EFTA00209925.pdf

From: Brendan White To Subject: Re: Grand Jury Appearance Date: Thu, 26 Jun 2008 18:59:32 +0000 Importance: Normal I've learned from Mr. Epstein's attorney that the plea is scheduled to take place on Monday morning. In understand, of course, that you need confirmation of this before withdrawing the subpoena, but it might make logistical sense to consider putting the contingent appearance off for another week at this point, to avoid our having to make an unnecessary trip to Florida. Although I am confident that things will proceed as scheduled, should there be a problem, we would then be able to appear at a later date. Brendan White From: To: Brendan White Sent: Thursday, June 26, 2008 10:55 AM Subject: RE: Grand Jury Appearance Dear Mr. White: If Mr. Epstein enters a guilty plea in accordance with that agreement on Monday, then the subpoena will be withdrawn. At this point, I have not received confirmation that the change of plea is going to occur, nor have I received information confirming that the plea will be in conformance with our agreement. As such, at this time, I still intend to presen testimony to the grand jury on Tuesday. With respect to the immunity question, I refer you to my e-mail of June 23rd, which is shown below. If the situation changes, I will contact you. Thank you. Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 401 From: Brendan Whitcl Sent: Thursda June 26 2008 10:38 AM To: Subject: Re: Grand Jury Appearance Dear I understand that there has been a recent development with respect to Mr. Epstein in that he intends to plead guilty in Florida state court on Monday pursuant to a deferred prosecution a reement with your office that has already been executed. Since this would seem to obviate any need fo o testify, please let me know what is going on with respect to this Tuesday. Do we still need to come down t ere an , if so, will she receive court-ordered immunity? Thanks. Brendan White I — Original Message --- EFTA00209925 From• To: Brendan White Sent: Monday, June 23, 2008 2:09 PM Subject: RE: Grand Jury Appearance Dear Mr. White: Please feel free to make your own travel arrangements, but if you would like travel costs to be reimbursed, they must be made through the government's approved agency on the approved carriers. Regarding the immunity, at this point, without a written proffer from you regardinc_the substance of her anticipated testimony, I believe that the more prudent course will be to question to determine the limits of her Fifth Amendment exposure and, if necessary, to apply to the Court at that time. If you provide me with a written proffer that summarizes her anticipated testimony and explains how she will be exposed to criminal liability, then I can make the motion ahead of time. Your written statement would be treated as an attorney statement made in the course of confidential plea discussions and related negotiations, and would be governed by Fed. R. Crim. P. 11(0 and Fed. R. Evid. 410. Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 From: Brendan White Sent: Monda June 21.11111111 To: Cc: Subje : e: ran Jury ppearance We will be there, and I will make the travel arrangements. I am assuming that this will be done in connection with an order of immunity. Please let me know if that is correct so I can advise Thanks. Brendan White To. ' Cc Sett : on ay, une , 11:27AM Subject: Grand Jury Appearance Dear Mr. White: Ms. Lacerda will need to appear before the grand jury on July 1st to give testimony. Please c t my assistant. , to make travel arrangements. I expect that stimony will begin either in the late morning or early afternoon, but she should be available for the whole day. Thank you. Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 EFTA00209926 West Palm Beach, FL 33401 EFTA00209927