EFTA00190101.pdf

In Re Operation Leap Year Key Correspondence Volume 1 of 2 (Through Signing of Non-Prosecution Agreement) INDEX Tab Date & From Time 11/16/06 2 3 4 5 1 6 1/8/07 1/17/07 5/15/07 5/24/07 To Description Sanchez Letter requesting documents in accordance with agreement with Guy Lewis Sanchez Letter requesting documents Sanchez Goldberger Lefcourt 6/6/07 Targ 6/18/07 Lefcourt 7/1/07 9 10 7/6/07 Lefcourt 7/16/07 11 12 7/26/07 8/16/07 13 9/6/07 5:47 pm U.S. Attorney's Office Letter requesting documents Sanchez Lefcourt Black Defense Lefcourt E-mail re outstanding subpoenas and planned meeting for 7/11/07 Letter analyzing inapplicability of 18 USC § 2422(b) Summary of terms of non-prosecution agreement and calculation of guideline range Letter regarding NES subpoenas E-mail summarizing status of negotiations 14 9/10/07 Lefcourt E-mail attaching first proposed Non- 5:23 pm Prosecution Agreement EFTA00190101 15 9/11/07 E-mail containing Acosta edits to Non- 12:05 pm Prosecution Agreement 9/11/07 2:15 pm 9/12/07 9/12/07 4:20 pm 19 9/12/07 Lefkowitz 5:55 pm 20 9/13/07 6:58 pm 21 9/13/07 7:27 pm 22 9/13/07 Lefkowitz 7:35 pm 23 9/14/07 9:25 am 24 9/14/07 Lefkowitz 9:40 am 29 30 9/14/07 9:54 am 9/14/07 9:56 am 9/14/07 1:02 pm 9/17/07 9:43 am 9/17/07 10:35 am 9/17/07 11:33 am (AUSA - Alaska) Lefcourt Lefkowitz E-mail forwarding revised agreement containing Acosta eduts E-mail rejecting offer to have Epstein plead to assault in the maritime jurisdiction of the US Lefkowitz Acosta Lefkowitz Acosta Lefkowitz Black Lefkowitz costa E-mail rejecting offer to have Epstein plead to assault in the maritime jurisdiction of the US [sent to alternate Lefkowitz e-mail address] Responding to rejection and thanking office for meeting E-mail updating status of negotiations and discussing other potential federal charges E-mail scheduling conference call and mentioning other possible federal charges E-mail confirming conference call and stating that he is considering same charges E-mail summarizing conference call with Lefkowitz — agreement to plead to an Information charging 1 count of obstruction and 1 count of simple assault. E-mail asking to revise the Information to charge 1 count of 403 instead of 1512 and requesting a factual proffer. E-mail containing draft plea agreement and Information. E-mail regarding proposed changes from Lefkowitz. Response to my e-mail enclosing trust agreement and supporting documentation. E-mail informing them of removal of hearing on motion to quash from Judge Marra's calendar. E-mail summarizing status of plea negotiations with Lefkowitz E-mail summarizing status of plea negotiations with Lefkowitz EFTA00190102 31 9/17/07 11:43 am Acosta E-mail asking to advise Leflcowitz that agreement is draft only. 32 9/17/07 11:45 am Leflcowitz E-mail providing most recent draft of Non- Prosecution Agreement (w/Agreement attached) 33 9/18/07 8:44 am Lefkowitz E-mail summarizing possible agreements, possible federal charges, and confidentiality concerns 34 9/18/07 9:18 am Lefkowitz E-mail asking us to consider pleading to one 12-month count with 6 months o community control 35 9/18/07 9:31 am Acosta E-mail relating status of negotiations. 36 9/18/07 10:05 am E-mail stating new terms that negotiated with Leflcowitz. 37 9/18/07 11:09 am Letkowitz E-mail containing a proposed Non- Prosecution Agreement with a plea to two violations of 18 USC § 1512(d) 38 9/18/07 11:18 am E-mail forwarding Leflcowitz's proposed agreement with discussion of improper terms 39 9/18/07 11:43 am E-mail commenting that Lefkowitz's proposed agreement does not contain a promise to register and a promise to pay damages 40 9/18/07 11:52 am Lefkowitz E-mail containing a revised proposed agreement with a plea to only one Information 41 9/18/07 12:44 pm Leflcowitz E-mail responding to proposed agreement and noting incorrect calculation o Sentencing Guidelines 42 9/18/07 1:22 pm Lefkowitz E-mail responding to Leflcowitz's question re Guidelines calculation and attaching a proposed plea agreement. 43 9/18/07 2:53 pm Leflcowitz E-mail addressing the appropriate 1512 charge and providing a draft factual proffer 44 9/19/07 10:45 am Letkowitz E-mail addressing a joint meeting with defense, USAO, and SAO to finalize all agreements 45 9/19/07 11:48 am Lefkowitz E-mail chain discussing facts supporting 1512 charge 46 9/19/07 3:44 pm Lefkowitz E-mail forwarding a "redline" of the federal plea agreement. Lefkowitz draft contains EFTA00190103 agreements: (a) to waive the PSI, (b) to make a bin sentencing recommendation, (c) to recommend jointly an incorrect Guidelines calculation, (d) to set up a Trust governed by the State court, (e) to have Epstein plead to "coercing a person to become a prostitute," which is a non-registrable offense, and removes the appeal waiver 47 9/19/07 E-mail forwarding Lefkowitz's draft and 4:05 pm MI discussing problems with his proposal 48 9/20/07 Belohlavek E-mail chain discussing proposed joint 9:31 am Krischer meeting with Epstein's counsel to finalize all agreements 49 9/20/07 E-mail forwarding federal lea agreement 1:56 pm incorporating Acosta and comments 50 9/20/07 Lefkowitz E-mail forwarding final federal plea 3:52 pm agreement and Information. 51 9/20/07 Lefkowitz E-mail discussing telephone conference to 5:33 pm discuss final changes 52 9/20/07 E-mail chain discussing factual proffer in 5:33 pm support of federal plea 53 9/20/07 Acosta E-mail summarizing call with Lefkowitz in 5:46 pm response to Lefkowitz call to Acosta 54 9/20/07 Lefkowitz E-mail responding to most recent federal 6:12 pm plea agreement with questions re sentence and Section 2255 language 55 9/20/07 Lefkowitz Response to 6:12 pm e-mail stating that we 6:42 pm seem to be far apart on 2255 language and stating that timeline must be shortened 56 9/20/07 E-mail stating that Lefkowitz wants to 7:03 pm remove registration requirement 57 9/20/07 E-mail asking call Lefkowitz 8:35 pm and inform him that Epstein must plead to registrable offense 58 9/21/07 E-mail informing of conversation 10:22 am with Lefkowitz about registration issue 59 9/21/07 Lefkowitz E-mail containing Lefkowitz's "redlined" 10:44 am Non-Prosecution Agreement beginning at paragraph 2. Contains language that Epstein waives his right to contest liability 60 9/21/07 Lefkowitz E-mail requesting non-redlined version oft 10:57 am agreement 61 9/21/07 Krischer E-mail summarizing SAO negotiations with 12:03 pm e o ave Goldberger, including Goldberger's request EFTA00190104 that Epstein not have to register 62 9/21/07 2:12 pm 63 9/21/07 Lefkowitz 2:46 pm 64 9/21/07 2:47 pm 65 9/21/07 Lefkowitz 2:55 pm E-mail containing revised agreement incorporating some of Lefkowitz's language and highlighting 2255 negotiations E-mail attaching State plea agreement, including plea to procuring person under 18 for prostitution Response to e-mail about Lefkowitz's proposed language regarding immigration proceedings E-mail informing Lefkowitz of refusal to include immigration language 66 9/21/07 Lefkowitz E-mail with questions regarding state plea 2:54 pm agreement 67 9/23/07 11:58 am Leflcowitz Acosta E-mail admitting that the defense based their agreement to plead to 796.03 on a "mistaken assumption" and requesting that Epstein not have to register 68 9/23/07 Secretary to E-mail containing another redlined version 1:57 pm Lefkowitz of agreement 69 9/23/07 4:03 pm 9/23/07 4:31 pm 70 9/23/07 Leflcowitz Acosta Leflcowitz 71 72 73 74 75 8:01 pm 9/23/07 8:31 pin Lefkowitz Lefkowitz E-mail containing revised Non-Prosecution Agreement E-mail response to Lefkowitz instructing L fl ii. vitz to deal directly with and in negotiating agreement E-mail correspondence regarding guardian ad litem issue 9/23/07 Lefkowitz 8:35 pm 9/23/07 8:58 pm 9/24/07 12:42 am Acosta Lefkowitz E-mail discussing guardian ad litem issue and providing another redlined version of agreement E-mail discussing appointment of a trustee in lieu of a guardian ad litem with responses attached, including Lefkowitz's suggestion that the USAO "consider simply appointing a representative. We would agree to someone you considered appropriate." E-mail containing amended Non- Prosecution Agreement incorporating some changes requested by defense E-mail containing Acosta edits to Agreement EFTA00190105 76 9/24/07 Leflcowitz E-mails related to Acosta edits with 7:54 am Agreement attached 77 9/24/07 Leflcowitz 1 E-mail containing Leflcowitz's final edits to 11:46 am agreement Weinberg 78 9/24/07 Lefkowitz E-mail containing Acosta's final edits and 1:28 pm Weinberg asking to discuss potential victim representative 79 9/24/07 Acosta E-mail containing final agreement as 1:54 pm i Atkinson approved by both parties 80 9/24/07 Leflcowitz E-mail requesting signed agreement, with 4:03 pm response 81 9/24/07 Acosta E-mail containing signed agreement 4:26 pm In Re Operation Leap Year Key Correspondence Volume 2 of 2 (Correspondence following Signing of Non-Prosecution Agreement) INDEX I a b Date & Time From 'lb Description 1 9/24/07 Final Signed Non-Prosecution Agreement 2 9/25/07 8:37 pm [etl, E-mail with list of suggested attorney representatives 3 9/26/07 11:01 am Le& E-mail regarding suggested attorney representatives 4 9/26/07 11:49 am Lefk E-mail rejecting attorney representatives recommended by Leflcowitz 5 9/27/07 10:52 am Lefk E-mail forwarding questions from Ocariz 6 9/27/07 3:06 pm Lefk E-mail to Lefkowitz responding to his concerns about Ocariz's questions EFTA00190106 7 10/3/07 Lefk E-mail to schedule conference call with 3:15 pm memo regarding attorney representative selection process 8 10/3/07 Lefk E-mail regarding memo 3:38 pm 9 10/3/07 Lefk E-mail attaching proposed text of letter to 4:23 pm Special Master 10 10/3/07 Lefk E-mail responding to Lefkowitz's concerns 7:30 pm about letter to Special Master 11 10/5/07 Lefk E-mail about Special Master process 7:49 am 12 10/5/07 Leflc E-mail attaching letter raising concerns 11:04 am about Special Master process Lewis 13 10/5/07 E-mail forwarding letter from Lefkowitz re 4:48 pm Special Master process 14 10/7/07 E-mail chain including correspondence 6:29 pm between and Sanchez 15 10/9/07 E-mail attaching correspondence from 8:51 am Sanchez regarding Special Master Process 16 10/9/07 Sanchez Letter responding to Sanchez letter 17 10/22/07 Lefkowitz E-mail to Lefkowitz attaching proposed 4:41 pm Acosta Addendum and letter to Judge Davis 18 10/22/07 Lefk E-mail addressing Special Master issues 5:10 pm Acosta 19 10/22/07 Lefk E-mail responding to issue of using Judge 5:23 pm Davis as attorney representative 20 10/23/07 Lefk Acosta Letter to Acosta stating that Epstein will enter his guilty plea on November 20, 2007; addressing attorney representative issues; stating that Office will not communicate with State Atty's Office 21 10/23/07 Acosta Response to Lefkowitz's letter noting 9:40 pm specific misrepresentation 22 10/24/07 Lefk E-mail attaching revised addendum and 3:45 pm A a letter to Special Master 23 10/24/07 Lefk E-mail attaching revised letter to Judge 5:30 pm Acosta Davis 24 10/25/07 Davis Letter advising Judge Davis of his selection as Special Master EFTA00190107 25 10/30/07 9:56 am E-mail attaching final addendum 26 10/30/07 Final executed Addendum to the Non- Prosecution Agreement 27 10/31/07 11:51 am Lefk E-mail response to Lefkowitz's inquiry regarding "discovery" in the civil case 28 11/5/07 Lefkowitz Letter addressing problems with Epstein's performance [NEED SIGNED COPY] 29 11/8/07 Le& Letter stating that Epstein intends to comply and raising 2255 concerns 30 11/27/07 1:55 pm Lefk Acosta E-mail responding to Lefkowitz's statement in his letter that he needs to conduct "due diligence" on selection of Podhurst firm 31 11/28/07 Starr Fisher Letter requesting meeting with Fisher 32 11/28/07 4:35 pm E-mail asking to send proposed victim notification letter to Lefkowitz in response to Lefkowitz's complaints about notifying victims 33 11/28/07 4:47 pm '■ Lefk Acosta E-mail attaching proposed victim notification letter 34 11/29/07 Lefk Acosta Letter responding to e-mail containing the victim notification letter. 11/30/07 Acosta Lefk Letter directing Lefk to speak wit an' about victim notification issues and informing defense of willingness to unwind the agreement 36 12/4/07 Acosta Starr Letter responding to Starr's complaints to Fisher regarding the 2255 issues and detailing the negotiations of the agreement 37 12/5/07 Starr Lcfk Acosta Letter "reaffirming the Non-Prosecution Agreement" but reiterating challenges to 2255 and the office's investigation 38 12/6/07 Lefkowitz Letter responding to victim notification objections and attaching revised victim notification letter 39 12/7/07 Sanchez \ costa Starr Letter containing signed Affirmation of the Non-Prosecution Agreement and Addendum and requesting a delay in sending victim notification letters 40 12 07 Starr Left Acosta I isher Letter stating the defense will respond to Acosta letter by 12/10/07, and attaching "the independent ethics opinions of Judge Herbert J. Stern and Joe D. Whitley" EFTA00190108 41 12/11/07 Starr Acosta Cover letter to introduce two separate letters addressing policy concerns 42 12/11/07 Left Acosta Letter attacking evidence upon which prosecution was based (contains same challenges raised in earlier submission) requesting "fulsome review" of the evidence, and attacking "improper involvement and conduct of federal authorities" 43 44 12/11/07 Left Acosta Letter addressing 2255 concerns 12/13/07 Le fk Letter responding to alleged improprieties 45 12/17/07 Lefk \costa E-mail responding to inquiry from 12/14/07 meeting about why defense had waited so long to go to DC 46 12/17/07 Starr Left \costa 110-page letter addressing inapplicability of procurement statute to Epstein's conduct, State Attorney's Office's belief that Epstein should not have to register, inapplicability of 18 USC § 2422 to Epstein's conduct; and reiteration of 2255 concerns. Attachment: 7/6/07 Lefcourt letter to with attachments 47 12/19/07 Acosta Sanchez Letter responding to issues raised at December 14th meeting, including 2255, victim notification, and asserted inapplicability of Fl. Stat. 796.03 48 12/21/07 Left Acosta Letter responding to 12/19/07 Acosta letter regarding 2255, victim notification, and Fl. Stat. 796.03 49 12/26/07 Left Acosta Letter stating that there should be no notification to victims and stating that there is no language that they can propose to resolve the 2255 problem EFTA00190109