EFTA00189362.pdf

Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Friday. March 21 2008 3.47 PM To: Gelber. Subject: RE: Follow up Eli — Don't worry, I have decided to just wait to see your result. I think the state charges don't fit the crime anyw y, and I have the tapes of the grand jury presentation, where the Assistant State Attorney cross- examined the victims instead of simply presenting the case. (The defense doesn't know that we have those tapes.) The State's handling of the case was one of the reasons why we looked into this in the first place. As I mentioned earlier, I will be out next week. Starting on late Tuesday or Wednesday, I should be able to check e-mail, so feel free to contact me that way. My cell phone is 561 601-2301, and you can reach Nesbitt on her cell phone at 954 553-3471. Thanks again. A. Marie Villaptia Assistant U.S. Attorney 561 209-1047 Fax 561 820-8777 From: Gelber, a Sent: Friday, a , 2008 3:20 PM To: Villafana, Ann Marie C. (USAFLS); Oosterbaan, Andrew Cc: Sloman, Jeff (USAFLS); Senior, Robert (USAFLS) Subject: RE: Follow up Thanks Marie, that is very helpfuL Please don't take my question as a su:,:estion that the state drop the charges — I just needed this information to round out the discussion about the petite policy. From: Villafana, Ann Marie C. (USAFLS) rmailto:Ann.Marie.C.Villafana@usdolgov] Sent: Frida ch 21, 2008 3:15 PM To: Gelber, Oosterbaan, Andrew Cc: Sloman, IS); Senior, Robert (USAFLS) Subject: RE: Follow up I I i Here is the info that I have. Jeopardy attaches at the start of the presentation of evidence at trial, so that show not be an issue. The bigger problem is the statute of limitations. A defendant can waive his right to challenge the statute under Florida law. but I don't think that Epstein will be willing to do so. At this point he also could demand a speedy trial. Once he has done so, if the trial is not held very quickly. he can move for "discharge." Once -discharged." Epstein cannot be prosecuted on the crime charged or any other crimes that could have been charged as a result of the same conduct or criminal episode. The State cannot avoid this bar by filing a "Nolle Prosequi" and then trying to re-file the same or different charges based on the same conduct or criminal episode. 1258 08-80736-CV-MARRA P-014743 EFTA00189362 Please let me know if you need anything else. A. Marie Villegjaha Assistant U.S. Attorney 500 S. Australian Ave. Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Gelber, Sent: Friday, March 21, 2008 11:51 AM To: Villafana, Ann Marie C. (USAFLS); Oosterbaan, Andrew Cc: Sloman, Jeff (USAFLS); Senior, Robert (USAFLS) Subject: RE: Follow up One more question — do you know when double jeopardy attaches under Florida law? More specifically, if the state charges were dropped now, could they be dropped without prejudice? From: Villafana, Ann Marie C. (USAFLS) rmallto:Ann.Marle.C.Villafana@usdol.gov] Sent: Thursda March 20, 2008 4:39 PM To: Gelber, 0osterbaan, Andrew Cc: Sloman, Je u AFLS); Senior, Robert (USARS) 0. Subject: RE: Follow up Iii — The state indictment is related to two girls. One of those girls is included in the federal indic men , e other is not. The state indictment charges solicitation of adult prostitution, it does not charge any child exploitation offense, despite the fact that, under Florida law, neither lack of knowledge of age nor affirmative misrepresentation of age by the victim is a defense. The victim from the state case who is referenced in the federal indictment told Epstein her true age and he engaged in full sexual intercourse with her a few days shy of her 18th birthday. For that birthday, he gave her a series of gifts, including lingerie. The other 18 girls named in the current indictment are not pan of the state indictment. The state case currently has a trial date set for July. Before we got involved, the police were told that Epstein was going to plead to a misdemeanor and get no jail time. (That is one of the reasons why they asked the FBI to step in.) Since the federal investigation began, Epstein's counsel have continued the case repeatedly on the basis that they cannot resolve that case until the federal case is resolved. As part of the non-prosecution agreement that the Office put together with Epstein. the federal case was supposed to be resolved if Epstein agreed to three main terms: (I) he had to plead to a state offense for which sex offender registration was required, specifically, the procurement of minors to engage in prostitution; (2) he had to agree to an I8-month term of incarceration; and (3) he had to agree to pay restitution and damages to the victims. After the agreement was signed, he then tried to escape all three requirements. He objected to pleading to the state charge, claiming that the facts did not apply, and asked to plead to a non-registrable offense instead. When we responded that there were four other registrable offenses where the facts certainly fit, those were rejected because (I) they required registration and (2) the state sentencing guidelines for those offenses were too high. He tried to arrange to get out on work release, which would allow him to "work" anywhere he liked during the day and sleep in a halfway house, rather than a jail. at night. When he learned that sex offenders 1259 08-80736-CV-MARRA P-014744 EFTA00189363 weren't allowed to be a part of the work release program, he started complaining about the jail time. He now wants to get a "suspended sentence" and/or home confinement, instead. He complained that he should be able to fully litigate the issues of liability and damages with regard to the third term of the agreement, despite his agreement directly to the contrary. With respect to the current status of the state case, other than the new trial date, all that I know is that Epstein is now subpoenaing victims for depositions who are not included in the state indictment. (Under Florida law, defense counsel are allowed to depose witnesses, including victims, prior to trial.) He seems to be trying to use that process to get information about the federal investigation. I do not know whether Epstein's misdemeanor deal is back on the table because the defense demanded that we have no contact with the State Attorney's Office, so I haven't spoken with the ASA in over 6 months. I wish I had more information to give you. If you would like me to reach out to either the local detective on the state case or the Assistant State Attorney, please let me know. Or, if you would like their contact info, I can forward that to you, too. Thank you. 1 will be back in the office tomorrow and you can call me there with any other questions. A. Ma►ie Villafaiia Assistant U.S. Attorney 561 209-1047 Fax 561 820-8777 From: Gelber, Sent: Thursday, March 20, 2008 11:49 AM To: Oosterbaan, Andrew; Villafana, Ann Marie C. (USAFLS) Cc: Sloman, Jeff (USAFLS) Subject: RE: Follow up Marie, Two quick questions: Could you clarify whether any of the victims that are included in the state indictment would also be included in any federal indictment? If you know, what is the status of the state case? Thanks, From: Oosterbaan, Andrew Sent: Wednesday, March 19, 2008 7:17 PM To: VillafanaAnn Marie C. (USAFLS) Cc: Gelber, Sloman, Jeff (USAFLS) Subject: RE: Follow up I'm running out the door, but I wanted to get a response off. Sorry for not updating you sooner. The meeting went well — enough. They wanted to 'complete the record" with some written material, which we expect to have by Monday. Were putting together our response to their arguments and we should be ready to issue it as soon as we get and digest their final submissions. Assuming we get the submissions by Monday. I expect to have our position to you by the middle of next week. 1260 08-80736-CV-MARRA P-014745 EFTA00189364 So far we've not had any questions we couldn't answer with the materials at hand. but we'll reach out to you promptly if we need to Thanks, Mane From: Villafana, Ann Marie C. (USAFLS) [mailto:Ann.Marte.C.Villafanagiusdolgov] Sent: Wednesday, March 19, 2008 6:30 PM To: Oosterbaan, Andrew Subject: Follow up Hi Drew — Sorry to bother you. I know you had mentioned that you might have some questions for me after your meeting. I am going to be out most of the day tomorrow and then back on Friday and then I will be out for a week, so I wanted to get stuff to you before I leave. Do you need anything from me or the investigators? Thanks. A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 1261 08-80736-CV-MARRA P-014746 EFTA00189365 Villafana, Ann Marie C. (USAFLS) From: Gelber. Sent: Friday, March 21, 2008 3.20 PM To: Villafana, Ann Marie C. (USAFLS); Oosterbaan, Andrew Cc: Sloman, Jeff (USAFLS); Senior, Robert (USAFLS) Subject: RE: Follow up Thanks Marie, that is very helpful. Please don't take my question as a suggestion that the state drop the charges — I just needed this information to round out the discussion about the petite policy. From: Villafana, Ann Marie C. (USAFLS) [mailto:Ann.Marie.C.Villafana@usdoj.gov] Sent: Fridaiiii, 2008 3:15 PM To: Gelber, Oosterbaan, Andrew Cc: Sloman, Jeff (USAFLS); Senior, Robert (USAFLS) Subject: RE: Follow up Eli - I lere is the info that I have. Jeopardy attaches at the start of the presentation of evidence at trial. so that should not be an issue. The bigger problem is the statute of limitations. A defendant can waive his right to challenge the statute under Florida law, but I don't think that Epstein will be willing to do so. At this point he also could demand a speedy trial. Once he has done so, if the trial is not held very quickly. he can move for "discharge." Once "discharged." Epstein cannot be prosecuted on the crime charged or any other crimes that could have been charged as a result of the same conduct or criminal episode. The State cannot avoid this bar by filing a "Nolle Prosequi" and then trying to re-file the same or different charges based on the same conduct or criminal episode. Please let me know if you need anything else. A. Marie l'ilicfrafia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach. FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Gelber, Sent: Friday, March 21, 2008 11:51 AM To: Vlllafana, Ann Marie C. (USAFLS); Oosterbaan, Andrew Cc: Sloman, Jeff (USAFLS); Senior, Robert (USAFLS) Subject: RE: Follow up One more question - do you know when double jeopardy attaches under Florida law? More specifically. if the state charges were dropped now, could they be dropped without prejudice? From: Villafana, Ann Marie C. (USAFLS) [mallto:Ann.Marie.C.VIllafana@usdo).gov) Sent: Thu 20, 2008 4:39 PM To: Gelber, Oosterbaan, Andrew 1262 08-80736-CV-MARRA P-014747 EFTA00189366 Cc: Sloman, Jeff (USAFLS); Senior, Robert (USAFLS) Subject: RE: Follow up Hi — The state indictment is related to two girls. One of those girls is included in the federal indic men e other is not. The state indictment charges solicitation of adult prostitution, it does not charge any child exploitation offense, despite the fact that, under Florida law, neither lack of knowledge of age nor affirmative misrepresentation of age by the victim is a defense. The victim from the state case who is referenced in the federal indictment told Epstein her true age and he engaged in full sexual intercourse with her a few days shy of her 18th birthday. For that birthday, he gave her a series of gifts, including lingerie. The other 18 girls named in the current indictment are not part of the state indictment. The state case currently has a trial date set for July. Before we got involved, the police were told that Epstein was going to plead to a misdemeanor and get no jail time. (That is one of the reasons why they asked the FBI to step in.) Since the federal investigation began, Epstein's counsel have continued the case repeatedly on the basis that they cannot resolve that case until the federal case is resolved. As part of the non-prosecution agreement that the Office put together with Epstein, the federal case was supposed to be resolved if Epstein agreed to three main terms: (I) he had to plead to a state offense for which sex offender registration was required, specifically, the procurement of minors to engage in prostitution; (2) he had to agree to an I8-month term of incarceration; and (3) he had to agree to pay restitution and damages to the victims. After the agreement was signed, he then tried to escape all three requirements. He objected to pleading to the state charge, claiming that the facts did not apply, and asked to plead to a non-registrable offense instead. When we responded that there were four other registrable offenses where the facts certainly rut, those were rejected because (I) they required registration and (2) the state sentencing guidelines for those offenses were too high. He tried to arrange to get out on work release, which would allow him to "work" anywhere he liked during the day and sleep in a halfway house, rather than a jail, at night. When he learned that sex offenders weren't allowed to be a part of the work release program, he started complaining about the jail time. He now wants to get a "suspended sentence" and/or home confinement, instead. He complained that he should be able to fully litigate the issues of liability and damages with regard to the third term of the agreement, despite his agreement directly to the contrary. With respect to the current status of the state case, other than the new trial date, all that I know is that Epstein is now subpoenaing victims for depositions who are not included in the state indictment. (Under Florida law, defense counsel are allowed to depose witnesses, including victims, prior to trial.) He seems to be trying to use that process to get information about the federal investigation. I do not know whether Epstein's misdemeanor deal is back on the table because the defense demanded that we have no contact with the State Attorney's Office, so I haven't spoken with the ASA in over 6 months. I wish I had more information to give you. If you would like me to reach out to either the local detective on the state case or the Assistant State Attorney, please let me know. Or, if you would like their contact info, I can forward that to you, too. Thank you. I will be back in the office tomorrow and you can call me there with any other questions. A. Marie Villafafia Assistant U.S. Attorney 1263 08-80736-CV-MARRA P-014748 EFTA00189367 561 209-1047 Fax 561 820-8777 From: Gelber, sent: Thursday, March 20, 2008 11:49 AM To: Oosterbaan, Andrew; Villafana, Ann Marie C. (USAFLS) Cc: Sloman, Jeff (USAFLS) Subject: RE: Follow up Marie. Two quick questions: Could you clarify whether any of the victims that are included in the state indictment would also be included in any federal indictment? If you know, what is the status of the state case? Thanks, From: Oosterbaan, Andrew Sent: Wednesday, March 19, 2008 7:17 PM To: Villafana Ann Marie C. (USAFLS) Cc: Gelber, Sloman, Jeff (USAFLS) Subject: RE: Follow up I'm running out the door, but I wanted to get a response off. Sorry for not updating you sooner. The meeting went well — enough. They wanted to 'complete the record" with some written material, which we expect to have by Monday. We're putting together our response to their arguments and we should be ready to issue it as soon as we get and digest their final submissions. Assuming we get the submissions by Monday, I expect to have our position to you by the middle of next week. So far we've not had any questions we couldn't answer with the materials at hand. but we'll reach out to you promptly if we need to. Thanks, Mane. From: Villafana, Ann Marie C. (USAFLS) [mailto:Ann.Marie.C.Villafana@usdco.gov] Sent: Wednesday, March 19, 2008 6:30 PM To: Oosterbaan, Andrew Subject: Follow up Hi Drew — Sorry to bother you. I know you had mentioned that you might have some questions for me after your meeting. I am going to be out most of the day tomorrow and then back on Friday and then I will be out for a week, so I wanted to get stuff to you before I leave. Do you need anything from me or the investigators? Thanks. A. Marie Villafafia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 1264 08-80736-CV-MARRA P-014749 EFTA00189368 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 1265 08-80736-CV-MARRA P-014750 EFTA00189369 Villafana, Ann Marie C. (USAFLS) From: Gelber, Sent: Friday, Iarch 2008 3:20 PM To: Villafana, Ann Marie C. (USAFLS); Oosterbaan, Andrew Cc: Sloman, Jeff (USAFLS); Senior, Robert (USAFLS) Subject: RE: Follow up Thanks Marie, that is very helpful. Please don't take my question as a suggestion that the state drop the charges - I just needed this information to round out the discussion about the petite policy. From: Villafana, Ann Marie C. (USAFLS) (mailW:Ann.Marie.C.Villafana@usdoLgov] Sent: Fridax,nati_?), 2008 3:15 PM To: Gelber, MINES Oosterbaan, Andrew Cc: Sloman, Jeff (USAFLS); Senior, Robert (USAFLS) Subject: RE: Follow up Ili Here is the info that I have. Jeopardy attaches at the start of the presentation of evidence at trial. so that should not be an issue. The bigger problem is the statute of limitations. A defendant can waive his right to challenge the statute under Florida law. but I don't think that Epstein will be willing to do so. At this point he also could demand a spee4' trial. Once he has done so, if the trial is not held very quickly. he can move for "discharge." Once -discharged," Epstein cannot be prosecuted on the crime charged or any other crimes that could have been charged as a result of the same conduct or criminal episode. The State cannot avoid this bar by filing a "Nolle Prosequi" and then trying to re-file the same or different charges based on the same conduct or criminal episode. Please let me know if you need anything else. A. Marie VillajeMa Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach. Fl. 33401 Phone 561 209-1047 Fax 561 820-8777 From: Gelber, Sent: Friday, March 2008 11:51 AM To: Villafana, Ann Marie C. (USAFLS); Oosterbaan, Andrew Cc: Sloman, Jeff (USAFLS); Senior, Robert (USAFLS) Subject: RE: Follow up One more question - do you know when double jeopardy attaches under Florida law? More specifically, if the state charges were dropped now, could they be dropped without prejudice? From: Villafana, Ann Marie C. (USAFLS) [mailto:Ann.Marie.C.Villafana@usdcl.gov] Sent: Thursiih 20, 2008 4:39 PM To: Gelber, Oosterbaan, Andrew 1266 08-80736-CV-MARRA P-014751 EFTA00189370 Cc: Sloman, Jeff (USAFLS); Senior, Robert (USAFLS) Subject: RE: Follow up Hi — The state indictment is related to two girls. One of those girls is included in the federal indic c . e other is not. The state indictment charges solicitation of adult prostitution, it does not charge any child exploitation offense, despite the fact that, under Florida law, neither lack of knowledge of age nor affirmative misrepresentation of age by the victim is a defense. The victim from the state case who is referenced in the federal indictment told Epstein her true age and he engaged in full sexual intercourse with her a few days shy of her 18th birthday. For that birthday, he gave her a series of gifts, including lingerie. The other 18 girls named in the current indictment are not part of the state indictment. The state case currently has a trial date set for July. Before we got involved, the police were told that Epstein was going to plead to a misdemeanor and get no jail time. (That is one of the reasons why they asked the FBI to step in.) Since the federal investigation began, Epstein's counsel have continued the case repeatedly on the basis that they cannot resolve that case until the federal case is resolved. As part of the non-prosecution agreement that the Office put together with Epstein, the federal case was supposed to be resolved if Epstein agreed to three main terms: (I) he had to plead to a state offense for which sex offender registration was required, specifically, the procurement of minors to engage in prostitution; (2) he had to agree to an I8-month term of incarceration; and (3) he had to agree to pay restitution and damages to the victims. After the agreement was signed, he then tried to escape all three requirements. He objected to pleading to the state charge, claiming that the facts did not apply, and asked to plead to a non-registrable offense instead. When we responded that there were four other registrable offenses where the facts certainly fit, those were rejected because (I ) they required registration and (2) the state sentencing guidelines for those offenses were too high. He tried to arrange to get out on work release, which would allow him to "work" anywhere he liked during the day and sleep in a halfway house, rather than a jail, at night. When he learned that sex offenders weren't allowed to be a pan of the work release program, he started complaining about the jail time. He now wants to get a "suspended sentence" and/or home confinement, instead. He complained that he should be able to fully litigate the issues of liability and damages with regard to the third term of the agreement, despite his agreement directly to the contrary. With respect to the current status of the state case, other than the new trial date, all that I know is that Epstein is now subpoenaing victims for depositions who are not included in the state indictment. (Under Florida law, defense counsel are allowed to depose witnesses, including victims, prior to trial.) He seems to be trying to use that process to get information about the federal investigation. I do not know whether Epstein's misdemeanor deal is back on the table because the defense demanded that we have no contact with the State Attorney's Office, so I haven't spoken with the ASA in over 6 months. I wish I had more information to give you. If you would like me to reach out to either the local detective on the state case or the Assistant State Attorney, please let me know. Or, if you would like their contact info, I can forward that to you, too. Thank you. I will be back in the office tomorrow and you can call me there with any other questions. A. Marie Villajafia Assistant U.S. Attorney 1267 08-80736-CV-MARRA P-014752 EFTA00189371 561 209-1047 Fax 561 820-8777 From: Gelber, Sent: Thursday, March 20, 2008 11:49 AM To: Oosterbaan, Andrew; Villafana, Ann Marie C. (USAFLS) Cc: Sloman, Jeff (USAFIS) Subject: RE: Follow up Marie, Two quick questions: Could you clarify whether any of the victims that are included in the state indictment would also be included in any federal indictment? If you know, what is the status of the state case? Thanks, From: Oosterbaan, Andrew Sent: Wednesday, March 19, 2008 7:17 PM To: Villafana Ann Mane C. (USAFLS) Cc: Gelber, Sloman, Jeff (USAFLS) Subject: RE: Fo ow up I'm running out the door, but I wanted to get a response off. Sorry for not updating you sooner. The meeting went well — enough. They wanted to 'complete the record* with some written material, which we expect to have by Monday. We're putting together our response to their arguments and we should be ready to issue it as soon as we get and digest their final submissions. Assuming we get the submissions by Monday, I expect to have our position to you by the middle of next week. So far we've not had any questions we couldn't answer with the materials at hand, but we'll reach out to you promptly if we need to. Thanks, Marie. From: Villafana, Ann Marie C. (USAFLS) [mailto:Ann.Marie.C.Villafana@usdolgov] Sent: Wednesday, March 19, 2008 6:30 PM To: Oosterbaan, Andrew Subject: Follow up Hi Drew — Sorry to bother you. I know you had mentioned that you might have some questions for me after your meeting. I am going to be out most of the day tomorrow and then back on Friday and then I will be out for a week, so I wanted to get stuff to you before I leave. Do you need anything from me or the investigators? Thanks. A. Marie Villafraa Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 1268 08-80736-CV-MARRA P-014753 EFTA00189372 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 1269 08-80736-CV-MARRA P-014754 EFTA00189373 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Friday. 2008 3:15 PM To: Gelber. ; Oosterbaan. Andrew Cc: Sloman, a (U AFLS); Senior, Robert (USAFLS) Subject: RE: Follow up Ili Alexandra — I 'ere is the info that I have. Jeopardy attaches at the start of the presentation of evidence at trial. so that should not be an issue. The bigger problem is the statute of limitations. A defendant can waive his right to challenge the statute under Florida law. but I don't think that Epstein will be willing to do so. At this point he also could demand a speedy trial. Once he has done so, if the trial is not held very quickly. he can move for "discharge." Once "discharged," Epstein cannot be prosecuted on the crime charged or any other crimes that could have been charged as a result of the same conduct or criminal episode. The State cannot avoid this bar by filing a "Nolle Prosequi" and then trying to re-file the same or different charges based on the same conduct or criminal episode. Please let me know if you need anything else. A. Marie l'illafaha Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach. FL 33401 Phone 56I 209- I 047 Fax 561 820-8777 From: Gelber, Sent: Friday, March 21, 2008 11:51 AM To: Villafana, Ann Mane C. (USAFLS); Oosterbaan, Andrew Cc: Sloman, Jeff (USAFLS); Senior, Robert (USAFLS) Subject: RE: Follow up One more question - do you know when double jeopardy attaches under Florida law? More specifically, if the state charges were dropped now, could they be dropped without prejudice? From: Villafana, Ann Mane C. (USAFLS) [mallto:Ann.Made.C.VIllafana@usdoj.gov] Sent: Thu 20, 2008 4:39 PM To: Gelber, Oosterbaan, Andrew Cc: Sloman, Jeff (USAFLS); Senior, Robert (USAFLS) Subject: RE: Follow up Hi Alexandra — The state indictment is related to two girls. One of those girls is included in the federal indictment, the other is not. The state indictment charges solicitation of adult prostitution, it does not charge any child exploitation offense, despite the fact that, under Florida law, neither lack of knowledge of age nor affirmative misrepresentation of age by the victim is a defense. The victim from the state case who is referenced in the federal indictment told Epstein her true age and he engaged in full sexual intercourse with her a few days shy of her 18'" birthday. For that birthday, he gave her 1270 08-80736-CV-MARRA P-014755 EFTA00189374 a series of gifts, including lingerie. The other 18 girls named in the current indictment are not part of the state indictment. The state case currently has a trial date set for July. Before we got involved, the police were told that Epstein was going to plead to a misdemeanor and get no jail time. (That is one of the reasons why they asked the FBI to step in.) Since the federal investigation began, Epstein's counsel have continued the case repeatedly on the basis that they cannot resolve that case until the federal case is resolved. As part of the non-prosecution agreement that the Office put together with Epstein, the federal case was supposed to be resolved if Epstein agreed to three main terms: (I) he had to plead to a state offense for which sex offender registration was required, specifically, the procurement of minors to engage in prostitution; (2) he had to agree to an I8-month term of incarceration; and (3) he had to agree to pay restitution and damages to the victims. After the agreement was signed. he then tried to escape all three requirements. He objected to pleading to the state charge, claiming that the facts did not apply, and asked to plead to a non-registrable offense instead. When we responded that there were four other registrable offenses where the facts certainly fit, those were rejected because (I) they required registration and (2) the state sentencing guidelines for those offenses were too high. He tried to arrange to get out on work release, which would allow him to "work" anywhere he liked during the day and sleep in a halfway house, rather than a jail, at night. When he learned that sex offenders weren't allowed to be a part of the work release program, he started complaining about the jail time. He now wants to get a "suspended sentence" and/or home confinement, instead. He complained that he should be able to fully litigate the issues of liability and damages with regard to the third term of the agreement, despite his agreement directly to the contrary. With respect to the current status of the state case, other than the new trial date, all that I know is that Epstein is now subpoenaing victims for depositions who are not included in the state indictment. (Under Florida law, defense counsel are allowed to depose witnesses, including victims, prior to trial.) He seems to be trying to use that process to get information about the federal investigation. I do not know whether Epstein's misdemeanor deal is back on the table because the defense demanded that we have no contact with the State Attorney's Office, so I haven't spoken with the ASA in over 6 months. I wish I had more information to give you. If you would like me to reach out to either the local detective on the state case or the Assistant State Attorney, please let me know. Or, if you would like their contact info, I can forward that to you, too. Thank you. I will be back in the office tomorrow and you can call me there with any other questions. A. Marie Villafaila Assistant U.S. Attorney 561 209-1047 Fax 561 820-8777 From: Gelber, Sent: Thursday, 10, 2008 11:49 AM To: Oosterbaan, Andrew; Villafana, Ann Marie C. (USAFI.S) Cc: Sloman, Jeff (USAFLS) Subject: RE: Follow up Marie, 1271 08-80736-CV-MARRA P-014756 EFTA00189375 Two quick questions: Could you clarify whether any of the victims that are included in the state indictment would also be included in any federal indictment? If you know, what is the status of the state case? Thanks. From: Oosterbaan, Andrew Sent: Wednesday, March 19, 2008 7:17 PM To: Villafana Ann Mane C. (USAFLS) Cc: Gelber, Sloman, Jeff (USAFLS) Subject: RE: Fo ow up I'm running out the door, but I wanted to get a response off. Sorry for not updating you sooner. The meeting went well — enough. They wanted to "complete the record" with some written material, which we expect to have by Monday. We're putting together our response to their arguments and we should be ready to issue it as soon as we get and digest their final submissions. Assuming we get the submissions by Monday, I expect to have our position to you by the middle of next week. So far we've not had any questions we couldn't answer with the materials at hand, but we'll reach out to you promptly if we need to. Thanks, Marie. From: Villafana, Ann Marie C. (USAFLS) [mailto:Ann.Marie.C.Villafana@usdoj.gov) Sent: Wednesday, March 19, 2008 6:30 PM To: Oosterbaan, Andrew Subject: Follow up Hi Drew — Sorry to bother you. I know you had mentioned that you might have some questions for me after your meeting. I am going to be out most of the day tomorrow and then back on Friday and then I will be out for a week, so I wanted to get stuff to you before I leave. Do you need anything from me or the investigators? Thanks. A. Marie VillaJaha Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Tracking: 1272 08-80736-CV-MARRA P-014757 EFTA00189376 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Friday, M 1 2008 1:58 PM To: Gelber, . 0osterbaan, Andrew Cc: Sloman, a FLS); Senior, Robert (USAFLS) Subject: RE: Follow up I will need to look into that, but I do know that there is a 3-year statute of limitations on the state prostitution charges. That limitations period has already run for several of our victims (we have victims going back to 2001). The girls who arc charged in the state indictment saw him in February and September 2005. I will get the other info to you asap. Give me about 30 minutes. A. Marie VH14E:act Assistant U.S. Attorney 500 S. Australian Ave. Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Gelber, ap Sent: Friday, a , 2008 11:51 AM To: Villafana, Ann Marie C. (USAFLS); Oosterbaan, Andrew Cc: Sloman, Jeff (USAFLS); Senior, Robert (USAFLS) Subject: RE: Follow up One more question - do you know when double jeopardy attaches under Florida law? More specifically, if the state charges were dropped now, could they be dropped without prejudice? From: Villafana, Ann Marie C. (USAFLS) [mailto:Ann.Marie.C.Villafana@usdoj.goy] Sent: Thu March 20, 2008 4:39 PM To: Gelber, oosterbaan, Andrew Cc: Sloman, LS); Senior, Robert (USAFLS) Subject: RE: Follow up Hi - The state indictment is related to two girls. One of those girls is included in the federal intim . e other is not. The state indictment charges solicitation of adult prostitution, it does not charge any child exploitation offense, despite the fact that, under Florida law, neither lack of knowledge of age nor affirmative misrepresentation of age by the victim is a defense. The victim from the state case who is referenced in the federal indictment told Epstein her true age and he engaged in full sexual intercourse with her a few days shy of her 18th birthday. For that birthday, he gave her a series of gifts, including lingerie. The other 18 girls named in the current indictment are not pan of the state indictment. The state case currently has a trial date set for July. Before we got involved, the police were told that Epstein was going to plead to a misdemeanor and get no jail time. (That is one of the reasons why they asked the FBI to step in.) Since the federal investigation began. Epstein's counsel have continued the case repeatedly on the basis that they cannot resolve that case until the federal case is resolved. As part of the non-prosecution agreement that the Office put together with Epstein, the federal case was supposed to be resolved if Epstein 1274 08-80736-CV-MARRA P-014758 EFTA00189377 agreed to three main terms: (I) he had to plead to a state offense for which sex offender registration was required, specifically, the procurement of minors to engage in prostitution; (2) he had to agree to an 18-month term of incarceration; and (3) he had to agree to pay restitution and damages to the victims. After the agreement was signed, he then tried to escape all three requirements. He objected to pleading to the state charge, claiming that the facts did not apply, and asked to plead to a non-registrable offense instead. When we responded that there were four other registrable offenses where the facts certainly fit, those were rejected because (1 ) they required registration and (2) the state sentencing guidelines for those offenses were too high. He tried to arrange to get out on work release, which would allow him to "work" anywhere he liked during the day and sleep in a halfway house, rather than a jail, at night. When he learned that sex offenders weren't allowed to be a part of the work release program, he started complaining about the jail time. He now wants to get a "suspended sentence" and/or home confinement, instead. He complained that he should be able to fully litigate the issues of liability and damages with regard to the third term of the agreement, despite his agreement directly to the contrary. With respect to the current status of the state case, other than the new trial date, all that I know is that Epstein is now subpoenaing victims for depositions who are not included in the state indictment. (Under Florida law, defense counsel are allowed to depose witnesses, including victims, prior to trial.) He seems to be trying to use that process to get information about the federal investigation. I do not know whether Epstein's misdemeanor deal is back on the table because the defense demanded that we have no contact with the State Attorney's Office, so I haven't spoken with the ASA in over 6 months. I wish I had more information to give you. If you would like me to reach out to either the local detective on the state case or the Assistant State Attorney, please let me know. Or, if you would like their contact info, I can forward that to you, too. Thank you. I will be back in the office tomorrow and you can call me there with any other questions. A. Mark Vilkfalla Assistant U.S. Attorney 561 209-1047 Fax 561 820-8777 From: Gelber, Sent: Thursday, March 20, 2008 11:49 AM To: Oosterbaan, Andrew; Villafana, Ann Mane C. (USAFLS) Cc: Sloman, Jeff (USAFLS) Subject: RE: Follow up Marie, Two quick questions: Could you clarify whether any of the victims that are included in the state indictment would also be included in any federal indictment? If you know, what is the status of the state case? Thanks, 1275 08-80736-CV-MARRA P-014759 EFTA00189378 From: Oosterbaan, Andrew Sent: Wednesday, March 19, 2008 7:17 PM To: Villafana Ann Mane C. (USAFLS) Cc: Gelber, Sloman, Jeff (USAFLS) Subject: RE: Follow up I'm running out the door, but I wanted to get a response off. Sorry for not updating you sooner. The meeting went well — enough. They wanted to 'complete the record' with some written material, which we expect to have by Monday. Were putting together our response to their arguments and we should be ready to issue it as soon as we get and digest their final submissions. Assuming we get the submissions by Monday, I expect to have our position to you by the middle of next week. So far we've not had any questions we couldn't answer with the materials at hand, but we'll reach out to you promptly if we need to. Thanks. Marie. From: Villafana, Ann Marie C. (USAFLS) [mailto:Ann.Marie.C.Villafana@usdoj.gov] Sent: Wednesday, March 19, 2008 6:30 PM To: Oosterbaan, Andrew Subject: Follow up Hi Drew — Sorry• to bother you. I knoW you had mentioned that you might have some questions for me after your meeting. I am going to be out most of the day tomorrow and then back on Friday and then I will be out for a week, so I wanted to get stuff to you before I leave. Do you need anything from me or the investigators? Thanks. A. Marie VillafaAa Assistant U.S. Attorney 500 S. Australian Ave. Suite 400 West Palm Beach, Fl. 33401 Phone 561 209-1047 Fax 561 820-8777 Tracking: 1276 08-80736-CV-MARRA P-014760 EFTA00189379 Villafana, Ann Marie C. (USAFLS) From: Gelber, Sent: Thursday, 20, 2008 7:45 PM To: Villafana, Ann Marie C. (USAFLS); Oosterbaan. Andrew Cc: Sloman, Jeff (USAFLS); Senior, Robert (USAFLS) Subject: RE: Follow up Thanks Made, that is very helpful. From: Villafana, Ann Marie C. (USAFLS) (rnallto:Ann.Marle.C.VillafanaOusdo).gov) Sent: Thu 20, 2008 4:39 PM To: Gelber, Oosterbaan, Andrew Cc: Sloman, USAFLS); Senior, Robert (USAFLS) Subject: RE: Follow up pig , Hi - The state indictment is related to two girls. One of those girls is included in the federal ind e other is not. The state indictment charges solicitation of adult prostitution, it does not charge any child exploitation offense, despite the fact that, under Florida law, neither lack of knowledge of age nor affirmative misrepresentation of age by the victim is a defense. The victim from the state case who is referenced in the federal indictment told Epstein her true age and he engaged in full sexual intercourse with her a few days shy of her I8th birthday. For that birthday, he gave her a series of gifts. including lingerie. The other 18 girls named in the current indictment are not part of the state indictment. The state case currently has a trial date set for July. Before we got involved, the police were told that Epstein was going to plead to a misdemeanor and get no jail time. (That is one of the reasons why they asked the FBI to step in.) Since the federal investigation began, Epstein's counsel have continued the case repeatedly on the basis that they cannot resolve that case until the federal case is resolved. As part of the non-prosecution agreement that the Office put together with Epstein, the federal case was supposed to be resolved if Epstein agreed to three main terms: (I) he had to plead to a state offense for which sex offender registration was required, specifically, the procurement of minors to engage in prostitution; (2) he had to agree to an 18-month term of incarceration; and (3) he had to agree to pay restitution and damages to the victims. After the agreement was signed. he then tried to escape all three requirements. He objected to pleading to the state charge, claiming that the facts did not apply, and asked to plead to a non-registrable offense instead. When we responded that there were four other registrable offenses where the facts certainly fit, those were rejected because (I) they required registration and (2) the state sentencing guidelines for those offenses were too high. He tried to arrange to get out on work release, which would allow him to "work" anywhere he liked during the day and sleep in a halfway house, rather than a jail, at night. When he learned that sex offenders weren't allowed to be a part of the work release program, he started complaining about the jail time. He now wants to get a -suspended sentence" and/or home confinement, instead. He complained that he should be able to fully litigate the issues of liability and damages with regard to the third term of the agreement, despite his agreement directly to the contrary. 1278 08-80736-CV-MARRA P-014761 EFTA00189380 With respect to the current status of the state case, other than the new trial date, all that I know is that Epstein is now subpoenaing victims for depositions who are not included in the state indictment. (Under Florida law, defense counsel are allowed to depose witnesses, including victims, prior to trial.) Ile seems to be trying to use that process to get information about the federal investigation. I do not know whether Epstein's misdemeanor deal is back on the table because the defense demanded that we have no contact with the State Attorney's Office. so I haven't spoken with the ASA in over 6 months. I wish I had more information to give you. If you would like me to reach out to either the local detective on the state case or the Assistant State Attorney, please let me know. Or, if you would like their contact info, I can forward that to you, too. Thank you. I will be back in the office tomorrow and you can call me there with any other questions. A. Mark Villafatla Assistant U.S. Attorney 561 209-1047 Fax 561 820-8777 From: Gelber, =3 Sent: Thursday, March 20, 2008 11:49 AM To: Oosterbaan, Andrew; Villafana, Ann Mane C. (USAFLS) Cc: Sloman, Jeff (USAFLS) Subject: RE: Follow up Marie, Two quick questions: Could you clarify whether any of the victims that are included in the state indictment would also be included in any federal indictment? If you know, what is the status of the state case? Thanks. From: Oosterbaan, Andrew Sent: Wednesday, March 19, 2008 7:17 PM To: Villafana Ann Marie C. (USAFLS) Cc: Gelber, Sloman, Jeff (USAFLS) Subject: RE: Follow up I'm running out the door, but I wanted to get a response off. Sorry for not updating you sooner. The meeting went well — enough. They wanted to 'complete the record* with some written material, which we expect to have by Monday. We're putting together our response to their arguments and we should be ready to issue it as soon as we get and digest their final submissions. Assuming we get the submissions by Monday. I expect to have our position to you by the middle of next week. So far we've not had any questions we couldn't answer with the materials at hand, but we'll reach out to you promptly if we need to Thanks. Marie. From: Villafana, Ann Marie C. (USAFLS) [mailto:Ann.Marie.C.Villafana@usdoj.gov] Sent: Wednesday, March 19, 2008 6:30 PM 1279 08-80736-CV-MARRA P-014762 EFTA00189381 To: Oosterbaan, Andrew Subject: Follow up Hi Drew — Sorry to bother you. I know you had mentioned that you might have some questions for me after your meeting. I am going to be out most of the day tomorrow and then back on Friday and then I will be out for a week, so I wanted to get stuff to you before I leave. Do you need anything from me or the investigators? Thanks. A. Marie Villafafia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 1280 08-80736-CV-MARRA P-014763 EFTA00189382 Villafana, Ann Marie C. (USAFLS) From: Gelber, Sent: Thursday, arc 2008 7:45 PM To: Villafana, Ann Marie C. (USAFLS): Oosterbaan, Andrew Cc: &omen, Jeff (USAFLS); Senior, Robert (USAFLS) Subject: RE: Follow up Thanks Marc, that is very helpful. From: Vlllafana, Ann Marie C. (USAFLS) [mailto:Ann.Marle.C.VIllafana@usdoj.gov] Sent: Thur 20, 2008 4:39 PM To: Gelber, Oosterbaan, Andrew Cc: Sloman, Jeff (USAFLS); Senior, Robert (USAF' S) Subject: RE: Follow up III — The state indictment is related to two girls. One of those girls is included in the federal ind . e other is not. The state indictment charges solicitation of adult prostitution, it does not charge any child exploitation offense, despite the fact that, under Florida law, neither lack of knowledge of age nor affirmative misrepresentation of age by the victim is a defense. The victim from the state case who is referenced in the federal indictment told Epstein her true age and he engaged in full sexual intercourse with her a few days shy of her lit birthday. For that birthday, he gave her a series of gifts, including lingerie. The other 18 girls named in the current indictment are not part of the state indictment. The state case currently has a trial date set for July. Before we got involved, the police were told that Epstein was going to plead to a misdemeanor and get no jail time. (That is one of the reasons why they asked the FBI to step in.) Since the federal investigation began, Epstein's counsel have continued the case repeatedly on the basis that they cannot resolve that case until the federal case is resolved. As part of the non-prosecution agreement that the Office put together with Epstein, the federal case was supposed to be resolved if Epstein agreed to three main terms: (I) he had to plead to a state offense for which sex offender registration was required, specifically, the procurement of minors to engage in prostitution; (2) he had to agree to an I8-month term of incarceration; and (3) he had to agree to pay restitution and damages to the victims. After the agreement was signed, he then tried to escape all three requirements. He objected to pleading to the state charge, claiming that the facts did not apply, and asked to plead to a non-registrable offense instead. When we responded that there were four other registrable offenses where the facts certainly fit, those were rejected because (I) they required registration and (2) the state sentencing guidelines for those offenses were too high. He tried to arrange to get out on work release, which would allow him to "work" anywhere he liked during the day and sleep in a halfway house, rather than a jail, at night. When he learned that sex offenders weren't allowed to be a part of the work release program, he started complaining about the jail time. He now wants to get a "suspended sentence" and/or home confinement, instead. He complained that he should be able to fully litigate the issues of liability and damages with regard to the third term of the agreement. despite his agreement directly to the contrary. 1281 08-80736-CV-MARRA P-014764 EFTA00189383 With respect to the current status of the state case, other than the new trial date, all that I know is that Epstein is now subpoenaing victims for depositions who are not included in the state indictment. (Under Florida law, defense counsel are allowed to depose witnesses, including victims, prior to trial.) He seems to be trying to use that process to get information about the federal investigation. I do not know whether Epstein's misdemeanor deal is back on the table because the defense demanded that we have no contact with the State Attorney's Office, so I haven't spoken with the ASA in over 6 months. I wish I had more information to give you. If you would like me to reach out to either the local detective on the state case or the Assistant State Attorney, please let me know. Or, if you would like their contact info, I can forward that to you, too. Thank you. I will be back in the office tomorrow and you can call me there with any other questions. A. Mark Vfflajafia Assistant U.S. Attorney 561 209-1047 Fax 561 820-8777 From: Gelber, Sent: Thursday, March 20, 2008 11:49 AM To: Oosterbaan, Andrew; Villafana, Ann Marie C. (USAFLS) Cc: Sloman, Jeff (USAFLS) Subject: RE: Follow up Marie, Two quick questions: Could you clarify whether any of the victims that are included in the state indictment would also be included in any federal indictment? If you know, what is the status of the state case? Thanks, From: Oosterbaan, Andrew Sent: Wednesday, March 19, 2008 7:17 PM To: Villafana Ann Marie C. (USAFLS) Cc: Gelber, Sloman, Jeff (USAFLS) Subject: RE: Follow up I'm running out the door, but I wanted to get a response off. Sorry for not updating you sooner. The meeting went well — enough. They wanted to `complete the record' with some written material, which we expect to have by Monday. Were putting together our response to their arguments and we should be ready to issue it as soon as we get and digest their final submissions. Assuming we get the submissions by Monday. I expect to have our position to you by the middle of next week. So far we've not had any questions we couldn't answer with the materials at hand, but we'll reach out to you promptly if we need to. Thanks, Marie. From: Villafana, Ann Marie C. (USAFLS) [mailto:Ann.Marie.C.Villafana@usdoj.gov] Sent: Wednesday, March 19, 2008 6:30 PM 1282 08-80736-CV-MARRA P-014765 EFTA00189384 To: Oosterbaan, Andrew Subject: Follow up Hi Drew — Sorry to bother you. I know you had mentioned that you might have some questions for me after your meeting. I am going to be out most of the day tomorrow and then back on Friday and then I will be out for a week, so I wanted to get stuff to you before I leave. Do you need anything from me or the investigators? Thanks. A. Marie Villafaita Assistant U.S. Attorney 500 S. Australian Ave. Suite 400 West Palm Beach. FL 33401 Phone 561 209-1047 Fax 561 820-8777 1283 08-80736-CV-MARRA P-014766 EFTA00189385 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Thursda r h 0, 2008 4:39 PM To: Gelber, ; Oosterbaan, Andrew Cc: Sloman, e ( FLS); Senior, Robert (USAFLS) Subject: RE: Follow up Hi - The state indictment is related to two girls. One of those girls is included in the federal ind , e other is not. The state indictment charges solicitation of adult prostitution, it does not charge any child exploitation offense, despite the fact that, under Florida law, neither lack of knowledge of age nor affirmative misrepresentation of age by the victim is a defense. The victim from the state case who is referenced in the federal indictment told Epstein her true age and he engaged in full sexual intercourse with her a few days shy of her 18ih birthday. For that birthday, he gave her a series of gifts. including lingerie. The other 18 girls named in the current indictment are not part of the state indictment. The state case currently has a trial date set for July. Before we got involved, the police were told that Epstein was going to plead to a misdemeanor and get no jail time. (That is one of the reasons why they asked the FBI to step in.) Since the federal investigation began, Epstein's counsel have continued the case repeatedly on the basis that they cannot resolve that case until the federal case is resolved. As part of the non-prosecution agreement that the Office put together with Epstein, the federal case was supposed to be resolved if Epstein agreed to three main terms: (1) he had to plead to a state offense for which sex offender registration was required, specifically, the procurement of minors to engage in prostitution; (2) he had to agree to an I8-month term of incarceration; and (3) he had to agree to pay restitution and damdges to the victims. After the agreement was signed. he then tried to escape all three requirements. He objected to pleading to the state charge, claiming that the facts did not apply, and asked to plead to a non-registrable offense instead. When we responded that there were four other registrable offenses where the facts certainly fit, those were rejected because (I) they required registration and (2) the state sentencing guidelines for those offenses were too high. He tried to arrange to get out on work release, which would allow him to "work" anywhere he liked during the day and sleep in a halfway house, rather than a jail, at night. When he learned that sex offenders weren't allowed to be a part of the work release program, he started complaining about the jail time. He now wants to get a "suspended sentence" and/or home confinement, instead. He complained that he should be able to fully litigate the issues of liability and damages with regard to the third term of the agreement, despite his agreement directly to the contrary. With respect to the current status of the state case, other than the new trial date, all that I know is that Epstein is now subpoenaing victims for depositions who are not included in the state indictment. (Under Florida law, defense counsel are allowed to depose witnesses, including victims, prior to trial.) He seems to be trying to use that process to get information about the federal investigation. I do not know whether Epstein's misdemeanor deal is back on the table because the defense demanded that we have no contact with the State Attorney's Office, so I haven't spoken with the ASA in over 6 months. I wish I had more information to give you. If you would like me to reach out to either the local detective on the state case or the Assistant State Attorney, please let me know. Or, if you would like their contact info, I can forward that to you, too. 1284 08-80736-CV-MARRA P-014767 EFTA00189386 Thank you. I will be back in the office tomorrow and you can call me there with any other questions. A. Mark 'Whir:fief Assistant U.S. Attorney 561 209-1047 Fax 561 820-8777 From: Gelber, Sent: Thursday, Mardi 20, 2008 11:49 AM To: Oosterbaan, Andrew; Villafana, Ann Marie C. (USAFLS) Cc: Sloman, Jeff (USAFLS) Subject: RE: Follow up Marie, Two quick questions: Could you clarify whether any of the victims that are included in the state indictment would also be included in any federal indictment? If you know, what is the status of the state case? Thanks, From: Oosterbaan, Andrew Sent: Wednesday, March 19, 2008 7:17 PM To: Villafana Ann Marie C. (USAFLS) Cc: Gelber, Sloman, Jeff (USAFLS) Subject: RE: Follow up I'm running out the door, but I wanted to get a response off. Sorry for not updating you sooner. The meeting went well — enough. They wanted to 'complete the record* with some written material, which we expect to have by Monday. Were putting together our response to their arguments and we should be ready to issue it as soon as we get and digest their final submissions. Assuming we get the submissions by Monday, I expect to have our position to you by the middle of next week. So far we've not had any questions we couldn't answer with the materials at hand. but we'll reach out to you promptly if we need to. Thanks. Marie. From: Villafana, Ann Marie C. (USAFLS) [mallto:Ann.Marle.C.Villafana@usdoj.gov] Sent: Wednesday, March 19, 2008 6:30 PM To: Oosterbaan, Andrew Subject: Follow up Hi Drew — Sony to bother you. I know you had mentioned that you might have some questions for me after your meeting. I am going to be out most of the day tomorrow and then back on Friday and then I will be out for a week, so I wanted to get stuff to you before ! leave. Do you need anything from me or the investigators? Thanks. 1285 08-80736-CV-MARRA P-014768 EFTA00189387 A. Marie Villafafia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach. FL 33401 Phone 561 209-1047 Fax 561 820-8777 Tracking: 1286 08-80736-CV-MARRA P-014769 EFTA00189388 Villafana, Ann Marie C. (USAFLS) From: Villafana. Ann Marie C. (USAFLS) Sent: Thursday. March 20, 2008 4:18 PM To: Oosterbaan, Andrew Subject: RE: Follow up Thank you. Drew. A. Marie Villafana Assistant U.S. Attorney 561 209-1047 Fax 561 820-8777 From: Oosterbaan, Andrew Sent: Wednesday, March 19, 2008 7:17 PM To: Villafana Ann Marie C. (USAFLS) Cc: Gelber, MEM Sloman, Jeff (USAFLS) Subject: RE: Follow up I'm running out the door, but I wanted to get a response off. Sorry for not updating you sooner. The meeting went well — enough. They wanted to "complete the record" with some written material, which we expect to have by Monday. Were putting together our response to their arguments and we should be ready to issue it as soon as we get and digest their final submissions. Assuming we get the submissions by Monday, I expect to have our position to you by the middle of next week. So far we've not had any questions we couldn't answer with the materials at hand, but we'll reach out to you promptly if we need to. Thanks. Marie. From: Villafana, Ann Marie C. (USAFLS) [mailto:Ann.Marie.C.Villafana@usdoj.gov) Sent: Wednesday, March 19, 2008 6:30 PM To: Oosterbaan, Andrew Subject: Follow up Hi Drew — Sorry to bother you. I know you had mentioned that you might have some questions for me after your meeting. I am going to be out most of the day tomorrow and then back on Friday and then I will be out for a week, so I wanted to get stuff to you before I leave. Do you need anything from me or the investigators? Thanks. A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave. Suite 400 West Palm Beach, FL 33401 Phone 561 209.1047 1288 08-80736-CV-MARRA P-014770 EFTA00189389 Fax 561 820-8777 1289 08-80736-CV-MARRA P-014771 EFTA00189390 Villafana, Ann Marie C. (USAFLS) From: Villafana. Ann Marie C. (USAFLS) Sent: Thursday, March 20, 2008 4 18 PM To: Kuyrkendall, E N . Richards. Jason R Senior. Robed (USAFLS). Kirkpatrick. Lynn (USAFLS) Subject: FW: Follow up FYI — Bob, you probably already received this from JetT, but just in case. And Jason and Nesbitt, here is the latest. If you want to discuss further, I will be back in tomorrow. A. Marie Malefic Assistant U.S. Attorney 561 209-1047 Fax 561 820-8777 From: Oosterbaan, Andrew Sent: Wednesday, March 19, 2008 7:17 PM To: Villafana Ann Marie C. (USAFLS) Cc: Gelber, Sloman, Jeff (USAFLS) Subject: RE: Follow up I'm running out the door, but I wanted to get a response off. Sorry for not updating you sooner. The meeting went well — enough. They wanted to "complete the record' with some written material, which we expect to have by Monday. We're putting together our response to their arguments and we should be ready to issue it as soon as we get and digest their final submissions. Assuming we get the submissions by Monday. I expect to have our position to you by the middle of next week. So far we've not had any questions we couldn't answer with the materials at hand, but we'll reach out to you promptly if we need to. Thanks, Marie. From: Villafana, Ann Marie C. (USAFLS) imailto:Ann.Marie.C.Villafana@usdoj.gov] Sent: Wednesday, March 19, 2008 6:30 PM To: Oosterbaan, Andrew Subject: Follow up Hi Drew — Sony to bother you. I know you had mentioned that you might have some questions for me after your meeting. I am going to be out most of the day tomorrow and then back on Friday and then I will be out for a week, so I wanted to get stuff to you before I leave. Do you need anything from me or the investigators? Thanks. A. Marie Villafafta Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 1290 08-80736-CV-MARRA P-014772 EFTA00189391 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Tracking: 1291 08-80736-CV-MARRA P-014773 EFTA00189392 Villafana, Ann Marie C. (USAFLS) From: Gelber, Sent: Thursday, March 20, 2008 11:49 AM To: Oosterbaan, Andrew; Villafana, Ann Marie C. (USAFLS) Cc: Sloman, Jeff (USAFLS) Subject: RE: Follow up Marie, Two quick questions: Could you clarify whether any of the victims that arc included in the state indictment would also be included in any federal indictment? If you know, what is the status of the state case? Thanks, From: Oosterbaan, Andrew Sent: Wednesday, March 19, 2008 7:17 PM To: Villafana Ann Marie C. (USAFLS) Cc: Gelber, II= Sloman, Jeff (USAFLS) Subject: RE: Follow up I'm running out the door, but I wanted to get a response off. Sorry for not updating you sooner. The meeting went well — enough. They wanted to *complete the record' with some written material, which we expect to have by Monday. We're putting together our response to their arguments and we should be ready to issue it as soon as we get and digest their final submissions. Assuming we get the submissions by Monday, I expect to have our position to you by the middle of next week. So far we've not had any questions we couldn't answer with the materials at hand. but we'll reach out to you promptly if we need to. Thanks, Marie. From: Villafana, Ann Marie C. (USAFLS) [mailto:Ann.Marle.CVIllafana@usdoj.gov) Sent: Wednesday, March 19, 2008 6:30 PM To: Oosterbaan, Andrew Subject: Follow up Hi Drew — Sony to bother you. I know you had mentioned that you might have some questions for me after your meeting. I am going to be out most of the day tomorrow and then back on Friday and then I will be out for a week, so I wanted to get stuff to you before I leave. Do you need anything from me or the investigators? Thanks. A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 1293 08-80736-CV-MARRA P-014774 EFTA00189393 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 1294 08-80736-CV-MARRA P-014775 EFTA00189394 Villafana, Ann Marie C. (USAFLS) From: Gelber, Sent: Thursday, •20, 2008 11:49 AM To: Oosterbaan, Andrew; Villafana, Ann Marie C. (USAFLS) Cc: Sloman, Jeff (USAFLS) Subject: RE: Follow up Marie, Two quick questions: Could you clarify whether any of the victims that are included in the state indictment would also be included in any federal indictment? If you know, what is the status of the state case? Thanks, From: Oosterbaan, Andrew Sent: Wednesday, March 19, 2008 7:17 PM To: Villafana Ann Mane C. (USAFLS) Cc: Gelber, Sloman, Jeff (USAFLS) Subject: RE: Follow up I'm running out the door, but I wanted to get a response off. Sorry for not updating you sooner. The meeting went well — enough. They wanted to 'complete the record' with some written material, which we expect to have by Monday. We're putting together our response to their arguments and we should be ready to issue it as soon as we get and digest their final submissions. Assuming we get the submissions by Monday, I expect to have our position to you by the middle of next week. So far we've not had any questions we couldn't answer with the materials at hand but we'll reach out to you promptly if we need to. Thanks. Marie. From: VIllafana, Ann Marie C. (USAFLS) [mailto:Ann.Marie.C.Villafana@usdoj.gov] Sent: Wednesday, March 19, 2008 6:30 PM To: Oosterbaan, Andrew Subject Follow up Hi Drew — Sorry to bother you. I know you had mentioned that you might have some questions for me after your meeting. I am going to be out most of the day tomorrow and then back on Friday and then I will be out for a week, so I wanted to get stuff to you before I leave. Do you need anything from me or the investigators? Thanks. A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 1295 08-80736-CV-MARRA P-014776 EFTA00189395 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 1296 08-80736-CV-MARRA P-014777 EFTA00189396 Villafana, Ann Marie C. (USAFLS) From: Oosterbaan. Andrew Sent: Wednesday. March 19, 2008 7:17 PM To: Villafana Ann Marie C. (USAFLS) Cc: Gelber. ; Sloman, Jeff (USAFLS) Subject: RE: Follow up I'm running out the door, but I wanted to get a response off. Sorry for not updating you sooner. The meeting went well — enough. They wanted to "complete the record' with some written material, which we expect to have by Monday We're putting together our response to their arguments and we should be ready to issue it as soon as we get and digest their final submissions. Assuming we get the submissions by Monday, I expect to have our position to you by the middle of next week So far we've not had any questions we couldn't answer with the materials at hand, but we'll reach out to you promptly if we need to. Thanks, Marie. From: Villafana, Ann Marie C. (USAFLS) (mailto:Ann.Marie.C.Villafana@usdoj.gov] Sent: Wednesday, March 19, 2008 6:30 PM To: Oosterbaan, Andrew Subject: Follow up Hi Drew - Sorry to bother you. I know you had mentioned that you might have some questions for me after your meeting. I am going to be out most of the day tomorrow and then back on Friday and then I will be out for a week, so I wanted to get stuff to you before I leave. Do you need anything from me or the investigators? Thanks. A. Marie Villafitha Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209- I 047 Fax 561 820-8777 1297 08-80736-CV-MARRA P-014778 EFTA00189397 Villafana, Ann Marie C. (USAFLS) From: Oosterbaan, Andrew Sent: Wednesday. March 19, 2008 7:17 PM To: Villafana Ann Marie C. (USAFLS) Cc: Gelber. Sloman, Jeff (USAFLS) Subject: RE Follow up I'm running out the door, but I wanted to get a response off Sorry for not updating you sooner. The meeting went well — enough. They wanted to 'complete the record' with some written material, which we expect to have by Monday. We're putting together our response to their arguments and we should be ready to issue it as soon as we get and digest their final submissions. Assuming we get the submissions by Monday, I expect to have our position to you by the middle of next week. So far we've not had any questions we couldn't answer with the materials at hand, but we'll reach out to you promptly if we need to. Thanks. Marie From: Villafana, Ann Marie C. (USAFLS) [mailto:Ann.Marie.C.Villafana@usdoj.gov] Sent: Wednesday, March 19, 2008 6:30 PM To: Oosterbaan, Andrew Subject: Follow up Hi Drew — Sorry to bother you. I know you had mentioned that you might have some questions for me after your meeting. I am going to be out most of the day tomorrow and then back on Friday and then I will be out for a week, so I wanted to get stuff to you before I leave. Do you need anything from me or the investigators? Thanks. .4. Marie Villajaila Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 1298 08-80736-CV-MARRA P-014779 EFTA00189398 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Wednesday. March 19, 2008 6:30 PM To: Oosterbaan, Andrew Subject: Follow up Hi Drew — Sorry to bother you. I know you had mentioned that you might have some questions for me after your meeting. I am going to be out most of the day tomorrow and then back on Friday and then I will be out for a week, so I wanted to get stuff to you before I leave. Do you need anything from me or the investigators? Thanks. A. Marie Villafafia Assistant U.S. Attorney 500 S. Australian Ave. Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 1299 08-80736-CV-MARRA P-014780 EFTA00189399