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Case 1:19-cr-00490-RMB Document 32-1 Filed 07/18/19 Page 3of4 Case 9:08-cv-80736-KAM Document 361-10 Entered on FLSD Docket 02/10/2016 Page 2 of 2 Villafana, Ann Marie C. (USAFLS Villafana, Ann Marie C. (USAFLS) Tuesday, September 18, 2007 8:44 AM ‘Jay Lefkowitz’ Draft Agreements? rom: nt: ubject: Hi Jay - I was hoping there would be things for me to read this moming, but I will try to remain patient. I believe there are only two types of agreements that would apply to this case: (1) a plea agreement to a federal charge or charges; and (2) a non-prosecution agreement (which is really a deferred prosecution agreement because the defendant agrees that if he violates the agreement, the U.S. can prosecute him). A plea agreement is part of the court file. It is not accessible on-line via PACER, but someone can go to the Clerk’s Office to obtain a copy. A non-prosecution agreement 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 request, but it is not something that we would distribute without compulsory process. On the obstruction charges, many of the facts I included in that first proffer were hypothesized based upon our | discussions and the agents’ observations of EE: We will need to interview her to confirm the accuracy of those facts. On a second count, we could rely on the incident where Mr. Epstein’s private investigators followed MM father, forcing him off the road. Or, if there is something more recent related to any [I TC could consider that. ope that helps. A, Marie Villafatia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 RFP MIA GO009%. DOJ-OGR-00000507