EFTA00204627.pdf

U.S. Department of Justice United States Attorney Southern District of Florida VIA FACSIMILE Michael R. Tein, Esq. Lewis Tein, P.L. 3059 Grand Avenue, Suite 340 Coconut Grove, FL 33133 Re: Jeffrey Epstein Dear Mr. Tein: 500 South Australian Ave.. Suite 400 West Palm Beach, FL 33401 (56!) 820-8711 Facsimile: (561) 820-8777 July 17, 2008 The Office has reviewed your "Notice of Continued Pendency of Federal Criminal Action," and we feel that it misrepresents the posture of the federal investigation. For example, you cite to In re Grand Jury, No. FGJ 07-103 (WPB), as evidence that the federal criminal action remains pending. That is a citation to Mr. Epstein's Motion to Quash a subpoena for computer equipment removed from Mr. Epstein's home after he and his attorneys were aware of the existence of the state investigation. Pursuant to the Non- Prosecution Agreement, that motion was supposed to have been withdrawn several months ago, and, therefore, is not "pending" in our estimation. The Non-Prosecution Agreement calls for deferment of federal prosecution "in favor of prosecution by the State of Florida, provided that Epstein abides by the [enumerated] conditions and the requirements of th[e] Agreement . . ." (Non-Prosecution Agreement, p. 2 (emphasis added).) One of those conditions is Epstein's agreement that the subject Jane Does, while minors, were victims of a violation of an offense enumerated in Title 18, United States Code Section 2255, and that they "will have the same rights to proceed under Section 2255 as [they] would have had if Mr. Epstein had been tried and convicted of an enumerated offense." (United States Attorney's December 19, 2007 letter to Lilly Ann Sanchez.) If, in fact, your position is that the federal criminal action is still pending such that the Court must stay the civil proceedings, then the Office proposes that we seek the prompt resolution of the Motion to Quash, so that the computer equipment can be analyzed and the EFTA00204627 MICHAEL TEIN, ESQ. JULY 17, 2008 PAGE 2 federal investigation can continue. If, instead, Mr. Epstein intends to fully abide by the Non- Prosecution Agreement, then the "federal Grand Jury investigation will remain suspended, and all pending federal Grand Jury subpoenas will be held in abeyance unless and until [Epstein] violates any term of [the Non-Prosecution Agreement]." (Non-Prosecution Agreement, page 5.) Please advise whether you intend to correct the representations to the Court regarding the status of the federal investigation. Sincerely, R. Alexander Acosta United States Attorney By: Assistant United States Attorney cc: Jack Goldberger, Esq. a I EFTA00204628 U.S. Department of Justice United States Attorney Southern District of Florida A. Marie Villafaila 500 S. Australian Ave. 4th Floor West Palm Beach, Florida 3340! (56!) 820-8711 Facsimile (561) 820-8777 FACSIMILE COVER SHEET TO: Michael R. Tein FAX NO. 305-442-6744 PHONE NO. 305-442-1101 TO: Jack Alan Goldberger FAX NO. 561-835-8691 PHONE NO. 561 659-8300 DATE: July 17, 2008 # OF PAGES: 3 RE: Jeffrey Epstein FROM: ssistant U.S. Attorney PHONE NO. 561 209-1047 COMMENTS: EFTA00204629 07/17/08 18:17 FAX 15616594526 USAD WEST PALM R1001 TRANSMISSION OK ******** *sitssss* ***** *** TX REPORT *** TX/RX NO 3957 CONNECTION TEL 8358691 SUBADDRESS CONNECTION ID ST. TIME 07/17 18:18 USAGE T 00'42 PCS. SENT 3 RESULT OK U.S. Department of Justice United States Attorney Southern District of Florida A. Marie Villafalia 500 S. Australian Ave, 4th Floor West Palm Beach, Florida 3340! (561) 820-8711 Facsimile (561) 820-8777 FACSIMILE COVER SHEET TO: Michael R. Tein FAX NO. 305-442-6744 PHONE NO. 305-442-1101 TO: Jack Alan Goldberger FAX NO. 561-835-8691 PHONE NO. 561 6594300 DATE: July 17. 2008 # OF PAGES: 3 RE: Jeffrey Epstein FROM: Assistant U.S. Attorney PHONE NO. 561 209-1047 EFTA00204630 07/17/08 18:18 FAX 15616594528 USAO WEST PALM TRANSMISSION OK sits TX REPORT sits stAttssits ************* TX/RX NO 3958 CONNECTION TEL 13054426744 SUBADDRESS CONNECTION ID ST. TIME 07/17 18:17 USAGE T 01'04 PGS. SENT 3 RESULT OK U.S. Department of Justice United States Attorney Southern District of Florida A. Marie VillafaRa 500 S. Australian Ave. 4th Floor West Palm Beach, Florida 33401 (561) 820-8711 Facsimile (56/) 820-8777 FACSIMILE COVER SHEET TO: Michael IL Tein FAX NO. 305-442-6744 PHONE NO. 305-442-1101 TO: Jack Alan Goldberger FAX NO. 561-835-8691 PHONE NO. 561 659-8300 DATE: July 17. 2008 # OF PAGES: 3 RE: Jeffrey Enstein FROM: Allatssistant U.S. Attorney PHONE NO. 561 209-1047 EFTA00204631