EFTA00724323.pdf

J. MICHAEL BURMAN. P.A." GREGORY W. COLEMAN. PA. ROBERT D. CRITTON. JR. PA. BERNARD A. FEBEDEKER. MARK T. LUTTIER. PA. MICHAEL J. PIKE MICHAEL L. SCHEVE DEAN T. XENICK DAVID A YAREMA 'FLORIDA BOARD CULTIFJID CIVIL -TRIAL LAWYER ;ADMITTED TO PRACTICE IN FLORIDA AND COLORADO BURMAN. CRITTON LUTTIER&COLEMAN.LLP YOUR TRUSTED ADVOCATES A LIMITED LIABILITY PARTNERSHIP September 9, 2010 PERSONAL AND CONFIDENTIAL Sent by E-Mail and U.S. Mail William Riley Re: Epstein Matter Dear Bill: ADELE/VI J. BENAVENTE PARALEGAL/INVESTIGATOR JESSICA CADWELL BOBBIE M. MCKENNA ASHLIE STOREN-BARING BETTY STOW PAML (GALS RITA Ii. BUDNYK Of COUNSEL EDWARD M. RICCI Of COUNSEL I am enclosing a copy of a letter sent by me to Jack Goldberger dated August 19, 2010 and signed by both Jack Goldberger and Jeffrey Epstein on September 2nd. As you will see from the content of the letter, Jack is now taking over responsibility for direction and supervision of you with respect to personal items belonging to Jeffrey that are in your possession Will you please sign below, acknowledging receipt of this letter. Keep one for yourself and put a copy of the letter with your signature acknowledging receipt to both Jack and myself. I hope that you are continuing to recover from your physical injuries as well as your emotional losses. The very best to you, Bill. RDC/clz Cordially y Robert e. Critton, Jr. PHONE: • FAX: WWW. BC LC LAW.COM EFTA00724323 September 9, 2010 Page 2 cc: William Richey, Esq. Jack Goldberger, Esq. Jeffrey E. Epstein Lilly Ann Sanchez, Esq. Jerry Lefcourt, Esq. I have read the above letter and its enclosures and agreed and understand my ongoing obligation to maintain Mr. Epstein's personal items inviolate until all terms of the Non-Prosecution Agreement have been satisfied and I have been advised of same by Jack Goldberger. William Riley Date EFTA00724324 BURMAN, CRITTON LUTTIER&COLEMAN, LLr YOUR. TRUSTED ADVOCATES A LIMITED LIABILITY PARTNERSHIP I. MICHAEL SURMAN. PA° GREGORY W. COLEMAN, PA. ROBERT D. CRITION. ILL PA.' BERNARDA. LEMDEXER LUTTIER. PA MICHAEL). PIM MICHAEL L SCHEVE DEAN T. XINICK DAVID A YALLEHA 'FLORIDA IOMEICERTMED CWIL TRIAL LAWYER 2ADWITED TO MACTlal IN ROMA AND COLORADO August 19, 2010 Sent by E-mail and U.S. Mail Jack A. Goldberger, Esq. u Gol b r & Weiss P.A. Re: Epstein Matter Dear Jack: ADELQui ). BINMENTE PARAiMmimwsimArot JESSICA CADWILL BOBBIE M. MCKENNA AMIDE STOKEN-BARING BETTY STOKES PARALEGALS RITA H. BuDNYX OF COUNSEL EDWARD M. RICCI Of COUNSR This letter is in response to your request to take over direction and supervision of Bill Riley with respect to personal items belonging to Jeffrey Epstein that are in Bill's possession. Becau e tential additional litigation and ongoing claims (including Mr. Edwards' claim), there is a possibility that Bill will be subpoenaed for production of e revs personal items, and that you need to be able to direct and supervise Bill to defend the Issues arising out of this subpoena. I will transfer direction and supervision of Bill, but only under the strict terms of the non-prosecution agreement. Those terms require that all property belonging to Jeffrey that is in Bill's possession remain inviolate until all the terms of the non- prosecution agreement are satisfied. I am enclosing a copy of the non-prosecution agreement so you can refer to it. As you know, during the federal investigation of Jeffrey, the grand jury issued a subpoena to Bill for Jeffrey's personal property, including computers. The subpoena was pending when the federal matter was resolved and the non-prosecution agreement signed on September 24, 2007. Page five of the non-prosecution agreement provides that upon its execution and upon Jeffrey's guilty plea in the state case, "the federal grand jury investigation will be suspended, and all pending federal grand jury • PHONE: • PAX • MAIL#BCLCLAW.COM WWW.BCLGLAW.COM EFTA00724325 August 19, 2010 Page 2 subpoenas will be held in abeyance unless and until the defendant violates any terms of this agreement." Also on page five of the non-prosecution agreement, "both parties agree to maintain their evidence, specifically evidence requested by or directly .related to the grand jury subpoenas that have been issued, and including certain computer equipment, inviolate until all of the terms of this agreement have been satisfied." The government agreed that "upon the successful completion of the terms of this agreement, all outstanding grand jury subpoenas shalt be deemed withdrawn." By taking over direction and supervision of Bill, you will be responsible for ensuring that all of Jeffrey's personal property in Bill's possession remains inviolate during the terms of the non-prosecution agreement. It is in Jeffrey's best interest to give the non-prosecution agreement the strongest possible consideration to ensure that all items remain inviolate and that no opportunity is given for the government to claim a breach of the agreement. • I ask that you and Jeffrey sign In the space provided below to acknowledge that you understand and agree to all the terms in this letter. I have copied Lilly Ann Sanchez and Jerry Lefcourt because they signed the non-prosecution agreement with the government as counsel for Jeffrey. Once I receive your signatures, I will forward a copy of the signed letter to Bill Riley and will confirm with you transfer over Bill's Supervision. Cordially y4trs, Date: 9 (-7-- ho Date: git/(a Je Cc: Lilly Ann Sanchez, Esq. Jerry Lefcourt, Esq. Jeffrey E. Epstein William Riley do William Ritchey P tton, Jr. EFTA00724326 WEE: INVESTIGATION OF JEFFREY EPSTEIN NON-PROSECIITON AGREEMENT IT APPEARING that the City of Paim Beach Police Department and the State Attorney's Office for the 15th Judicial Circuit in and for Palm Beach Comity (hereinafter, the "State Attorney's Office") have conducted an investigation into the conduct of Jeffrey Epstein (beninatter "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 theUnited States Attorney's Office mite Federal Bureau 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 &Omuta 2007, including; (I) knowingly and 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 =amerce to knowingly persuade, induct, or entice minor females to engage inwestindion, in violation of Title 18, United States Code,, Section 2422(b); all in violation ofTdle I8,United States Code, Section 371; (2) knowingly and wilifullyconspiring with others known and unknown to travel in itterstatecommerce for thepurnose ofengaging in illicitsexual conduct, as defined in 18 U.S.C. (i 2423(1), with minor females, in violation of Title 18, U ar'tedStates Code, Section 2423(b); all inviolation oflitle 18, United States Code, Section 2423(e); (3) using a facility or means of interstate or foreign commerce to knowingly persuade, induce, or entice minor females to engage in prostitution; in violation oft& 18, United States Code, Sections 2422(b) and 2; (4) traveling in interstate commerce for the purpose of engaging in illicit sexual conduct as defined in 18 U.S.C. f 2423(f), with minor females; in violation Page 1 of 7 EFTA00724327 of Title 18, United Stites Code, Section 2423(b); and knowingly, in and affecting interstate and foreign commerce, recruiting, enticing, and obtaining by any means a person, knowing 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(eX1); in. violation ofritle 18, United States Code, Sections 1591(a)(1) and 2; and rr APPEARINGthat Epstein seeks to resolve globally his state and federal caiminal liability and Epstein understands and acknowledges that, in exchange for the benefits provided by this agreement, he agreesto 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 backgroundby both Stale 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; TE0BEFORE, 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 defected in favor of prosecution by the State ofFlorida, provided that Epstein abides by the following conditions and the requirea:nents of this Agreement set forth below. If the United States Attorney should determine, based on reliable evidence, that, during the period of tbe Agreement, Epstein willfully 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 notice specifybag the condition(s)ofttheAgreemant *lathe 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 of the United States leaning effects wisichmay provide a basisfor a determinant of a breach of the Agreement After timely fulfilling all the terms and conditions of the Agreement, no prosecution for the offenses set out on pages 1 and 2 of this Agreement, nor any other offenses thatbave 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 Federal Grand Jury investigationwill be instituted in this District, and the charges againstEpstein if any, will be dismissed. Page 2 of 7 EFTA00724328 Teams of the Agreement 1. Epstein shall plead guilty (not nolo contendere) to the Indictment as currently pending against him in the 15th Judicial Circuit in and for Palm Beach County (Case No. 2006-cf-009495ANIX193) charging one (1) count of solicitation of prostitution, in violation of FL Stat. § 796.07. In adrlirien Epstein shall plead guilty to anInformation filed by the State Attorney's Office charging Epstein with an offense that requires him to register as a sex offender, that is, the solicitation of minors to engage in prostitution, inviolation 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) Epstein shall be sentenced to consecutive terms of twelve (12) months and six (6) months in comfy jail for all charges, without any opportunity for withholding adjudication or sentencing, and withovt probation or community control in lieu of imprisonment; and (b) Epstein shall be sentenced to ate= 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 ofwhich are 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 term(s) of probation and/or incarceration. 5. Epstein shall waive all challenges to the Information filed by the State Attorney's Offices:ad shall waivelite right to appeal his conviction and sent-nee; except a sentence that exceeds 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 EFTA00724329 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 senesced. Upon the execution of this agreement, theUnited States, in consultation with and subject to the good faith. approval of Epstein's counsel, shall select an attonmyrepresentstiveforthesepersons, who shall bepaid for by Epstein. Epstein's counsel may contact the identified individuals *rough that representative. 8. If any of the individuals referred to in paragraph (7), supra, elects to file suit pursuant to 18 § 2255, Epstein will not contest the jurisdiction ofthe United StatesDin:dot Court forgot SoutheniDistrict ofFlorida overhis person and/or the subject matte"; and Epstein waives bis rightto contestliability and also waives his rightto 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 fixdamages, whether pursuant to state, federal, or common law. Thytwithdanding this waiver, as to those individuals whose names appear on the list provided by theUnited States, Epstein's signal= 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 U.S.0 § 2255, as set forfh inparagraph (8), supra, neitherEpstein's signature on this agreement, nor its terms, nor any resulting waivers or settlements byEpstein are 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. 11. Epstein shall use his best efforts to enter his guilty plea and be Page 4 of 7 EFTA00724330 sentenced not later than October 26, 2007. The United States has no oltpetistp tr. P . rin tellf-entrreting n begin cerubig hi, wonteitoe not later than January 4, 2008. • 12. Epstein agrees that he will not be afforded any benefits with respect to gain time, other than therights, opportunities, and benefits as any other inmate, including but not limited to, divinity 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 according of the gain time he earned during his period of incarceration_ 13. Thepatties anticipate that this agreement will not be made put 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 authcaity to ramire the State Attorney's Office to abide by any tons of this agreement Epstein understands that it is his obligation to undertake discussions with the State Attorney's Office and to use his best efforts to ensue oomph ancewithtbese procedures, which compliancewillbeneeneary to satisfy the United States' interest Epstein also understands that it is his obligation to use his best efforts to convince the Judge of the 15th Judicial Circuit to acceptEpstein's binding recommendation regarding the se-no-err to be imposed, and understands that the failure 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, ifEpstein successfully fulfills all of the terms and conditions ofthis agreement, the United States also agrees that it will not institute any ' ' Farther execution of this gifilidainfariailla "1"3 :uPo liminted agreement and 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, apeuifically evidence requested by or directly related to the grand jury subpoenas that have been issued, and including certain computer equipment, inviolateuntil all of the terms ofthis 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 EFTA00724331 By signing this agreement, Epstein asserts and certifies that each of these terns Ls 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 cleat) terminate the agreement and to investigate and prosecute Epstein and any other individual or entity for any and all federal offenses. By signing this agreeinent, 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 hiaL Epstein !rather is aware that Rule 48(b) of the Federal Rules of Criminal Procedure provides that the Court niay dismiss an indictment, information, or complaint for =necessary delay in presenting a charge to the Grand hay, filing an information, or in bring:mg a defended to trial. Epstein hereby requeststbat theUnited States Attorney for the Southern District ofFlorida &fern:eh prosecution. Epstein agrees and consents that any delay from the data of this Agreement to the date of initiation of prosecution, as provided for in the teams expressed herein, shall be deemed to be anecessary delay at his own request, and hehereby 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 ofCrininal Procedure and the Sixth:Amer:dm eatto the Constitution ofthe United. States to a speedy trial ate bar the prosecution by reason of the =nit% of the statute of il'mitations 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 farther asserts and certifies that he understands that the Filth Amendment and Rule 7(a) of the Federal Rules of Criminal Procedure provide that all Monies must be charged in an indictment presetded to a grand jury. Epstein hereby agrees and consents that, if a prosecution against him is instituted for any offense that was the subject of the grand jury's investigation, itmaybe byway of =Iran:motion signed runiftled by the United States Attorney, and hereby waives his right to be indicted by a grand jury as to any such offense, Page 6 of 7 EFTA00724332 By signing this agreesnent, Epstein asserts and certifies that the above has been read end explainedtohim. Epsteinhereby states lbat maim:stands the cow:aims oftbis Non- Prosecution Agreement and agrees to comply with them. R. ALEXANDER.ACOSTA UNITED STATES ATTORNEY Dated: By: Dated: 77P/09-- Dated: Dated: A- MARTS VILLAFARA. ASECESTANT U.S. ATTORNEY GERALD LUSO:TORT, ESQ. COUNSEL TO B3E1MEY TRSTEIN TALLYARN SANCHEZ, ESQ• ATTORNEY-FOR JEFFREY EPSTEIN Pogo 7 of 7 s. EFTA00724333 By signing this agreement RinseAn asserts and cealites that the above has been read and explained to him. Epstein hereby slates that he understands the conditions of this Non- Prosecution Agreement and agrees to comply with them R. ALEXANDER. ACOSTA turrED STATES ATTORNEY Dated: By: Dated: Dated: 7 /9-4107 Dated: A. MARIE VELAITARA. ASSISTARTUS. ATTORNEY LILLY ANN SA.NCSEZ, ESQ. ATTORNEY PM IIIEFICEY EPSTEIN Page 7 of 7 EFTA00724334 By signing this agreement, Epstein asserts and certifies that the above has been read stud explained to hint Epstein heathy stases tbat he Tin:denim:ids the condilions of thisblon- Prosecution Agteement and- agrees to comply with Oscm. R.. ALEXANDER ACOSTA UNLCED STATES ATTORNEY Dated: By: A. MARTS VICLAPARA ASSISTANT U.S. ATTORNEY Dated: JEFFREY EPSTEIN Dated: GERALD LETICOURT, ESQ. COUNSEL TO MOREY EPSTEIN Datc,d9—AII-69— ESQ. ATTORNEY FOR. JEFFREY BPSTBZN Page 7 of 7 EFTA00724335 EN ItEr INVESTIGATION of JEFFREY YYSTEIN Anmammtrro TAE NON-ritoszaratin AGKEEKRTE IT APPEARING that the parties sale to clarify certain provisions of page 4, paragraph 7 of the Non-Prosteution Agreement (beteirtaffeerseramaph 71, that agreement is modified as follows: 7A. TheUnited States has Melted to assign to an independent third-party the responsibility for consulting with anktmbject to the good faith approval of Epsttin's counsel, sc./toting the attorney representative for the badivIdasals identified andtribe Agreement. If tic United States elects to assign this responsibility to an Indtpendent third-patty, both the United States and Epstein retain the right to mate good Bah objections to the attorney representative suggested by the independent third-party prior to the final designation of the attorney representative. 713. The parties will jointly prepare a short written rabmission to the independent third-party regarding the role otthe attorney representative and regarding Epstein's Agreement to pay such attorney representative his or her regular customary hourly rate for representing sods victims sake* to the provisions of paragraph C, infra. 7C. Pursuant to additional pangrania7A,Epsein has agreed to pay the fetes of the attorney rqflestatative selected by the independent third party. This provision, 'smolt, shall not obligate Epstein to pay the fees and eats of attested litigation filed against bin Thus, ifafter consideration of potentialsenleaserts, an attnany representative elect to file a contested !swath pursuantto It U.S.C. s 2255 or elects to pins-ao any Other contested remedy, the paragraph 7 obligation of the Agreement to pay the coats of tbe attorney representative, es opposed to any statutory or other obligations to pay reasonable attorneys fees and costs such as those contained ins 2255 to bear the costs of the attorney representative, shall cease. EFTA00724336 By signimtliis Addinagml, 'Epstein asserts and certifies that the above has been mad and etplairred tA. fait- .gpsteln. heal* states that he understands the clarifications to the Noll- Prosecatiorrageetnentiota 51UbtS tic. comply with them_ Auxbuncosv, wzrosTATtis Arrafthn tided: ni; l its7 Dated: Dated: . By: ty'f f ichAtie t-sA--- M&tck IQ A. MARIE nurAnk ASSISTANT U.S. ATTORNEY GERALD LEECOVICI, ESQ. COUNSrsL TO lEFE103YEPSTEttsi 1.37.2X ANN RANCEIE4 ESQ- AITORITEY POR JEFFREY BISTICEN EFTA00724337 By signing this Addendum, Epstein assarts and certifies that the above has been rend and explained to him. Epstein hereby states that be undershmds the clarifications to the Non- Protecudon Agreentut and agrees to cowp)y with them. IL ALEXANDER AQOSTA UNTIED STATES ATTORNEY Dated: /D40/D7 Dated: Dated: By: YIY" 2.16 /1041 121 intl 4 A. MARIE WOG LAFANA ASSISTANT U.S. ATTORNEY LILLYANN SANaE3Z, ESQ. ATTORNEY FOR JEFFREY EPSTEIN EFTA00724338 it By signing this Addendum, Epstein asserts and catiZes Unit the above les boat read and explained to bins. Einstein hereby states that be node:islands the clarifications to the Non- Proscoutioa Agreement and agrees to comply with them. De& /0 Dieke7. • Dated: Dated: Dated: R. ALEXANDER ACOSTA UNTIED STATES ATTORNEY Br MARIE ARA ASS/STANT US. ATTORNEY MERRY EPSTEIN GERALD LEPCOORT, ESQ. COUNSEL TO JEFFREY ERMAN LILLY (MEZ. ES • ATTORNEY FOR JEFFREY EP STEIN EFTA00724339