EFTA00223484.pdf

U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beach, FL 33401 Facsimile: June 27, 2008 VIA FACSIMILE Jack A. Goldberger, Esq. Atterbury, Goldberger & Weiss, P.A. One Clearlake Centre, Suite 1400 250 Australian Ave S. West Palm Beach, FL 33401-5015 Roy Black, Esq. Black Srebnick Komspan & Stumpf P.A. 201 S. Biscayne Blvd, Suite 1300 Miami, FL 33131 Re: Jeffrey Epstein Dear Messrs. Goldberger and Black: I write to follow up on my e-mail correspondence of June 24 and June 26, and my message this morning. As of 3:15 p.m., Friday, June 27, 2008, the Office still has not received a copy of a proposed plea agreement between Mr. Epstein and the State Attorney's Office, nor has the Office received notice of a date and time for a change of plea. As you know, the Non-Prosecution Agreement between Mr. Epstein and the Office called for Mr. Epstein to plead, be sentenced, and begin serving his sentence not later than January 4, 2008—almost six months ago. The Office has continued that deadline to allow Mr. Epstein to raise various issues with the Department of Justice, but repeatedly advised that, once those appeals were completed, Mr. Epstein would need to perform the terms of the agreement within a short window thereafter. Now that those appeals have been exhausted, we promptly informed counsel for Mr. Epstein that he must enter his plea, be sentenced, and begin serving his sentence by 5:00 on Monday, June 30, 2008. This week I have sent two e-mails and left a message with Mr. Black's receptionist asking for the date and time of the change of plea and for a copy of the proposed plea agreement between Mr. Epstein and the State Attorney's Office in accordance with the terms of the Non-Prosecution Agreement. I have received no response to any of those requests. EFTA00223484 JACK GOLDBERGER, ESQ. ROY BLACK, ESQ. JUNE 27, 2008 PAGE 2 OF 2 I have received correspondence from counsel for a witness asking to cancel or continue the witness's appearance because he "understand[s] 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 agreement with your office that has already been executed" and that he has "learned from Mr. Epstein's attorney that the plea is scheduled to take place on Monday morning." I also understand that there is an entry on Judge McSorley's docket that a hearing is scheduled for 8:30 a.m. on Monday. Both parties have agreed that it is a material term of the Non-Prosecution Agreement that the United States shall have the right to review the terms of any agreements between Epstein and the State Attorney's Office prior to entering into those agreements. If, indeed, the change of plea is set for 8:30 Monday morning, the agreement with the State Attorney's Office must be provided to the Office by 4:30 today to allow adequate time to review and comment. Failure to provide this opportunity shall be deemed a breach of the Agreement. Accordingly, I again ask that you provide me with a copy of the Plea Agreement with the State Attorney's Office and notification of the date and time of the change of plea. Thank you. Sincerely, R. Alexander Acosta cc: AUSA By: Assistant United States Attorney EFTA00223485 P. 1 * * * TRANSMISSION RESULT REPCRT ( JUN.27.2008 3:39PM ) * * * TTI USA') WPB FL DATE TIME ADDRESS MODE TIME PAGE RESULT PERS. NAME FILE JUN.27. 3:38PM TES 0'35" P. 3 OK 324 # : BATCH L : SEND LATER S : STANDARD A-: ASYNC MODE C : CONFIDENTIAL : FORWARDING D : DETAIL 1-: MIL_STD MODE P : POLLING E : ECM F : FINE G-: RICOHHNG3/COMPATIBLE MODE M : MEMORY > : REDUCTION EFTA00223486 P. 1 * * * TRANSMISSION RESULT REPORT ( JUN.27.2008 3:38PM ) * * * TTI USAO WPB FL DATE TIME ADDRESS MODE TIME PAGE RESULT PERS. NAME FILE JUN.27. 3:36PM TES 1'27" P. 3 OK 323 I : BATCH L : SEND LATER S STANDARD A-: ASYNC MODE C : CONFIDENTIAL : FORWARDING D : DETAIL 1-: MIL_STD MODE P : POLLING E : ECM F : FINE G-: RICOH-MG3/COMPATIBLE MODE M : MEMORY > : REDUCTION EFTA00223487 U.S. Department of Justice United States Attorney Southern District of Florida A. =Ville:feta 500S.Australian Ave, 4th Floor West Palm Beach, Florida 33401 FACSIMILE COVER SHEET TO: Roy Black, Esq. DATE: June 27, 2008 FAX NO. # OF PAGES: 3 PHONE NO. RE: FROM: PHONE NO. Assistant U.S. Attorney COMMENTS: EFTA00223488 U.S. Department of Justice United Stales Attorney Southern District of Florida A. 500 S. Australian Ave, 4th Floor West Palm Beach, Florida 33401 Facsimile FACSIMILE COVER SHEET TO: Jack Alan Goldberger DATE: June 27, 2008 FAX NO. ti OF PAGES: 3 PHONE NO. RE: EPSTEIN FROM: PHONE NO. Assistant U.S. Attorney COMMENTS: EFTA00223489