EFTA00175919.pdf

U.S. Department of Justice United States Attorney Southern District of Florida VIA FACSIMILE Jack A. Goldber er Es . Roy Black, Esq. Black Srebnick Koms an & Stum f P.A. Re: Jeffrey Epstein Dear Messrs. 500 South Australian Ave., Suite 400 West Palm Beach, FL 33401 (561) 820-8711 Facsimile: (561)8204777 June 27, 2008 I write to follow up on my e-mail correspondence of June 24 and June 26, and my message this morning. As of 3:15 p.m., Friday, June 27, 2008, the Office still has not received a copy of a proposed plea agreement between Mr. Epstein and the State Attorney's Office, nor has the Office received notice of a date and time for a change of plea. As you know, the Non-Prosecution Agreement between Mr. Epstein and the Office called for Mr. Epstein to plead, be sentenced, and begin serving his sentence not later than January 4, 2008—almost six months ago. The Office has continued that deadline to allow Mr. Epstein to raise various issues with the Department of Justice, but repeatedly advised that, once those appeals were completed, Mr. Epstein would need to perform the terms of the agreement within a short window thereafter. Now that those appeals have been exhausted, we promptly informed counsel for Mr. Epstein that he must enter his plea, be sentenced, and begin serving his sentence by 5:00 on Monday, June 30, 2008. This week I have sent two e-mails and left a message with Mr. receptionist asking for the date and time of the change of plea and for a copy of the proposed plea agreement between Mr. Epstein and the State Attorney's Office in accordance with the terms of the Non-Prosecution Agreement. I have received no response to any of those requests. EFTA00175919 JACK GOLDBERGER, ESQ. ROY BLACK, ESQ. JUNE 27, 2008 PAGE 2 OF 2 I have received correspondence from counsel for a witness asking to cancel or continue the witness's appearance because he "understand[s] that there has been a recent development with respect to Mr. Epstein in that he intends to plead guilty in Florida state court on Monday pursuant to a deferred prosecution agreement with your office that has already been executed" and that he has "learned from Mr. Epstein's attorney that the plea is scheduled to take place on Monday morning." I also understand that there is an entry on Judge McSorley's docket that a hearing is scheduled for 8:30 a.m. on Monday. Both parties have agreed that it is a material term of the Non-Prosecution Agreement that the United States shall have the right to review the terms of any agreements between Epstein and the State Attorney's Office prior to entering into those agreements. If, indeed, the change of plea is set for 8:30 Monday morning, the agreement with the State Attorney's Office must be provided to the Office by 4:30 today to allow adequate time to review and comment. Failure to provide this opportunity shall be deemed a breach of the Agreement. Accordingly, I again ask that you provide me with a copy of the Plea Agreement with the State Attorney's Office and notification of the date and time of the change of plea. Thank you. Sincerely, It. Alexander Acosta By: cc: AUSA Assistant United States Attorney EFTA00175920 P. 1 * TRANSI•IISSI0N RESULT REPORT ( JUN.27.2000 3:39PM ) * * * TTI USAO WPB FL DATE TIME ADDRESS MODE TIME PAGE RESULT PERS. NAME FILE JUN.27. 3:38PM TES 0'35" P. 3 OK' 324 : BATCH C : CONFIDENTIAL P : POLLING M : MEMORY L : SEND LATER : FORWARDING E : ECM > : REDUCTION S : STANDARD D : DETAIL F : FINE A-: ASYNC MODE 1-: MIL-STD MODE G-: RICOH-MG3/COMPATIBLE MODE EFTA00175921 P. 1 • * * * TRANSMISSION RESULT REPORT ( JUN.27.2008 3:38PM ) * * * TTI USW, WPB FL DATE TIME ADDRESS MODE TIME PAGE RESULT PERS. NAME FILE JUN.27. 3:36PM TES 1'27" P. 3 OK 323 : BATCH L : SEND LATER S : STANDARD A-: ASYNC MODE C : CONFIDENTIAL @ : FORWARDING D : DETAIL 1-: MIL_STD MODE P : POLLING M : MEMORY E : ECM > : REDUCTION F : FINE G-: RICOH-MG3/COMPATIBLE MODE EFTA00175922 U.S. Department of Justice United States Attorney Southern District of Florida umn amve, 4th Floor West Palm Beach, Florida 33401 (561) 820-8711 Facsimile (561) 820-8777 FACSIMILE COVER SHEET TO: Rov Black. Esq. DATE: June 27. 2008 FAX NO. # OF PAGES: 3 PHONE NO. RE: FROM: Assistant U.S. Attorney PHONE NOI COMMENTS: EFTA00175923 U.S. Department of Justice United States Attorney Southern District of Florida A. Marie Villafana 500S. Australian Ave, 4th Floor West Palm Beach, Florida 33401 (561) 8204711 Facsimile (561) 820-8777 FACSIMILE COVER SHEET TO: Jack Alan Goldberger DATE: June 27.2008 FAX NO. # OF PAGES: 3 PHONE NO. RE: EPSTEIN FROM: PHONE NO. Assistant U.S. Attorney COMMENTS: EFTA00175924 U.S. Department of Justice United States Attorney Southern District of Florida VIA FACSIMILE AND ELECTRONIC MAIL Jack A. Goldberger, Esq. Atterburv, Goldberger & Weiss, P.A. Roy Black, Esq. I ck re nick Koms an & Stumpf P.A. Re: Jeffrey Epstein Dear Messrs. 500 South Australian Ave., Suite 400 West Palm Reach FL 33401 (561) 8204711 Facsimile: (561) 8204777 June 27, 2008 Thank you for providing me with the proposed plea agreement between Mr. Epstein and the State Attorney's Office. The U.S. Attorney's Office hereby provides Notice that the proposed sentencing provision does at comply with the terms of the Non-Prosecution Agreement. The second sentencing paragraph of the proposed plea agreement reads: On 08CF009381AMB, the Defendant is sentenced to IS months Community Control 1 (one'. As a special condition of this Community Control, the Defendant must serve the first 6 months in the Palm Beach County Detention Facility . . . The Non-Prosecution Agreement specifically provides: Epstein shall be sentenced to consecutive terms of twelve (12) months and six (6) months in county jail for all charges, ... without probation or community control in lieu of imprisonment. Thus, the proposed plea agreement with the State Attorney's Office does not comply with the terms of the Non-Prosecution Agreement. To comply with the Agreement, Mr. Epstein must make a binding recommendation of eighteen months imprisonment, which means confinement twenty-four EFTA00175925 JACK 9OLDBERGER, ESQ. RoY BLACK, ESQ. JUNE 27,2008 PAGE 2 oF 2 hours a day at the County Jail, and the judge must accept that recommendation. Community control must follow that term of incarceration. Secondly, we have not been provided with a copy of the Information filed in case number 08CF00938 I AMB. I want to confirm that Mr. Epstein is being charged with the substantive offense of procuring minors to engage in prostitution, not attempted procurement. Accordingly, please provide me with a copy of the Information at your earliest opportuni . I will be available via e-mail throughout the weekend or you may reach me on my cell phone at Thank you. Sincerely, R. Alexander Acosta United States Attorney cc: AUSA By: alk“LO24,;- Assistant United States Attorney EFTA00175926 U.S. Department of Justice United States Attorney Southern District of Florida A. Marie Villafaifa 500 S. Australian Ave, 4th Floor West Palm Beach, Florida 33401 (561)820-8711 Facsimile (561) 820-8777 FACSIMILE COVER SHEET TO: Roy Black. Esq. DATE: June 27. 2008 FAX NO. PHONE NO. # OF PAGES: 3 RE: Jeffrey Epstein COMMENTS: EFTA00175927 U.S. Department of Justice United States Attorney Southern District of F7orida 500 S. Australian Ave, 4th Floor West Palm Beach, Florida 33401 (561)820-8711 Facsimile (561) 820-8777 FACSIMILE COVER SHEET TO: Jack Alan Goldberger DATE: June 27. 2008 FAX NO. # OF PAGES: 3 PHONE NO. RE: Jeffrey Epstein FROM: A. MARIE VILLAFARA. Assistant U.S. Attorney PHONE NO. COMMENTS: EFTA00175928 P. 1 * * * TRANSMISSION RESULT REPORT ( JUN.27.2008 5:55PM ) * * * TTI USAO WPB FL DATE TIME ADDRESS MODE TIME PAGE RESULT PERS. NAME FILE JUN.27. 5:53PM TES 1'09" P. 3 OK 328 • : BATCH L : SEND LATER S : STANDARD A-: ASYNC MODE C : CONFIDENTIAL : FORWARDING D : DETAIL 1-: MIL_STD MODE P : POLLING M : MEMORY E : ECM > : REDUCTION F : FINE G-: RICOH-MG3/COMPATIBLE MODE EFTA00175929 P. 1 * * * TRANSMISSION RESULT REPORT ( JUN.27.2008 5:55PM ) * * * TTI USAO WPB FL DATE TIME ADDRESS MODE TIME PAGE RESULT PERS. NAME FILE JLN.27. 5:54PM TES 0'33" P. 3 OK 329 # : BATCH L : SEND LATER S : STANDARD A-: ASYNC MODE C : CONFIDENTIAL : FORWARDING D : DETAIL 1-: MIL_STD MODE P : POLLING M : MEMORY E : ECM > : REDUCTION F : FINE G-: RICOH-MG3'COMPATIBLE MODE EFTA00175930