EFTA00189083.pdf

(USAFLS) From: (USAFLS) < > Sent Wednesda November 26, 2008 2:10 PM To: (USAFLS); (USAFLS) Subject RE: Jeffrey Epstein Meeting next Thursday. Does anything Roy say hold water ? ----Ori inal Messa e---- From: (USAFLS) Sent: Wcdnesda November 26 2008 12:18 PM To: (USAFLS); (USAFLS) Subject: FW: Jeffrey Epstein Hi guys — Happy Thanksgiving! Let me know how you would like me to proceed. Assistant U.S. Attorne Original Message---- From: Roy BLACK (mailto:RBLACKa.rovblack.comi Sent: Wednesda November 26, 2008 11:56 AM To: (USAFLS) Cc: (USAFLS) Subject: Re: Jeffrey Epstein since receipt of your letter I have looked into the situation and the following is what is happening: Mr. Epstein has not breached the Non-Prosecution Agreement (the "Agreement") by serving a portion of his 18-month sentence of imprisonment in the Palm Beach County Work Release Program. I. He is currently serving his sentence in the Palm Beach County Work Release Program, not in the State-Regulated Community Control Program. Thus he is not on community control. o The County Jail sentence he is presently serving is being served under the auspices of the Palm Beach County Sheriff's Office. o The Palm Beach County Sheriff's Office has a policy of allowing work release under certain criteria for those sentenced to the Palm Beach County Detention Center or Stockade. It has already been determined that Mr. Epstein qualifies under the Palm Beach County Sheriff's Office policy for work release. The Florida statute authorizing work release for someone imprisoned in county jail is at 951.24 (2Xa). 08-80736-CV-MARRA 576 P-015239 EFTA00189083 o The statute provides that when punishment by imprisonment in the county jail is prescribed, the sentencing court, in its discretion, may at any time during the sentence consider granting the privilege to the prisoner to leave the confines of the jail or county facility during necessary and reasonable hours, subject to the rules and regulations prescribed by the court, to work at paid employment or to conduct his or her own business or profession. Sec Fla. Stat. § 951.24(2Xa). o In Palm Beach County, the Sheriff's Office has discretion over work release. The local rules state that placement into House Arrest and Work Release "is at the discretion of the Sheriff and the presiding Judge" and offer no defined scope of the type of offenders that are eligible—or that are barred—from serving their time in Work Release." See Palm Beach County Department of Corrections Inmate Rule G-I6. 2. The Non Prosecution Agreement does not prohibit work release. o The Agreement does not regulate what programs Mr. Epstein can participate in while he is serving the County Jail sentence. 3. The Agreement expressly provides that he is to be afforded the same benefits that any other inmate might receive. See ¶ 12 of the Agreement. 5. Under Florida Law, work release is considered part of the confinement. See Rule 33.601.602, Fla. Admin. Code. (work release "allows inmates to work at paid employment in the community while continuing as inmates of the facility where they arc confined.").So he is an inmate. 6. recognized that Mr. Epstein might serve a portion of his sentence through the Work Release Program. o. On December 6, 2007, after the Agreement had been executed, coup el received a ft otification letter in which expresses this intention. The draft document provides that the recipient is "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." Sec December 6, 2007 letter to J. Leflcowitz from attaching draft notification letter, p. 8. 7. I am told that on July 3, 2008, you wrote an email to the Deputy Sherriff stating that the US Attorneys Office had no objection to work release as long as Epstein is treated as any similarly situated inmate. If anything he is being treated more harshly than any other inmate in the program. He can't leave the office. He has a guard and is wearing a GPS device. So his terms are not more lenientbut rather 08-80736-CV-MARRA 577 P-015240 EFTA00189084 more restrictive than any other inmate in the program. Clearly we do not feel this is a violation of the agreement and we have no intent to violate it. We will meet with you and anyone in the executive office to resolve this matter. Certainly it would be best for us to meet and discuss. >» 11124/08 12:28 PM >» Dear Roy: (USAFLS)^ Please review- Assistant U.S. Attorne 08-80736-CV-MARRA P-015241 sn EFTA00189085 (USAFLS) From: (USAF' S) "z =ll> Sent: Wednesday, November 26, 2008 2:24 PM To: (USAFLS); (USAFLS) Subject: RE: Jeffrey Epstein I don't know what he is talking about with a letter from M. I will have to try to find that letter. The citations to the rules of the PBSO are all correct The agreement says that he is entitled to "good time" like other prisoners, but I specifically rejected any language broader than that. My e-mail explained to the Colonel that I didn't think he was statutorily eligible for participation but that decision was one within PBSO's discretion. Assistant U.S. Attorne From: (USAFLS) Sent: Wednesda . November 26, 2008 2:10 PM To: . (USAFLS); (USAFLS) Subject: RE: Jeffrey Epstein Meeting next Thursday. Does anything Roy say hold water? ----Ori "nal Messa From: (USAFLS) Sent: Wednesda November 26 2008 12:18 PM To: (USAFLS); (USAFLS) Subject: PM Jeffrey Epstein Hi guys -- Happy Thanksgiving! Let me know how you would like me to proceed. Assistant U.S. Attorne Message--- From: Roy BLACK [mailto:R8LACKfarovblack.coml Sent: Wcdnesda November 26, 2008 11:56 AM To: (USAFLS) Cc: (USAFLS) Subject: Re: Jeffrey Epstein 08-80736-CV-MARRA P-015242 579 EFTA00189086 since receipt of your letter I have looked into the situation and the following is what is happening: Mr. Epstein has not breached the Non-Prosecution Agreement (the "Agreement") by serving a portion of his 18-month sentence of imprisonment in the Palm Beach County Work Release Program. I . He is currently serving his sentence in the Palm Beach County Work Release Program, not in the State-Regulated Community Control Program. Thus he is not on community control. o The County Jail sentence he is presently serving is being served under the auspices of the Palm Beach County Sheriff's Office. o The Palm Beach County Sheriff's Office has a policy of allowing work release under certain criteria for those sentenced to the Palm Beach County Detention Center or Stockade. It has already been determined that Mr. Epstein qualifies under the Palm Beach County Sheriff's Office policy for work release. The Florida statute authorizing work release for someone imprisoned in county jail is at 951.24 (2Xa). o The statute provides that when punishment by imprisonment in the county jail is prescribed, the sentencing court, in its discretion, may at any time during the sentence consider granting the privilege to the prisoner to leave the confines of the jail or county facility during necessary and reasonable hours, subject to the rules and regulations prescribed by the court, to work at paid employment or to conduct his or her own business or profession. See Fla. Stat. § 951.24(2Xa). o In Palm Beach County, the Sheriff's Office has discretion over work release. The local rules state that placement into House Arrest and Work Release "is at the discretion of the Sheriff and the presiding Judge" and offer no defined scope of the type of offenders that arc eligible—or that arc barred—from serving their time in Work Release." See Palm Beach County Department of Corrections Inmate Rule G-16. 2. The Non Prosecution Agreement does not prohibit work release. o The Agreement does not regulate what programs Mr. Epstein can participate in while he is serving the County Jail sentence. 3. The Agreement expressly provides that he is to be afforded the same benefits that any other inmate might receive. See 1 12 of the Agreement. 5. Under Florida Law, work release is considered part of the confinement. See Rule 33.601.602, Ha. Adam/II tra 80736-CV-MARRA 580 P-015243 EFTA00189087 Code. (work release "allows inmates to work at paid employment in the community while continuing as inmates of the facility where they are confined.").So he is an inmate. 6. recognized that Mr. Epstein might serve a portion of his sentence through the Work Release Program. o. On December 6, 2007, after the Agreement had been executed, counsel received a dra notification letter in which expresses this intention. The draft document provides that the recipient is "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." See December 6, 2007 letter to J. Lefkowitz from attaching draft notification letter, p. 8. 7. I am told that on July 3, 2008, you wrote an email to the Deputy Sherriff stating that the US Attorney's Office had no objection to work release as long as Epstein is treated as any similarly situated inmate. If anything he is being treated more harshly than any other inmate in the program. He can't leave the office. He has a guard and is wearing a GPS device. So his terms are not more lenientbut rather more restrictive than any other inmate in the program. Clearly we do not feel this is a violation of the agreement and we have no intent to violate it. We will meet with you and anyone in the executive office to resolve this matter. Certainly it would be best for us to meet and discuss. >>> 11/24/08 12:28 PM >>> Dear Roy: Please review Assistant U.S. Attorne (USAFLS)• 08-80736-CV-MARRA P-015244 581 EFTA00189088 (USAFLS) From: (USAFLS) < Sent: Wednesday, November 26, 2008 2:27 PM To: (USAFLS); Subject: RE: Jeffrey Epstein (USAFLS) Perhaps a conference call is in order on Wednesday before the Thursday meeting. If that's o.k. How's 10:30 am on Wednesday? Have a great Thanksgiving. --Ori inal Messer e---- From: (USAFLS) Sent: Wednesda November 26 2008 2:24 PM To: (USAFLS); (USAFLS) Subject: RE: Jeffrey Epstein I don't know what he is talking about with a letter from.. I will have to try to find that letter. The citations to the rules of the PBSO are all correct. The agreement says that he is entitled to "good time" like other prisoners, but I specifically rejected any language broader than that. My e-mail explained to the Colonel that I didn't think he was statutorily eligible for participation but that decision was one within PBSO's discretion. Assistant U.S. Attorne inal Mes e— • From: (USAFLS) Sent: Wednesda November 26, 20082: 0 !L Ltig_ To: (USAFLS); (USAFLS) Subject: RE: Jeffrey Epstein Meeting next Thursday. Does anything Roy say hold water ? ---Ori inal Mess e-- From: (USAFLS) Sent: Wcdnesda November 26 2008 I2:1 PM To: (USAFLS); (USAFLS) Subject: FW: Jeffrey Epstein Hi guys -- Happy Thanksgiving! Let me know how you would like me to proceed. Assistant U.S. Attome 08-80736-CV-MARRA 582 P-015245 EFTA00189089 1=' ---Original Message--- From: Roy BLACK frnailto:RBLACKerovblack.com] Sent: Wedn da N v r 26, 2008 11:56 AM To: (USAFLS) Cc: (USAFLS) Subject: Re: Jeffrey Epstein since receipt of your letter I have looked into the situation and the ',flowing is what is happening: Mr. Epstein has not breached the Non-Prosecution Agreement (the "Agreement") by serving a portion of his 18-month sentence of imprisonment in the Palm Beach County Work Release Program. I . He is currently serving his sentence in the Palm Beach County Work Release Program, not in the State-Regulated Community Control Program. Thus he is not on community control. o The County Jail sentence he is presently serving is being served under the auspices of the Palm Beach County Sheriff's Office. o The Palm Beach County Sheriff's Office has a policy of allowing work release under certain criteria for those sentenced to the Palm Beach County Detention Center or Stockade. It has already been determined that Mr. Epstein qualifies under the Palm Beach County Sheriff's Office policy for work release. The Florida statute authorizing work release for someone imprisoned in county jail is at 951.24 (2Xa). o The statute provides that when punishment by imprisonment in the county jail is prescribed, the sentencing court, in its discretion, may at any time during the sentence consider granting the privilege to the prisoner to leave the confines of the jail or county facility during necessary and reasonable hours, subject to the rules and regulations prescribed by the court, to work at paid employment or to conduct his or her own business or profession. Scc Fla. Stat. § 951.24(2Xa). o In Palm Beach County, the Sheriff's Office has discretion over work release. The local rules state that placement into House Arrest and Work Release "is at the discretion of the Sheriff and the presiding Judge" and offer no defined scope of the type of offenders that are eligible—or that are barred—from serving their time in Work Release." See Palm Beach County Department of Corrections Inmate Rule 0-16. 2. The Non Prosecution Agreement does not prohibit work release. 08-80736-CV-MARRA P-015246 583 EFTA00189090 o The Agreement does not regulate what programs Mr. Epstein can participate in while he is serving the County Jail sentence. 3. The Agreement expressly provides that he is to be afforded the same benefits that any other inmate might receive. Seel 12 of the Agreement. 5. Under Florida Law, work release is considered part of the confinement. See Rule 33.601.602, Fla. Admin. Code. (work release "allows inmates to work at paid employment in the community while continuing as inmates of the facility where they are confincd.").So he is an inmate. 6. recognized that Mr. Epstein might serve a portion of his sentence through the Work Release Program. o. On December 6, 2007, after the Agreement had been executed, counsel rece'ved a d ft otification letter in which expresses this intention. The draft document provides that the recipient is "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." See December 6, 2007 letter to J. Lefkowitz from attaching draft notification letter, p. 8. 7. I am told that on July 3, 2008, you wrote an email to the Deputy Sherriff stating that the US Attorney's Office had no objection to work release as long as Epstein is treated as any similarly situated inmate. If anything he is being treated more harshly than any other inmate in the program. He can't leave the office. He has a guard and is wearing a GPS device. So his terms are not more lenientbut rather more restrictive than any other inmate in the program. Clearly we do not feel this is a violation of the agreement and we have no intent to violate it. We will meet with you and anyone in the executive office to resolve this matter. Certainly it would be best for us to meet and discuss. >» 11/24/08 12:28 PM >» Dear Roy: Please review Assistant U.S. A e (ISAR'S)" 't > 08-80736-CV-MARRA P-015247 584 EFTA00189091 (USAFLS) From: (USAFLS) Sent: Wednesday, November 26, 2008 2:28 PM To: (USAFLS); (USAFLS) Subject RE: Jeffrey Epstein Perfect. I'll send an e-mail around before then, too. Assistant U.S. A -----Ori inal Messa e-- From: (USAFLS) Sent: Wednesda November 26, 2008 2:27 PM To: (USAFLS); (USAFLS) Subject: RE: Je my Epstein Perhaps a conference call is in order on Wednesday before the Thursday meeting. If that's o.k. How's 10:30 am on Wednesday? Have a great Thanksgiving. ---Ori inal Messa From: (USAFLS) Sent: Wednesda November 26 2008 2:24 PM To: (USAFLS); (USAFLS) Subject: RE: Jeffrey Epstein I don't know what he is talking about with a letter from M. I will have to try to find that letter. The citations to the rules of the PBSO are all correct The agreement says that he is entitled to "good time" like other prisoners, but I specifically rejected any language broader than that. My e-mail explained to the Colonel that I didn't think he was statutorily eligible for participation but that decision was one within PBSO's discretion. Assistant U.S. Attome ---Ori inal Messa e— From: (USAFLS) Sent: Wednesday, November 26, 2008 2:10 PM 08-80736-CV-MARRA P-015248 585 EFTA00189092 To: (USAFLS); (USAFLS) Subject: RE: Jeffrey Epstein Meeting next Thursday. Does anything Roy say hold water? —Ori inal Messa From: (USAFLS) Sent: Wednesda November 26 2008 12:18 PM To: (USAFLS); (USAFI.S) Subject: FW: Jeffrey Epstein Hi guys -- Happy Thanksgiving! Let me know how you would like me to proceed. Assistant U.S. Attorne ----Original Message--- From: Roy BLACK (mailto:RBLACKaroyblack.cod Sent: Wednesda November 26, 2008 11:56 AM To: (USAFLS) Cc: (USAFI.S) Subject: Re: Jeffrey Epstein since receipt of your letter I have looked into the situation and the following is what is happening: Mr. Epstein has not breached the Non-Prosecution Agreement (the "Agreement") by serving a portion of his I S-month sentence of imprisonment in the Palm Beach County Work Release Program. I. He is currently serving his sentence in the Palm Beach County Work Release Program, not in the State-Regulated Community Control Program. Thus he is not on community control. o The County Jail sentence he is presently serving is being served under the auspices of the Palm Beach County Sheriff's Office. o The Palm Beach County Sheriff's Office has a policy of allowing work release under certain criteria for those sentenced to the Palm Beach County Detention Center or Stockade. It has already been determined that Mr. Epstein qualifies under the Palm Beach County Sheriff's Office policy for work release. The Florida statute authorizing work release for someone imprisoned in county jail is at 951.24 (2Xa). o The statute provides that when punishment by imprisonment in the county jail is prescribed, the sentencing court, in its discretion, may at any time during the sentence considcr granting the privilege to the prisoner to leave the confines of the jail or county facility during necessary and reasonable hougg_80736-CV-MARRA 586 P-015249 EFTA00189093 subject to the rules and regulations prescribed by the court, to work at paid employment or to conduct his or her own business or profession. Sec Ha. Stat. § 051.24(2Xa). o In Palm Beach County, the Sheriff's Office has discretion over work release. The local rules state that placement into House Arrest and Work Release "is at the discretion of the Sheriff and the presiding Judge" and offer no defined scope of the type of offenders that are eligible—or that are barred—from serving their time in Work Release." See Palm Beach County Department of Corrections Inmate Rule 6-16. 2. The Non Prosecution Agreement does not prohibit work release. o The Agreement does not regulate what programs Mr. Epstein can participate in while he is serving the County Jail sentence. 3. The Agreement expressly provides that he is to be afforded the same benefits that any other inmate might receive. See 4112 of the Agreement. 5. Under Florida Law, work release is considered part of the confinement. See Rule 33.601.602, Fla. Admin. Code. (work release "allows inmates to work at paid employment in the community while continuing as inmates of the facility where they are confined.").So he is an inmate. 6. recognized that Mr. Epstein might serve a portion of his sentence through the Work Release Program. o. On December 6, 2007, after the Agreement had been executed, counsel received a draft notification letter in which expresses this intention. The draft document provides that the recipient is "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." See December 6, 2007 letter to J. Lefkowitz from attaching draft notification letter, p. 8. 7. I am told that on July 3, 2008, you wrote an email to the Deputy Sherriff stating that the US Attorney's Office had no objection to work release as long as Epstein is treated as any similarly situated inmate. If anything he is being treated more harshly than any other inmate in the program. He can't leave the office. He has a guard and is wearing a GPS device. So his terms are not more lenientbut rather more restrictive than any other inmate in the program. Clearly we do not feel this is a violation of the agreement and we have no intent to violate it. We will meet with you and anyone in the 08-80736-CV-MARRA P-015250 587 EFTA00189094 executive office to resolve this mailer. Certainly it would be best for us to meet and discuss. >» 11/24/08 12:28 PM >>> Dear Roy: Please review Assistant U.S. Attorne . (USAFLS)" 08-80736-CV-MARRA P-015251 EFTA00189095 EMMEN! (USAFLS) From: (USAFLS) < Sent: Wednesday, November 26, 2008 2:28 PM To: (USAFLS); (USAFLS) Subject RE Jeffrey Epstein That is the e-mail to the Colonel that I describe at the bottom. Assistant U.S. Attorne --Ori inal Messa e--- From: (USAFLS) Sent: Wednesda November 26, 2008 2:27 PM To: . (USAFLS); (USAFLS) Subject: RE: Jeffrey Epstein Ok. What about the July 3 email he says that you wrote ? From: (USAFLS) Sent: Wcdncsda November 26 2008 2:24 PM To: (USAFLS); (USAFLS) Subject: RE: Jeffrey Epstein I don't know what he is talking about with a letter from M. I will have to try to find that letter. The citations to the rules of the PBSO are all correct. The agreement says that he is entitled to "good time" like other prisoners, but I specifically rejected any language broader than that. My e-mail explained to the Colonel that I didn't think he was statutorily eligible for participation but that decision was one within PBSO's discretion. Assistant U.S. Attorne ----Ori inal Messa From: (USAFLS) Sent: Wednesday, November 26, 2008 2:10 PM 08-80736-CV-MARRA P-015252 589 EFTA00189096 To: (USAFLS); (USAFLS) Subject: RE: Jeffrey Epstein Meeting next Thursday. Does anything Roy say hold water ? ---Ori final Messa e••••••.• From: . (USAFLS) Sent: Wednesda November 26 008 12:18 PM To: (USAFLS); (USAFLS) Subject: FW: Jeffrey Epstein Hi guys -- Happy Thanksgiving! Let me know how you would like me to proceed. Assistant U.S. Attorne --Original Message— From: Roy BLACK [rnailto:RBLACKarovblack.comi Sent: Wedncsda November 26, 2008 11:56 AM To: . (USAFLS) Cc: (USAFLS) Subject: Re: Jeffrey Epstein since receipt of your letter I have looked into the situation and the following is what is happening: Mr. Epstein has not breached the Non-Prosecution Agreement (the "Agreement") by serving a portion of his I8-month sentence of imprisonment in the Palm Beach County Work Release Program. I. He is currently serving his sentence in the Palm Beach County Work Release Program, not in the State-Regulated Community Control Program. Thus he is not on community control. o The County Jail sentence he is presently serving is being served under the auspices of the Palm Beach County Sheriff's Office. o The Palm Beach County Sheriff's Office has a policy of allowing work release under certain criteria for those sentenced to the Palm Beach County Detention Center or Stockade. It has already been determined that Mr. Epstein qualifies under the Palm Beach County Sheriff's Office policy for work release. Thc Florida statute authorizing work release for someone imprisoned in county jail is at 951.24 (2)(a). o The statute provides that when punishment by imprisonment in the county jail is prescribed, the sentencing court, in its discretion, may at any time during the sentence consider granting the privilege to the prisoner to leave the confines of the jail or county facility during necessary and reasonable hou08_80736-CV-MARRA 590 P-015253 EFTA00189097 subject to the rules and regulations prescribed by the court, to work at paid employment or to conduct his or her own business or profession. See Ha. Stat. § 951.24(2Xa). o In Palm Beach County, the Sheriffs Office has discretion over work release. The local rules state that placement into House Arrest and Work Release "is at the discretion of the Sheriff and the presiding Judge" and offer no defined scope of the type of offenders that are eligible-- or that are barred from serving their time in Work Release." See Palm Beach County Department of Corrections Inmate Rule G-I6. 2. The Non Prosecution Agreement does not prohibit work release. o The Agreement does not regulate what programs Mr. Epstein can participate in while he is serving the County Jail sentence. 3. The Agreement expressly provides that he is to be afforded the same benefits that any other inmate might receive. See 9 12 of the Agreement. 5. Under Florida Law, work release is considered part of the confinement. See Rule 33.601.602, Fla. Admin. Code. (work release "allows inmates to work at paid employment in the community while continuing as inmates of the facility where they are confined.").So he is an inmate. 6. recognized that Mr. Epstein might serve a portion of his sentence through the Work Release Program. o. On December 6, 2007, after the Agreement had been executed, counsel received a draft notification letter in which expresses this intention. The draft document provides that the recipient is "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." See December 6, 2007 letter to 1. Lefkowitz from attaching draft notification letter, p. 8. 7. I am told that on July 3, 2008, you wrote an email to the Deputy Sherriff stating that the US Attorney's Office had no objection to work release as long as Epstein is treated as any similarly situated inmate. If anything he is being treated more harshly than any other inmate in the program. He can't leave the office. He has a guard and is wearing a GPS device. So his terms are not more lenientbut rather more restrictive than any other inmate in the program. Clearly we do not feel this is a violation of the agreement and we have no intent to violate it. We will meet with you and anyone in the 08-80736-CV-MARRA P-015254 591 EFTA00189098 executive office to resolve this matter. Certainly it would be best for us to meet and discuss. >» 11/24/08 12:28 PM >» Dear Roy: Please review Assistant U.S. Attome (USAFLS). 'c > 08-80736-CV-MARRA P-015255 592 EFTA00189099 (USAFLS) From: (USAFLS) c Sent: Wednesday, November 26, 2008 2:30 PM To: (USAFLS) Subject: RE: Jeffrey Epstein It's about time for me to simply say, "have a great Thanksgiving." We'll hammer this out next week. Thx. Bob inal Mes From: (USAFIS) Sent: Wednesda November 26 2008 2:2 PM To: (USAFLS); (USAFLS) Subject: RE: Jeffrey Epstein That is the e-mail to the Colonel that I describe at the bottom. Assistant U.S. Attorne ----Ori inal Messa e--- From: (USAFLS) Sent: Wednesda November 26, 2008 2:2 PM To: (USAFLS); (USAFLS) Subject: RE: Jeffrey Epstein Ok. What about the July 3 email he says that you wrote ? --Ori inal Mes e---- From: . (USAFLS) Sent: Wedncsda November 26 2008 2:2 PM To: (USAFLS); (USAFLS) Subject: RE: Jeffrey Epstein I don't know what he is talking about with a letter from M. I will have to try to find that letter. The citations to the rules of the PBSO are all correct. The agreement says that he is entitled to "good time" like other prisoners, but I specifically rejected any language broader than that. My e-mail explained to the Colonel that I didn't think he was statutorily eligible for participation but that decision was one within PBSO's discretion. 08-80736-CV-MARRA P-015256 593 EFTA00189100 Assistant U.S. Attorn —Ori inal Messa e-- From: (USAFLS) Sent: Wednesda November 26, 2008 2:10 PM To: (USAFLS); Subject: RE: Jeffrey Epstein USAFLS) Meeting next Thursday. Does anything Roy say hold water ? From: (USAFLS) Sent: Wednesda November 26 2008 12:18 PM To: (USAFLS); (USAFLS) Subject: FW: Jeffrey Epstein Ili guys -- Happy Thanksgiving! Let me know how you would like me to proceed. Assistant U.S. Attorne —Original Message---- From: Roy BLACK (mailto:RBLACKerovblack.com] Sent: Wcdnesda November 26, 2008 11:56 AM To: (USAFLS) Cc: (USAFLS) Subject: Re: Jeffrey Epstein since receipt of your letter I have looked into the situation and the following is what is happening: Mr. Epstein has not breached the Non-Prosecution Agreement (the "Ag,reemenf, by serving a portion of his 18-month sentence of imprisonment in the Palm Beach County Work Release Program. I. He is currently serving his sentence in the Palm Beach County Work Release Program, not in the State-Regulated Community Control Program. Thus he is not on community control. o The County Jail sentence he is presently serving is being served under the auspices of the Palm Beach County Sheriff's Office. o The Palm Beach County Sheriff's Office has a policy of allowing work release under certain criteria for 08-80736-CV-MARRA 594 P-015257 EFTA00189101 those sentenced to the Palm Beach County Detention Center or Stockade. It has already been determined that Mr. Epstein qualifies under the Palm Beach County Sheriff's Office policy for work release. The Florida statute authorizing work release for someone imprisoned in county jail is at 951.24 (2Xa). o The statute provides that when punishment by imprisonment in the county jail is prescribed, the sentencing court, in its discretion, may at any time during the sentence consider granting the privilege to the prisoner to leave the confines of the jail or county facility during necessary and reasonable hours, subject to the rules and regulations prescribed by the court, to work at paid employment or to conduct his or her own business or profession. Sec Fla. Stat. § 951.24(2Xa). o In Palm Beach County, the Sheriff's Office has discretion over work release. The local rules state that placement into House Arrest and Work Release "is at the discretion of the Sheriff and the presiding Judge" and offer no defined scope of the type of offenders that are eligible—or that are barred—from serving their time in Work Release." See Palm Beach County Department of Corrections Inmate Rule G-I6. 2. The Non Prosecution Agreement does not prohibit work release. o The Agreement does not regulate what programs Mr. Epstein can participate in while he is serving the County Jail sentence. 3. The Agreement expressly provides that he is to be afforded the same benefits that any other inmate might receive. See 1 12 of the Agreement. 5. Under Florida Law, work release is considered part of the confinement. See Rule 33.601.602, Fla. Admin. Code. (work release "allows inmates to work at paid employment in the community while continuing as inmates of the facility where they are confined.").So he is an inmate. 6. recognized that Mr. Epstein might serve a portion of his sentence through the Work Release Program. o. On December 6, 2007, after the Agreement had been executed, counsel received a draft notification letter in which expresses this intention. The draft document provides that the recipient is "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." ce December 6, 2007 letter to J. Lefkowitz from attaching draft notification letter, p. 8. 08-80736-CV-MARRA P-015258 595 EFTA00189102 7. I am told that on July 3, 2008, you wrote an email to the Deputy Sherriff stating that the US Attorney's Office had no objection to work release as long as Epstein is treated as any similarly situated inmate. If anything he is being treated more harshly than any other inmate in the program. He can't leave the office. He has a guard and is wearing a GPS device. So his terms are not more lenientbut rather more restrictive than any other inmate in the program. Clearly we do not feel this is a violation of the agreement and we have no intent to violate it. We will meet with you and anyone in the executive office to resolve this matter. Certainly it would be bat for us to meet and discuss. >>> " I1/24/08 12:28 PM >» Dear Roy: Please review Assistant U.S. Attorn • (USAF"). "c a 08-80736-CV-MARRA 596 P-015259 EFTA00189103 (USAFLS) From: . (USAFLS) Sent Wednesda , November 26, 2008 2:46 PM To: (USAFLS) Subject RE: Jeffrey Epstein Have a great one. I'll talk to you soon. Assistant U.S. Attorn ----Ori inal Messa e--- From: (USAFLS) Sent: Wednesda November 26, 2008 2:30 PM To: (USAFLS) Subject: RE: Jeffrey Epstein It's about time for me to simply say, "have a great Thanksgiving?' We'll hammer this out next week. Thx. Bob *nal Messa From: (USAFLS) Sent: Wcdnesda November 26 2008 2:28 PM To: (USAFLS); (USAFLS) Subject: RE: Jeffrey Epstein That is the e-mail to the Colonel that I describe at the bottom. Assistant U.S. Attorn Ori inal Messa From: (USAFLS) Sent: Wednesda November 26, 2008 2:27 P To: (USAFLS); (USAFLS) Subject: RE: Jeffrey Epstein Ok. What about the July 3 email he says that you wrote ? 08-80736-CV-MARRA 597 > P-015260 EFTA00189104 -----Ori inal Mess e---- From: (USAFLS) Sent: Wednesda November • M To: (USAFLS); (USAFLS) Subject: RE: Jeffrey Epstein I don't know what he is talking about with a letter from M. I will have to try to find that letter. The citations to the rules of the PBSO arc all co t. The agreement says that he is entitled to "good time" like other prisoners, but I specifically rejected any language broader than that. My e-mail explained to the Colonel that I didn't think he was statutorily eligible for participation but that decision was one within PBSO's discretion. Assistant U.S. Attorne ---Ori inal Messa e---- From: (USAFLS) Sent: Wednesda N vember 26, 2008 2:10 PM To: (USAFLS); Subject: RE: Jeffrey Epstein (USAFLS) Meeting next Thursday. Does anything Roy say hold water? --Ori inal Messa From: (USAFLS) Sent: Wednesda November 26 2008 12:18 PM To: (USAFLS); (USAFLS) Subject: FW: Jeffrey Fpd.'in Hi guys — Happy Thanksgiving? Let me know how you would like me to proceed. Assistant U.S. Attorne ----Original Message--- From: Roy BLACK fmailto:RBLACK(Wrovblack.com] Sent: Wednesda November 26, 2008 11:56 AM To: . (USAFLS) Cc: (USAFLS) Subject: Re: Jeffrey Epstein E since receipt of your letter I have looked into the situation and lowing is what is happening: 08-80736-CV-MARRA P-015261 598 EFTA00189105 Mr. Epstein has not breached the Non-Prosecution Agreement (the "Agreement") by serving a portion of his 18-month sentence of imprisonment in the Palm Beach County Work Release Program. 1. He is currently serving his sentence in the Palm Beach County Work Release Program, not in the State-Regulated Community Control Program. Thus he is not on community control. o The County Jail sentence he is presently serving is being served under the auspices of the Palm Beach County Sheriff's Office. o The Palm Beach County Sheriff's Office has a policy of allowing work release under certain criteria for those sentenced to the Palm Beach County Detention Center or Stockade. It has already been determined that Mr. Epstein qualifies under the Palm Beach County Sheriff's Office policy for work release. The Florida statute authorizing work release for someone imprisoned in county jail is at 951.24 (2Xa). o The statute provides that when punishment by imprisonment in the county jail is prescribed, the sentencing court, in its discretion, may at any time during the sentence consider granting the privilege to the prisoner to leave the confines of the jail or county facility during necessary and reasonable hours, subject to the rules and regulations prescribed by the court, to work at paid employment or to conduct his or her own business or profession. Sec Fla. Stat. § 951.24(2Xa). o In Palm Beach County, the Sheriff's Office has discretion over work release. The local rules state that placement into House Arrest and Work Release "is at the discretion of the Sheriff and the presiding Judge" and offer no defined scope of the type of offenders that are eligible—or that are barred—from serving their time in Work Release." See Palm Beach County Department of Corrections Inmate Rule O-16. 2. The Non Prosecution Agreement does not prohibit work release. o The Agreement does not regulate what programs Mr. Epstein can participate in while he is serving the County Jail sentence. 3. The Agreement expressly provides that he is to be afforded the same benefits that any other inmate might receive. See 1 12 of the Agreement. 5. Under Florida Law, work release is considered part of the confinement. See Rule 33.601.602, Fla. Admin. Code. (work release "allows inmates to work at paid employment in the community while continuing as inmates of the facility where they are confined.").So he is an inmate. 08-80736-CV-MARRA 599 P-015262 EFTA00189106 6. recognized that Mr. Epstein might serve a portion of his sentence through the Work Release Program. o. On December 6, 2007, after the Agreement had been executed, counsel received a draft notification letter in which expresses this intention. The draft document provides that the recipient is "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." Sec December 6, 2007 letter to J. Lefkowitz from attaching draft notification letter, p. 8. 7. I am told that on July 3, 2008, you wrote an email to the Deputy Sherri ff stating that the US Attorney's Office had no objection to work release as long as Epstein is treated as any similarly situated inmate. If anything he is being treated more harshly than any other inmate in the program. He can't leave the office. Ile has a guard and is wearing a GPS device. So his terms are not more lenientbut rather more restrictive than any other inmate in the program. Clearly we do not feel this is a violation of the agreement and we have no intent to violate it. We will meet with you and anyone in the executive office to resolve this matter. Certainly it would be best for us to meet and discuss. >» 11/24/08 12:28 PM >>> Dear Roy: cusAasr Please review- Assistant U.S. Attorne 08-80736-CV-MARRA P-015263 600 EFTA00189107