EFTA00189056.pdf

(USAFLS) From: (USAFLS) Sent Monday, August 25, 2008 9:48 AM To: Acosta, AleiliS.AFLS ; (USAFLS); (USAFL5); (USAFLS) Subject Letter re Epstein and Protective Order Attachments: 080822 Leikowitz IV to Good morning, everyone. (USAFLS); I have attached a letter from Jay Lefkowitz that came in by fax on Friday night. The good news is that they seem to be in a reement regarding Mr. Joscfsbcrg. Most of the letter doesn't really require a comment, but I wanted to get feedback regarding the notification to the victims of their right to see the agreement. Here is the language from my proposed victim notification letter: "In addition, a judge has ordered that the United States make available to any designated victim (and/or her attorney) a copy of the actual agreement between Mr. Epstein and the United States, so long as the victim (and/or her attorne reviews, signs, and agrees to be bound by a Protective Order entered by the Court. If Ms. would like to review the Agreement, please let me know, and I will forward a copy of the Protective Order for her signature." Lefkowitz objects, but I am wondering whether agrees that the spirit of our discussions with Judge Marra requires such a notification. If we make the entire agreement available to Mr. Josefsberg and he conveys that information to all of his clients, the concern becomes moot, I suppose. Lastly, from my discussion with it appears that the Office does not want to add to the list the names of victims identified after the date of signing the September agreement unless ourjgvestigation had provided enough information that we were pre ared to include them in the indictment —M., the New York girls — and that you do not want me to re-add to the list, even though we have extensive corroboration of her involvement with Epstein. Can someone please confirm? Thank you all. <<080822 Lefkowitz Itr to M= .>> Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone Fax 08-80736-CV-MARRA P-015173 385 EFTA00189056 (USAFLS) From: (USAFLS) < Sent Monda Au ust 25, 2008 10:25 AM To: USAFLS ; Acosta, Alex (USAFLS); (USAFLS); (USAFLS) Subject RE: Letter re Epstein and Protective Order (USAFLS); During our telephonic hearing, I received the clear impression that Judge Marra wanted the other victims (non-parties to the Jane Doe litigation), would be given the opportunity to see the Agreement, subject to each one agreeing to be bound by the protective order. I believe it would be contrary to Judge Marra's intent for us to go through the trouble of creating a mechanism for the other non-party victims to have access to the Agreement, and then not tell them there Is an Agreement. Also, does CVRA impose any obligation on us, independent of what Judge Marra ordered, to advise the victims of the Agreement? From: (USAFLS) Sent: Monday, August 25, 2 • To: Acosta, Alex (USAFLS); (USAFLS); (USAFLS); (USAFLS); (USAFLS) Subject: Letter re Epstein and Protective Order Good morning, everyone. I have attached a letter from Jay Lefkowitz that came in by fax on Friday night. The good news is that they seem to be in a reement regarding Mr. Josefsberg. Most of the letter doesn't really require a comment, but t wanted to get feedback regarding the notification to the victims of their right to see the agreement. ere is e language from my proposed victim notification letter: "In addition, a judge has ordered that the United States make available to any designated victim (and/or her attorney) a copy of the actual agreement between Mr. Epstein and the United States, so long as the victim (and/or her attorne reviews, signs, and agrees to be bound by a Protective Order entered by the Court. If Ms. would like to review the Agreement, please let me know, and I will forward a copy of the Protective Order for her signature." Lefkowitz objects, but I am wondering whether agrees that the spirit of our discussions with Judge Marra requires such a notification. If we make the entire agreement available to Mr. Josefsberg and he conveys that information to all of his clients, the concern becomes moot, I suppose. Lastly, from my discussion with it appears that the Office does not want to add to the list the names of victims identified after the date oiling thS8e6iligtvitraMunless our investigation had providefLo 15174 386 EFTA00189057 su m enough information that we were re aced to include them in the indictment — I., the New York girls — and that you do not want me to re-add to the list, even though we have extensive corroboration of her involvement with Epstein. Can someone p ease confirm? Thank you all. << File: 080822 Leficowilz kr to Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Reach, FL 33401 Phone Fax >> 08-80736-CV-MARRA 387 P-015175 EFTA00189058 KIRKLAND & ELLIS LLP *No untkurn PAR I PAESI IIPS Now York. New York 10027461) Jay P I otkowiC. P C To Call Wilier ()Healy F:incormln vats lorkian0 coon August 22, 2008 VIA FACSIMILE. tinned States Attorney's Office .Southern District of Florida 500 South Australian Avenue. Suite 400 West Palm Beach. Florida 33401 Re: %Wry Epstein Dear I write this letter to correct certain misstatements made in your letter dated August 21. 2008. and the accompanying draft notification. First. you state that "Mr. Joscfsberg expended time, effon and funds in preparing to serve as attorney representative in October of 2007.- Neither I. nor any other attorney on Mr. Epstein's defense 14.11M. was notified of this work by Mr. Joselsberg. Second. in the victim notification letter, no judge "has ordered that the United States" make available a copy of the Non-Prosecution. Agreement. Section (1) of the Order to Compel Production and Protective Order provides that if any of the alleged "victims" and/or their attorneys -request the opponunity to review the Agreement." the MAO shalt comply with tlx: request so long as those individuals agree not to disclose the Non-Prosecution Agreement. There is no court order requiring the government to provide the alleged "victims" with notice that the Non-Pro.seetaion Agreement is available to theta upon request and doing so is in conflict with the cunlidunliality provisions of the Agreement. Given that the individuals un the list will have an attorney representative who is fully aware of the terms of the Non-Prosecution Agreement this eonlliciing paragraph of your notice is unnecessary in any event and should be excised. Third. misstatements in your prior notification were not made "with the approval of Mr. Ipsiein's counsel." Fourth. we are concerned with your openended description of Mr. lipstein's responsibilities regarding civil restitution. The resolution of liability pursuant to 18 U.S.C. 08-80736-CV-MARRA P-015176 EFTA00189059 KIRKLAND & ELLIS LLP August 22. 200X Page 2 ti 2255 is as stated in paragraphs 7 and S of the .Agreement and die Addendum to the Agreement. no more. no less. Filth. while:you mate, in your letter, that the LISA° does not intend to delete any of the names on the list provided to Mr. Epstein's counsel, you do not confirm that the prior list is final and complete. There can he no expansion of the list of individuals that you informed us had been memorialized as of September 24. 2007 and disclosed to Mr. Epstein un June 30. 2005 (the date of sentence pursuant to the Agreement's disclosure requirements). Please eonlinn the exact name and number of individuals the government plans on notifying as provided for under the Agreement. Sixth, based on express language in prior communications front your Office. we are in agreement that paragraphs 7 and 8 of the Agreement arc in need of clarification and implementation. We will work with the attorney representative in attempting to reach a fair resolution of the outstanding civil matters in a manner that is in accordance with the Agreement. Seventh, we have previously communicated onr objections to the propriety of the attorney representative engaging in contested litigation. We again dispute the assertion that Mr. loselsberg's duties include filing contested litigation. In any ease. that issue is not ripe liar resolution in this point, hut again, given his agreement to be the attorney representative. we will address these matters directly with Mr. Joscfsbcrg. cc: Chief. Northern Division 08-80736-CV-MARRA P-015177 EFTA00189060 KIRKLAND & ELLIS LLP Fax Transmittal Please notify us immediately if any pages arc not received. 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. UNAUTHORIZED USE. DISCLOSURE OR COPYING IS STRICTLY PROHIBITED AND MAY BE UNLAWFUL. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOT IM EDIATELY AT: To: CC: Company: United States Attorney's Office Company: United States Attorney's Olliee fax Direct #: Fax ti: Direct It: From: • Date: Pagonwrcover: Fax #: Direct #: Jay 1'. Lelltowitz August 22, 200R 3 Message: 08-80736-CV-MARRA P-015178 EFTA00189061 (USAFLS) From: (USAFLS) < Sent: Monc o ll ugust 25, 2008 1:54 PM To: (USAFLS) Subject: RE: Letter re Epstein and Protective Order > — Thank you for your response. Did you ever send the agreement to Brad? Do you want me to do that. Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone Fax From: (USAFLS) Sen 5 2008 10:25 AM To: . (USAFLS); Acosta, Alex (USAFLS); (USAFLS); (USAFLS); Subject: RE: Letter re Epstein and Protective Order During our telephonic hearing, I received the clear impression that Judge Marra wanted the other victims (non-parties to the Jane Doe litigation), would be given the opportunity to see the Agreement, subject to each one agreeing to be bound by the protective order. I believe it would be contrary to Judge Marra's intent for us to go through the trouble of creating a mechanism for the other non-party victims to have access to the Agreement, and then not tell them there is an Agreement. Also, does CVRA impose any obligation on us, independent of what Judge Marra ordered, to advise the victims of the Agreement? FrWJSAFLS) Sent: Mo y, August 25, lig To: Acosta, Alex (USAFLS); (USAFLS); (USAFLS); (USAFLS); (USAFLS) Subject: Letter re Epstein and Protective Order Good morning, everyone. 08-80736-CV-MARRA P-015179 388 EFTA00189062 I have attached a letter from Jay Lefkowitz that came in by fax on Friday night. The good news is that they seem to be in a eement regarding Mr. Josefsberg. Most of the letter doesn't really require a comment, but I wanted to get feedback regarding the notification to the victims of their right to see the agreement. I lere is e language from my proposed victim notification letter: "In addition, a judge has ordered that the United States make available to any designated victim (and/or her attorney) a copy of the actual agreement between Mr. Epstein and the United States, so long as the victim (and/or her attorne reviews, signs, and agrees to be bound by a Protective Order entered by the Court. If Ms. would like to review the Agreement, please let me know, and I will forward a copy of the Protective Order for her signature." Lefkowitz objects, but I am wondering whether agrees that the spirit of our discussions with Judge Marra requires such a notification. If we make the entire agreement available to Mr. Josefsberg and he conveys that information to all of his clients, the concern becomes moot, I suppose. Lastly, from my discussion with , it appears that the Office does not want to add to the list the names of victims identified after the date o I signing the September agreement unless ourigvestigation had provided enough information that we were p are ' elude them in the indictment —M., the New York girls — and that you do not want me to re-add to the list, even though we have extensive corroboration of her involvement with Epstein. Can someone please confirm? Thank you all. « File: 080822 Lefkowitz It to Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone Fax >> 08-80736-CV-MARRA 389 P-015180 EFTA00189063 (USAFLS) From: (USAFLS) < Sent: Monde , Au ust 25, 2008 2:18 PM To: (USAFLS) Subject: RE: Letter re Epstein and Protective Order > I have not sent Brad the Agreement, and would appreciate it if you could take care of that. Are we sending out parts I and II, and leaving out the December 2007 letter? Thanks. From: (USAFLS) Sent: Monde August 25, 2008 1:54 PM To: (USAFLS) Subject: RE: Letter re Epstein and Protective Order I li .— Thank you for your response. Did you ever send the agreement to Brad? Do you want me to do that'. Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone Fax From: (USAFLS) Sent: Monde Au ust 25 2008 10:25 AM To: (USAFLS); Acosta, Alex (USAFLS); (USAFLS); (USAFLS); Subject: RE: Letter re Epstein and Protective Order During our telephonic hearing, I received the clear impression that Judge Marra wanted the other victims (non-parties to the Jane Doe litigation), would be given the opportunity to see the Agreement, subject to each one agreeing to be bound by the protective order. I believe it would be contrary to Judge Marra's intent for us to go through the trouble of creating a mechanism for the other non-party victims to have access to the Agreement, and then not tell them there is an Agreement. 08-80736-CV-MARRA P-015181 390 EFTA00189064 Also, does CVRA impose any obligation on us, independent of what Judge Marra ordered, to advise the victims of the Agreement? Fr&q..IrSARS) Sent: M y, August 25, • To: Acosta, Alex (USAFLS); (USAFLS); (USARS); (USAFLS); (USAFLS) Subject: Letter re Epstein and Protective Order Good morning, everyone. I have attached a letter from Jay Lefkowitz that came in by fax on Friday night. The good news is that they seem to be in a ement regarding Mr. Josefsberg. Most of the letter doesn't really require a comment, but I wanted to get feedback regarding the notification to the victims of their right to see the agreement. ['ere is e language from my proposed victim notification letter: "In addition, a judge has ordered that the United States make available to any designated victim (and/or her attorney) a copy of the actual agreement between Mr. Epstein and the United States, so lt long as the victim (and/or her atto r Niews, signs, and agrees to be bound by a Protective Order entered by the Court. If Ms. m i would like to review the Agreement, please let me know, and I will forward a copy of the Protective Order for her signature." Lefkowitz objects, but I am wondering whether agrees that the spirit of our discussions with Judge Marra requires such a notification. If we make the entire agreement available to Mr. Josefsberg and he conveys that information to all of his clients, the concern becomes moot, I suppose. Lastly, from my discussion with pi it appears that the Office does not want to add to the list the names of victims identified after the date o signing the September agreement unless our vestigation had provided iii enough information that we were ' elude them in the indictment — M., the New York girls — and that you do not want me to re-add to the list, even though we have extensive corroboration of her involvement with Epstein. Can someone p ease confirm? Thank you all. << File: 080822 Lefkowitz ltr to Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone >> 08-80736-CV-MARRA P-015182 391 EFTA00189065 Fax 08-80736-CV-MARRA P-015183 392 EFTA00189066 (USAFLS) From: (USAFLS) < Sent: Monc .iugust 25, 2008 2:20 PM To: (USAFLS) Subject: RE: Letter re Epstein and Protective Order Yes, that was my plan. I will send it out today. Thanks. Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone Fax From: (USAFLS) Sent: Monde Au ust 25 2008 2:18 PM To: (USAFLS) Sub ect: RE: Lettera.Epstein and Protective Order I have not sent Brad the Agreement, and would appreciate it if you could take care of that. Are we sending out parts I and II, and leaving out the December 2007 letter? Thanks. From: (USAFLS) Sen • ugust 25, 2008 1:54 PM To: (USAFLS) Subject: RE: Letter re Epstein and Protective Order Hi — Thank you for your response. Did you ever send the agreement to Brad? Do you want me to do that. Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 08-80736-C V-MARRA P-015184 393 EFTA00189067 Phone Fax From: (USAFLS) Sent: Monda A ust 25 2008 10:25 AM To: (USAFLS); Acosta, Alex (USAFLS); (USAFLS); (USAFLS); Subject: RE: Letter re Epstein and Protective Order During our telephonic hearing, I received the clear impression that Judge Marra wanted the other victims (non-parties to the Jane Doe litigation), would be given the opportunity to see the Agreement, subject to each one agreeing to be bound by the protective order. I believe it would be contrary to Judge Marra's intent for us to go through the trouble of creating a mechanism for the other non-party victims to have access to the Agreement, and then not tell them there is an Agreement. Also, does CVRA impose any obligation on us, independent of what Judge Marra ordered, to advise the victims of the Agreement? From: (USAFLS) Sent: Monday, August 25, 2 • To: Acosta, Alex (USAFLS); (USAFLS); (USAFLS); (USAFLS); (USAFLS) Subject: Letter re Epstein and Protective Order Good morning, everyone. I have attached a letter from Jay Lefkowitz that came in by fax on Friday night. The good news is that they seem to be in a reement regarding Mr. Josefsberg. Most of the letter doesn't really require a comment, but I wanted to get feedback regarding the notification to the victims of their right to see the agreement. Here is the language from my proposed victim notification letter: "In addition, a judge has ordered that the United States make available to any designated victim (and/or her attorney) a copy of the actual agreement between Mr. Epstein and the United States, so long as the victim (and/or her attome reviews, signs, and agrees to be bound by a Protective Order entered by the Court. If Ms. would like to review the Agreement, please let me know, and I will forward a copy of the Protective Order for her signature." Lefkowitz objects, but I am wondering whether agrees that the spirit of our discussions with Judge Marra requires such a notification. If we make the entire agreement available to Mr. Josefsberg and he conveys that information to all of his clients, the concern becomes moot, I suppose. I Lastly, from my discussion with , it appears that the Office does not want to add to the list the names of victims identified after the date o signing tbfleggeleVajilbtgagAunless our investigation had provide11-0 15185 394 EFTA00189068 enough information that we were re ared to include them in the indictment — E., the New York girls — and that you do not want me to re-add to the list, even though we have extensive corroboration of her involvement with Epstein. Can someone p ease confirm? Thank you all. << File: 080822 Lefkowitz Itr to Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone Fax 08-80736-CV-MARRA P-015186 395 EFTA00189069