EFTA00081262.pdf

Case 9:08-cv-80736-KAM Document 361-15 Entered on FLSD Docket 02/10/2016 Page 1 of 11 EXHIBIT 15 EFTA00081262 Case 9:08-cv-80736-KAM Document 361-15 Entered on FLSD Docket 02/10/2016 Page 2 of 11 09/15,2007 03:16 PM To leficowItzekIrkland.com, Pifikowitz@kirkland.com cc bcc subject JE negoliabons Ili Jay -- Sorry to trouble you over the weekend. Here are the revised documents with the 403 charge. I have gotten some negative reaction to the assault charge with as the victim, since she is considered one of the main perpetrators of the offenses that we planned to charge in the indictment. Can you talk to Mr. Epstein about a young woman rumen We have hearsay evidence that she traveled on Mr. Epstein's airplane when she was under 18, in around the 2000 or 2001 time frame. That falls outside the statute of limitations, but perhaps we could construct a 371 conspiracy around that? Let me know what you think. Thank you. «<Attachment InfOiniallOilCnarcling quo and 11.3.Ddr has been archived by user tommonStoreAT/Kirldand-Ellls' on '11/26/2007 01:07:57'. >>> «< Attachment 'OLY Plea Agreement v5 403 and 113 vlolationstpdf has been archived by user 'CommonStore/IT/Kittd d-Elils' on '11/26/2007 01;07:57'. >>> 08-80736-CV-MARRA RFP WPB 000235 EFTA00081263 Case 9:08-cv-80736- KAM Document 361-15 Entered on FLSD Docket 02/10/2016 Page 3 of 11 D UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 18 U.S.C. § 403 18 U.S.C. § 113(a)(5) UNITED STATES OF CA vs. JEFFREY EPSTEIN, Defendant. A ROORMATION The United States Attorney charges that: COUNT 1 In or around August 2006, in Palm Beach Co elsewhere, the defendant, , in the Southern District of Florida, and JEFFREY EPSTEIN, r did knowingly and intentionally violate the privacy protection acco y 18 U.S.C. § 3509 to a child victim, that is, Jane Doe #1; in violation of Title 18, United Sta de, Sections 403 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, the defendant, JEFFREY EPSTEIN, 08-80736-CV-MARRA RFP WPB 000236 EFTA00081264 Case 9:08-cv-80736-KAM Document 361-15 Entered on FLSD Docket 02/10/2016 Page 4 of 11 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, Section 113(a)(5). D • R. ALEXANDER ACOSTA UNITED STATES A Mk$ thr ASSISTANT UNITED STATES ATTORNEY A F T 2 08-80736-CV-MARRA RFP WPB 000237 EFTA00081265 Case 9:08-cv-80736-KAM Document 361-15 Entered on FLSD Docket 02/10/2016 Page 5 of 11 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA D Case No. UNITED STATES OF AMERICA vs. JEFFREY EPSTEEh Defend PLEA AGREEMENT The United States Attorney force Southern District of Florida ("the United States"), and Jeffrey Epstein (hereinafter to as the "defendant") enter into the following agreement: 1. The defendant agrees to plead guilty to the Information which charges the defendant as follows: Count 1 charges that theFfendant knowingly and intentionally violated the privacy protection accorded to child victims by 18 U.S.C. § 3509; in violation of Title 18, United States Code, Sections 403 and 2; and Count 2 charges that the defendant, while in an airplane over the high seas, did knowingly commit ple assault on a person who was over the age of 16 years, that is Section 113(aX5). 2. The defendant is aware that the sentence will be imposed by the Court after considering the Federal Sentencing Guidelines and Policy Statements (hereinafter in violation of Title 18, United States Code, Page 1 of 7 08-80736-CV-MARRA RFP WPB 000238 EFTA00081266 Case 9:08-cv-80736-KAM Document 361-15 Entered on FLSD Docket 02/10/2016 Page 6 of 11 "Sentencing Guidelines"). The defendant acknowledges and understands that the Court will compute an advisory sentence under the Sentencing Guidelines and that the applicable guide' '11 be determined by the Court relying in part on the results of a Pre-Sentence Investigation 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 may raise or lower the advisory sentencing guideline range that it has computed, and isory sentence 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; te the Court is permitted to tailor the uAsentence in light of other statutory concerns, and such sentence may be either more severe or less severe than the Sentencing Guidelines' advisory sentence. Knowing these facts, the defendant understands and acknowledges that the Court has the authority to impose any sentenc thin and up to the statutory maximum authorized by law for the offenses identified in paragraph 1 and that the defendant may not withdraw the plea solely as a result of the sentence imposed. t 3. The defendant further understands and acknowled es that, as to Count 1 of the Information, the Court may impose a statutory maximum term of nprisonment of up to one (1) year, to be followed by a term of supervised release of up to a maximum of one (1) year. In addition to terms of imprisonment and supervised release, the Court may impose a fine of up to $100,000. 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 08-80736-CV-MARRA RFP WPB 000239 EFTA00081267 Case 9:08-cv-80736-KAM Document 361-15 Entered on FLSD Docket 02/10/2016 Page 7 of 11 six (6) months, to be followed by a teen of supervised release of up to a maximum of one (1) year. In addition to terms of imprisonment and supervised release, the Court may impose a fine of $100,000. 4. 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 $50 will be im on the defendant, which must be paid at or before the time of sentencing. 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 ne on owed to each victim will be determined at or before sentencing. 6. The parties agree to jointly recommend that the defendant receive a sentence of eighteen (18) months' imprisonment, to be red by two (2) years of supervised release; and a fine of $200,000. 7. The defendant agrees that, if any of the victims identified in the federal investigation file suit pursuant to 18 U.S.C. § 2255, the defendant will not contest the jurisdiction of the U.S. District Court for the Southern District Florida over his person and/or the subject matter, and the defendant will not contest that the identified victims are persons who, while minors, were victims of violations of Title 18, United States Code, Sections(s) 2422 and/or 2421 The United States agrees to provide the defendant's attorneys with a list of the identified victims, which will not exceed forty, after the defendant has Page 3 of 7 08-80736-CV-MARRA RFP WPB 000240 EFTA00081268 Case 9:08-cv-80736-KAM Document 361-15 Entered on FLSD Docket 02/10/2016 Page 8 of 11 signed this agreement and has been sentenced. The United States further agrees to make a motion with the United States District Court for the Southern District of Florida for the appoin , of a guardian ad !item for the identified victims and the defendant's counsel may contact the identified victims through that guardian. 8. The defendant agrees to plead guilty (not nolo contendere) to an Information filed by the Palm B County State Attorney's Office charging an offense for which the I s defendant must regi a sex offender, that is, solicitation of minors to engage in prostitution, in violation of Fl. Stat. 796.03. The defendant agrees that he and the Palm Beach County State Attorney's Office will make a joint, binding recommendation that the Court impose a sentence of at leastyk (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 withholding adjudication or sentencing, and without pr 'on or community control in lieu of r imprisonment; and (b) following the teen of imprisonment, the defendant shall serve ten (10) months of community controVhome confinement with electronic T monitoring. 9. The defendant agrees to waive all challenges to the Information filed by the State Attorney's Office and to waive the right to appeal his conviction and sentence in the state court. 10. The defendant agrees that he will provide to the U.S. Attorney's Office copies Page 4 of 7 08-80736-CV-MARRA RFP WPB 000241 EFTA00081269 Case 9:08-cv-80736-KAM Document 361-15 Entered on FLSD Docket 02/10/2016 Page 9 of 11 of all proposed agreements with the Palm Beach County State Attorney's Office prior to entering into those agreements. The United States reserves the right to inform the Court and the probation 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 defendant and the defendant's background, and to respond to any questions from the Court and the Probation Of d to any misstatements of fact or law. Subject only to the express terms of any agreed-upon sentencing recommendations contained in this Agreement, this Office further reserves the right to make any recommendation as to the quality and quantity of punishment. A 12. The defendant is aware that the sentence has not yet been determined by the Court. The defendant also is aware that any estimate of the probable sentencing range or sentence that the defendant may receive, whether 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 government makes to the Court as to sentencing, whether pursuant to this agreement or otherwise, is not binding o the Court and the Court may disregard the recommendation in its entirety. The defendant understands and acknowledges, as previously acknowledged in paragraph 2 above, that the defendant may not withdraw his plea based upon the Court's decision not to accept a sentencing recommendation made by the defendant, the government, or a recommendation made jointly Page 5 of 7 08-80736-CV-MARRA RFP WPB 000242 EFTA00081270 Case 9:08-cv-80736-KAM Document 361-15 Entered on FLSD Docket 02/10/2016 Page 10 of 11 by both the defendant and the government. 13. WAIVER OF RIGHT TO APPEAL AND COLLATERALLY ATTACK THE S NCE. 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 defendant hereby w • s all rights conferred by Section 3742 to appeal any sentence imposed, including a 'titution order, or to appeal the manner in which the sentence was imposed, unless the sentence exceeds the maximum permitted by statute or is the result of an upward departure or upward variance from the guideline range that the Court establishes at sentencing. The defendant furth oluntarily 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 motion 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. 1. 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(6), the defendant shall be released from the above waiver of appellate rights. By signing this agreement, di 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 one of his obligations under this Plea Agreement, the United States, and only the United States, may elect to be released from its commitments under this Plea Agreement. If the United States elects to void the Plea Page 6 of 7 08-80736-CV-MARRA RFP WPB 000243 EFTA00081271 Case 9:08-cv-80736-KAM Document 361-15 Entered on FLSD Docket 02/10/2016 Page 11 of 11 Agreement betty Ise of a breach by the defendant, then the United States agrees not to use the defendant's guilty plea against him. However, the United States may prosecute the defendant for any 1111 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 trial defense to such rosecution, except to the extent that such a defense exists as of the date he signs this PI ement. Finally, the defendant understands that his violation of the terms of this Plea Agreement would not entitle him to withdraw his guilty plea. 15. This is the entire agreement and understanding between the United States and I-. the defendant. There are no other Date: Date: Date: ents, promises, representations, or understandings. By: R. ALEFNDER ACOSTA UNITE TATES ATTORNEY By: JEFFREY EPSTEIN, DEFENDANT T By: JAY LEFKOWITZ, ESQ. ATTORNEY FOR DEFENDANT Page 7 of 7 08-80736-CV-MARRA R FP WPB 000244 EFTA00081272