EFTA00176911.pdf

• • • U.S. Department of Justice United States Attorney Southern District of Florida DELIVERY BY FACSIMILE. Jay P. Lefkowitz, Esq. Kirkland & Ellis LLP Citigroup Center 153 East 53rd Street Ncw York, New York 10022-4675 Re: Jeffrey Er/stein Dear Jay: 99 N.F.. Street Miami. FL 33132-2111 Facsimile: December 6, 2007 I write in response to your recent e-mails and letters regarding victim notification and other issues. Our Office is trying to perform our contractual obligations under the Agreement, which we feel arc being frustrated by defense counsel's objections. The Office also is concerned about Mr. Epstein's nonperformance. More than three weeks ago we spoke about the failure to set a timely plea and sentencing date. At that time, you assured me that the scheduling delay was caused by the unavailability of Judge McSorley. You promised that a date would be set promptly. On November 15th, Rolando Garcia met with Barry Krisher on another matter, and was told by Mr. Krisher that he had just spoken with Jack Goldberger, and that Mr. Epstein's plea and sentencing were set to occur on December 14, 2007. Since that time, we have tried to confirm the date and time of the hearing in order to include that information in the victim notification letters. You continue to refer to the plea and sentencing as though it will be in Janu • Mr. Krisher's office has not confirmed any date; and Mr. Goldberger recently told that 'There is no date." I must reiterate that a delayed guilty plea and sentencing — now more than two months beyond the original deadline — is unacceptable to the Office. As you will recall, the plea and sentencing hearing originally was to occur in early October 2007, but was delayed until October 26th to allow Mr. Goldberger to attend. It was delayed again until November to allow you to attend. Rather than using your best efforts to insure that the plea and sentencing occur in November, we recently learned that a plea conference had been scheduled with Judge McSorley for November 20, 2007, but was canceled at the request of the parties, not the judge. Judge McSorley has not been away for any extended period, and there is no basis for your assertion that the judge is the cause of Exhibit g. 12, EFTA00176911 I • JAY P. LEFKOWITZ, ESQ. DECEMBER 6, 2007 PAGE 2 OF 4 any past or future delay. Mr. Epstein currently has four Florida Bar members on his defense team, so attorney scheduling is not an adequate basis for delay. Three weeks ago I also asked you to provide our Office with the terms of the Plea Agreement with the State Attorney's Office. It is now more than two months since the signing of the Non- Prosecution Agreement and we have yet to sec any formal agreement, or even a list of essential terms of such an agreement. Next, let me address your allegation that attorneys in our office and agents of the FBI have leaked information to the press in an effort to affect possible civil litigation with Mr. Epstein. This is untrue. There has been no contact between any member of the press and any employee of our office or the FBI since you incorrectly accused investigators of telling "Vanity Fair" about Mr. Starr's employment by Mr. Epstein several months ago. We intend to continue to rehain from commenting or providing information to the press. We would ask that your client and all of his representatives do the same. I also want to address your interpretation of several statements that were included in correspondence — at your insistence — as proof that the designated victims have invalid claims. Let me make clear that each of the listed individuals are persons whom the Office identified as victims as defined in Section 2255, that is, as persons "who, while a minor, was a victim of a violation of section . . . 2422 or 2423 of this title." In other words, the Office is prepared to indict Mr. Epstein based upon Mr. Epstein's "interactions" with these individuals.' This conclusion is based upon a thorough and proper investigation — one in which none of the victims was informed of any right to receive damages of any amount prior to the investigation of her claim. The Office agrees that it is not a party to, and will not take a role in, any civil litigation, but the Office can say, without hesitation, that the evidence demonstrates that each person on the list was a victim of Mr. Epstein's criminal behavior. Mr. Stares letter also suggests that the number of victims to whom Mr. Epstein is exposed by the Agreement is limitless. As you know, early drafts of the Agreement contained a numerical limit of 40 victims, which was removed at your request. The Office repeatedly con fumed that the number would not exceed 40; and the list is significantly shorter than that. Once the list is provided to you, if you have a good faith basis for asserting that a victim never met Mr. Epstein, we remain willing to listen and to modify the list if you convince us of your position. Finally, let me address your objections to the draft Victim Notification Letter. You write that you don't understand the basis for the Office's belief that it is appropriate to notify the victims. Pursuant to the "Justice for All Act of 2004," crime victims are entitled to: "The right to reasonable, accurate, and timely notice of any public court proceeding ... involving the crime' and the "right 'Unlike the State's investigation, the federal investigation shows criminal conduct by Mr. Epstein at least as early as 2001, so all of the victims were minors at the time of the offense. RFP MIA 000018 EFTA00176912 JAY P. LEFKOWITZ, ESQ. DECEMBER 6,2007 PAGE 3 OF 4 not to be excluded from any such public court proceeding . . ." 18 U.S.C. § 3771(aX2) & (3). Section 3771 also commands that "employees of the Department of Justice . . engaged in the detection, investigation, or prosecution ofcrime shall make their best efforts to see that crime victims are notified of, and accorded, the rights described in subsection (a)." 18 U.S.C. § 3771(c)(1). Additionally, pursuant to the'Victims' Rights and Restitution Act of 1990, our Office is obligated to "inform a victim of any restitution or other relief to which the victim may be entitled under this or any other law and [the] manner in which such relief may be obtained." 42 U.S.C. § 10607(c)(1)(B). With respect to notification of the other information that we propose to disclose, the statute requires that we provide a victim with the earliest possible notice of: the status of the investigation; the filing of charges against a suspected offender; and the acceptance of a plea. 42 U.S.C. § 10607(c)(3). Just as in 18 U.S.C. § 3771, these sections are not limited to proceedings in a federal district court. Our Non-Prosecution Agreement resolves the federal investigation by allowing Mr. Epstein to plead to a state offense. The victims identified through the federal investigation should be appropriately informed, and our Non-Prosecution Agreement does not require the U.S. Attorney's Office to forego its legal obligations. With respect to your assertion that we are seeking to "federa/ize" the state plea, our office is simply informing the victims of their rights. It does not command them to appear at the hearing or to file a victim impact statement. In fact the letter recommends the sending of any statement to the State Attorney's Office so that can determine which, if any, statements are appropriate to file with the Court. Next, you assert that our letter mischaracterizes Mr. stem's obligation to pay damages to the victims. To avoid that suggestion, I have asked AUSA to simply quote the terms of the Agreement directly into the Notification Letter. We also have no objection to referring to Mr. Epstein as a "sexual offender" rather than a "predator." We have no objection to using the conjunction "and/or" in referring to the particular offense(s) of which the recipient was a victim. We will not include the language that we take no position as to the validity of any claims. While the Office has no intention to take any position in any civil litigation arising between Mr. Epstein and any individual victim, as stated above, the Office believes that it has proof beyond a reasonable doubt that each listed individual was a victim of Mr. Epstein's criminal conduct while the victim was a minor. The law requires us to treat all victims "with fairness and with respect for the victim's dignity and privacy." 18 § 377I(a)(8). We will not include any language that demeans the harm they may have suffered. The letter's assertions regarding representation by the Podhurst farm and Mr. Josefsberg are accurate. Judge Davis conferred with Messrs. Podhurst and Josefsberg to insure their willingness to undertake this assignment prior to finalizing his selection. RIP MIA 000019 EFTA00176913 •) • • JAY P. LEFKOWITZ, ESQ. DECEMBER 6,2007 PAGE 4 OF 4 Lastly, you object to personal communication between the victims and federal attorneys or agents. We have no objection to se l,. letters through the mail' but we will not remove the language about contacting AUSA or Special Agent with questions or concerns. Again, federal law requires that victims have the "reasonable right to confer with the attorney for the Government in this case." 18 U.S.C. § 3771(a)(5). The three victims who were notified prior to your objection bad questions directed to Mr. Epstein's punishment, not the civil litigation. Those questions are, appropriately directed to law enforcement. Ifquestions arise related to the civil litigation, AUSA and Special Agent will recommend that the victims direct those questions to Mr. Josefsberg. I have attached a revised letter incorporating the changes on which we can agree. Please provide any further comments by the close ofbusiness on Friday. In addition, please provide us with a definitive statement, signed by your client, of his intention to abide by each and every term of the Agreement by close of business on Friday, December 7, 2007. By that time, you must also provide us with the agreement(s) with the State Attorney's Office and a date and time certain for the plea and sentencing, which must occur no later than December 14, 2007. There must be closure in this matter. Sincerely, R. Alexander Acosta United States A tome First Assistant United States Attorney Enclosure cc: It. Alexander AGA. Attorney AUSA 2This is contingent, however, on being able to provide adequate notice of the change of plea and sentencing. The sooner that you schedule that hearing with Judge McSorley, the sooner we can dispatch these letters. If you delay further, we will have to rely on telephone or personal notification. RFP MIA 000020 EFTA00176914 • U.S. Department of Justice United Stater Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West alm Beach, FL 33401 Facsimile: December 6, 2007 DELIVERY BY UNITED STATES MAIL Miss Re: Crime Victims' Rights — Notification of Resolution of Epstein Investigation Dear Miss Several months ago, I provided you with a letter notifying you of your rights as a victim pursuant to the Justice for All Act of 2004 and other federal legislation, including: (1) The right to be reasonably protected from the accused. (2) The right to reasonable, accurate, and timely notice of any public court proceeding involving the crime or of any release or escape of the accused. (3) The right not to be excluded from any public court proceeding, unless the court determines that your testimony may be materially altered if you are present for other portions of a proceeding. (4) The right to be reasonably heard at any public proceeding in the district court involving release, plea, or sentencing. (5) The reasonable right to confer with the attorney for the United States in the case. (6) The right to full and timely restitution as provided in law. (7) The right to proceedings free from unreasonable delay. (8) The right to be treated with fairness and with respect for the victim's dignity and privacy. I am writing to inform you that the federal investigation of Jeffrey Epstein has been completed, and that Mr. Epstein and the U.S. Attorney's Office have reached an agreement containing the following terms. RFP MIA 000021 EFTA00176915 MISS NOVEMBER 29, 2007 PAGE 2 First, Mr. Epstein agrees that he will plead guilty to two state offenses, including the offense of soliciting minors to engage in prostitution, which will require him to register as a sexual offender for the remainder of his life. Second, Mr. Epstein has agreed to make a binding recommendation of 18 months' imprisonment to the state court judge who sentences him. Mr. Epstein will serve that sentence of imprisonment at the Palm Beach County Jail. Third, Mr. Epstein has agreed that he will compensate you for damages you have suffered, under the following circumstances. That portion of the agreement that relates to those claims reads as follows: 7. The United States shall provide Epstein's attorneys with a list of individuals whom it has identified as victims, as defined in 18 U.S.C. § 2255, after Epstein has signed this agreement and been sentenced. Upon the execution of this agreement, the United States, in consultation with and subject to the good faith approval of Epstein's counsel, shall select an attorney representative for these persons, who shall be paid for by Epstein. Epstein's counsel may contact the identified individuals through that representative. 8. If any of the individuals referred to in paragraph (7), supra, elects to file suit pursuant to 18 U.S.C. § 2255, Epstein will not contest the jurisdiction of the United States District Court for the Southern District of Florida over his person and/or the subject matter, and Epstein waives his right to contest liability and also waives his right to contest damages up to an amount as agreed to between the identified individual and Epstein, so long as the identified individual elects to proceed exclusively under 18 U.S.C. § 2255, and agrees to waive any other claim for damages, whether pursuant to state, federal, or common law. Notwithstanding this waiver, as to those individuals whose names appear on the list provided by the United States, Epstein's signature on this agreement, his waivers and failures to contest liability and such damages in any suit are not to be construed as an admission of any criminal or civil liability. 9. Epstein's signature on this agreement also is not to be construed as an admission of civil or criminal liability or a waiver of any jurisdictional RFP MIA 000022 EFTA00176916 • Miss NOVEMBER 29, 2007 PAGE 3 or other defense as to any person whose name does not appear on the list provided by the United States. 10. Except as to those individuals who elect to proceed exclusively under 18 U.S.C. § 2255, as set forth in paragraph (8), supra, neither Epstein's signature on this agreement, nor its terms, nor any resulting waivers or settlements by Epstein are to be construed as admissions or evidence of civil or criminal liability or a waiver of any jurisdictional or other defense as to any person, whether or not her name appears on the list provided by the United States. Pursuant to the terms of the agreement and an addendum, to assist you in making such a claim, the U.S. Attorney's Office has asked an independent Special Master to select attorneys to represent you. Those attorneys are Aaron Podhurst and Robert "Bob" Josefsberg with the law firm of Podhurst Orseck, P.A. They can be reached at I anticipate that someone from their law firm will be contacting you shortly. I must also advise you that you are not obligated to use theseStorneys. In fact, you have the right absolute select your own attorney. sneak ig g Shivin can decide not r rstaust/11,sraggiitAlla jousgnagatutjuhaflimeto iv. use a different attorney. If you do decide to seek damages from Mr. Epstein and you decide to use Messrs. Podhurst/Josefsberg as your attorneys, Mr. Epstein will be responsible for paying attorney's fees incurred during the time spent trying to negotiate a settlement. If you are unable to reach a settlement with Mr. Epstein, you and Mr. Josefsberg can discuss how best to proceed. As I mentioned above, as part of the resolution of the federal investigation, Mr. Epstein has agreed to plead guilty to state charges. Mr. Epstein's change of plea and sentencing will occur on December 14, 2007, at a.m., before Judge Sandra K. McSorley, in Courtroom 11F at the Palm Beach County Courthouse, 205 North Dixie Highway, West Palm Beach, Florida. Pursuant to Florida Statutes Sections 960.001(1)(k) and 921.143(1), you are entitled to be present and to make a statement under oath. If you choose, you can submit a written statement under oath, which may be filed by the State Attorney's Office on your behalf. If you elect to prepare a written statement, it should address the following: the facts of the case and the extent of any harm, including social, psychological, or physical harm, financial losses, loss of earnings directly or indirectly resulting from the crime for which the defendant is being sentenced, RFP MIA 000023 EFTA00176917 0 ,1 • • MISS NOVEMBER 29, 2007 PAGE 4 and any matter relevant to an appropriate disposition and sentence. Fl. Stat. 921.143(2). You also are entitled to notification when Mr. Epstein is released from imprisonment at the end of his prison term and/or if he is allowed to participate in a work release program. To receive such notification, please provide the State Attorney's Office with the following information: 1. Your name 2. Your address 3. Your homc, work, and/or cell phone numbers 4. Your e-mail address 5. A notation of whether you would like to participate in the "VINE system," which provides automated notification calls any time an inmate is moved. (To use this system, your calls must go to you directly, not through a switchboard.) Thank you for all of your help during the course of the investigation. If you have an uestions or concerns lease do not hesitate to contact me or Special Agent at By: Sincerely, R. Alexander Acosta United States Attorney Assistant United States Attorney cc: S cial A ent F.B.I. , Victim-Witness Coordinator, U.S. Attorney's Office RFP MIA 000024 EFTA00176918 12/08/07. THU 16:25 FAI EXECUTIVE OFFICE DJ int TRANSMISSION OK TI/RI NO CONNECTION TEL SUBADDRESS CONNECTION ID ST. TIME USAGE T PGS. RESULT sts TI REPORT sim 3413 12/08 15:22 03.18 OK U.S. Department offastiee United States Attorney Southern District of Florida UNITED STATES ATTORNEY'S OFFICE SOUTHERN DISTRICT OF FLORIDA 99 NE 4Th STREET MIAMI, FLORIDA 33132-2111 First Assistant U.S. Attorney Staff Assistant fax FACSIMILE TRANSMISSION COVER SHEET DATE: December 6, 2007 TO: Jay Lefkowitz, Esquire FAX NUMBER: SUBJECT: Epstein NUMBER OF PACES, INCLUDING TICS PAGE: 9 Case No. 08.80736-CV-MARRA 1,-009124 EFTA00176919 U.S. Department of Justice United States Attorney Southern District of Florida UNITED STATES ATTORNEY'S OFFICE SOUTHERN DISTRICT OF FLORIDA 99 NE 4Th STREET MIAMI, FLORIDA 33132-2111 First Assistant U.S. Attorney Staff Assistant = fax FACSIMILE TRANSMISSION COVER SHEET DATE: December 6, 2007 TO: Jay Lefkowitz, Esquire FAX NUMBER: SUBJECT: Epstein NUMBER OF PAGES, INCLUDING THIS PAGE: 9 Message/Comments: (Includes Victim Notification Letter) This facsimile contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the Addressee(s) named above. If you are not the intended recipient of this facsimile, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or coping of this facsimile is strictly prohibited. If you have received this facsimile in error, please immediately notify us by telephone and return the original facsimile to us at the above address via the U.S. Postal Service. Thank you. Case No. 08-80736-CV-MARRA P-009125 EFTA00176920