia believed the NPA did not need to be disclosed in its entirety, but she anticipated notifying the victims about the NPA provisions relating to their ability to recover damages. E. The Parties Appear to Reach Agreement on a Plea to Federal Charges Negotiations continued the next day, Tuesday, September 18, 2007. Responding to Villafafia’s revised draft of the NPA, Lefkowitz suggested that Epstein plead to one federal charge with a 12-month sentence, followed by one year of supervised release with a requirement for home detention and two years of state probation, with the first six months of the state sentence to be served under community control. Villafafia replied, “I know that the U.S. Attorney will not go below 18 months of prison/jail time (and I would strongly oppose the suggestion).” Shortly thereafter, Villafafia emailed Acosta, Lourie, and the incoming West Palm Beach manager: Hi all — I think that we may be near the end of our negotiations with Mr. Epstein, and not because we have reached a resolution. As I mentioned yesterday, I spent about 12 hours over the weekend drafting Informations, changing plea agreements, and writing factual proffers. I was supposed to receive a draft agreement from them yesterday, which never arrived. At that time, they were leaning towards pleading only to state charges and doing all of the time in state custody. Late last night I talked to Jay Lefkowitz who asked about Epstein pleading to two twelve-month federal charges with half of his jail time being spent in home confinement pursuant to the guidelines. I told him that I had no objection to that approach but, in the interest of full disclosure, I did not believe that Mr. Epstein would be eligible because he will not be in Zone A or B.'!’ This morning Jay Lefkowitz called and said that I was correct but, if we could get Mr. Epstein down to 14 months, then he thought he would be eligible. My response: have him plead to two separate Informations. On the first one he gets 12 months’ imprisonment and on the second he gets IG FOIA requires disclosure of government records upon request unless an exemption applies permitting the government to withhold the requested records. See 5 U.S.C. § 552. 7 Sentences falling within Zones A or B of the U.S. Sentencing Guidelines permit probation or confinement alternatives to imprisonment. 72 DOJ-OGR-00003274