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oo™ JAY P. LEFKOWITZ, ESQ. May 19, 2008 PAGE 3 OF 6 of the guilty plea and sentence no later than October 26, 2007; and (5) the start of the above- mentioned sentence no later than January 4, 2008. Furthermore, and significantly, Epstein agreed that he had the burden of ensuring compliance of the Agreement with the Palm Beach County State Attorney’s Office and the Judge of the 15 Judicial Circuit and “that the failure to do so will be a breach of the agreement” (emphasis added). Post-Execution of the Agreement Within weeks of the execution of the Agreement, you sought to delay the entry of Epstein’s guilty plea and sentence. After the SDFL agreed to accommodate your requést, counse/ for Epstein began taking issue with the methodology of compensation, notification to the victims, and the issues that had been previously considered and rejected during negotiations, i.e., that the conduct does not require registration and the contemplated state and federal statutes have no applicability to the instant matter. , A. Delay. The Agreement required that “Epstein shall use his best efforts to enter his guilty plea and be sentenced not later than October 26, 2007. The United States has no objection to Epstein self- reporting to begin serving his sentence not later than January 4, 2008.” Agreement, pages 4-5, paragraph | 1 (emphasis added). After the Agreement was executed, the SDFL accommodated your request to extend the October 26th plea deadline to November 20" based upon, what seemed to be, reasonable scheduling conflict issues.' By early November, you represented that the presiding state court judge would not “stagger the plea and sentencing as contemplated in the Agreement.” Although the Agreement clearly did not contemplate a staggered “plea and sentencing,” the SDFL again agreed to accommodate Epstein’s request to appear in state court for plea and sentencing on January 4, 2008.” ' “Accordingly, I have now confirmed with Mr. Epstein's Florida counsel that the state's attorney's office and the court will be available to have him enter his plea on November 20. So we will plan to proceed on one that date.” October 18, 2007 email from Jay Lefkowitz to USA R. Alexander Acosta. ° On the same day, Mr. Lefkowitz confirmed with First Assistant Jeffrey H. Sloman that this postponement “ will not affect when Epstein begins serving his sentence.” Correspondence from Jay Lefkowitz to FAUSA Sloman dated November 8, 2007 (“the judge has invited the parties to appear for the plea and sentencing on January 4", we do not anticipate any delay beyond that date.”) HOUSE_OVERSIGHT_012200