EFTA00081250.pdf

Case 9:08-cv-80736-KAM Document 361-13 Entered on FLSD Docket 02/10/2016 Page 1 of 12 EXHIBIT 13 EFTA00081250 Case 9:08-cv-80736-KAM Document 361-13 Entered on FLSD Docket 02/10/2016 Page 2 of 12 .(USAFLS) rom: Jay Lefkowitz pLefkowitz©kirkland.com] nt: Friday September 14 2007 9:40 AM (USAFLS) ubject: Follow up Confidential - thanks very much for speaking this am. Have conferred with my client and I think we are on the same page. When you send me your draft today, would you please also include a paragraph with 403 in lieu of 1512. I want to understand better how you would characterize the 403 violation. (What was actually said?). I want to keep studying that avenue today as well. The other possible option is to charge three 113s. Also, one other idea. Can you look at 47 use 227(b), which is another 6 month statute which might work for the 6 months. We could do three of them, and they seem to fit the facts well. I will call you late this pm (if you leave me a number to reach you), and then we can plan on getting this done Monday. The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly l rohibited and may be unlawful. If you have received this communication in error, please it ify us immediately by return e-mail or by e-mail to postmasterOkirkland.com, and destroy s communication and all copies thereof, including all attachments. ******************* ***** * ********************* * ************ • 1 RFP MIA 000077 EFTA00081251 Case 9:08-cv-80736-KAM Document 361-13 Entered on FLSD Docket 02/10/2016 Page 3 of 12 . (c1SAFLS) rom: (USAFLS) nt: Fr day, September 14 2007 9:54 AM lefkowitz©kirkland.com% 'Jay LefkowItz' ubject: Plea documents Hi Jay — I'm not surc which of those e-mail addresses is correct. Here are drafts of the plea agreement and information. They have not yet been blessed by Miami, but they have approved of prior similar drafts, so these should be close to what is needed. My home e-mail is You also can get me over the weekend on my cell phone at Information arging 1512 and i r t OLY Plea ement v4 1512 a Regards, Marie ssistant U.S. Attorney 500 S. Australian Ave, Suite 400 Wcst Palm Beach, FL 33401 • 1 RFP MIA 000078 EFTA00081252 Case 9:08-cv-80736-KAM Document 361-13 Entered on FLSD Docket 02/10/2016 Page 4 of 12 D UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 18 U.S.C. § 1512(d)(2) 18 U.S.C. § 113(a)(5) UNITED STATES OF AMERICA vs. JEFFREY EPSTEIN, Defendant. R AORMATION The United States Attorney charges that: COUNT I In or around October 2005, in Palm Beach County, in the Southern District of Florida, and elsewhere, the defendant, F JEFFREY EPSTEIN, did intentionally harass another person, that is, Jane Doe #1, in an attempt to delay, prevent, and dissuade Jane Doe #1 from reporting to a law enforcement officer of the United States the T commission of a federal offense; in violation of Title 18, United State ode, Sections 1512(d)(2) and 2. COUNT 2 In or around 2005, in the special territorial jurisdiction of the United States, that is, in an aircraft owned by a United States citizen while in flight over the high seas, and elsewhere, RFP MIA 000079 EFTA00081253 Case 9:08-cv-80736-KAM Document 361-13 Entered on FLSD Docket 02/10/2016 Page 5 of 12 the defendant, JEFFREY EPSTEIN, did knowin lly commit a simple assault on a person who was over the age of 16 years, that is, in viola Title 18, United States Code, Section 113(a)(5). R. ALEXANDER AC UNITED STATES ATTORNEY ASSISTANT UNITED STATES ATTOIWE 2 F T RFP MIA 000080 EFTA00081254 Case 9:08-cv-80736-KAM Document 361-13 Entered on FLSD Docket 02/10/2016 Page 6 of 12 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. UNITE ATES OF AMERICA vs. JEFFREY EPSTEIN, Defendant. R, PLEA AGREEMENT The United States Attorney for the Southern District of Florida ("the United States"), and Jeffrey Epstein (hereinafter referred to as th `defendant") enter into the following agreement: I. The defendant agrees to plead guilty to the Information which charges the defendant as follows: Count I charges that the defendant intentionally harassed another person, F that is, Jane Doe #1, in an attempt to delay, prevent, and dissuade Jo oe #1 from reporting to a law enforcement officer of the United States the commission of a federal offense; in violation of Title 18, United States Code, Sections 1512(d)(2) and 2; and Count 2 charges that the defendant, while in an airplane over the high seas, did knowingly commit a simple assault on a person who was over the age of 16 years, that is,.; in violation of Title 18, United States Code, Secti 113(a)(5). 2. The defendant is aware that the sentence will be imposed by the Court after considering the Federal Sentencing Guidelines and Policy Statements (hereinafter Page 1 of 7 RFP MIA 000081 EFTA00081255 Case 9:08-cv-80736-KAM Document 361-13 Entered on FLSD Docket 02/10/2016 Page 7 of 12 "Sentencing Guidelines"). The defendant acknowledges and understands that the Court will compute an advisory sentence under the Sentencing Guidelines and that the applicable guideli ill be determined by the Court relying in part on the results of a Pre-Sentence Investi by the Court's probation office, which investigation will commence after the guilty plea has been entered. The defendant is also aware that, under certain circumstances, the Court may depart from the advisory sentencing guideline range that it has computed, and R may raise or lower that advisory se 1 e under the Sentencing Guidelines. The defendant is further aware and understands that the Court is required to consider the advisory guideline range determined under the Sentencing Guidelines, but is not bound to impose that sentence; the Court is permitted to tailor the ultimate sentence in light of other statutory concerns, and such sentence may be either more severe or less e re than the Sentencing Guidelines' advisory sentence. Knowing these facts, the defendant understands and acknowledges that the Court has the authority to impose any sentence within and up to the statutory maximum authorized by law for the offenses identified in paragraph 1 and at the defendant may not withdraw the plea solely as a result of the sentence imposed. 3. The defendant further understands and acknowledges that, as to Count 1 of the Information, the Court may impose a statutory maximum term of imprisonment of up to one ,,, year, to be followed by a term of supervised release of up to a maximum o e T(1) year. In addition to terms of imprisonment and supervised release, the Court may impose a fine of up to S100,000. The defendant further understands and acknowledges that, as to Count 2 of the Information, the Court may impose a statutory maximum term of imprisonment of up to Page 2 of 7 RFP MIA 000082 EFTA00081256 Case 9:08-cv-80736-KAM Document 361-13 Entered on FLSD Docket 02/10/2016 Page 8 of 12 six (6) months, to be followed by a term of supervised release of up to a maximum of one (I) year. In addition to terms of imprisonment and supervised release, the Court may impose a fine of S100,000. D The defendant further understands and acknowledges that, in addition to any sentence imposed under paragraph 3 of this Agreement, a special assessment in the amount of S50 will be imposed on the defendant, which must be paid at or before the time of sentencing. R 5. The defendant understands that the Court will order that he must pay full restitution to all victims of the offense to which he is pleading guilty. The defendant understands that the amount of restitution owed to each victim will be determined at or before sentencing. A 6. The parties agree to jointly recommend that the defendant receive a sentence of eighteen (18) months' imprisonment, to be followed by two (2) years of supervised release; and a fine of 5200,000. 7. The defendant agrees that, if any of the victims identiEn the federal investigation file suit pursuant to 18 U.S.C. § 2255, the defendant will not contest the jurisdiction of the US. District Court for the Southern District of Florida over his person and/or the subject matter, and the defendant will not contest that the identified victims arc persons who, while minor , e victims of violations of Title 18, United States Code, Sections(s) 2422 and/or 2423. The rated States minor agrees to provide the defendant's attorneys with a list of the identified victims, which will not exceed forty, after the defendant has signed this agreement and has been sentenced. The United Page 3 of 7 RFP MIA 000083 EFTA00081257 Case 9:08-cv-80736-KAM Document 361-13 Entered on FLSD Docket 02/10/2016 Page 9 of 12 States further agrees to make a motion with the United States District Court for the Southern District of Florida for the appointment of a guardian ad litem for the identified victims and the defendant's counsel ma contact the identified victims through that guardian. The defendant agrees to plead guilty (not nolo contendere) to an Information filed by the Palm Beach County State Attorney'sOfficecharging an offense for which the defendant must register as a sex offender, that is, solicitation of minors to engage in prostitution, in violation of Fl. Stat. 796.03. The defendant agrees th t d the Palm Beach County State Attorney's Office will make a joint, binding recommendati the Court impose a sentence of at least thirty (30) months, to be divided as follows: (a) the defendant shall begin by serving at least twenty (20) months in prison, without any opportunity for wi olding adjudication or sentencing, and without probation or commun c of in lieu of imprisonment; and (b) following the term of imprisonment, the defendant shall serve ten (10) months ofcommunity controVhome confinement with electronic monitoring. 9. The defendant agrees to waive all challenges to the ation filed by the State Attorney's Office and to waive the right to appeal his conviction an entente in the state court. 10. The defendant agrees that he will provide to the U.S. Attorney's Office copies of all proposed agreements with the Palm Beach County State Attorney's Office prior to entering into those agreements. 11. The United States reserves the right to inform the Court and thtprobation office of all facts pertinent to the sentencing process, including all relevant information concerning the offenses committed, whether charged or not, as well as concerning the Page 4 of 7 RFP MIA 000084 EFTA00081258 Case 9:08-cv-80736-KAM Document 361-13 Entered on FLSD Docket 02/10/2016 Page 10 of 12 defendant and the defendant's background, and to respond to any questions from the Court and the Probation Office and to any misstatements of fact or law. Subject only to the express terms agreed-upon sentencing recommendations contained in this Agreement, this Office reserves the right to make any recommendation as to the quality and quantity of punishment. 12. The defendant is aware that the sentence has not yet been determined by the Court. The defendant also is aware t any estimate of the probable sentencing range or sentence that the defendant may receive, whether that estimate comes from the defendant's attorney, the government, or the probation office, is a prediction, not a promise, and is not binding on the government, the probation office or the Court. The defendant understands further that any recommendation that the governrr inakes to the Court as to sentencing, whether pursuant to this agreement or otherwise, is not binding on the Court and the Court may disregard the recommendation in its entirety. The defendant understands and acknowledges, as previously acknowledged in paragraph 2 abov t the defendant may not withdraw his plea based upon the Court's decision no o accept a sentencing recommendation made by the defendant, the government, or a recommendation made jointly by both the defendant and the government. 13. WAIVER OF RIGHT TO APPEAL AND COLLATERALLI A CrACK THE SENTENCE. The defendant is aware that Title 18, United States Code, Section 3742 affords the defendant the right to appeal the sentence imposed in this case. Acknowledging this, in exchange for the undertakings made by the United States in this plea agreement, the Page 5 of 7 RFP MIA 000085 EFTA00081259 Case 9:08-cv-80736-KAM Document 361-13 Entered on FLSD Docket 02/10/2016 Page 11 of 12 defendant hereby waives all rights conferred by Section 3742 to appeal any sentence imposed, including any restitution order, or to appeal the manner in which the sentence was impos ess the sentence exceeds the maximum permitted by statute or is the result of T h an upw eparture or upward variance from the guideline range that the Court establishes at sentencing. The defendant further voluntarily and expressly waives, to the maximum extent permitted by federal law, the right to collaterally attack his sentence in any post- conviction proceeding, including a o on on any ground brought under 28 U.S.C. § 2254, 28 U.S.C. § 2255,18 U.S.C. § 3572, or 18 U.S.C. § 3771. The defendant further understands that nothing in this agreement shall affect the government's right and/or duty to appeal as set forth in Title 18, United States Code, Section 3742(b). However, if the United States appeals the defendant's sentence pursuant to Section 3742 the defendant shall be released from the above waiver of appellate rights. By signing this agreement, the defendant acknowledges that he has discussed the appeal waiver set forth in this agreement with his attorney. 14. If the defendant fails in any way to fulfill each on s obligations under this Plea Agreement, the United States, and only the United States, elect to be released from its commitments under this Plea Agreement. If the United States elects to void the Plea Agreement because of a breach by the defendant, then the United States agrees not to use the a defendant's guilty plea against him. However, the United States may prosecute t l efendant for any and all Federal crimes that he has committed related to this case and may seek any sentence for such crimes up to and including the statutory maximums. The defendant expressly waives any statute of limitations defense and any constitutional or statutory speedy Page 6 of 7 RFP MIA 000086 EFTA00081260 Case 9:08-cv-80736-KAM Document 361-13 Entered on FLSD Docket 02/10/2016 Page 12 of 12 • • • trial defense to such a prosecution, except to the extent that such a defense exists as of the date he signs this Plea Agreement. Finally, the defendant understands that his violation of n the to this Plea Agreement would not entitle him to withdraw his guilty plea. r This is the entire agreement and understanding between the United States and the defendant. There are no other agreements, promises, representations, or understandings. Date: R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Date: By: JEFF PSTEIN, DEFENDANT Date: By: JAY LEFKOWITZ, ESQ. ATTORNEY FOR DFrF&NDANT Page 7 of 7 T RFP MIA 000087 EFTA00081261