EFTA00235326.pdf

JANE DOE #1 AND JANE DOE #2'S MOTION FOR FINDING OF VIOLATIONS OF THE CRIME VICTIMS' RIGHTS ACT AND REQUEST FOR A HEARING ON APPROPRIATE REMEDIES CASE NO: 0840736-Civ-Marra/Johnson EXHIBIT A Filed Under Seal EFTA00235326 C) 09/12/2007 03:44 PM To < cc "alikUSAFLS1r bcc Subject Jeffrey Epstein Jay —lavas nice seeing you again. -.Nand I tallced with Alex and We are all satisfied in principle with the agreement, but the Office is uncomfortable with the recommended federal charge. Specifically, we are concerned about the effect of taking the position that Mr. Epstein's house is in the special maritime and territorial jurisdiction of the United States, and we have no evidence of any assaults occurring either on Mr. Epstein's plane or offshore from his residence. We are hoping that you can find an alternative federal statute that can be used. I also will wait to hear from Jack Goldberger to discuss logistics. Thank you. I- Assistant U.S. Attorney West Palm Beach, FL 33401 US_Atty_Cor_001 EFTA00235327 usdo Egov, 09/13/2007 07:27 PM To "Jay Lelkowile cc bcc Subject RE: Hi Jay -- Yes, I am. I have been spending some quality time with Title 18 looking for misdemeanors. Do you want to take a look at 18 USC 403, 18 USC 1512(d), and 47 EEC 223(a)(1)(B) and we can talk about them tomorrow? I know that someone mentioned there being activity on an airplane, I just want to make sure that there is factual basis for the plea that the agents can confirm. I'm not sure exactly where I will be tomorrow morning, so is it alright if I call you? Have a good evening. 33401 Original Message From: Jay Lefkowitz fmailto: Sentil rl ll13, . 2007 7:21 PM To: (USAFLS) Subject: The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and US_Atty_Cor_002 EFTA00235328 0 destroy this communication and all copies thereof, including all attachments. * • fa * • US_Atty_Cor_003 EFTA00235329 09119/2007 12:14 PM To cc bee Subject RE: Meeting "Jay Lelkovatt Judge Johnson has duty next week. Jay — !hate to have to be firm about this, but we need to wrap this up by Monday. I will not miss my indictment date when this has dragged on for several weeks already and then, if things fall apart, be left in a less advantageous position than before the negotiations. I have had an 82-page pros memo and 53-page indictment sitting on the shelf since May to engage in these negotiations. There has to be an ending date, and that date is Monday. Villqfcrifa MS Attorney Sent: 09/19/2007 11:51 AM AST To: Jay Letkowitz Subject: Meeting SAFLS\)" is available Monday morning. Our most flexible West Palm Beach magistrate is on duty on Monday, so, assuming we have signed documents by 1:30 or so, we should be able to get Mr. Epstein arraigned on Monday. I doubt that we will be able to get everything finished up here, get down to Miami, and try to find a Miami mag by close of business on Monday. US_Atty_Cor_004 EFTA00235330 Q9/14t2007 09:55 AM To "Jay Le&ovate cc bce SubOct Pile documents Hi Jay — I'm not sure which of those e-mail addresses is correct Here are drafts of the plea agreement and information. They have not yet been blessed by Miami, but they have approved of prior similar drafts, so these should be close to what is needed. My You also can get home e-mail is me over the weekend on my cell phone at <<infomuttion charging 1512 and 113.pdf>> <<OLY Plea Agreement v4 1512 and 113 violations.pdf>> Regards, Assistant U.S. Attorney West Palm Beach, FL 33401 Information charging 1512 and 113.pdt OLY Plea Agreement v4 1512 and 113 vlolatlons.pdf US_Atty_Cor_005 EFTA00235331 D UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 18 U.S.C. § 1512(dX2) 18 U.S.C. § 113(aX5) UNITED STATES OF AMERICA vs. JEFFREY EPSTEIN, Defendant. R The United States Attorney charges that: COUNT I In or around October 2005, in Palm Beach County, in the Southern District of Florida, and elsewhere, the defendant, F JEFFREY EPSTEIN, did intentionally harass another person, that is, Jane Doe #I, in an attempt to delay, prevent, and dissuade Jane Doe #1 from reporting to a law enforcement officrer of the United States the ]g l commission of a federal offense; in violation of Title 18, United Slat ode, Sections 1512(O2) and 2. COUNT 2 In or around 2005, in the special territorial jurisdiction of the United States, that is, in an aircraft owned by a United States citizen while in flight over the high seas, and elsewhere, US_Atty_Cor_006 EFTA00235332 the defendant, JEFFREY EPSTEIN, did kno ly commit a simple assault on a person who was over the age of 16 years, that is, M.; in violat • Title IS, United States Code, Section 113(aX5). R. ALEXANDER AC UNITED STATES ATTORNEY VILLAFARA ASSISTANT UNITED STATES ATT 2 F T US_Atty_Cor_007 EFTA00235333 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA UNITDATES OF AMERICA vs. JEFFREY EPSTEIN, Defendant. Case 1'0'0. R, PLEA AGREEMENT The United States Attorney for the Southern District of Florida ("the United States"), and Jeffrey Epstein (hereinafter referred to as thitfendant") enter into the following agreement 1. The defendant agrees to plead guilty to the Information which charges the defendant as follows: Count 1 charges that the defendant intentionally harassed another person, that is, Jane Doe #1, in an attempt to delay, prevent, and dissuade J ill from reporting to a law enforcement officer of the United States the commission of a federal offense; in violation of Title 18, United States Code, Sections 1512(d)(2) and 2; and Count 2 charges that the defendant, while in an airplane over the high seas, did knowingly commit a simple assault on a person who was T over the age of 16 years, that is, M.; in violation of Title 18, United States Code, Secti I I 3(aX5). 2. The defendant is aware that the sentence will be imposed by the Court after considering the Federal Sentencing Guidelines and Policy Statements (hereinafter Page 1 of 7 US_Atty_Cor_008 EFTA00235334 "Sentencing Guidelines"). The defendant acknowledges and understands that the Court will compute an advisory sentence under the Sentencing Guidelines and that the applicable guideli ill be determined by the Court relying in part on the results of a Pre-Sentence Investi by the Court's probation office, which investigation will commence after the guilty plea has been entered. The defendant is also aware that, under certain circumstances, the Court may depart from the advisory sentencing guideline range that it has computed, and may raise or lower that advisory soft under the Sentencing Guidelines. The defendant is further aware and understands that the Court is required to consider the advisory guideline range determined under the Sentencing Guidelines, but is not bound to impose that sentence; the Court is permitted to tailor the ultimate sentence in light of other statutory concerns, and such sentence may be either more seven or less re than the Sentencing Guidelines' advisory sentence. Knowing these facts, the defendant understands and acknowledges that the Court has the authority to impose any sentence within and up to the statutory maximum authorized by law for the offenses identified in paragraph 1 and the defendant may not withdraw the plea solely as a result of the sentence imposed. 3. The defendant further understands and acknowledges that, as to Count 1 of the Information, the Court may impose a statutory maximwn term of imprisonment of up to one (I) year, to be followed by a term of supervised release of up to a maximum off (I) year. In addition to terms of imprisonment and supervised release, the Court may impose a fine of up to $100,000. The defendant further understands and acknowledges that, as to Count 2 of the Information, the Court may impose a statutory maximum term of imprisonment of up to Page 2 of 7 US_Atty_Cor_009 EFTA00235335 six (6) months, to be followed by a term of supervised release of up to a maximum of one (1) year. In addition to terms of imprisonment and supervised release, the Court may impose a fine of $100,000. The defendant further understands and acknowledges that, in addition to any sentence imposed under paragraph 3 of this Agreement, a special assessment in the amount of $50 will be imposed on the defendant, which must be paid at or before the time of sentencing. R 5. The defendant understands that the Court will order that he must pay full restitution to all victims of the offense to which he is pleading guilty. The defendant understands that the amount of restitution owed to each victim will be determined at or before sentencing. A 6. The parties agree to jointly recommend that the defendant receive a sentence of eighteen (18) months' imprisonment, to be followed by two (2) years of supervised release; and a fine of $200,000. 7. The defendant agreesthat,ifanyoftheviictimsidentiAbdinthefederal investigation file suit pursuant to 18 U.S.C. § 2255, the defendant will not contest the jurisdiction of the U.S. District Court for the Southern District of Florida over his person and/or the subject matter, and the noT e defendant will not contest that the identified victims are persons who, while mi , victims of violations of Title 18, United States Code, Sections(s) 2422 and/or 2423. The hod States agrees to provide the defendant's attorneys with a list of the identified victims, which will not exceed forty, after the defendant has signed this agreement and has been sentenced. The United Page 3 of 7 US_Atty_Cor_001 EFTA00235336 States further agrees to make a motion with the United States District Court for the Southern District of Florida for the appointment of a guardian ad litem for the identified victims and the defendant's counsel contact the identified victims through that guardian. The defendant agrees to plead guilty (not nolo contendere) to an Information filed by the Palm Beach County State Attorney's Office charging an offense for which the defendant must register as a sex offender, that is, solicitation of minors to engage in prostitution, in violation of Fl. Stat. 796.03. The defendant agrees tha d the Palm Beach County State Attorney's Office will make a joint, binding recommended the Court impose a sentence of at least thirty (30) months, to be divided as follows: (a) the defendant shall begin by serving at least twenty (20) months in prison, without any opportunity for wit olding adjudication or sentencing, and without probation or oammu • c t of in lieu of imprisonment; and (b) following the term of imprisonment, the defendant shall serve ten (10) months of community control/home confinement with electronic monitoring. 9. The defendant agrees to waive all challenges to the s tation filed by the State Attorney's Office and to waive the right to appeal his conviction anJ H entence in the state court. 10. The defendant agrees that he will provide to the U.S. Attorney's Office copies of all proposed agreements with the Palm Beach County State Attorney's Office prior to entering into those agreements. 11. The United States reserves the right to inform the Court and probation office of all facts pertinent to the sentencing process, including all relevant information concerning the offenses committed, whether charged or not, as well as concerning the Page 4 of 7 US_Atty_Cor_0011 EFTA00235337 defendant and the defendant's background, and to respond to any questions from the Court and the Probation Office and to any misstatements of fact or law. Subject only to the express terms agreed-upon sentencing recommendations contained in this Agreement, this Office reserves the right to make any recommendation as to the quality and quantity of punishment. 12. The defendant is aware that the sentence has not yet been determined by the Court. The defendant also is a any estimate of the probable sentencing range or sentence that the defendant may receive, whether that estimate comes from the defendant's attorney, the government, or the probation office, is a prediction, not a promise, and is not binding on the government, the probation office or the Court. The defendant understands further that any recommendation that the govern r rnakes to the Court as to sentencing, whether pursuant to this agreement or otherwise, is not binding on the Court and the Court may disregard the recommendation in its entirety. The defendant understands and acknowledges, as previously acknowledged in paragraph 2 abov the defendant may not withdraw his plea based upon the Court's decision no accept a sentencing recommendation made by the defendant, the government, or a recommendation made jointly by both the defendant and the government. 13. WAIVER OF RIGHT TO APPEAL AND COLLATERALLY ACK THE SENTENCE. The defendant is aware that Title 18, United States Code, Section 3742 affords the defendant the right to appeal the sentence imposed in this case. Acknowledging this, in exchange for the undertakings made by the United States in this plea agreement, the Page 5 of 7 US_Atty_Cor_0012 EFTA00235338 defendant hereby waives all rights conferred by Section 3742 to appeal any sentence imposed, including any restitution order, or to appeal the manner in which the sentence was impos ess the sentence exceeds the maximum permitted by statute or is the result of eiwk) an upw parture or upward variance from the guideline range that the Court establishes at sentencing. The defendant further voluntarily and expressly waives, to the maximum extent permitted by federal law, the right to collaterally attack his sentence in any post- conviction proceeding, including a on on any ground brought under 28 U.S.C. § 2254, 28 U.S.C. § 2255, 18 U.S.C. § 3572, or 18 U.S.C. § 3771. The defendant further understands that nothing in this agreement shall affect the government's right and/or duty to appeal as set forth in Title 18, United States Code, Section 3742(b). However, if the United States appeals the defendant's sentence pursuant to Section 374 the defendant shall be released from the above waiver of appellate rights. By signing this agreement, the defendant acknowledges that he has discussed the appeal waiver set forth in this agreement with his attorney. 14. If the defendant fails in any way to fulfill each on and • obligations under this 1.,34., Plea Agreement, the United States, only the United States, elect to be released from its commitments under this Plea Agreement. If the United States elects to void the Plea Agreement because of a breach by the defendant, then the United States agrees not to use the defendant's guilty plea against him. However, the United States mayprosecute'i efendant for any and all Federal crimes that he has committed related to this case and may seek any sentence for such crimes up to and including the statutory maximums. The defendant expressly waives any statute of limitations defense and any constitutional or statutory speedy Page 6 of 7 US_Atty_Cor_001 3 EFTA00235339 or • 1.9CAS 09114/2007 09:57 AM To "Joy Letkowite cc bcc Subject RE: Follow up Sorry, Jay. I just got this and have to run off to the hospital. I will revise and re-email you tomorrow or late tonight. anti!!!!ll'orne West Pa Be Original Message From: Jay Lefkowitz Sent: Fricia September 19, To: . (USAFLS) Subject: Follow up ******* *************** **** ***** * ****** * ** ***** ******* The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited US_Atty_Cor_0014 EFTA00235340 and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments. US_Atty_Cor_001 5 EFTA00235341 a Vie .cony 09/15/2007 03:16 PM A rx A• alr • To cc bcc Subject JE negotiations Hi Jay — Sorry to trouble you over the weekend. Here are the revised documents with the 403 charge. I have otten some negative reaction to the assault charge with as the victim, since she is considered one of the mate perpetrators of the offenses that we planned to charge in the indictment. Can you talk to Mr. Epstein about a young woman name We have hearsay evidence that she traveled on Mr. Epstein's airplane when she was under 18, in around the 2000 or 2001 time frame. That falls outside the statute of limitations, but perhaps we could construct a 371 conspiracy around that? Let me know what you think. Thank you. •c•c< OM sot EOM on c rgIng±t(fl_id 113.pffLs_ va lieen archived by user 'CommonStore/IT/Kirkland-Ellis' on '11/26/2007 01:07:11r >>> «.< Attachment 'OLY Plea Agreement v5 403 and 113 violations.odf has been archived by userSommonStore/117Kbkland-Ellie on '11/26/2007 01:07:57'. >>> US_Atty_Cor_001 6 EFTA00235342 sr D UNITED STATES OF vs. JEFFREY EPSTEIN, Defendant. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 18 U.S.C. § 403 18 U.S.C. § 113(a)(5) A INFORMATION The United States Attorney charges that: COUNT In or around August 2006, in Palm Beach CoF, in the Southern District of Florida, and elsewhere, the defendant, JEFFREY EPSTEIN, b did knowingly and intentionally violate the privacy protection accot y 18 U.S.C. § 3509 to a child victim, that is, Jane Doe #1; in violation of Title 18, United Sta ode, Sections 403 and 2. COUNT 2 In or around 2005, in the special territorial jurisdiction of the United States, that is, in an aircraft owned by a United States citizen while in flight over the high seas, and elsewhere, the defendant, JEFFREY EPSTEIN, US_Atty_Cor_001 7 EFTA00235343 did imowingly commit a simple assault on a person who was over the age of 16 years, that is, U; in violation of Title 18, United States Code, Section 113(a)(5). D It. ALEXANDER ACOSTA UNITED STATES AT. ASSISTANT UNI' ATES ATTORNEY A 2 F T US_Atty_Cor_001 8 EFTA00235344 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA D Case No. UNITED STATES OF AMERICA vs. JEFFREY EPSTEIb Defend PLEA AGREEMENT The United States Attorney fo e Southern District of Florida ("the United States"), and Jeffrey Epstein (hereinafter re d to as the "defendant") enter into the following agreement 1. The defendant agrees to plead guilty to the Information which charges the defendant as follows: Count 1 charges that theFfendant knowingly and intentionally violated the privacy protection accorded to child victims by 18 U.S.C. § 3509; in violation of Title 18, United States Code, Sections 403 and 2; and Count 2 charges that the defendant, while in an airplane over the high seas, did knowingly commit l on a person who was over the age of 16 years, that is, in violation of Title 18, United States Code, Section 113(aX5). 2. The defendant is aware that the sentence will be imposed by the Court after considering the Federal Sentencing Guidelines and Policy Statements (hereinafter Page 1 of 7 US_Atty_Cor_0019 EFTA00235345 "Sentencing Guidelines"). The defendant acknowledges and understands that the Court will compute an advisory sentence under the Sentencing Guidelines and that the applicable guidelityll be determined by the Court relying in part on the results of a Pre-Sentence Investigation by the Court's probation office, which investigation will commence after the guilty plea has been entered. The defendant is also aware that, under certain circumstances, the Court may depart the advisory sentencing guideline range that it has computed, and may raise or lower isory sentence under the Sentencing Guidelines. The defendant is further aware and understands that the Court is required to consider the advisory guideline range determined under the Sentencing Guidelines, but is not bound to impose that sentence; ir the Court is permitted to tailor the uisentence in light of other statutory concerns, and such sentence may be either more severe or less severe than the Sentencing Guidelines' advisory sentence. Knowing these facts, the defendant understands and acknowledges that the Court has the authority to impose any senten in and up to the statutory maximum authorized by law for the offenses identified in paragraph 1 and that the defendant may not withdraw the plea solely as a result of the sentence imposed. 3. The defendant further understands and acknowled the es that, as to Count 1 of the t Information, Court may impose a statutory maximum term of nprisonment of up to one (1) year, to be followed by a term of supervised release of up to a maximum of one (1) year. In addition to terms of imprisonment and supervised release, the Court may impose a fine of up to $100,000. The defendant further understands and acknowledges that, as to Count 2 of the Information, the Court may impose a statutory maximum term of imprisonment of up to Page 2 of 7 US_Atty_Cor_0020 EFTA00235346 six (6) months, to be followed by a term of supervised release of up to a maximum of one (1) year. In addition to terms of imprisonment and supervised release, the Court may impose a fine of D$100,000. 4. The defendant further understands and acknowledges that, In addition to any sentence imposed under paragraph 3 of this Agreement, a special assessment in the amount of $50 will be impog on the defendant, which must be paid at or before the time of sentencing. 5. The defendant understands that the Court will order that he must pay full restitution to all victims of the offense to which he is pleading guilty. The defendant understands that the amount of resAon owed to each victim will be determined at or before sentencing. 6. The parties agree to jointly recommend that the defendant receive a sentence of eighteen (18) months' imprisonment, to be T red by two (2) years of supervised release; and a fine of $200,000. 7. The defendant agrees that, if any of the victims identified in the federal investigation file suit pursuant to 18 U.S.C. § 2255, the defendant will not contest the jurisdiction of the U.S. District Court for the Southern District Florida over his person and/or the subject matter, and the defendant will not contest that the identified victims are persons who, while minors, were victims of violations of Title 18, United States Code, Sections(s) 2422 and/or 2423. The United States agrees to provide the defendant's attorneys with a list of the identified victims, which will not exceed forty, after the defendant has Page 3 of 7 US_Atty_Cor_0021 EFTA00235347 signed this agreement and has been sentenced. The United States further agrees to make a motion with the United States District Court for the Southern District of Florida for the appoin of a guardian ad I item for the identified victims and the defendant's counsel may contact the identified victims through that guardian. 8. The defendant agrees to plead guilty (not nolo contendere) to an Information filed by the Palm Be k County State Attorney's Office charging an offense for which the s defendant must regi a sex offender, that is, solicitation of minors to engage in prostitution, in violation of Fl. Stat. 796.03. The defendant agrees that he and the Palm Beach County State Attorney's Office will make a joint, binding recommendation that the Court impose a sentence of at least (30) months, to be divided as follows: (a) the defendant shall begin by serving at least twenty (20) months in prison, without any opportunity for withholding adjudication or (b) sentencing, and without • on or community control in lieu of imprisonment; and following the term of imprisonment, the defendant shall serve ten (10) months of community control/home confinement with electronic monitoring. 9. The defendant agrees to waive all challenges to the Information filed by the State Attorney's Office and to waive the right to appeal his conviction and sentence in the state court. 10. The defendant agrees that he will provide to the U.S. Attorney's Office copies Page 4 of 7 US_Atty_Cor_0022 EFTA00235348 of all proposed agreements with the Palm Beach County State Attorney's Office prior to entering into those agreements. ip The United States reserves the right to inform the Court and the probation office of all facts pertinent to the sentencing process, including all relevant information concerning the offenses committed, whether charged or not, as well as concerning the k i defendant and the de dant's background, and to respond to any questions from the Court and the Probation Of d to any misstatements of fact or law. Subject only to the express terms of any agreed-upon sentencing recommendations contained in this Agreement, this Office further reserves the right to make any recommendation as to the quality and quantity of punishment. A 12. The defendant is aware that the sentence has not yet been determined by the Court. The defendant also is aware that any estimate of the probable sentencing range or sentence that the defendant may receive, whether estimate comes from the defendant's attorney, the government, or the probation office, is a prediction, not a promise, and is not binding on the government, the probation office or the Court. The defendant understands further that any recommendation that the government makes to the Court as to sentencing, T whether pursuant to this agreement or otherwise, is not binding the Court and the Court may disregard the recommendation in its entirety. The defendant understands and acknowledges, as previously acknowledged in paragraph 2 above, that the defendant may not withdraw his plea based upon the Court's decision not to accept a sentencing recommendation made by the defendant, the government, or a recon-unendation made jointly Page 5 of 7 US_Atty_Cor_0023 EFTA00235349 by both the defendant and the government. 13. WAIVER OF RIGHT TO APPEAL AND COLLATERALLY ATTACK THE SIDENCE. The defendant is aware that Title 18, United States Code, Section 3742 affords the defendant the right to appeal the sentence imposed in this case. Acknowledging this, in exchange for the undertakings made by the United States in this plea agreement, the defendant hereby w • all rights conferred by Section 3742 to appeal any sentence imposed, including a Ctitution order, or to appeal the manner in which the sentence was imposed, unless the sentence exceeds the maximum permitted by statute or is the result of an upward departure or upward variance from the guideline range that the Court establishes at sentencing. The defendant ftuthAaluntarily and expressly waives, to the maximum extent permitted by federal law, the right to collaterally attack his sentence in any post- conviction proceeding, including a motion on any ground brought under 28 U.S.C. § 2254, 28 U.S.C. § 2255, 18 U.S.C. § 3572, or 18 U.S.C. 1. The defendant further understands that nothing in this agreement shall affect the governments right and/or duty to appeal as set forth in Title 18, United States Code, Section 3742(b). However, if the United States appeals the defendant's sentence pursuant to Section 3742(b), the defendant shall be released from the above waiver of appellate rights. By signing this agreement, efendant acknowledges that he has discussed the appeal waiver set forth in this agreement with his attorney. 14. If the defendant fails in any way to fulfill each one of his obligations under this Plea Agreement, the United States, and only the United States, may elect to be released from its commitments under this Plea Agreement. If the United States elects to void the Plea Page 6 of 7 US_Atty_Cor_0024 EFTA00235350 Agreement because of a breach by the defendant, then the United States agrees not to use the defendant's guilty plea against hint However, the United States may prosecute the defendant for any Federal crimes that he has committed related to this case and may seek any sentence for such crimes up to and including the statutory maximums. The defendant expressly waives any statute of limitations defense and any constitutional or statutory speedy trial defense to such osecution, except to the extent that such a defense exists as of the date he signs this P1eA Bement. Finally, the defendant understands that his violation of the terms of this Plea Agreement would not entitle him to withdraw his guilty plea. 15. This is the entire agreement and understanding between the United States and the defendant. There are no other a ents, promises, representations, or understandings. Date: By: EL ALTNDER ACOSTA UNII STATES ATTORNEY Date: By: JEFFREY EPSTEINFr DEFENDANT Date: By: JAY LEFKOWITZ, ESQ. ATTORNEY FOR DEFENDANT Page 7 of 7 US_Atty_Cor_0025 EFTA00235351 om> 09/16/2007 08:49 AM litgaiatakte To "Jay Lefkowitz" cc bcc Subject Re: JE negotiations Hi Jay — Sorry -- I didn't get your message until this morning. I will call you at 9:15. If that doesn't work, let me know a better time, otherwise I will just plan to speak to you at 9:15. Thanks. US_Atty_Cor_0026 EFTA00235352 om> 09/16/2007 09:07 AM To *Jay Lofkowitz" < cc bcc Subject Re: JE negotiations Sounds fine. Thanks. Can you e-mail me the number where you want me to call you? US_Atty_Cor_0027 EFTA00235353 cm> 09/16/2007 10:35AM To "Jay LeNewer cc bcc Subject Re: JE negotiations 'PA -4441 1!"fgerniVig 3"fek?-iatal SiAl cUtg0 Hi Jay — I will wait to hear from you before I change the documents back to the 1512, but can you tell me when you call back whether you had any issues with the language of the plea agreement or the information that I sent earlier? Thanks. US_Atty_Cor_0028 EFTA00235354 aegmel.com. 09116/200711:41 AM To •Jay Lolkowitf cc bce Subiect Re: a negotiations Hi Jay — I looked up some 11th Circuit cases on simple assault and found some good language. I also learned that, every moment that one is aboard an enclosed civil airplane, they are in the "special aircraft jurisdiction of the United States," so the assault charge is really a violation of 49 USC 46506, which doesn't change the penalties. I have drafted up a factual proffer that I would use at the change of plea based upon our brief conversation and the agents' interaction with Ms. home. The agents and I would need to speak with Ms. and Ms. Groff briefly to confum that these facts are true. Feel free to make suggestions. On an "avoid the press" note, I believe that Mr. Epstein's airplane was in Miami on the day of the Ms. Groff telephone call. If he was in Miami-Dade County at the time, then I can file the charge in the District Court in Miami, which will hopefully cut the press coverage significantly. Do you want to check that out? I will talk to you later. Thanks. <cc< Attachment 'Epstein Plea Proffer.doe hes been archived by user tonunonStoreill7Kiridand-Ellie on '11/28/2007 01:0817'. >>> US_Atty_Cor_0029 EFTA00235355 om> 09/16/2007 03:54 PM To "Jay Lefkowitzs cc boc Subject Re: Hi Jay — This can wait until after the show but my voice is going so I thought I would type it up. I talked to and he still doesn't like the factual baths. In his opinion, the plea should only address the crimes that we were addressing, and we were not investigating Mr. Epstein abusing his girlfriend. So, these are the only options that he recommended: 1. We go back to the original agreement where Mr. Epstein pleads only to state charges and serves his time in the state, except that we can agree to only 18 months imprisonment. 2. Mr. Epstein pleads guilty to the state charges and also pleads to either two obstruction counts or to one count of violating 47 USC 223(aX1)(3), with a joint non-binding recommendation of 18 months, so that Mr. Epstein can serve his time federally. 3. (My suggestion only, not I go back to the U.S. Attorney and ask him to agree to an ABA-plea to a 371 count (conspiracy to violate 2422(b)) with a binding 20-month recommendation so that Mr. Epstein can serve all of his time in a federal facility. Or 4. Mr. Epstein pleads to one obstruction count, and serves part of his time federally and part state. On your other proposed changes, some are fine and some are problematic. Re your paragraph 2: As to timing, it is my understanding that Mr. Epstein needs to be sentenced in the state after he is sentenced in the federal case, but not that he needs to 21 d guilty and be sentenced after serving his federal time. I. recommended that some of the timing issues be addressed only in the state agreement, so that it isn't obvious to the judge that we are trying to create federal jurisdiction for prison purposes. My understanding is that Mr. Epstein should sign a state plea agreement, plead guilty to the US_Atty_Cor_0030 EFTA00235356 a federal offenses, plead guilty to the state offenses, be sentenced on the federal offenses, and then be sentenced on the state offenses, and then start serving the federal sentence. Re your paragraph 3: As to the reservation of Mr. Epstein's right to withdraw his state plea or to appeal his state plea or sentence, that is fine, but we need the caveat that, if he were to do so, the United States could proceed on our charges. Re your paragraph 6: With respect to the waiver of the right to appeal the federal sentence, given the way we have drafted the information, it is possible that getting to the 18 month sentence will require an upward departure. The'version of the agreement that you were working from is a federal non-prosecution agreement, the ones I have sent you recently are plea agreements that get filed with the court. Please see if the appeal waiver language in those versions is alright. Re your paragraph 7: As I mentioned, we will not waive the presentence investigation. I know that this will delay Mr. Epstein's sentencing by 70 days, but that will allow him to get all of his affairs in order. As to bail, it will be set at the time of arraignment, and we can work out a joint recommendation regarding the amount and its limitations. I have no objection to making a joint recommendation that Mr. Epstein remain out on bond pending his sentencing, but Pm not sure that it belongs in a plea agreement, especially since I can't bind the court on that issue. However, I can assure you, and we can put it on the record during the plea collooquy, that I will join in your recommendation that he remain out on bond pending sentencing. The same goes for the prison camp issue. As I mentioned, I have opposed a designation only once in a very particular case. I can assure you, and we can put it on the record at the plea colloquy that I will not oppose your recommendation for Mr. Epstein's designation. Re your paragraph 8: As I mentioned over the telephone, I cannot bind the girls to the Trust Agreement, and I don't think it is appropriate that a state court would administer a trust that seeks to pay for federal civil claims. We both want to avoid unscrupulous attorneys and/or litigants from coming forward, and I know that your client wants to keep these matters outside of public court filings, but I just don't have the power to do what you ask. Here is my recommendation. During the period between Mr. Epstein's plea and sentencing, I make a motion for appointment of the Guardian Ad Litem. The three of us sit down and discuss things, US_Atty_Cor_0031 EFTA00235357 and I will facilitate as much as I can getting the girls' approval of this procedure because, as I mentioned, I think it is probably in their best interests. In teams of plea agreement language, let me suggest the following: The United States agrees to make a motion seeking the appointment of a Guardian ad Litem to represent the identified victims. Following the appointment of such Guardian, the parties agree to work together in good faith to develop a Trust Agreement, subject to the Court's approval, that would provide for any damages owed to the identified victims pursuant to 18 U.S.C. Section 2255 Then include the last two sentences of your paragraph 8. Re the two paragraphs following your paragraph 8: I will include our standard language regarding resolving all criminal liability and I will mention "co-conspirators," but I would prefer not to highlight for the judge all of the other crimes and all of the other persons that we could charge. Also, we do not have the power to bind Immigration and we make it a policy not to try to, however, I can tell you that, as far as I know, there is no plan to try to proceed on • an immi ation charges against either Ms. El or Ms. Also, on the grand jury subpoenas, I can prepare letters withdrawing them as of the signing of the plea agreement, but I would prefer to take out that language. In my eyes, once we have a plea agreement, the grand jury's investigation has ended and there can be no more use of the grand jury's subpoena power. I had hoped that we were far closer to resolving this than it appears that we are. Can I suggest that tomorrow we either meet live or via teleconference, either with your client or having him within a quick phone call, to hash out these items? I was hoping to work only a half day tomorrow to save my voice for Tuesday's hearing and grand jury, if necessary, but maybe we can set a time to meet. If you want to meet "off campus" somewhere, that is fine. I will make sure that I have all the necessary decision makers present or "on call," as well. If we can resolve some of these issues today, let's try to, and then save only the difficult issues for tomorrow. Sorry for the long e-mail, and for ruining your date with your daughter. US_Atty_Cor_0032 EFTA00235358 1.90v> 09/17/2007 09:43 AM To ' y Letkowite cc "Gerald Letco XUSAFIS‘r < bee XUSAFLSWI Subject Heating before Judge Marra has been tai Roy and Jay — I received a call from Jenny, who is standing in as Judge Marra's CRD. She spoke with the judge and he agreed to take the matter off the calendar. I told Jenny that if we are able to reach a plea agreement, we will withdraw the subpoena and Mr. Black will withdraw his motion to quash. Please call if you have questions. WM Assistant U.S. Attorney West Palm Beach, FL 33401 US_Atty_Cor_0033 EFTA00235359 09/17/2007 11:45 AM To "Jay LetkowIte cc bcc Subject Non-Prceecutton Agreements Hi Jay — To avoid you having to reinvent the wheel, here is a copy of the last version of the non-prosecution agreement in Word and WordPerfect. <<070911 Epstein Non-Prosecution Agreemeatwpd» <<070911 Epstein Non-Prosecution Agreement.doc>> Assistant U.S. Attorney West Palm Beach, FL 33401 070911 Epstein Non-Prosecution Agreementwpd 3 070911 Epstein Non-Prosecution Agreernentdoc US_Atty_Cor_0034 EFTA00235360 IN RE: INVESTIGATION OF JEFFREY EPSTEIN NON-PROSECUTION AGREEMENT IT APPEARING that the City of Palm Beach Police Department and the State Attorney's Office for the 15th Judicial Circuit in and for Palm Beach County (hereinafter, the "State Attorney's Office") have conducted an investigation into the conduct of Jeffrey Epstein (hereinafter "Epstein"); IT APPEARING that the State Attorney's Office has charged Epstein with three counts of solicitation of prostitution, in violation of Florida Statutes Section 796.07; IT APPEARING that the United States Attorney's Office and the Federal Bureau of Investigation have conducted their own investigation of the offenses and Epstein's background; IT APPEARING that Jeffrey Epstein (hereinafter "Epstein") has committed offenses against the United States from in or around 2001 through in or around October 2005, including: (1) knowingly and willftilly conspiring with others known and unknown to commit an offense against the United States, that is, to use a facility or means of interstate or foreign commerce to knowingly persuade, induce, or entice minor females to engage in prostitution, in violation of Title 18, United States Code, Section 2422(b); all in violation of Title 18, United States Code, Section 371; (2) knowingly and willfully conspiring with others known and unknown to travel in interstate commerce for the purpose of engaging in illicit sexual conduct, as defined in 18 U.S.C. § 2423(f), with minor females, in violation of Title 18, United States Code, Section 2423(b); all in violation of Title 18, United States Code, Section 2423(e); (3) using a facility or means of interstate or foreign commerce to knowingly persuade, induce, or entice minor females to engage in prostitution; in violation of Title 18, United States Code, Sections 2422(b) and 2; (4) traveling in interstate commerce for the purpose of engaging in illicit sexual conduct, as defined in 18 § 2423(f), with minor females; in violation of Title 18, United States Code, Section 2423(b); and (5) knowingly, in and affecting interstate and foreign commerce, recruiting, enticing, Page 1 of 5 US_Atty_Cor_0035 EFTA00235361 and obtaining by any means a person, knowing that the person had not attained the age of 18 years and would be caused to engage in a commercial sex act as defined in 18 U.S.C. § 1591(cX1); in violation of Title 18, United States Code, Sections 1591(aX1) and 2; and IT APPEARING that Epstein has accepted responsibility for his behavior by his signature on this Agreement and IT APPEARING, after an investigation of the offenses and Epstein's background, that the interest of the United States pursuant to the Petite policy will be served by the following procedure; THEREFORE, on the authority of R. Alexander Acosta, United States Attorney for the Southern District of Florida, prosecution in this District for these offenses shall be deferred in favor of prosecution by the State of Florida, provided that Epstein abides by the following conditions and the requirements of this Agreement set forth below. Should Epstein violate any of the conditions of this Agreement, the United States Attorney may at any time initiate prosecution against Epstein for any offense. In this case, the United States Attorney will furnish Epstein with notice specifying the condition(s) of the Agreement that he has violated. After timely fulfilling all the terms and conditions of the Agreement, no prosecution for the offenses set out on pages 1 and 2 of this Agreement will be instituted in this District, and the charges against Epstein if any, will be dismissed. Terms of the Agreement: 1. Epstein shall plead guilty (not nolo contendere) to an Information filed by the State Attorney's Office charging violations of the following Florida Statutes: (a) lewd and lascivious battery on a child, in violation of FL Stat. 800.04(4); (b) solicitation of minors to engage in prostitution, in violation of Fl. Stat. 796.03; and (c) engaging in sexual activity with minors at least sixteen years of age, in violation of Fl. Stat. 794.05. 2. Epstein and the State Attorney's Office shall make a joint, binding recommendation that the Court impose a thirty (30) month sentence to be divided as follows: Page 2 of 5 US_Atty_Cor_0036 EFTA00235362 (a) Epstein shall begin by serving at least twenty (20) months in prison, without any opportunity for withholding adjudication or sentencing, and without probation or community control in lieu of imprisonment; and (b) following the term of imprisonment, Epstein shall serve ten (10) months of community control. 3. Epstein shall waive all challenges to the Information filed by the State Attorney's Office and shall waive the right to appeal his conviction and sentence. 4. Epstein shall provide to the U.S. Attorney's Office copies of all proposed agreements with the State Attorney's Office prior to entering into those agreements. 5. Epstein agrees that, if any of the victims identified in the federal investigation file suit pursuant to 18 U.S.C. § 2255, Epstein will not contest the jurisdiction of the U.S. District Court for the Southern District of Florida over his person and/or the subject matter, and Epstein will not contest that the identified victims are persons who, while minors, were victims of violations of Title 18, United States Code, Sections(s) 2422 and/or 2423. 6. The United States shall provide Epstein's attorneys with a list of the identified victims, which will not exceed forty, alter Epstein has signed this agreement and has been sentenced. The United States shall make a motion with the United States District Court for the Southern District of Florida for the appointment of a guardian ad litem for the identified victims and Epstein's counsel may contact the identified victims through that counsel. 7. Epstein shall enter his guilty plea and be sentenced not later than September 28, 2007, and shall begin service of his sentence not later than October 15, 2007. 8. With credit for gain time, Epstein shall serve at least 17 months in a state correctional institution. Epstein understands that the United States Attorney has no authority to require the State Attorney's Office to abide by any terms of this agreement. Epstein understands that it is his obligation to undertake discussion with the State Attorney's Office to ensure compliance with these procedures, which compliance will be necessary to satisfy the United States' interest, Page 3 of 5 US_Atty_Cor_0037 EFTA00235363 pursuant to the Petite policy. By signing this agreement, Epstein asserts and certifies that each of these terms is material to this agreement and is supported by independent consideration and that a breach of any one of these conditions allows the United States to elect to terminate the agreement and to investigate and prosecute Epstein for any and all federal offenses. By signing this agreement, Epstein asserts and certifies that he is aware of the fact that the Sixth Amendment to the Constitution of the United States provides that in all criminal prosecutions the accused shall enjoy the right to a speedy and public trial. Epstein further is aware that Rule 48(b) of the Federal Rules of Criminal Procedure provides that the Court may dismiss an indictment, information, or complaint for unnecessary delay in presenting a charge to the Grand Jury, filing an information, or in bringing a defendant to trial. Epstein hereby requests that the United States Attorney for the Southern District of Florida defer such prosecution. Epstein agrees and consents that any delay from the date of this Agreement to the date of initiation of prosecution, as provided for in the terms expressed herein, shall be deemed to be a necessary delay at his own request, and he hereby waives any defense to such prosecution on the ground that such delay operated to deny him rights under Rule 48(b) of the Federal Rules of Criminal Procedure and the Sixth Amendment to the Constitution of the United States to a speedy trial or to bar the prosecution by reason of the running of the statute of limitations for a period of months equal to the period between the signing of this agreement and the breach of this agreement. Epstein further asserts and certifies that he understands that the Fifth Amendment and Rule 7(a) of the Federal Rules of Criminal Procedure provide that all felonies must be charged in an indictment presented to a grand jury. Epstein hereby agrees and consents that, if a prosecution against him is instituted, it may be by way of an Information signed and filed by the United States Attorney, and hereby waives his right to be indicted by a grand jury. By signing this agreement, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he understands the conditions of this Non- Prosecution Agreement and agrees to comply with them. Dated: JEFFREY EPSTEIN Dated: GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN Dated: R. ALEXANDER ACOSTA Page 4 of 5 US_Atty_Cor_0038 EFTA00235364 Tn .@usdo 1410v* 09/17,2007 01:11 PM To c > cc l(USAFLST bcc Subject My whereabouts Hi Jay — lam headed home. If a document is readytakcLeviewed later today, can ou send a copy to me and also to (who is in, in f nd to my home e-mail address — and give me a call on my cell'. , so I can be ready for some discussions tomorrow. If anything else comes up, please don't hesitate to call. Thanks, US_Atty_Cor_0039 EFTA00235365 "=\ SAMS‘ ' ®usdoj.gov> 09/18/2007 09:14 AM To "Jay Lefkowite CC Sub RE: Draft Agreements? ject Hi Jay - I know that the U.S. Attorney will not go below 18 months of prison/jail time (and I would strongly oppose the suggestion). Assistant U.S. Attome West Palm Beach, FL 3340 US_Atty_Cor_0040 EFTA00235366 I believe there are only two types of agreements that would apply to this case: (1) a plea agreement to a federal charge or charges; and (2) a non-prosecution agreement (which is really a deferred prosecution agreement because the defendant agrees that if he violates the agreement, the U.S. can prosecute him). A plea agreement is part of the court file. It is not accessible on-line via PACER, but someone can go to the Clerk's Office to obtain a copy. A non-prosecution agreement would not be made public or filed with the Court, but it would remain part of our case file. It probably would be subject to a FOIA request, but it is not something that we would distribute without compulsory process. On the obstruction charges, many of the facts I included in that first proffer were hypothesized based upon our discussions and the agents' observations of Ms. Groff We will need to interview her to confirm the accuracy of those facts. On a second count, we could rely on the incident where Mr. Epstein's private investigators followeclia father, forcing him off the road. Or, if there is something more recent related to any grand jury subpoenas, we could consider that. Hope that helps. Assistant U.S. Attorney West Palm Beach, FL 33401 *****************••**** ******** * ********* * ************ **•** The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited US_Atty_Cor_0041 EFTA00235367 and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@ldrldand.com, and destroy this communication and all copies thereof including all attachments. ************** ***** *tit ******** ********* * ************ 070918 12.22 pm Plea Agreement 1512 counts.wpd or Yd. I US_Atty_Cor_0042 EFTA00235368 ;11 1:= 1.00v> 09/18/2007 09:14 AM Feta/11OW To "Jay Lefkowitz" cc bcc Subject RE: Draft Agreements? ',iikohte t're Hi Jay —1 know that the U.S. Attorney will not go below 18 months of prisonnail time (and I would strongly oppose the suggestion). tI- Assistant U.S. Attorn West Palm Beac t 33 01 09(18/2007 08:44 AM To-Jay Letkowitz" (MMIIMEM co SubMcDrsft Agreements? Hi Jay - I was hoping there would be things for me to read this morning, but I will try to remain patient. I believe there are only two types of agreements that would apply to this case: (1) a plea agreement to a federal charge or charges; US_Atty_Cor_0043 EFTA00235369 WOW' 09/18/2007 01:23 PM To "Jay Lefkowftz" MEMO= cc bce Subject RE Drag Agreements? Hi Jay — I think that you are referring to USSG 1B1.9, which doesn't apply to Class A misdemeanors. If you have some other basis, please let me know. Could you share the attached draft with your colleagues. It is in keeping with what.. communicated to me was the operative "deal." The U.S. Attorney hasn't had a chance to review all of the language, but agrees with it in principle. The only thing we haven' t been able to discuss is the highlighted language regarding the state sentence. I believe that takes care of your client's concern about having to serve "duplicate" time in the state, and our concern about getting the state guilty plea wrapped up at the beginning rather than years down the road. n will both be available at 2:00. You can reach us at ifil One of my suggestions is going to be (again) that we all sit down together in the same room, including.. and/or so we can hash out the still existing issues and get a signed document Assistant U.S. Attorney West Palm Beach, FL 33401 US_Atty_Cor_0044 EFTA00235370 a SAFLS\)" Sent: 09/18/2007 12:43 PM AST To: Jay Le&owitz Subject: RE: Draft Agreements? Hi Jay - It looks like I will be here all afternoon, but earlier is better than later. There are a number of issues with your version, but one that you can look at before our call is the calculation of the guidelines on the 1512(d) counts. The cross-reference to 2X3.1 applies, which then takes us to 2G1.3. Giving Mr. Epstein the benefit of the doubt (that they would treat this as though there were only one victim), he would have a base offense level of 24, plus 2 for a commercial sex act, totaling 26. Returning to 23O.1, we would subtract 6 levels and subtract another 3 levels for acceptance for a total offense level of 17. With criminal history category of I, that results in 24 to 30 months, which is in Zone D. Assistant U.S. Attorney West Palm Beach, FL 33401 US_Atty_Cor_0045 EFTA00235371 as ! I 09/18/2007 02:53 PM To Jay Lelkowite cc bcc Subject Factual proffer Hi Jay — I didn't want us to get sidetracked during the conference call. I want to make sure that e a fai basis for "harassment." Forcibly flying and somewhere else is a different 1512 offense with a 10 year cap. This is the factual proffer that I drafted up earlier this afternoon, to give you an idea of what it would look like. When I include a factual proffer in a plea agreement, I usually use prefatory language like: The parties agree that, had this case proceeded to trial, the United States would have proven the following facts beyond a reasonable doubt, and that the following facts are true and correct and are sufficient to support a plea of guilty . <<Epstein Plea Proffer.doc>> I- Assistant U.S. Attorney West Palm Beach, FL 33401 SSSAMOSABILEDIWIPAI 0-EgatEslgeEtragnamblvesLby user ' i regmmal Isa6/2 07 •11:55'.>» U S_Atty_Co r_O 046 EFTA00235372 UNITED STATES vs. JEFFREY EPSTEIN PLEA PROFFER On August 21, 2007, FBI Special Agents and a INE. traveled to the home of Lesley Groff to serve her with a federal grand jury subpoena in connection with an investigation pending in the Southern District of Florida. Ms. Groff works as the personal assistant of the defendant. Ms. Groff began speaking with the agents and then excused herself to go upstairs to check on her sleeping child. While upstairs, Ms. Groff telephoned the defendant Jeffrey Epstein, and informed him that the FBI agents were at her home. Mr. Epstein instructed Ms. Groff not to speak with the agents and reprimanded her for allowing them into her home. Mr. Epstein applied pressure to keep Ms. Groff from complying with the grand jury subpoena that the agents had served upon her. In particular, Mr. Epstein warned Ms. Groff against turning over documents and electronic evidence responsive to the subpoena and pressured her to delay her appearance before the federal grand jury in the Southern District of Florida. This conversation occurred when Mr. Epstein was aboard his privately owned civilian aircraft in Miami in the Southern District of Florida. His pilot had filed a flight plan showing that the parties were about to return to Teterboro, New Jersey. After the conversation with Ms. Groff, Mr. Epstein became concerned that the FBI would by to serve his traveling companion, , with a similar grand jury subpoena. In fact, the agents were preparing to serve Ms. with a target letter when the flight landed in Teterboro. Mr. Epstein then re-directed his airplane, making the pilot file a new flight plan to travel to the U.S. Virgin Islands instead of the New York City area, thereby keeping the Special Agents from serving the target letter on--. US_Atty_Cor_0047 EFTA00235373 During the course of that flight, the defendant verbally harassed Ms. a, harassing and pressuring her not to cooperate with the grand jury's investigation, thereby hindering and dissuading her from reporting the commission of a violation of federal law to a law enforcement officer, namely, Special Agents of the FBI. US_Atty_Cor_0048 EFTA00235374 (3, UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. UNITED STATES OF AMERICA vs. JEFFREY EPSTEIN, Defendant. PLEA AGREEMENT • The United States Attorney for the Southern District of Florida ("the United States"), and Jeffrey Epstein (hereinafter referred to as the "defendant") enter into the following agreement: I. The defendant agrees to plead guilty to a two-count Information which charges the defendant as follows. Count I charges that the defendant intentionally harassed another person, that is, ■., in an attempt to delay, prevent, and dissuade ■. from attending or testifying in an official proceeding, that is a Federal Grand Jury appearance in the Southern District of Florida, in violation of Title 18, United States Code, Sections 1512(d)(2) and 2; and Count 2 charges that the defendant intentionally harassed another person, that is, ., in an attempt to delay, prevent, and dissuade.. from reporting to a law enforcement officer of the United States the commission of a federal offense; in violation of Title 18, United States Code, Sections 1512(dX2) and 2. 2. The defendant agrees and understands that the above charges involve his conduct, and the conduct of others, between in and around early 2001 through in and US_Atty_Cor_0049 EFTA00235375 a around September 2007 involving a conspiracy to solicit minors to engage in prostitution and to travel in interstate commerce to engage in illicit sexual conduct. _This agreement resolves the federal criminal liability of the defendant and any co-conspirators in the Southern District of Florida growing out of any criminal conduct by those persons known to the United States Attorney's Office for the Southern District of Florida as of the date of this plea agreement, including but not limited to the above-described scheme. 3. The United States agrees that, upon entry of the defendant's guilty plea, its Grand Jury investigation will be suspended, and all pending Grand Jury subpoenas will be held in abeyance unless and until the defendant violates any term of this agreement, as explained in paragraph 19, infra. The defendant likewise agrees to withdraw his pending motion to intervene and to quash certain grand jury subpoenas. The defendant further agrees that the current custodian of certain computer equipment shall maintain that evidence inviolate until all of the terms of this agreement have been satisfied. 4. The defendant is aware that the sentence will be imposed by the Court after considering the Federal Sentencing Guidelines and Policy Statements (hereinafter "Sentencing Guidelines"). The defendant acknowledges and understands that the Court will compute an advisory sentence under the Sentencing Guidelines and that the applicable guidelines will be determined by the Court relying in part on the results of a Pre-Sentence Investigation by the Court's probation office, which investigation will commence after the guilty plea has been entered. The defendant is also aware that, under certain circumstances, the Court may depart from the advisory sentencing guideline range that it has computed, and may raise or lower that advisory sentence under the Sentencing Guidelines. The defendant is further aware and understands that the Court is required to consider the advisory guideline range determined under the Sentencing Guidelines, but is not bound to impose that sentence; the Court is permitted to tailor the ultimate sentence in light of other statutory concerns, and such sentence may be either more severe or less 2 US_Atty_Cor_0050 EFTA00235376 o r severe than the Sentencing Guidelines' advisory sentence. Knowing these facts, the defendant understands and acknowledges that the Court has the authority to impose any sentence within and up to the statutory maximum authorized by law for the offenses identified in paragraph 1 and that the defendant may not withdraw the plea solely as a result of the sentence imposed. 5. The defendant further understands and acknowledges that, as to each of Counts 1 and 2 of the Information, the Court may impose a statutory maximum term of imprisonment of up to one (1) year, to be followed by a term of supervised release of up to a maximum of one (1) year. In addition to terms of imprisonment and supervised release, the Court may impose a fine of up to $100,000 as to each count. 6. The defendant further understands and acknowledges that, in addition to any sentence imposed under paragraph 3 of this Agreement, a special assessment in the amount of $50 will be imposed on the defendant, which must be paid at or before the time of sentencing. 7. The defendant understands that the Court will order that he must pay full restitution to all victims of the offense to which he is pleading guilty. The defendant understands that the amount of restitution owed to each victim will be determined at or before sentencing. 8. The parties agree to jointly recommend that the defendant receive a sentence of eighteen (18) months' imprisonment, to be followed by two (2) years of supervised release; and a fine of $200,000. The parties' further agree to jointly recommend that the Court impose one year of home confinement as a special condition of supervised release. 9. The defendant agrees that, if any of the victims identified in the federal investigation file suit pursuant to 18 U.S.C. § 2255, the defendant will not contest the jurisdiction of the U.S. District Court for the Southern District of Florida over his person 3 US_Atty_Cor_0051 EFTA00235377 and/or the subject matter, and the defendant will not contest that the identified victims are persons who, while minors, were victims of violations of Title 18, United States Code, Sections(s) 2422 and/or 2423. The United States agrees to provide the defendant's attorneys with a list of the identified victims, which will not exceed forty, after the defendant has signed this agreement and has been sentenced. The United States further agrees to make a motion with the United States District Court for the Southern District of Florida for the appointment of a guardian ad litem for the identified victims and the defendant's counsel may contact the identified victims through that guardian. 10. The defendant further understands and acknowledges that he must undertake certain actions with the State Attorney's Office for the 15th Judicial Circuit in and for Palm Beach County (hereinafter, "State Attorney's Office") in order to satisfy the United States' federal interest in the investigation and prosecution of his offenses, in 0 -- / accordance with the Justice Department's Petite policy. Epstein understands and acknowledges that the United States Attorney has no authority to require the State Attorney's Office to abide by any terms of this Agreement. Epstein understands that it is his obligation to undertake discussion with the State Attorney's Office to ensure compliance with these procedures. 11. In addition to entering a guilty plea in the instant case, the defendant agrees to plead guilty to an Information filed by the Palm Beach County State Attorney's Office charging an offense for which the defendant must register as a sex offender, that is, solicitation of minors to engage in prostitution, in violation of Fl. Stat. 796.03. The defendant must enter this guilty plea before he is sentenced on the federal offenses. 12. The defendant agrees that he and the Palm Beach County State Attorney's Office will make a joint, binding recommendation that the Court impose a sentence of at least eighteen (18) months' imprisonment to be followed by at least twelve (12) months of community control/home confinement to be served upon the defendant's release from 4 US_Atty_Cor_0052 EFTA00235378 federal prison. Those sentences may run concurrently with the federal sentence imposed pursuant to this agreement. [NB: The other option is: The defendant and the Palm Beach County State Attorney's Office shall make a joint, binding recommendation that the Court impose a sentence of at least sixty (60) months' probation, which will include at least twelve (12) months of community control/home confinement to be served upon the defendant's release from federal prison.] 13. The defendant agrees to waive all challenges to the Information filed by the State Attorney's Office and to waive the right to appeal his conviction and sentence in the state court. 14. The defendant agrees to provide to the U.S. Attorney's Office copies of all proposed agreements with the Palm Beach County State Attorney's Office prior to entering into those agreements. 15. The defendant agrees that the timely completion of these actions is material to this agreement and is supported by independent consideration and that a breach of any one of these conditions allows the United States to elect to terminate the agreement and to investigate and prosecute Epstein for any and all federal offenses. 16. The United States reserves the right to inform the Court and the probation office of all facts pertinent to the sentencing process, including all relevant information concerning the offenses committed, whether charged or not, as well as concerning the defendant and the defendant's background, and to respond to any questions from the Court and the Probation Office and to any misstatements of fact or law. Subject only to the express terms of any agreed-upon sentencing recommendations contained in this Agreement, this Office further reserves the right to make any recommendation as to the quality and quantity of punishment. 17. The defendant is aware that the sentence has not yet been determined by the Court. The defendant also is aware that any estimate of the probable sentencing range or 5 US_Atty_Cor_0053 EFTA00235379 sentence that the defendant may receive, whether that estimate comes from the defendant's attorney, the government, or the probation office, is a prediction, not a promise, and is not binding on the government, the probation office or the Court. The defendant understands further that any recommendation that the government makes to the Court as to sentencing, whether pursuant to this agreement or otherwise, is not binding on the Court and the Court may disregard the recommendation in its entirety. The defendant understands and acknowledges, as previously acknowledged in paragraph 4 above, that the defendant may not withdraw his plea based upon the Court's decision not to ar_rept a sentencing recommendation made by the defendant, the government, or a recommendation made jointly by both the defendant and the government. 18. WAIVER OF RIGHT TO APPEAL AND COLLATERALLY ATTACK THE SENTENCE. The defendant is aware that Title 18, United States Code, Section 3742 affords the defendant the right to appeal the sentence imposed in this case. Acknowledging this, in exchange for the undertakings made by the United States in this plea agreement, the defendant hereby waives all rights conferred by Section 3742 to appeal any sentence imposed, including any restitution order, or to appeal the manner in which the sentence was imposed, unless the sentence exceeds the maximum permitted by statute. The defendant further voluntarily and expressly waives, to the maximum extent permitted by federal law, the right to collaterally attack his sentence in any post-conviction proceeding, including a motion on any ground brought under 28 U.S.C. § 2254, 28 U.S.C. § 2255, 18 U.S.C. § 3572, or 18 U.S.C. § 3771. The defendant further understands that nothing in this agreement shall affect the government's right and/or duty to appeal as set forth in Tide 18, United States Code, Section 3742(b). However, if the United States appeals the defendant's sentence pursuant to Section 3742(b), the defendant shall be released from the above waiver of appellate rights. By signing this agreement, the defendant acknowledges that he has discussed the appeal waiver set forth in this 6 US_Atty_Cor_0054 EFTA00235380 agreement with his attorney. 19. If the defendant fails in any way to fulfill each one of his obligations under this Plea Agreement, the United States, and only the United States, may elect to be released from its commitments under this Plea Agreement. If the United States elects to void the Plea Agreement because of a breach by the defendant, then the United States agrees not to use the defendant's guilty plea against him. However, the United States may prosecute the defendant for any and all Federal crimes that he has committed related to this case and may seek any sentence for such crimes up to and including the statutory maximums. The defendant expressly waives any statute of limitations defense and any constitutional or statutory speedy trial defense to such a prosecution, except to the extent that such a defense exists as of the date he signs this Plea Agreement. Finally, the defendant understands that his violation of the terms of this Plea Agreement wou►d not entitle him to withdraw his guilty plea. 20. This is the entire agreement and understanding between the United States and the defendant. There are no other agreements, promises, representations, or understandings. Date: By: R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Date: By: JEFFREY EPSTEIN, DEFENDANT Date: By: 7 US_Atty_Cor_0055 EFTA00235381 3 M=US60 1.90n 0911912007 10:39 AM To 'Jay Lefkcwitz' cc boc Subject RE: Draft Agreements? Hi Jay — Can you send me an update on where we arc? I assume that everyone will be off on Friday, 30 we need to have a final agreement by tomorrow so I can set up an arraignment on Monday. twill need to get the Information approved, file it with the Court, get a judge assigned, and get us on the calendar for an initial appearance and arraignment. Thank you. My a/c isn't workin so I am sitting in a different office. You can get me at or on my cell at . Also, if you want me to look at BOP regs regarding the camp issue, please let me know. Arlistant U.S. Attorney US_Atty_Cor_0056 EFTA00235382 11:1= 1.0on 09/19/2007 11:21 AM To "Jay Lefkowite cc bce Subject RE: Draft Agreements? - I don't know the factual basis for the alleged harassment of Iii because we have no independent evidence of that. So, the agents need to talk to them and then I can draft up a proposed factual proffer. I have sent an e-mail to and to determine their availability. Thanks. Assistant U.S. Attorney US_Atty_Cor_0057 EFTA00235383 bow 09/19/200711:48 AM To "Jay Lefkowite cc bee Subject RE: Draft Agreements? Alright, that is pretty much what I had written yesterday. Here is my suggestion: On 7, FBI Special Agents and traveled to the home of Lesley Groff to serve her with a federal grand jury subpoena in connection with an investigation pending in the Southern District of Florida. Ms. Groff works as the personal assistant of the defendant. Ms. Groff began speaking with the agents and then excused herself to go upstairs to check on her sleeping child. While upstairs, Ms. Groff telephoned the defendant, Jeffrey Epstein, and informed him that the FBI agents were at her home. This conversation occurred when Mr. Epstein was aboard his privately owned civilian aircraft in Miami in the Southern District of Florida. His pilot had filed a flight plan towing that the parties were about to return to Teterboro, New Jersey. After the conversation with Ms. Groff, Mr. Epstein became concerned would try to serve his traveling companions, gram, and with similar d ' subpoenas. the agents were preparing to serve Ms. and Ms. with target letters when the flight landed in Tete ro. Mr. Epstein then re-directed his airplane, making the pilot file a new flight plan to travel to the U.S. Virgin Islands instead of the New York City area, thereby kee in the Specialieits from serving the target letters on Ms. and Ms. . During t} a cowseoof that flight efendant verbally harassed both Ms. and Ms. harassing and pressuring them not to cooperate with the grand jury's investigation, thereby hindering and dissuading them from reporting the commission of a violation of federal law to law enforcement officers, namely, Special Agents of the FBI. MO Attorney US_Atty_Cor_0058 EFTA00235384 Messa From: .1(USAFLS1)" doj.govj Sent: 09/19/2007 11:18 AM AST To: Jay Lefkowitz Subject: RE: Draft Agreements? I - I chlaloaow the factual basis for the alleged harassment of IM and= because we have no independent evidence of that. So, the agents need to talk to them a n I ciliate up a proposed factual proffer. I have sent an e-mail to= and ME to determine their availability. Thanks. 1011. Attorney US_Atty_Cor_0059 EFTA00235385 ***** *St ****•************ ***************** ******* The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@leuldand.com, and destroy this communication and all copies thereof, including all attachments. ******************************•*********************** **•** US_Atty_Cor_0060 EFTA00235386 Ste. IIMISMIl@usdo 1.9ov> 09119/2007 01:29 PM To "Jay Letkowitz" cc boa Subject Meeting on Monday Hi Jay — We can start as early as you like on Monday. will join us at 10:00. We can meet here in our offices so I can make any necessary changes and get us over to the courthouse. EMS Assistant U.S. Attorney US_Atty_Cor_0061 EFTA00235387 r @usdoLgo 09720O007 03:52 PM *.. To "Jay Letkowile < cc < usdo. Karen N(USAFL.Slr bcc Subject Final version of Plea Agreement — EPSTEIN Hi Jay - I have attached the plea agreement as approved by the U.S. Attorney and the proposed information. If your client is going to accept the agreement, please let me know by noon tomorrow, so that I can file the Information, get a judicial assignment, and arrange an arraignment and change of plea for Monday. We also will need to set a time for the agents to interview Ms. =and Ms. =1.to finalize a factual proffer. Following the plea, Mr. Epstein will have at least 70 days before sentencing plus the time to self-surrender in order to get his affairs in order, including entering his guilty pleas to the state charges. mentioned that your client is considering returning to our original offer of just a state plea. If that is the case, the non-prosecution agreement that was provided to you last week will control. Again, we will need to receive a signed version by tomorrow if that is Mr. Epstein's decision. You can reach me on my cell phone at Thank you. <<070920 3.45 pm Plea Agreement 1512 camts.wpd>> <<070919 Information charging I 512.wpd>> Assistant U.S. Attorney West Palm Beach, FL 33401 «< Attachment '070020 3.45 tam Plea Agreement 1512 countsmadt US_Atty_Cor_0062 EFTA00235388 has been archived by user 'Commonatoreallkirkland-Ellis' on '11/2612007 01:16:02'. >>> «< Attachment'070flUigsrma0on charging 1512.wod' has been archived by user 'CommonStoratirfigridand-Eills' on '11/26/2002. 41:16:03',>» US_Atty_Cor_0063 EFTA00235389 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. UNITED STATES OF AMERICA vs. JEFFREY EPSTEIN, Defendant. I PLEA AGREEMENT The United States Attorney for the Southern District of Florida ("the United States"), and Jeffrey Epstein (hereinafter referred to as the "defendant") enter into the following agreement: 1. The defendant agrees to plead guilty to a two-count Information which charges that the defendant intentionally harassed two other persons, that is, and In, in an attempt to delay, prevent, and dissuade those persons from reporting to a law enforcement officer of the United States the commission of a federal offense; in violation of Title 18, United States Code, Sections 1512(dX2) and 2. 2. The defendant agrees and understands that the above charges involve his conduct, and the criminal conduct of others, between in and around early 2001 through in and around September 2007. This agreement resolves the federal criminal liability of the defendant and any co-conspirators in the Southern District of Florida growing out of any criminal conduct by those persons known to the United States Attorney's Office for the Southern District of Florida as of the date of this plea agreement. 1 US_Atty_Cor_0064 EFTA00235390 3. The United States agrees that, upon entry of the defendant's guilty plea, its Grand Jury investigation will be suspended, and all pending litigation between the parties will be held in abeyance unless and until the defendant violates any term of this agreement, as explained in paragraph 18, infra. Both parties agree to maintain their evidence inviolate until all of the terms of this agreement have been satisfied. 4. The defendant is aware that the sentence will be imposed by the Court after considering the Federal Sentencing Guidelines and Policy Statements (hereinafter "Sentencing Guidelines"). The defendant acknowledges and understands that the Court will compute an advisory sentence under the Sentencing Guidelines and that the applicable guidelines will be determined by the Court relying in part on the results of a Pre-Sentence Investigation by the Court's probation office, which investigation will commence after the guilty plea has been entered. The defendant is also aware that, under certain circumstances, the Court may depart from the advisory sentencing guideline range that it has computed, and may raise or lower that advisory sentence under the Sentencing Guidelines. The defendant is further aware and understands that the Court is required to consider the advisory guideline range determined under the Sentencing Guidelines, but is not bound to impose that sentence; the Court is permitted to tailor the ultimate sentence in light of other statutory concerns, and such sentence may be either more severe or less severe than the Sentencing Guidelines' advisory sentence. Knowing these facts, the defendant understands and acknowledges that the Court has the authority to impose any sentence within and up to the statutory maximum authorized by law for the offenses identified in paragraph 1 and that the defendant may not withdraw the plea solely as a result of the sentence imposed. 5. The defendant further understands and acknowledges that, as to each of Counts 1 and 2 of the Information, the Court may impose a statutory maximum term of imprisonment of up to one (1) year, to be followed by a term of supervised release of up 2 US_Atty_Cor_0065 EFTA00235391 to a maximum of one (1) year. In addition to terms of imprisonment and supervised release, the Court may impose a fine of up to $100,000 as to each count. 6. The defendant further understands and acknowledges that, in addition to any sentence imposed under paragraph 4 of this Agreement, a special assessment in the amount of $50 will be imposed on the defendant, which must be paid at or before the time of sentencing. 7. The defendant understands that the Court will order that he must pay full restitution to all victims of the offenseS to which he is pleading guilty. The defendant understands that the amount of restitution owed to each victim will be determined at or before sentencing. 8. The parties agree to jointly recommend that the defendant receive a sentence of eighteen (18) months' imprisonment, to be followed by one (1) year of supervised release, and a fine of $200,000. The parties' further agree to jointly recommend that the Court impose one year of home confinement as a special condition of supervised release. 9. The defendant agrees that, if any of the victims identified in the federal investigation file suit pursuant to 18 U.S.C. § 2255, the defendant will not contest the jurisdiction of the U.S. District Court for the Southern District of Florida over his person and/or the subject matter, and the defendant will not contest that the identified victims are persons who, while minors, were victims of violations of Title 18, United States Code, Sections(s) 2422 and/or 2423. The United States agrees to provide the defendant's attorneys with a list of the identified victims, which will not exceed forty, after the defendant has signed this agreement and has been sentenced. The United States further agrees to make a motion with the United States District Court for the Southern District of Florida for the appointment of a guardian ad litem for the identified victims and the defendant's counsel may contact the identified victims through that guardian. 3 US_Atty_Cor_0066 EFTA00235392 I0. The United States has reached this agreement with the defendant in response to the defendant's request to globally resolve his state and federal criminal liability. To do so, the defendant further understands and acknowledges that he must undertake certain actions with the State Attorney's Office for the 15th Judicial Circuit in and for Palm Beach County (hereinafter, "State Attorney's Office"). 11. In addition to entering a guilty plea in the instant case, the defendant agrees that, prior to his sentencing on the federal charges, he will plead guilty to an Information filed by the State Attorney's Office charging an offense for which the defendant must register as a sex offender, that is, solicitation of minors to engage in prostitution, in violation of Fl. Stat. 796.03. The defendant agrees that he will waive all challenges to the Information filed by the State Attorney's Office and waive the right to appeal his conviction and sentence in the state court. 12. The defendant agrees that he will make a binding recommendation that the 15th Judicial Circuit Court impose a sentence of at least eighteen (18) months' imprisonment to be followed by at least twelve (12) months of community controVhome confinement to be served upon the defendant's release from federal prison. The defendant further represents that he has had discussions with the State Attorney's Office, which has agreed to likewise make this recommendation. The sentences imposed by the 15th Judicial Circuit Court may tun concurrently with the federal sentence imposed pursuant to this agreement. 13. The defendant agrees to provide to the U.S. Attorney's Office copies of all proposed agreements with the State Attorney's Office prior to entering into those agreements. 14. The defendant agrees that the timely completion of these actions is material to this agreement and is supported by independent consideration and that a breach of any one of these conditions allows the United States to elect to terminate the agreement and to 4 US_Atty_Cor_0067 EFTA00235393 investigate and prosecute the defendant for any and all federal offenses. 15. The United States reserves the right to inform the Court and the probation office of all facts pertinent to the sentencing process, including all relevant information concerning the offenses committed, whether charged or not, as well as concerning the defendant and the defendant's background, and to respond to any questions from the Court and the Probation Office and to any misstatements of fact or law. Subject only to the express terms of any agreed-upon sentencing recommendations contained in this Agreement, this Office further reserves the right to make any recommendation as to the quality and quantity of punishment. 16. The defendant is aware that the sentence has not yet been determined by the Court. The defendant also is aware that any estimate of the probable sentencing range or sentence that the defendant may receive, whether that estimate comes from the defendant's attorney, the government, or the probation office, is a prediction, not a promise, and is not binding on the government, the probation office or the Court. The defendant understands further that any recommendation that the government makes to the Court as to sentencing, whether pursuant to this agreement or otherwise, is not binding on the Court and the Court may disregard the recommendation in its entirety. The defendant understands and acknowledges, as previously acknowledged in paragraph 4 above, that the defendant may not withdraw his plea based upon the Court's decision not to accept a sentencing recommendation made by the defendant, the government, or a recommendation made jointly by both the defendant and the government. 17. WAIVER OF RIGHT TO APPEAL AND COLLATERALLY ATTACK THE SENTENCE. The defendant is aware that Title 18, United States Code, Section 3742 affords the defendant the right to appeal the sentence imposed in this case. Acknowledging this, in exchange for the undertakings made by the United States in this 5 US_Atty_Cor_0068 EFTA00235394 plea agreement, the defendant hereby waives all rights conferred by Section 3742 to appeal any sentence imposed, including any restitution order, or to appeal the manner in which the sentence was imposed, unless the sentence exceeds the maximum permitted by statute. The defendant further voluntarily and expressly waives, to the maximum extent permitted by federal law, the right to collaterally attack his sentence in any post-conviction proceeding, including a motion on any ground brought under 28 U.S.C. § 2254, 28 U.S.C. § 2255, 18 U.S.C. § 3572, or 18 U.S.C. § 3771. The defendant further understands that nothing in this agreement shall affect the government's right and/or duty to appeal as set forth in Title 18, United States Code, Section 3742(b). However, if the United States appeals the defendant's sentence pursuant to Section 3742(b), the defendant shall be released from the above waiver of appellate rights. By signing this agreement, the defendant acknowledges that he has discussed the appeal waiver set forth in this agreement with his attorney. 18. If the defendant fails in any way to fulfill each one of his obligations under this Plea Agreement, the United States, and only the United States, may elect to be released from its commitments under this Plea Agreement. If the United States elects to void the Plea Agreement because of a breach by the defendant, then the United States agrees not to use the defendant's guilty plea against him. However, the United States may prosecute the defendant for any and all Federal crimes that he has committed related to this case and may seek any sentence for such crimes up to and including the statutory maximums. The defendant expressly waives any statute of limitations defense and any constitutional or statutory speedy trial defense to such a prosecution, except to the extent that such a defense exists as of the date he signs this Plea Agreement. Finally, the defendant understands that his violation of the terms of this Plea Agreement would not entitle him to withdraw his guilty plea. 19. This is the entire agreement and understanding between the United States ti US_Atty_Cor_0069 EFTA00235395 and the defendant. There are no other agreements, promises, representations, or understandings. Date: By: Date: By: Date: By: Date: By: R. ALEXANDER ACOSTA UNITED STATES ATTORNEY ASSISTANT UNITED STATES ATTORNEY JEFFREY EPSTEIN, DEFENDANT ROY BLACK, ESQ. ATTORNEY FOR DEFENDANT GERALD LEFCOURT, ESQ. COUNSEL TO DEFENDANT 7 US_Atty_Cor_0070 EFTA00235396 09/20/2007 03:58 PM To 'Jay Leflcowite co bco Subject Epstein plea agreement Jay — there was one spacing problem with the last version. Here is the final. We have added Roy Black's name to a signature line so that a Florida attorney signs it and we don't have to worry about Pro Hac Vice motions. if you would prefer Jack Goldberger's name, please let me know. <<070920 3.45 pm Plea Agreement 1512 counts:wpd» Assistant U.S. Attorney West Palm Beach, FL 33401 «< Attachment '070112Q1,454/flleakmantent 1512soamsaipv halbeariarsh ityneamtntInfilore/IT/Kirkland-Ellis' on '11/26/2007 01:16:07, >» US_Atty_Cor_0071 EFTA00235397 1.9ov' 09/20/2007 05:35 PM To "Jay Lefkowite cc bcc Subject RE: Final version of Plea Agreement — El Try me on my cell. I will keep it with me. . Thanks. sis L 33401 nagusdol.gov> 05/20/2007 03.82 PM To cc \(USAFLST \(USAFLSV \(USAFLST Subjecflnal version of Ptea Agreement — EPSTEIN US_Atty_Cor_0072 EFTA00235398 Hi Jay — I have attached the plea agreement as approved by the U.S. Attorney and the proposed information. If your client is going to accept the agreement, please let me know by noon tomorrow, so that I can file the Information, get a judicial assignment, and arrange an arraignment and change of plea for Mondaya also will need to set a time for the agents to interview Ms. EM and Ms. to finalize a factual proffer. Following the plea, Mr. Epstein will have at least 70 days before sentencing plus the time to self-surrender in order to get his affairs in order, including entering his guilty pleas to the state charges. mentioned that your client is considering returning to our original offer of just a state plea. If that is the case, the non-prosecution agreement that was provided to you last week will control. Again, we will need to receive a signed version by tomorrow if that is Mr. Epstein's decision. 0 J You can reach me on my cell phone at «070920 3.46 pm Plea Agreement 1512 counts.wpd» «070919 Information charging 1512.wpd>> Assistant U.S. Attorney West Palm Beach, FL 33401 Thank you. US_Atty_Cor_0073 EFTA00235399 MISNSW Wow' 09/20/2007 06:43 PM To 'Jay LefkowIte cc bcc Subject RE: Ptee Agreement — EPSTEIN Jay -- The 18 and 12 has already been agreed to by our office, so that is not a problem. On the issue about IS USC 2255, we seem to be miles apart. Your most recent version not only had me binding the girls to a trust fund administered by the state court, but also promising that they will give up their 2255 rights. I reviewed the e-mail that I sent you on Sunday with the comments on some of your other changes. In the context of a non-prosecution agreement, the office may be more willing to be specific about not pursuing charges against others. However, as I stated on Sunday, the Office cannot and will not bind Immigration. Also, your timetable will need to move up significantly. Ass said in our meeting last week, his office can put together a plea agreement, information, and get you all before the judge on a change of plea within a day. I am headed out now, but you can get me on my cell or call me tomorrow in the office. Thank you. NM IMO 33401 Sir US_Atty_Cor_0074 EFTA00235400 11111111111 ***** The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmasterOkirkland.com, and destroy this communication and all copies thereof, including all attachments. US_Atty_Cor_0075 EFTA00235401 eh To ‘Jay Letowitz” iia cc j.gov= bec Ogv21/2007 11:00 AM Subject RE: Plea Agreement - EPSTEIN Jay ~ I read it through. Can you send me a non-redlined version? It will be easier to read. | have a few questions and concerns, but not nearly as many as with your earlier draft. I need to follow up on a couple of things before I go over this with you, and, of course, paragraph 1 of the agreement terms needs to be confirmed. Thanks. os West Palm Beach, FL 33401 ce | Pee To"Jay Lefkowitz” ea. te Op20/2007 0643 PM SubjecRE: Pioa Agreement - EPSTEIN t : Jay -- The 18 and 12 has already been agreed to by our office, so US_ Atty Cor 0076 EFTA00235402 that is not a problem. On the issue about 18 USC 2255, we seem to be miles apart. Your most recent version not only had me binding the girls to a trust fund administered by the state court, but also promising that they will give up their 2255 rights. I reviewed the e-mail that I sent you on Sunday with the comments on some of your other changes. In the context of a non-prosecution agreement, the office may be more willing to be specific about not pursuing charges against others. However, as I stated on Sunday, the Office cannot and will not bind Immigration. Also, your timetable will need to move up significantly. As said in our meeting last week, his office can put together a pia agreement, information, and get you all before the judge on a change of plea within a day. I am headed out now, but you can get me on my cell or call me tomorrow in the office. Thank you. Assistant U.S. At am i len West Palm Beach FL 33401 Mir AMC 1.11111111M Thanks — Jay US_Atty_Cor_0077 EFTA00235403 ** ******************* *** ******* ***************** ****** The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmasterekirkland.com, and destroy this communication and all copies thereof, including all attachments. **** ****** ********** ***** *********** ****************** The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments. ****************************************************** US_Atty_Cor_0078 EFTA00235404 09/21/2007 11:49 AM To cc Doc Subject Re: Cal today I am happy to talk. My caveat is that in the middle of negotiations, u try to avoidundermining my staff by allowing "interlocutorty" appeals so to speak so I'd want on the call I'll have her set something up. Alex Sent from my SlackBerry Wireless Handheld inal Me ---- US_Atty_Cor_0079 EFTA00235405 11.11111111111IIMMIIIP The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland 6 Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com. and destroy this communication and all copies thereof, including all attachments. US_Atty_Cor_0080 EFTA00235406 Ousdoj.govs- 09/21/2007 02:12 PM To %ley Legtowite Malian cc bcc Subject Revised Non-Prosecution Agreement ‘%. 1 Sink I tilit Hi Jay — Here is my attempt at combining our thoughts. I need to talk to the office about the immigration language before I put it in here. I know that we have not and don't plan to ask immigration to do that, but let me see if they are okay with including it in writing. I spent about an hour with a former corporate counsel from a hospital who now works here to go over the 2255 language. I think that the attached addresses the concern about having an unlimited number of claimed victims, without me trying to bind girls whom I do not represent. This language hasn't been approved by the office yet, so consider it a draft. These are all the same document, just in different formats. <<070921 Epstein Non-Prosecution Agreementwpd>> <<070921 Epstein Non-Prosecution Agreementdoc>> <-4070921 Epstein Non-Proseadlon Agreementpd*> Thanks. If you have any immediate thoughts before you leave, please let me know. MIMI ME Assistant U.S. Attorney West Palm Beach, FL 33401 «< Attachment '070921 Epstein Non-Prosecution Aareement.wpd' has been archived by user 'CommonStorefIT/Kirkland-Ellis' on '11/26/2007 01:17:28'. >>> «< Attachment '070921_EPetein Non-Prosecution Aoreementdod has teen archived by useriornimatritORKI E1102902112(M2. 01:17:28'. >>> US_Atty_Cor_0081 EFTA00235407 011 >>> <<< Attachment '070921 Epstein Non-Prosecution Aoreementocif hes been archived by user 'CommonStore/IT/Knkland-Ellis' on '11/2(W2007 01:17:29% >» US_Atty_Cor_0082 EFTA00235408 IN RE: INVESTIGATION OF JEFFREY EPSTEIN / NON-PROSECUTION AGREEMENT IT APPEARING that the City of Palm Beach Police Department and the State Attorney's Office for the 15th Judicial Circuit in and for Palm Beach County (hereinafter, the "State Attorney's Office") have conducted an investigation into the conduct of Jeffrey Epstein (hereinafter "Epstein"); IT APPEARING that the State Attorney's Office has charged Epstein with three counts of solicitation of prostitution, in violation of Florida Statutes Section 796.07; IT APPEARING that the United States Attorney's Office and the Federal Bureau of Investigation have conducted their own investigation of the offenses and Epstein's background; IT APPEARING that Jeffrey Epstein (hereinafter "Epstein") has committed offenses against the United States from in or around 2001 through in or around October 2005, including: (1) knowingly and willfully conspiring with others known and unknown to commit an offense against the United States, that is, to use a facility or means of interstate or foreign commerce to knowingly persuade, induce, or entice minor females to engage in prostitution, in violation of Tide 18, United States Code, Section 2422(b); all in violation of Title 18, United States Code, Section 371; (2) knowingly and willfully conspiring with others known and unknown to travel in interstate commerce for the purpose of engaging in illicit sexual conduct, as defined in 18 U.S.C. § 2423(f), with minor females, in violation of Title 18, United States Code, Section 2423(b); all in violation of Title 18, United States Code, Section 2423(e); (3) using a facility or means of interstate or foreign commerce to knowingly persuade, induce, or entice minor females to engage in prostitution; in violation of Title 18, United States Code, Sections 2422(b) and 2; (4) traveling in interstate commerce for the purpose of engaging in illicit sexual conduct, as defined in 18 U.S.C. § 2423(f), with minor females; in violation of Title 18, United States Code, Section 2423(b); and (5) knowingly, in and affecting interstate and foreign commerce, recruiting, enticing, Page 1 of 5 US_Atty_Cor_0083 EFTA00235409 and obtaining by any means a person, knowing that the person had not attained the age of 18 years and would be caused to engage in a commercial sex act as defined in 18 U.S.C. § 1591(cXl); in violation of Title 18, United States Code, Sections 1591(a)(1) and 2; and IT APPEARING that Epstein has accepted responsibility for his behavior by his signature on this Agreement; and IT APPEARING, after an investigation of the offenses and Epstein's background, that the interest of the United States pursuant to the Petite policy will be served by the following procedure; THEREFORE, on the authority of R. Alexander Acosta, United States Attorney for the Southern District of Florida, prosecution in this District for these offenses shall be deferred in favor of prosecution by the State of Florida, provided that Epstein abides by the following conditions and the requirements of this Agreement set forth below. If the United States Attorney should determine that Epstein has violated any of the conditions of this Agreement, then the United States Attorney may at any time initiate prosecution against Epstein for any offense. In this case, the United States Attorney will furnish Epstein with notice specifying the condition(s) of the Agreement that he has violated. After timely fulfilling all the terms and conditions of the Agreement, no prosecution for the offenses set out on pages 1 and 2 of this Agreement, nor any other offenses that have been the subject of the joint investigation by the Federal Bureau of Investigation and the United States Attorney's Office will be instituted in this District, and the charges against Epstein if any, will be dismissed. Terms of the Agreement: 1. Epstein shall plead guilty (not nolo contendere) to an Information filed by the State Attorney's Office charging Epstein with an offense that requires him to register as a sex offender, that is, the solicitation of minors to engage in prostitution, in violation of Florida Statutes Section 796.03; 2. Epstein and the State Attorney's Office shall make a joint, binding recommendation that the Court impose a thirty (30) month sentence to be divided as follows: (a) Epstein shall begin by serving at least eighteen (18) months in county jail for all charges, without any opportunity for withholding adjudication or sentencing, and without probation or community control in lieu of imprisonment; and Page 2 of 5 US_Atty_Cor_0084 EFTA00235410 (b) following the term of imprisonment, Epstein shall serve twelve (12) months of community control. 3. Epstein shall waive all challenges to the Information filed by the State Attorney's Office and shall waive the right to appeal his conviction and sentence. 4. Epstein shall provide to the U.S. Attorney's Office copies of all proposed agreements with the State Attorney's Office prior to entering into those agreements. 5. The United States shall provide Epstein's attorneys with a list of individuals whom it has identified as victims, as defined in 18 U.S.C. § 2255, after Epstein has signed this agreement and been sentenced. Upon the execution of this agreement, the United States will file a motion with the United States District Court for the Southern District of Florida for the appointment of a guardian ad litem for these persons. Epstein's counsel may contact the identified individuals through that guardian. 6. If any of the individuals referred to in paragraph (5), supra, elect to file suit pursuant to 18 U.S.C. § 2255, Epstein will not contest the jurisdiction of the United States District Court for the Southern District of Florida over his person and/or the subject matter, and Epstein waives his right to contest liability and also waives his right to contest damages up to an amount as agreed to between the identified victim and Epstein. Epstein's signature on this agreement is not to be construed as an admission of civil or criminal liability as to any person whose name does not appear on the list provided by the United States. As to those individuals whose names appear on the list provided by the United States, Epstein's signature on this agreement likewise is not to be construed as an admission of any civil liability other than that contained in 18 U.S.C. § 2255. 7. Epstein shall enter his guilty plea and be sentenced not later than October 19, 2007, and shall self-report to begin serving his sentence not later than December 1, 2007. 8. With credit for gain time, Epstein shall serve at least 450 days in the county jail. Epstein understands that the United States Attorney has no authority to require the State Attorney's Office to abide by any terms of this agreement. Epstein understands that it is his obligation to undertake discussion with the State Attorney's Office to ensure compliance with these procedures, which compliance will be necessary to satisfy the United States' interest, pursuant to the Petite policy. Page 3 of 5 US_Atty_Cor_0085 EFTA00235411 In consideration of Epstein's agreement to plead guilty and to provide compensation to victims, if Epstein successfully fulfills all of the terms and conditions of this agreement, the United States also agrees that it will not institute an criminal charges again any potential co- co • for of Epstein, including MI, Lesley Groff, or Further, upon execution of this agreement and a plea agreement with the State Attorney's Office, the federal Grand Jury investigation will be suspended, and all pending federal Grand Jury subpoenas will be held in abeyance unless and until the defendant violates any term of this agreement. The defendant likewise agrees to withdraw his pending motion to intervene and to quash certain grand jury subpoenas. Both parties agree to maintain their evidence, including certain computer equipment, inviolate until all of the terms of this agreement have been satisfied. By signing this agreement, Epstein asserts and certifies that each of these terms is material to this agreement and is supported by independent consideration and that a breach of any one of these conditions allows the United States to elect to terminate the agreement and to investigate and prosecute Epstein and any other individual or entity for any and all federal offenses. By signing this agreement, Epstein asserts and certifies that he is aware of the fact that the Sixth Amendment to the Constitution of the United States provides that in all criminal prosecutions the accused shall enjoy the right to a speedy and public trial. Epstein further is aware that Rule 48(b) of the Federal Rules of Criminal Procedure provides that the Court may dismiss an indictment, information, or complaint for unnecessary delay in presenting a charge to the Grand Jury, filing an information, or in bringing a defendant to trial. Epstein hereby requests that the United States Attorney for the Southern District of Florida defer such prosecution. Epstein agrees and consents that any delay from the date of this Agreement to the date of initiation of prosecution, as provided for in the terms expressed herein, shall be deemed to be a necessary delay at his own request, and he hereby waives any defense to such prosecution on the ground that such delay operated to deny hint rights under Rule 48(b) of the Federal Rules of Criminal Procedure and the Sixth Amendment to the Constitution of the United States to a speedy trial or to bar the prosecution by reason of the running of the statute of limitations for a period of months equal to the period between the signing of this agreement and the breach of this agreement. Epstein further asserts and certifies that he understands that the Fifth Amendment and Rule 7(a) of the Federal Rules of Criminal Procedure provide that all felonies must be charged in an indictment presented to a grand jury. Epstein hereby agrees and consents that, if a prosecution against him is instituted, it may be by way of an Information signed and filed by the United States Attorney, and hereby waives his right to be indicted by a grand jury. Page 4 of 5 US_Atty_Cor_0086 EFTA00235412 By signing this agreement, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he understands the conditions of this Non- Prosecution Agreement and agrees to comply with them. Dated: JEFFREY EPSTEIN Dated: GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN Dated: R. ALEXANDER ACOSTA UNITED STATES ATTORNEY 0 Page 5 of 5 US_Atty_Cor_0087 EFTA00235413 OW21/2007 Ce:42 PM tgov> 09/21/2007 02:45 PM Yes. I'm here for a while. Thanks. Villajaha 61.110.to .e West Palm Beach FL 33401 To 'Jay Letkowite cc bcc Subject RE: Reminder Mir To'Jay Lefkowltf <JLefltowilzakirkiand.com> SubjecReminder Hi Ja — Just a reminder. My home e-mail address is Thanks. Villafaha Assistant U.S. Attorney US_Atty_Cor_0088 EFTA00235414 West Palm Beach, FL 33401 US_Atty_Cor_0089 EFTA00235415 "N/lilefane, 3/111efentpuedo 1.9 09/21/2007 02:54 PM To "Jay Letkowite < cc bcc Subject RE: Reminder Hi Jay — I thought there was 5 years' probation with 18 months in jail followed by 12 months' home confinement. I only see 12 months incarceration, 12 months community control, with 6 of those months in jail, which would result in only 6 months' home confinement. Am I missing something? Thanks. Assistant U.S. Atis m o West Palm Beac FL 33401 witasSIMISSIIMIS sols ems USAFLs 09/21/2007 02:42 PM To"Jay Letkowite <J1elkowlizipirkland ccen> CO SubJecRemlnder Hi Ja • — Just a reminder. My home e-mail address is Thanks. US_Atty_Cor_0090 EFTA00235416 4.1.. Villafaffa Assistant U.S. Attorney West Palm Beach, FL 33401 US_Atty_Cor_0091 EFTA00235417 Merle C. Wow' 09/21/2007 02:55 PM To "Jay Leikoseite <JLetkovalzepdrkland.coo cc bcc Subject Integration Question Hi Jay — I talked ton' about the immigration language you wanted to include. He said absolutely not, we don't include that in any of our agreements. NMI Villafarta Assistant U.S. Attorney West Palm Beach, FL 33401 US_Atty_Cor_0092 EFTA00235418 'Acosta, Alex XUSAFLST cAlexAcoMeOusdotgov, 09232007 1223 PM cc <Andrew.Loune2@usck SAFLSI" bcc Subject Re: Jaffrey Epstein - confidential Apologies - a. Call on our side. Jay - marie will get back to you. Sent from my BlackBerry Wireless Handheld Original Message From: Acosta, Alex (USAFLS) <AAcosta@usa.doj.gov> To: 'JLefkowitzfikirkland.come CC: <Andrew.Lourie2@usdoj.gov>: . (USAFLS) a ana usa. o .gov> Sent: Sun Sep 23 12:22:46 2007 Subject: Re: Jeffrey Epstein - confidential Can we do a conf call? Sent from my BlackBerry Wireless Handheld Original Message ev> US_Atty_Cor_0093 EFTA00235419 0 US_Atty_Cor_0094 EFTA00235420 3 (3 US_Atty_Cor_0095 EFTA00235421 • 1 • t US_Atty_Cor_0096 EFTA00235422 OnW 09/23/2007 04:04 PM To "Jay Lefkowite cc "AM Shah" <est C. (usAns)" u bcc Subject Re: Draft Agreement Here is the most recent version. I noticed that the font size kept changing throughout, so I put it all in Times New Roman 13pt. I am attaching in Word Perfect, Word, and PDF. -- Original Message — IPSIMINIM ina4101.111P0, 0".W.40.!?yejlt4,14 - • ' • - . allaggris 111111101. 11. 11111. 1" Milleal US_Atty_Cor_0097 EFTA00235423 E rd Street j New York, NY 10022 Direct 1212-446-6460 Fax I asheth@lirkland.corn *Admission Pending in New York [attachment "20070923 Draft of Epstein Non-Prosecution Agreement (without Term 1) (Redlined).doc" deleted by Jay Leflcowitz/New York/Kirkland-Ellis] Mt* The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us Immediately by return e-mail or by e-mail to postmasta@kinclancLca and destroy this communication'and all copies thereof, including all attachments. ***** corn ment 070. .1c costa Non-Prosecution Agreementdocs has been archived by user 'CommonStore/IT/Kiridand-Ellis' on '11/26/2007 01;19:45% >>> «C Attachment '070923 Epstein Non-Prosecution Anreementmdf has been archived by user 'CommonStore/IT/Kirkland-Ellis' on '11/26/2007 01:19:45'. ,» .jtshatachrdenaf spdleinlitu -Prosecution cc t b;nflmarQomma n MOWN" 91:19:46'. >>> US_Atty_Cor_0098 EFTA00235424 IN RE: INVESTIGATION OF JEFFREY EPSTEIN NON-PROSECUTION AGREEMENT IT APPEARING that the City of Palm Beach Police Department and the State Attorney's Office for the 15th Judicial Circuit in and for Palm Beach County (hereinafter, the "State Attorney's Office") have conducted an investigation into the conduct of Jeffrey Epstein (hereinafter "Epstein"); IT APPEARING that the State Attorney's Office has charged Epstein by indictment with solicitation of prostitution, in violation of Florida Statutes Section 796.07; IT APPEARING that the United States Attorney's Office and the Federal Bureau of Investigation have conducted their own investigation into Epstein's background and any offenses committed by Epstein against the United States from in or around 2001 through in or around October 2005, including: (I) (2) (3) knowingly and willfully conspiring with others known and unknown to commit an offense against the United States, that is, to use a facility or means of interstate or foreign commerce to knowingly persuade, induce, or entice minor females to engage in prostitution, in violation of Title 18, United States Code, Section 2422(b); all in violation of Title 18; United States Code, Section 371; • knowingly and willfully conspiring with others known and unknown to travel in interstate commerce for the purpose of engaging in illicit sexual conduct, as defined in 18 U.S.C. § 2423(f), with minor females, in violation of Title 18, United States Code, Section 2423(b); all in violation of Title 18, United States Code, Section 2423(e); using a facility or means of interstate or foreign commerce to knowingly persuade, induce, or entice minor females to engage in prostitution; in violation of Title 18, United States Code, Sections 2422(b) and 2; (4) traveling in interstate commerce for the purpose of engaging in illicit sexual Page 1 of 6 US_Atty_Cor_0099 EFTA00235425 conduct, as defined in 18 U.S.C. § 2423(f), with minor females; in violation of Title 18, United States Code, Section 2423(b); and (5) knowingly, in and affecting interstate and foreign commerce, recruiting, enticing, and obtaining by any means a person, knowing that the person had not attained the age of 18 years and would be caused to engage in a commercial sex act as defined in 18 U.S.C. § 1591(cX1); in violation of Title 18, United States Code, Sections 1591(aX1) and 2; and IT APPEARING, after an investigation of the offenses and Epstein's background, that the interest of the United States pursuant to the Petite policy will be served by the following procedure; THEREFORE, on the authority of R. Alexander Acosta, United States Attorney for the Southern District of Florida, prosecution in this District for these offenses shall be deferred in favor of prosecution by the State of Florida, provided that Epstein abides by the following conditions and the requirements of this Agreement set forth below. If the United States Attorney should determine, based on information he deems reliable, that Epstein has violated any of the conditions of this Agreement, then the United States Attorney may at any time initiate prosecution against Epstein for any offense. In this case, the United States Attorney will furnish Epstein with timely notice specifying the condition(s) of the Agreement that he has violated, and shall initiate its prosecution within sixty (60) days' of giving notice of the violation. After timely fulfilling all the terms and conditions of the Agreement, no prosecution for the offenses set out on pages 1 and 2 of this Agreement, nor any other offenses that have been the subject of the joint investigation by the Federal Bureau of Investigation and the United States Attorney's Office, nor any offenses that were the subject of the Federal Grand Jury investigation will be instituted in this District, and the charges against Epstein if any, will be dismissed. Terms of the Agreement: 1. Epstein shall plead guilty (not nolo contendere) to an Information filed by the State Attorney's Office charging Epstein with an offense that requires him to register as a sex offender, that is, the solicitation of minors to engage in prostitution, in violation of Florida Statutes Section 796.03; 2. Epstein and the State Attorney's Office shall make a joint, binding Page 2 of 6 US_Atty_Cor_001 00 EFTA00235426 recommendation that the Court impose a thirty (30) month sentence to be divided as follows: (a) (b) Epstein shall begin by serving eighteen (18) months in county jail for all charges, without any opportunity for withholding adjudication or sentencing, and without probation or community control in lieu of imprisonment; and following the term of imprisonment, Epstein shall serve twelve (12) months of community control. 3. The terms contained in paragraph 2, supra, do not foreclose Epstein and the State Attorney's Office from agreeing to recommend any additional term(s) of probation and/or incarceration. 4. Epstein shall waive all challenges to the Information filed by the State Attorney's Office and shall waive the right to appeal his conviction and sentence. 5. Epstein shall provide to the U.S. Attorney's Office copies of all proposed agreements with the State Attorney's Office prior to entering into those agreements. 6. The United States shall provide Epstein's attorneys with a list of individuals whom it has identified as victims, as defined in 18 U.S.C. § 2255, after Epstein has signed this agreement and been sentenced. Upon the execution of this agreement, the United States will file a motion with the United States District Court for the Southern District of Florida for the appointment of a guardian ad !item for these persons. Epstein's counsel may contact the identified individuals through that guardian. 7. If any of the individuals referred to in paragraph (6), supra, elects to file suit pursuant to 18 U.S.C. § 2255, Epstein will not contest the jurisdiction of the United States District Court for the Southern District of Florida over his person and/or the subject matter, and Epstein waives his right to contest liability and also waives his right to contest damages up to an amount as agreed to between the identified victim and Epstein. Notwithstanding this waiver, as to those individuals whose names appear on the list provided by the United States, Epstein's signature on this agreement is not to be Page 3 of 6 US_Atty_Cor_001 01 EFTA00235427 construed as an admission of any criminal or civil liability other than that contained in 18 U.S.C. § 2255. 8. Epstein's signature on this agreement also is not to be construed as an admission of civil or criminal liability or a waiver of any jurisdictional or other defense as to any person whose name does not appear on the list provided by the United States. 9. Epstein shall enter his guilty plea and be sentenced not later than October 19, 2007, and shall self-report to begin serving his sentence not later than December 10, 2007. 10. Epstein agrees that he will not be afforded any benefits with respect to gain time, other than the rights, opportunities, and benefits as any other inmate, including but not limited to, eligibility for gain time credit based on standard rules and regulations that apply in the State of Florida. At the United States' request, Epstein agrees to provide an account of the gain time he earned during his period of incarceration. Epstein understands that the United States Attorney has no authority to require the State Attorney's Office to abide by any terms of this agreement. Epstein understands that it is his obligation to undertake discussion with the State Attorney's Office to ensure compliance with these procedures, which compliance will be necessary to satisfy the United States' interest, pursuant to the Petite policy. In consideration of Epstein's agreement to plead guilty and to provide compensation in the manner described above, if Epstein successfully fulfills all of the terms and conditions of this agreement, the United States also agrees that it will not institute any criminal char esitsin any potential co-conspirator of E tein including but g not limited to Lesley Groff, or . Further, upon execution of this agreement and a plea agreement with the State Attorney's Office, the federal Grand Jury investigation will be suspended, and all pending federal Grand Jury subpoenas will be held in abeyance unless and until the defendant violates any term of this agreement. The defendant likewise agrees to withdraw his pending motion to intervene and to quash certain grand jury subpoenas. Both parties agree to maintain their evidence, including certain computer equipment, inviolate until all of the terms of this agreement have been satisfied. Upon the successful completion of the terms of this agreement, all outstanding grand jury subpoenas shall be deemed withdrawn. By signing this agreement, Epstein asserts and certifies that each of these terms is material to this agreement and is supported by independent consideration and that a Page 4 of 6 US_Atty_Cor_001 02 EFTA00235428 breach of any one of these conditions allows the United States to elect to terminate the agreement and to investigate and prosecute Epstein and any other individual or entity for any and all federal offenses. By signing this agreement, Epstein asserts and certifies that he is aware of the fact that the Sixth Amendment to the Constitution of the United States provides that in all criminal prosecutions the accused shall enjoy the right to a speedy and public trial. Epstein further is aware that Rule 48(b) of the Federal Rules of Criminal Procedure provides that the Court may dismiss an indictment, information, or complaint for unnecessary delay in presenting a charge to the Grand Jury, filing an information, or in bringing a defendant to trial. Epstein hereby requests that the United States Attorney for the Southern District of Florida defer such prosecution. Epstein agrees and consents that any delay from the date of this Agreement to the date of initiation of prosecution, as provided for in the terms expressed herein, shall be deemed to be a necessary delay at his own request, and he hereby waives any defense to such prosecution on the ground that such delay operated to deny him rights under Rule 48(b) of the Federal Rules of Criminal Procedure and the Sixth Amendment to the Constitution of the United States to a speedy trial or to bar the prosecution by reason of the running of the statute of limitations for a period of months equal to the period between the signing of this agreement and the breach of this agreement as to those offenses that were the subject of the grand jury's investigation. Epstein further asserts and certifies that he understands that the Fifth Amendment and Rule 7(a) of the Federal Rules of Criminal Procedure provide that all felonies must be charged in an indictment presented to a grand jury. Epstein hereby agrees and consents that, if a prosecution against him is instituted for any offense that was the subject of the grand jury's investigation, it may be by way of an Information signed and filed by the United States Attorney, and hereby waives his right to be indicted by a grand jury. /// /I/ //I Page 5 of 6 US_Atty_Cor_001 03 EFTA00235429 By signing this agreement, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he understands the conditions of this Non-Prosecution Agreement and agrees to comply with them. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Dated: Dated: Dated: Dated: By:morimm---- ASSISTANT U.S. ATTORNEY JEFFREY EPSTEIN GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN JACK GOLDBERGER, ESQ. ATTORNEY FOR JEFFREY EPSTEIN Page 6 of 6 US_Atty_Cor_001 04 EFTA00235430 Jay - 'Acosta, Alex To %(USAFLEAr <AlexAcosta& MUSAFIST edol.gov> cc 09/23/2007 04:33 bcc PM Subject Re: I do not mean to be difficult, but our negotiations must take place with the AUSAs assigned to the case. and III have discussed this matter at length with me an several others in the office several times, inclduing today. They have discretion to proceed as they believe just and appropriate. I will be out of pocket much of monday on travel. I know that you and others will be here and want to make Iiii sure t my absence do not cause any delays. and have authority to proceed as they, in e onal opinion, consider best. Alex. Sent from my BlackBerry Wireless Handheld Original Message From: Jay Lefkowitz > To: Acosta, Alex (USA < cos a usa. o .gov> Sent: Sun Sep 23 14:11:57 2007 11.111111111111111111111111e US_Atty_Cor_001 05 EFTA00235431 The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments. US_Atty_Cor_001 06 EFTA00235432 J.govs• 09/23/2007 06:52 PM To cJLetkowitz@kitkland.eom> cc boc Subject Revised agreemeM Hi Jay- Can you look at this? Especially paragraph 7. I think this covers the exclusive remedy concern you had. <<070923 Epstein Non-Prosecution Agreement finni.pcii%* AVachment '07092a Epstein Non-Prosecution Agreement tinal.odr has been archived by user 'CommonStore/IT/KIddend-Ellis' on 11/28/2007 01;19:68i, »> US_Atty_Cor_001 07 EFTA00235433 IN RE: INVESTIGATION OF JEFFREY EPSTEIN NON-PROSECUTION AGREEMENT IT APPEARING that the City of Palm Beach Police Department and the State Attorney's Office for the 15th Judicial Circuit in and for Palm Beach County (hereinafter, the "State Attorney's Office") have conducted an investigation into the conduct of Jeffrey Epstein (hereinafter "Epstein"); IT APPEARING that the State Attorney's Office has charged Epstein by indictment with solicitation of prostitution, in violation of Florida Statutes Section 796.07; IT APPEARING that the United States Attorney's Office and the Federal Bureau of Investigation have conducted their own investigation into Epstein's background and any offenses that may have been committed by Epstein against the United States from in or around 2001 through in or around September 2007, including: (1) knowingly and willfully conspiring with others known and unknown to commit an offense against the United States, that is, to use a facility or means of interstate or foreign commerce to knowingly persuade, induce, or entice minor females to engage in prostitution, in violation of Title 18, United States Code, Section 2422(b); all in violation of Title 18, United States Code, Section 371; (2) knowingly and willfully conspiring with others known and unknown to travel in interstate commerce for the purpose of engaging in illicit sexual conduct, as defined in 18 U.S.C. § 2423(f), with minor females, in violation of Title 18, United States Code, Section 2423(b); all in violation of Title 18, United States Code, Section 2423(e); (3) using a facility or means of interstate or foreign commerce to knowingly persuade, induce, or entice minor females to engage in prostitution; in violation of Title 18, United States Code, Sections 2422(6) and 2; (4) traveling in interstate commerce for the purpose of engaging in illicit sexual conduct, as defined in 18 U.S.C. § 2423(f), with minor females; in violation Page 1 of 6 US_Atty_Cor_00108 EFTA00235434 of Title 18, United States Code, Section 2423(b); and (5) knowingly, in and affecting interstate and foreign commerce, recruiting, enticing, and obtaining by any means a person, knowing that. the person had not attained the age of 18 years and would be caused to engage in a commercial sex act as defined in 18 U.S.C. § 1591(c)(1); in violation of Title 18, United States Code, Sections 1591(a)(1) and 2; and IT APPEARING, after an investigation of the offenses and Epstein' s background, that the interest of the United States pursuant to the Petite policy will be served by the following procedure; THEREFORE, on the authority of R.. Alexander Acosta, United States Attorney for the Southern District of Florida, prosecution in this District for these offenses shall be deferred in favor of prosecution by the State of Florida, provided that Epstein abides by the following conditions and the requirements of this Agreement set forth below. a IMP If the United States Attorney should determine, based on reliable evidence, that Epstein has willfully violated any of the conditions of this Agreement, then the United States Attorney may at any time initiate prosecution against Epstein for any offense. In this case, the United States Attorney will furnish Epstein with timely notice specifying the condition(s) of the Agreement that he has violated, and shall initiate its prosecution within sixty (60) days' of giving notice of the violation. After timely fulfilling all the terms and conditions of the Agreement, no prosecution for the offenses set out on pages 1 and 2 of this Agreement, nor any other offenses that have been the subject of the joint investigation by the Federal Bureau of Investigation and the United States Attorney's Office, nor any offenses that were the subject of the Federal Grand Jury investigation will be instituted in this District, and the charges against Epstein if any, will be dismissed. Terms of the Agreement: 1. Epstein shall plead guilty (not nob contendere) to an Information filed by the State Attorney's Office charging Epstein with an offense that requires him to register as a sex offender, that is, the solicitation of minors to engage in prostitution, in violation of Florida Statutes Section 796.03; 2. Epstein and the State Attorney's Office shall make a joint, binding recommendation that the Court impose a thirty (30) month sentence to Page 2 of 6 US_Atty_Cor_001 09 EFTA00235435 be divided as follows: (a) Epstein shall begin by serving eighteen (18) months in county jail for all charges, without any opportunity for withholding adjudication or sentencing, and without probation or community control in lieu of imprisonment; and (b) following the term of imprisonment, Epstein shall serve twelve (12) months of community control. 3. The terms contained in paragraphs 1 and 2, supra, do not foreclose Epstein and the State Attorney's Office from agreeing to plead to any additional charge(s) or from recommending any additional term(s) of probation and/or incarceration. 4. Epstein shall waive all challenges to the Information filed by the State Attorney's Office and shall waive the right to appeal his conviction and sentence. 0 5. Epstein shall provide to the U.S. Attorney's Office copies of all proposed agreements with the State Attorney's Office prior to entering into those agreements. 6. The United States shall provide Epstein's attorneys with a list of individuals whom it has identified as victims, as defined in 18 U.S.C. § 2255, after Epstein has signed this agreement and been sentenced. Upon the execution of this agreement, the United States will file a motion with the United States District Court for the Southern District of Florida for the appointment of a guardian ad litem for these persons. Epstein's counsel may contact the identified individuals through that guardian. 7. If any of the individuals referred to in paragraph (6), supra, elects to file suit pursuant to 18 U.S.C. § 2255, Epstein will not contest the jurisdiction of the United States District Court for the Southern District of Florida over his person and/or the subject matter, and Epstein waives his right to contest liability and also waives his right to contest damages up to an amount as agreed to between the identified victim and Epstein, so long as the identified victim elects to proceed exclusively under 18 U.S.C. § 2255, and agrees to waive any other claim for damages, whether pursuant to state, federal, or common law. Notwithstanding Page 3 of 6 US_Atty_Cor_001 1 0 EFTA00235436 this waiver, as to those individuals whose names appear on the list provided by the United States, Epstein's signature on this agreement is not to be construed as an admission of any criminal or civil liability other than that contained in 18 U.S.C. § 2255. 8. Epstein's signature on this agreement also is not to be construed as an admission of civil or criminal liability or a waiver of any jurisdictional or other defense as to any person whose name does not appear on the list provided by the United States. 9. Epstein shall enter his guilty plea and be sentenced not later than October 26, 2007, and shall self-report to begin serving his sentence not later than January 4, 2008. 10. Epstein agrees that he will not be afforded any benefits with respect to gain time, other than the tights, opportunities, and benefits as any other inmate, including but not limited to, eligibility for gain time credit based on standard rules and regulations that apply in the State of Florida. At the United States' request, Epstein agrees to provide an account of the gain time he earned during his period of incarceration. Epstein understands that the United States Attorney has no authority to require the State Attorney's Office to abide by any terms of this agreement. Epstein understands that it is his obligation to undertake discussion with the State Attorney's Office to ensure compliance with these procedures, which compliance will be necessary to satisfy the United States' interest, pursuant to the Petite policy. In consideration of Epstein's agreement to plead guilty and to provide compensation in the manner described above, i f Epstein successfully fulfills all of the terms and conditions of this agreement, the United States also agrees that it will not institute any criminal char es co-conspiratorifisein including but not limited to Lesley Groff, or NM. Further, upon execution o this agreement and a plea agreement with the State Attorney's Office, the federal Grand Jury investigation will be suspended, and all pending federal Grand Jury subpoenas will be held in abeyance unless and until the defendant violates any term of this agreement. The defendant likewise agrees to withdraw his pending motion to intervene and to quash certain grand jury subpoenas. Both parties agree to maintain their evidence, including certain computer equipment, inviolate until all of the terms of this agreement have been satisfied. Upon the successful completion of the terms of this agreement, all outstanding grand jury subpoenas shall be deemed withdrawn. Page 4 of 6 US_Atty_Cor_00111 EFTA00235437 By signing this agreement, Epstein asserts and certifies that each of these terms is material to this agreement and is supported by independent consideration and that a breach of any one of these conditions allows the United States to elect to terminate the agreement and to investigate and prosecute Epstein and any other individual or entity for any and all federal offenses. a By signing this agreement, Epstein asserts and certifies that he is aware of the fact that the Sixth Amendment to the Constitution of the United States provides that in all criminal prosecutions the =owl shall enjoy the right to a speedy and public trial. Epstein further is aware that Rule 48(b) of the Federal Rules of Criminal Procedure provides that the Court may dismiss an indictment, information, or complaint for unnecessary delay in presenting a charge to the Grand Jury, filing an information, or in bringing a defendant to trial. Epstein hereby requests that the United States Attorney for the Southern District of Florida defer such prosecution. Epstein agrees and consents that any delay from the date of this Agreement to the date of initiation of prosecution, as provided for in the terms expressed herein, shall be deemed to be a necessary delay at his own request, and he hereby waives any defense to such prosecution on the ground that such delay operated to deny him rights under Rule 48(b) of the Federal Rules of Criminal Procedure and the Sixth Amendment to the Constitution of the United States to a speedy trial or to bar the prosecution by reason of the running of the statute of limitations for a period of months equal to the period between the signing of this agreement and the breach of this agreement as to those offenses that were the subject of the grand jury's investigation. Epstein further asserts and certifies that he understands that the Fifth Amendment and Rule 7(a) of the Federal Rules of Criminal Procedure provide that all felonies must be charged in an indictment presented to a grand jury. Epstein hereby agrees and consents that, if a prosecution against him is instituted for any offense that was the subject of the grand jury's investigation, it may be by way of an Information signed and filed by the United States Attorney, and hereby waives his right to be indicted by a grand jury. III Ill Page 5 of 6 US_Atty_Cor_00112 EFTA00235438 a By signing this agreement, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he understands the conditions of this Non- Prosecution Agreement and agrees to comply with them. R. ALEXANDER. ACOSTA UNITED STATES ATTORNEY Dated: By: ASSISTANT U.S. ATTORNEY Dated: Dated: Dated: JEFFREY EPSTEIN GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN JACK GOLDBERGER, ESQ. ATTORNEY FOR JEFFREY EPSTEIN Page 6 of 6 US_Atty_Cor_00113 EFTA00235439 09/23/2007 08:04 PM To "Jay Loiko?.itz" < cc bcc Subject RE: Revised agreement Yes. Where would you like me to call you? XUSAnStr ii ovl Sent 09/2312607 PM AST To: Jay Lefkowitz Subject: Revised agreement Hi Jay — Can you look at this? Especially paragraph 7. I think this covers the exclusive remedy concern you had. «070923 Epstein Non-Prosecution Agreement final.pdP'> *•**************************************************** ***** The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster®kirkland.com, and destroy this communication and all copies thereof, including all attachments. US_Atty_Co r_0011 4 EFTA00235440 War, 0923/2007 08:04 PM To "Jay Lefkowitz" siLarkovateaktriciand.ca cc boc Subject RE: Revised agreement 1 is definitely under 18 still, and I think there Is a second minor. The appointment of the guardian ad Rem is to provide you with a mechanism to make contact with the girls and to give them the assistance of an independent attorney who represents them (as opposed to me, who represents the government). If you are willing to provide the girls with independent counsel, at Mr. Epstein's expense (and I get to pick the attorney), that is alright with me. 111111 -11 Sent 09/23/2007 06:52 PM AST To: Jay Lefkowitz Subject: Revised agreement Hi Jay - Can you look at this? Especially paragraph 7. I think this covers the exclusive remedy concern you had. «070923 Epstein Non-Prosecution Agreement tinal.pdf» ****************************************************** *it** The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be =lawful. If you have received this US_Atty_Cor_00115 EFTA00235441 communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@ltirkland.corn, and destroy this communication and all copies thereof, including all attachments. ****************************************** ****** t***•• US_Atty_Cor_00116 EFTA00235442 Wawa 09/23/2007 08:37 PM To 'Jay LeOcolMte cl.efkewitz@fdrldand.coe cc bcc Subject RE: A trustee means there is a trust that has been approved by a court and that the court has appointed a trustee. That doesn't apply here. I cannot bind the girls to a trust. If a guardian is appointed, the girls elect to use him as their attorney and they all agree that a trust is in their beat interests, that is their decision, not mine. I would not be making the motion for appointment of the guardian under 17(c) anyway. The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland a Ellis LLP or Kirkland i Ellis International LLP. US_Atty_Cor_00117 EFTA00235443 Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kitkland.com, and destroy this communication and all copies thereof, including all attachments. US_Atty_Cor_00118 EFTA00235444 "Villafanan 09,23/2007 08:58 PM To 'Jay Letkowite <Jletkowitzekirkland.com> cc bcc Subject Epstein agreement Hi Jay— Here are the revisions that I agree with and those I don't. We have been over paragraph 6 an infinite number of times. It is factually accurate that the list we are going to give you are persons we have identified as victims. If we did not think they were victims, they would have no right to bring suit, regardless of whether your client is willing to waive liability or not. I have not balked about giving your client yet another month to self-surrender, so please let us just put this to rest. I changed the amount of time for the US to notify you of breach to take into account the fact that this agreement will not be completed within 30 months of execution (because of the lengthy delay before self-surrender) and to give us a 6 month windowin case we discover a violation after Mr. Epstein is released. Ido not care if you want to call the appointed person a" representative" instead of a guardian, so long as he/she is: (1) a lawyer, (2) independent; (3) selected by our Office or a federal judge; and (4) paid for by your client or by the federal court. I have sent this to Alex for his review. I have asked him to call me either late tonight or early tomorrow morning. When I get his comments, I will get back to you, probably tomorrow. Thank you. <<070923 Epstein Non-Prosecution Agreement final v2.pdf>> ssialiachinganuagauslisatennunith lane has been archived by user 'CommonStoie/IT/Kirkland-Ells' on '11/26/2007 01:20:2g, >» US_Atty_Cor_00119 EFTA00235445 IN RE: INVESTIGATION OF JEFFREY EPSTEIN NON-PROSECUTION AGREEMENT IT APPEARING that the City of Palm Beach Police Department and the State Attorney's Office for the 15th Judicial Circuit in and for Palm Beach County (hereinafter, the "State Attorney's Office") have conducted an investigation into the conduct of Jeffrey Epstein (hereinafter "Epstein"); IT APPEARING that the State Attorney's Office has charged Epstein by indictment with solicitation of prostitution, in violation of Florida Statutes Section 796.07; IT APPEARING that the United States Attorney's Office and the Federal Bureau of investigation have conducted their own investigation into Epstein's background and any offenses that may have been committed by Epstein against the United States from in or around 2001 through in or around September 2007, including: (1) knowingly and willfully conspiring with others known and unknown to commit an offense against the United States, that is, to use a facility or means of interstate or foreign commerce to knowingly persuade, induce, or entice minor females to engage in prostitution, in violation of Title 18, United States Code, Section 2422(b); all in violation of Title 18, United States Code, Section 371; (2) knowingly and willfully conspiring with others known and unknown to travel in interstate commerce for the purpose of engaging in illicit sexual conduct, as defined in 18 U.S.C. § 2423(0, with minor females, in violation of Title 18, United States Code, Section 2423(b); all in violation of Title 18, United States Code, Section 2423(e); (3) using a facility or means of interstate or foreign commerce to knowingly persuade, induce, or entice minor females to engage in prostitution; in violation of Title 18, United States Code, Sections 2422(b) and 2; (4) traveling in interstate commerce for the purpose of engaging in illicit sexual conduct, as defined in 18 U.S.C. § 2423(f), with minor females; in violation Page 1 of 6 US_Atty_Cor_001 20 EFTA00235446 of Title 18, United States Code, Section 2423(b); and (5) knowingly, in and affecting interstate and foreign commerce, recruiting, enticing, and obtaining by any means a person, knowing that the person had not attained the age of 18 years and would be caused to engage in a commercial sex act as defined in 18 U.S.C. § 1591(c)(1); in violation of Title 18, United States Code, Sections 1591(aX1) and 2; and IT APPEARING, after an investigation of the offenses and Epstein's background, that the interest of the United States pursuant to the Petite policy will be served by the following procedure; THEREFORE, on the authority of IL Alexander Acosta, United States Attorney for the Southern District of Florida, prosecution in this District for these offenses shall be deferred in favor of prosecution by the State of Florida, provided that Epstein abides by the following conditions and the requirements of this Agreement set forth below. If the United States Attorney should determine, based on reliable evidence, that Epstein has willfully violated any of the conditions of this Agreement, then the United States Attorney may, within forty (40) months of the execution of this Agreement, provide Epstein with timely notice specifying the condition(s) of the Agreement that he has violated, and shall initiate its prosecution on any offense within sixty (60) days' of giving notice of the violation. After timely fulfilling all the terms and conditions of the Agreement, no prosecution for the offenses set out on pages 1 and 2 of this Agreement, nor any other offenses that have been the subject of the joint investigation by the Federal Bureau of Investigation and the United States Attorney's Office, nor any offenses that were the subject of the Federal Grand Jury investigation will be instituted in this District, and the charges against Epstein if any, will be dismissed. Terms of the Agreement 1. Epstein shall plead guilty (not nob contendere) to an Information filed by the State Attorney's Office charging Epstein with an offense that requires him to register as a sex offender, that is, the solicitation of minors to engage in prostitution, in violation ofFlorida Statutes Section 796.03; 2. Epstein and the State Attorney's Office shall make a joint, binding recommendation that the Court impose a thirty (30) month sentence to Page 2 of 6 US_Atty_Cor_001 21 EFTA00235447 be divided as follows: (a) Epstein shall begin by serving eighteen (18) months in county jail for all charges, without any opportunity for withholding adjudication or sentencing, and without probation or community control in lieu of imprisonment; and (b) following the term of imprisonment, Epstein shall serve twelve (12) months of community control. 3. The terms contained in paragraphs 1 and 2, supra, do not foreclose Epstein and the State Attorney's Office from agreeing to recommend any additional charge(s) or any additional term(s) of probation and/or incarceration. 4. Epstein shall waive all challenges to the Information filed by the State Attorney's Office and shall waive the right to appeal his conviction and sentence. 5. Epstein shall provide to the U.S. Attorney's Office copies of all proposed agreements with the State Attorney's Office prior to entering into those agreements. 6. The United States shall provide Epstein's attorneys with a list of individuals whom it has identified as victims, as defined in 18 U.S.C. § 2255, after Epstein has signed this agreement and been sentenced. Upon the execution of this agreement, the United States will file a motion with the United States District Court for the Southern District of Florida for the appointment of a guardian ad litem for these persons. Epstein's counsel may contact the identified individuals through that guardian. 7. If any of the individuals referred to in paragraph (6), supra, elects to file suit pursuant to 18 U.S.C. § 2255, Epstein will not contest the jurisdiction of the United States District Court for the Southern District of Florida over his person and/or the subject matter, and Epstein waives his right to contest liability and also waives his right to contest damages up to an amount as agreed to between the identified victim and Epstein, so long as the identified victim elects to proceed exclusively under 18 U.S.C. § 2255, and agrees to waive any other claim for damages, whether pursuant to state, federal, or common law. Notwithstanding Page 3 of 6 US_Atty_Cor_001 22 EFTA00235448 this waiver, as to those individuals whose names appear on the list provided by the United States, Epstein's signature on this agreement is not to be construed as an admission of any criminal or civil liability other than that contained in 18 U.S.C. § 2255. 8. Epstein's signature on this agreement also is not to be construed as an admission of civil or criminal liability or a waiver of any jurisdictional or other defense as to any person whose name does not appear on the list provided by the United States. 9. Epstein shall enter his guilty plea and be sentenced not later than October 26,2007, and shall self-report to begin serving his sentence not later than January 4, 2008. 10. Epstein agrees that he will not be afforded any benefits with respect to gain time, other than the rights, opportunities, and benefits as any other inmate, including but not limited to, eligibility for gain time credit based on standard rules and regulations that apply in the State of Florida. At the United States' request, Epstein agrees to provide an accounting of the gain time he earned during his period of incarceration. 11. The parties anticipate that this agreement will not be made part of any public record. If the United States receives a Freedom of Information Act request or any compulsory process commanding the disclosure of the agreement, it will provide notice to Epstein before making that disclosure. Epstein understands that the United States Attorney has no authority to require the State Attorney's Office to abide by any terms of this agreement. Epstein understands that it is his obligation to undertake discussion with the State Attorney's Office to ensure compliance with these procedures, which compliance will be necessary to satisfy the United States' interest, pursuant to the Petite policy. In consideration of Epstein's agreement to plead guilty and to provide compensation in the manner described above, if Epstein successfully fulfills all of the terms and conditions of this agreement, the United States also agrees that it will not institute any c • Satiatential co-conspiratciir but not limited to Lesley Groff, or Further, upon execution of this agreement and a plea agreement with the State Attorney's Office, the federal Grand Jury investigation will be suspended, and all pending federal Grand Jury subpoenas will be held Page 4 of 6 US_Atty_Cor_001 23 EFTA00235449 in abeyance unless and until the defendant violates any term of this agreement. The defendant likewise agrees to withdraw his pending motion to intervene and to quash certain grand jury subpoenas. Both parties agree to maintain their evidence, including certain computer equipment, inviolate until all of the terms of this agreement have been satisfied. Upon the successful completion of the terms of this agreement, all outstanding grand jury subpoenas shall be deemed withdrawn. By signing this agreement, Epstein asserts and certifies that each of these terms is material to this agreement and is supported by independent consideration and that a breach of any one of these conditions allows the United States to elect to terminate the agreement and to investigate and prosecute Epstein and any other individual or entity for any and all federal offenses. By signing this agreement, Epstein asserts and certifies that he is aware of the fact that the Sixth Amendment to the Constitution of the United States provides that in all criminal prosecutions the accused shall enjoy the right to a speedy and public trial. Epstein further is aware that Rule 48(b) of the Federal Rules of Criminal Procedure provides that the Court may dismiss an indictment, information, or complaint for trateceqsary delay in presenting a charge to the Grand Jury, filing an information, or in bringing a defendant to trial. Epstein hereby requests that the United States Attorney for the Southern District of Fl orida defer such prosecution. Epstein agrees and consents that any delay from the date of this Agreement to the date of initiation of prosecution, as provided for in the terms expressed herein, shall be deemed to be a necessary delay at his own request, and he hereby waives any defense to such prosecution on the ground that such delay operated to deny him rights under Rule 48(b) of the Federal Rules of Criminal Procedure and the Sixth Amendment to the Constitution of the United States to a speedy trial or to bar the prosecution by reason of the running ofthe statute of limitations for a period of months equal to the period between the signing of this agreement and the breach of this agreement as to those offenses that were the subject of the grand jury's investigation. Epstein further asserts and certifies that he understands that the Fifth Amendment and Rule 7(a) of the Federal Rules of Criminal Procedure provide that all felonies must be charged in an indictment presented to a grand jury. Epstein hereby agrees and consents that, if a prosecution against him is instituted for any offense that was the subject of the grand jury's investigation, it may be by way of an Information signed and filed by the United States Attorney, and hereby waives his right to be indicted by a grand jury. /// / / / /// Page 5 of 6 US_Atty_Cor_001 24 EFTA00235450 By signing this agreement, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he understands the conditions of this Non- Prosecution Agreement and agrees to comply with them. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Dated: Dated: Dated: Dated: By Nommor---- ASSISTANT U.S. ATTORNEY JEFFREY EPSTEIN GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN LILLYIII SANCHEZ, ESQ. ATTORNEY FOR JEt4•REY EPSTEIN Page 6 of 6 US_Atty_Cor_001 25 EFTA00235451 Zil=rusdo j.gov> 09/24/2007 09:36 AM To "Jay Lefkowite <JLefkowilz@kbidend.coi cc bcc Subject RE: Epstein 11:30 is fine. I am waiting for final edits from Alex. Can you send me all of the state agreements? My fax number is below or you can e-mail. Thanks. Villafafia Assista 0.S. A tor e 1m Beac , Original Messa e The information contained in this communication is confidential, may be attorney-client' privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmasterOkirkland.com, US_Atty_Cor_00126 EFTA00235452 and destroy this communication and all copies thereof, including all attachments. a US_Atty_Cor_001 27 EFTA00235453 09/24/2007 10:13 AM To "Jay Lefkowitt <J1entowitz@kirkland.com> cc bcc Subject Epstein agreement as reviewed by the U.S. Atter Hi Jay - Here is the agreement with Alex's edits. Thank you. <<070924 Epstein Non-Prosecution Agreement w Acosta edits v2.pdf>> Assistant U.S. Attorney West Palm Beach, FL 33401 «< Attachment '070924 Epstein Non-Prosecution Agreement w Acosta edits %/Zoe has been archived by use& 'CommonStore4T/tarkland-Ellis' onillaWal0.7 01:21:11% >» US_Atty_Cor_001 28 EFTA00235454 IN RE: INVESTIGATION OF JEFFREY EPSTEIN NON-PROSECUTION AGREEMENT IT APPEARING that the City of Palm Beach Police Department and the State Attorney's Office for the 15th Judicial Circuit in and for Palm Beach County (hereinafter, the "State Attorney's Office") have conducted an investigation into the conduct of Jeffrey Epstein (hereinafter "Epstein"); IT APPEARING that the State Attorney's Office has charged Epstein by indictment with solicitation of prostitution, in violation of Florida Statutes Section 796.07; IT APPEARING that the United States Attorney's Office and the Federal Bureau of Investigation have conducted their own investigation into Epstein's background and any offenses that may have been committed by Epstein against the United States from in or around 2001 through in or around September 2007, including: (1) knowingly and willfully conspiring with others known and unknown to commit an offense against the United States, that is, to use a facility or means of interstate or foreign commerce to knowingly persuade, induce, or entice minor females to engage in prostitution, in violation of Title 18, United States Code, Section 2422(b); all in violation of Title 18, United States Code, Section 371; (2) knowingly and willfully conspiring with others known and unknown to travel in interstate commerce for the purpose of engaging in illicit sexual conduct, as defined in 18 U.S.C. § 2423(f), with minor females, in violation of Title 18, United States Code, Section 2423(b); all in violation of Title 18, United States Code, Section 2423(e); (3) using a facility or means of interstate or foreign commerce to knowingly persuade, induce, or entice minor females to engage in prostitution; in violation of Title 18, United States Code, Sections 2422(b) and 2; (4) traveling in interstate commerce for the purpose of engaging in illicit sexual conduct, as defined in 18 U.S.C. § 2423(f), with minor females; in violation Page 1 of 6 US_Atty_Cor_001 29 EFTA00235455 of Title 18, United States Code, Section 2423(b); and (5) knowingly, in and affecting interstate and foreign commerce, recruiting, enticing, and obtaining by any means a person, knowing that the person had not attained the age of 18 years and would be caused to engage in a commercial sex act as defined in 18 U.S.C. § 1591(cX1); in violation of Title 18, United States Code, Sections 1591(a)(1) and 2; and IT APPEARING that Epstein seeks to resolve globally his state and federal criminal liability and Epstein understands and acknowledges that, in order to do so, he must undertake certain actions with the State Attorney's Office; IT APPEARING, after an investigation of the offenses and Epstein's background by both State and Federal law enforcement agencies, and after due consultation with the State Attorney's Office, that the interests of the United States, the State of Florida, and the Defendant will be served by the following procedure; THEREFORE, on the authority of R. Alexander Acosta, United States Attorney for the Southern District of Florida, prosecution in this District for these offenses shall be deferred in favor of prosecution by the State of Florida, provided that Epstein abides by the following conditions and the requirements of this Agreement set forth below. If the United States Attorney should determine, based on reliable evidence, that, during the period of the Agreement, Epstein willfully violated any of the conditions of this Agreement, then the United States Attorney may, within ninety (90) days following the expiration of the term of home confinement discussed below, provide Epstein with timely notice specifying the condition(s) of the Agreement that he has violated, and shall initiate its prosecution on any offense within sixty (60) days' of giving notice of the violation. After timely fulfilling all the terms and conditions of the Agreement, no prosecution for the offenses set out on pages 1 and 2 of this Agreement, nor any other offenses that have been the subject of the joint investigation by the Federal Bureau of Investigation and the United States Attorney's Office, nor any offenses that were the subject of the Federal Grand Jury investigation will be instituted in this District, and the charges against Epstein if any, will be dismissed. Terms of the Agreement: 1. Epstein shall plead guilty (not nob contendere) to an Information filed by the State Attorney's Office charging Epstein with an offense that requires him to register as a sex offender, that is, the solicitation of Page 2 of 6 US_Atty_Cor_001 30 EFTA00235456 minors to engage in prostitution, in violation of Florida Statutes Section 796.03; 2. Epstein shall make a binding recommendation that the Court impose a thirty (30) month sentence to be divided as follows: (a) Epstein shall be sentenced to eighteen (18) months in county jail for all charges, without any opportunity for withholding adjudication or sentencing, and without probation or community control in lieu of imprisonment; and (b) following the term of imprisonment, Epstein shall serve twelve (12) months of community control. 3. The terms contained in paragraphs 1 and 2, supra, do not foreclose Epstein and the State Attorney's Office from agreeing to recommend any additional charge(s) or any additional term(s) of probation and/or incarceration, and do not foreclose a Judge of the 15th Judicial Circuit from imposing a sentence in excess of the terms set forth above. 4. Epstein shall waive all challenges to the Information filed by the State Attorney's Office and shall waive the right to appeal his conviction and sentence. 5. Epstein shall provide to the U.S. Attorney's Office copies of all proposed agreements with the State Attorney's Office prior to entering into those agreements. 6. The United States shall provide Epstein's attorneys with a list of individuals whom it has identified as victims, as defined in 18 U.S.C. § 2255, after Epstein has signed this agreement and been sentenced. Upon the execution of this agreement, the United States will file a motion with the United States District Court for the Southern District of Florida for the appointment of a guardian ad litem for these persons. Epstein's counsel may contact the identified individuals through that guardian. 7. If any of the individuals referred to in paragraph (6), supra, elects to file suit pursuant to 18 U.S.C. § 2255, Epstein will not contest the jurisdiction of the United States District Court for the Southern District of Florida over his person and/or the subject matter, and Epstein waives Page 3 of 6 US_Atty_Cor_001 31 EFTA00235457 his right to contest liability and also waives his right to contest damages up to an amount as agreed to between the identified victim and Epstein, so long as the identified victim elects to proceed exclusively under 18 U.S.C. § 2255, and agrees to waive any other claim for damages, whether pursuant to state, federal, or common law. Notwithstanding this waiver, as to those individuals whose names appear on the list provided by the United States, Epstein's signature on this agreement is not to be construed as an admission of any criminal or civil liability other than that contained in 18 U.S.C. § 2255. 8. Epstein's signature on this agreement also is not to be construed as an admission of civil or criminal liability or a waiver of any jurisdictional or other defense as to any person whose name does not appear on the list provided by the United States. 9. Epstein shall use his best efforts to enter his guilty plea and be sentenced not later than October 26, 2007. The United States has no objection to Epstein self-reporting to begin serving his sentence not later than January 4, 2008. 10. Epstein agrees that he will not be afforded any benefits with respect to gain time, other than the rights, opportunities, and benefits as any other inmate, including but not limited to, eligibility for gain time credit based on standard rules and regulations that apply in the State of Florida. At the United States' request, Epstein agrees to provide an accounting of the gain time he earned during his period of incarceration. 11. The parties anticipate that this agreement will not be made part of any public record. If the United States receives a Freedom of Information Act request or any compulsory process commanding the disclosure of the agreement, it will provide notice to Epstein before making that disclosure. Epstein understands that the United States Attorney has no authority to require the State Attorney's Office to abide by any terms of this agreement. Epstein understands that it is his obligation to undertake discussions with the State Attorney's Office and to use his best efforts to ensure compliance with these procedures, which compliance will be necessary to satisfy the United States' interest. Epstein also understands that it is his obligation to use his best efforts to convince the Judge of the 15th Judicial Circuit to accept Epstein's binding recommendation regarding the sentence to be imposed, and understands that the failure to Page 4 of 6 US_Atty_Cor_001 32 EFTA00235458 do so will be a breach of the agreement In consideration of Epstein's agreement to plead guilty and to provide compensation in the manner described above, if Epstein successfully fulfills all of the terms and conditions of this agreement, the United States also agrees that it will not institute any • ' is tential co-conspiratoggkpstein, including but not limited to Lesley Groff, or Marcinkova. Further, upon execution of this agreement and a plea agreement with the State Attorney's Office, the federal Grand Jury investigation will be suspended, and all pending federal Grand Jury subpoenas will be held in abeyance unless and until the defendant violates any term of this agreement The defendant likewise agrees to withdraw his pending motion to intervene and to quash certain grand jury subpoenas. Both parties agree to maintain their evidence, including certain computer equipment, inviolate until all of the terms of this agreement have been satisfied. Upon the successfhl completion of the terms of this agreement, all outstanding grand jury subpoenas shall be deemed withdrawn. 0 By signing this agreement, Epstein asserts and certifies that each of these terms is material to this agreement and is supported by independent consideration and that a breach of any one of these conditions allows the United States to elect to terminate the agreement and to investigate and prosecute Epstein and any other individual or entity for any and all federal offenses. By signing this agreement, Epstein asserts and certifies that he is aware of the fact that the Sixth Amendment to the Constitution of the United States provides that in all criminal prosecutions the accused shall enjoy the right to a speedy and public trial. Epstein further is aware that Rule 48(b) of the Federal Rules of Criminal Procedure provides that the Court may dismiss an indictment, information, or complaint for unnecessary delay in presenting a charge to the Grand Jury, filing an information, or in bringing a defendant to trial. Epstein hereby requests that the United States Attorney for the Southern District ofFlorida defer such prosecution. Epstein agrees and consents that any delay from the date of this Agreement to the date of initiation of prosecution, as provided for in the terms expressed herein, shall be deemed to be a necessary delay at his own request, and he hereby waives any defense to such prosecution on the ground that such delay operated to deny him rights under Rule 48(b) of the Federal Rules of Criminal Procedure and the Sixth Amendment to the Constitution of the United States to a speedy trial or to bar the prosecution by reason of the running of the statute of limitations for a period of months equal to the period between the signing of this agreement and the breach of this agreement as to those offenses that were the subject of the grand jury's investigation. Epstein further asserts and certifies that he understands that the Fifth Amendment and Rule 7(a) of the Federal Rules of Criminal Procedure provide that all felonies must be charged in an indictment presented to a grand jury. Epstein hereby agrees and consents that, if a prosecution against him is instituted for any offense that was the Page 5 of 6 US_Atty_Cor_001 33 EFTA00235459 subject of the grand jury's investigation, it may be by way of an Information signed and filed by the United States Attorney, and hereby waives his right to be indicted by a grand jury. By signing this agreement, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he understands the conditions of this Non- Prosecution Agreement and agrees to comply with them. R ALEXANDER ACOSTA UNITED STATES ATTORNEY Dated: Dated: Dated: Dated: By: ASSISTANT U.S. ATTORNEY JEFFREY EPSTEIN GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN LILLY'. SANCHEZ, ESQ. ATTORNEY FOR JEFFREY EPSTEIN Page 6 of 6 US_Atty_Cor_001 34 EFTA00235460 To *Jay Letitowite co ill 'Weinberg' <osorrtgeorkinetattnet>, wSAR-ScArnallirniliGarcia. bcc Subject RE: Epstein agreement as reviewed by the U.S. Adorns, Hi Jay — Sorry for the delay. The U.S. Attorney had a last-minute concern, that I think I fixed (it is in the first "It Appearing" clause following the list of statutes potentially violated). After you get the green light, let's discuss the potential representative. The person I am thinking of has run a preliminary conflicts check and it looks alright. Also, to address Mr. Epstein's concern regarding the list of names, I wanted to tell you that I have compiled a list of 34 confirmed minors. There are six others, whose names we already have, who need to be interviewed by the FBI to confirm whether they were 17 or 18 at the time of their activity with Mr. Epstein. Once those interviews are completed, I can finalize the list of identified victims, which I will put in a formal document that I will maintain until the time of Mr. Epstein's sentencing. Assuming that this agreement is fine, please execute at least three copies, and send one to me by fax and the rest by FedEx. I will execute and send the copies back. Thank you. WE US_Atty_Cor_001 35 EFTA00235461 Assistant U.S. Attorney West Palm Beach, FL 33401 CSIO AMS" ®usdoj.gov> 09/24/2007 10:13 AM To "Jay Letkowitz" <Thefkowitzgdrkland.cont> cc Sub Epstein agreement as reviewed ject by the U.S. Attorney Hi Jay — Here is the agreement with Alex's edits. Thank you. US_Atty_Cor_001 36 EFTA00235462 <<070924 Epstein Non-Prosecution Agreement w Acosta edits v2.pdf>> Assistant U.S. Attorney West Palm Beach, FL 33401 W 824 Final Epstein Non-Prosecution Aoreementpdr hes been archived by user 'CommonStore/IT/Kirldend-Elnet on.. '11,26/2007 01:22;05% >>> US_Atty_Cor_001 37 EFTA00235463 IN RE: INVESTIGATION OF JEFFREY EPSTEIN NON-PROSECUTION AGREEMENT IT APPEARING that the City of Palm Beach Police Department and the State Attorney's Office for the 15th Judicial Circuit in and for Palm Beach County (hereinafter, the "State Attorney's Office") have conducted an investigation into the conduct of Jeffrey Epstein (hereinafter "Epstein"); IT APPEARING that the State Attorney's Office has charged Epstein by indictment with solicitation of prostitution, in violation of Florida Statutes Section 796.07; IT APPEARING that the United States Attorney's Office and the Federal Bureau of Investigation have conducted their own investigation into Epstein's background and any offenses that may have been committed by Epstein against the United States from in or around 2001 through in or around September 2007, including: (1) knowingly and willfully conspiring with others known and unknown to commit an offense against the United States, that is, to use a facility or means of interstate or foreign commerce to knowingly persuade, induce, or entice minor females to engage in prostitution, in violation of Title 18, United States Code, Section 2422(b); all in violation of Title 18, United States Code, Section 371; (2) knowingly and willfully conspiring with others known and unknown to travel in interstate commerce for the purpose of engaging in illicit sexual conduct, as defined in 18 U.S.C. § 2423(f), with minor females, in violation of Title 18, United States Code, Section 2423(b); all in violation of Title 18, United States Code, Section 2423(e); (3) using a facility or means of interstate or foreign commerce to knowingly persuade, induce, or entice minor females to engage in prostitution; in violation of Title 18, United States Code, Sections 2422(b) and 2; (4) traveling in interstate commerce for the purpose of engaging in illicit sexual conduct, as defined in 18 U.S.C. § 2423(i), with minor females; in violation Page 1 of 7 US_Atty_Cor_001 38 EFTA00235464 of Title 18, United States Code, Section 2423(b); and (5) knowingly, in and affect►ng interstate and foreign commerce, recruiting, enticing, and obtaining by any means a person, knowing that the person had not attained the age of 18 years and would be caused to engage in a commercial sex act as defined in 18 U.S.C. § 1591(c)(1); in violation of Title 18, United States Code, Sections 1591(a)(1) and 2; and IT APPEARING that Epstein seeks to resolve globally his state and federal criminal liability and Epstein understands and acknowledges that, in exchange for the benefits provided by this agreement, he agrees to comply with its terms, including undertaking certain actions with the State Attorney's Office; IT APPEARING, after an investigation of the offenses and Epstein's background by both State and Federal law enforcement agencies, and after due consultation with the State Attorney's Office, that the interests of the United States, the State of Florida, and the Defendant will be served by the following procedure; THEREFORE, on the authority of R. Alexander Acosta, United States Attorney for the Southern District of Florida, prosecution in this District for these offenses shall be deferred in favor of prosecution by the State of Florida, provided that Epstein abides by the following conditions and the requirements of this Agreement set forth below. If the United States Attorney should determine, based on reliable evidence, that, during the period of the Agreement, Epstein willfully violated any of the conditions of this Agreement, then the United States Attorney may, within ninety (90) days following the expiration of the term of home confinement discussed below, provide Epstein with timely notice specifying the condition(s) of the Agreement that he has violated, and shall initiate its prosecution on any offense within sixty (60) days' of giving notice of the violation. Any notice provided to Epstein pursuant to this paragraph shall be provided within 60 days of the United States learning of facts which may provide a basis for a determination of a breach of the Agreement. After timely fulfilling all the terms and conditions of the Agreement, no prosecution for the offenses set out on pages 1 and 2 of this Agreement, nor any other offenses that have been the subject of the joint investigation by the Federal Bureau of Investigation and the United States Attorney's Office, nor any offenses that arose from the Federal Grand Jury investigation will be instituted in this District, and the charges against Epstein if any, will be dismissed. Page 2 of 7 US_Atty_Cor_001 39 EFTA00235465 Terms of the Agreement: 1. Epstein shall plead guilty (not nob contendere) to the Indictment as currently pending against him in the 15th Judicial Circuit in and for Palm Beach County (Case No. 2006-cf-009495AXXXMS) charging one (1) count of solicitation of prostitution, in violation of Fl. Stat. § 796.07. In addition, Epstein shall plead guilty to an Information filed by the State Attorney's Office charging Epstein with an offense that requires him to register as a sex offender, that is, the solicitation of minors to engage in prostitution, in violation of Florida Statutes Section 796.03; 2. Epstein shall make a binding recommendation that the Court impose a thirty (30) month sentence to be divided as follows: (a) Epstein shall be sentenced to consecutive terms of twelve (12) months and six (6) months in county jail for all charges, without any opportunity for withholding adjudication or sentencing, and without probation or community control in lieu of imprisonment; and (b) Epstein shall be sentenced to a term of twelve (12) months of community control consecutive to his two terms in county jail as described in Term 2(a), supra. 3. This agreement is contingent upon a Judge of the 15th Judicial Circuit accepting and executing the sentence agreed upon between the State Attorney's Office and Epstein, the details of which are set forth in this agreement. 4. The terms contained in paragraphs 1 and 2, supra, do not foreclose Epstein and the State Attorney's Office from agreeing to recommend any additional charge(s) or any additional term(s) of probation and/or incarceration. 5. Epstein shall waive all challenges to the Information filed by the State Attorney's Office and shall waive the right to appeal his conviction and sentence. 6. Epstein shall provide to the U.S. Attorney's Office copies of all proposed agreements with the State Attorney's Office prior to entering Page 3 of 7 US_Atty_Cor_00140 EFTA00235466 into those agreements. 7. The United States shall provide Epstein's attorneys with a list of individuals whom it has identified as victims, as defined in 18 U.S.C. § 2255, after Epstein has signed this agreement and been sentenced. Upon the execution of this agreement, the United States, in consultation with and subject to the good faith approval of Epstein's counsel, shall select an attorney representative for these persons, who shall be paid for by Epstein. Epstein's counsel may contact the identified individuals through that representative. 8. If any of the individuals referred to in paragraph (7), supra, elects to file suit pursuant to 18 U.S.C. § 2255, Epstein will not contest the jurisdiction of the United States District Court for the Southern District of Florida over his person and/or the subject matter, and Epstein waives his right to contest liability and also waives his right to contest damages up to an amount as agreed to between the identified individual and Epstein, so long as the identified individual elects to proceed exclusively under 18 U.S.C. § 2255, and agrees to waive any other claim for damages, whether pursuant to state, federal, or common law. Notwithstanding this waiver, as to those individuals whose names appear on the list provided by the United States, Epstein's signature on this agreement, his waivers and failures to contest liability and such damages in any suit are not to be construed as an admission of any criminal or civil liability. 9. Epstein's signature on this agreement also is not to be construed as an admission of civil or criminal liability or a waiver of any jurisdictional or other defense as to any person whose name does not appear on the list provided by the United States. 10. Except as set forth in paragraph (8), supra, neither Epstein's signature on this agreement, nor its terms, nor any resulting waivers or settlements by Epstein are to be construed as admissions or evidence of civil or criminal liability or a waiver of any jurisdictional or other defense as to any person, whether or not her name appears on the list provided by the United States. A , 11. Epstein shall use his best efforts to enter his guilty plea and be sentenced not later than October 26, 2007. The United States has no objection to Epstein self-reporting to begin serving his sentence not Page 4 of 7 US_Atty_Cor_00141 EFTA00235467 later than January 4, 2008. 12. Epstein agrees that he will not be afforded any benefits with respect to gain time, other than the rights, opportunities, and benefits as any other inmate, including but not limited to, eligibility for gain time credit based on standard rules and regulations that apply in the State of Florida. At the United States' request, Epstein agrees to provide an accounting of the gain time he earned during his period of incarceration. 13. The parties anticipate that this agreement will not be made part of any public record. If the United States receives a Freedom of Information Act request or any compulsory process commanding the disclosure of the agreement, it will provide notice to Epstein before making that disclosure. - Epstein understands that the United States Attorney has no authority to require the State Attorney's Office to abide by any terms of this agreement Epstein understands that it is his obligation to undertake discussions with the State Attorney's Office and to use his best efforts to ensure compliance with these procedures, which compliance will be necessary to satisfy the United States' interest. Epstein also understands that it is his obligation to use his best efforts to convince the Judge of the 15th Judicial Circuit to accept Epstein's binding recommendation regarding the sentence to be imposed, and understands that the failure to do so will be a breach of the agreement. In consideration of Epstein's agreement to plead guilty and to provide compensation in the manner described above, if Epstein successfully fulfills all of the terms and conditions of this agreement, the United States also agrees that it will not institute any cri ' tential co-conspirat • • ding but not limited to , Lesley Groff; or Further, upon execution of this agreement and a plea agreement with the State Attorney's Office, the federal Grand Jury investigation will be suspended, and all pending federal Grand Jury subpoenas will be held in abeyance unless and until the defendant violates any term of this agreement The defendant likewise agrees to withdraw his pending motion to intervene and to quash certain grand jury subpoenas. Both parties agree to maintain their evidence, specifically evidence requested by or directly related to the grand jury subpoenas that have been issued, and including certain computer equipment, inviolate until all of the terms of this agreement have been satisfied. Upon the successful completion of the terms of this agreement, all outstanding grand jury subpoenas shall be deemed withdrawn. By signing this agreement, Epstein asserts and certifies that each of these terms is Page 5 of 7 US_Atty_Cor_00142 EFTA00235468 material to this agreement and is supported by independent consideration and that a breach of any one of these conditions allows the United States to elect to terminate the agreement and to investigate and prosecute Epstein and any other individual or entity for any and all federal offenses. By signing this agreement, Epstein asserts and certifies that he is aware of the fact that the Sixth Amendment to the Constitution of the United States provides that in all criminal prosecutions the accused shall enjoy the right to a speedy and public trial. Epstein further is aware that Rule 48(b) of the Federal Rules of Criminal Procedure provides that the Court may dismiss an indictment, information, or complaint for unnecessary delay in presenting a charge to the Grand Jury, filing an information, or in bringing a defendant to trial. Epstein hereby requests that the United States Attorney for the Southern District ofFlorida defer such prosecution. Epstein agrees and consents that any delay from the date of this Agreement to the date of initiation of prosecution, as provided for in the terms expressed herein, shall be deemed to be a necessary delay at his own request, and he hereby waives any defense to such prosecution on the ground that such delay operated to deny him rights under Rule 48(b) of the Federal Rules of Criminal Procedure and the Sixth Amendment to the Constitution of the United States to a speedy trial or to bar the prosecution by reason of the running of the statute of limitations for a period of months equal to the period between the signing of this agreement and the breach of this agreement as to those offenses that were the subject of the grand jury's investigation. Epstein further asserts and certifies that he understands that the Fifth Amendment and Rule 7(a) of the Federal Rules of Criminal Procedure provide that all felonies must be charged in an indictment presented to a grand jury. Epstein hereby agrees and consents that, if a prosecution against him is instituted for any offense that was the subject of the grand jury's investigation, it may be by way of an Information signed and filed by the United States Attorney, and hereby waives his right to be indicted by a grand jury as to any such offense. //I /I/ Page 6 of 7 US_Atty_Cor_00143 EFTA00235469 By signing this agreement, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he understands the conditions of this Non- Prosecution Agreement and agrees to comply with them. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Dated: By: ASSISTANT U.S. ATTORNEY Dated: Dated: Dated: JEFFREY EPSTEIN GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN LILLY IIKSANCHEZ, ESQ. ATTORNEY FOR JEFFREY EPSTEIN Page 7 of 7 US_Atty_Cor_00144 EFTA00235470 09/24/2007 02:16 PM To "Jay Lefkowite cc bcc Subject The final final <<070924 Final Epstein Non-Prosecution Agrees ent.pcle>> Assistant U.S. Attorney West Palm Beach, FL 33401 M070924 Final Epstein Non•Prosecution Agreement.pcif US_Atty_Cor_00145 EFTA00235471 IN RE: INVESTIGATION OF JEFFREY EPSTEIN 1101LEROSECOMAGILEEMENI IT APPEARING that the City of Palm Beach Police Department and the State Attorney's Office for the 15th Judicial Circuit in and for Palm Beach County (hereinafter, the "State Attorney's Office") have conducted an investigation into the conduct of Jeffrey Epstein (hereinafter "Epstein"); IT APPEARING that the State Attorney's Office has charged Epstein by indictment with solicitation of prostitution, in violation of Florida Statutes Section 796.07; IT APPEARING that the United States Attorney's Office and the Federal Bureau of Investigation have conducted their own investigation into Epstein's background and any offenses that may have been committed by Epstein against the United States from in or around 2001 through in or around September 2007, including: (1) knowingly and willfully conspiring with others known and unknown to commit an offense against the United States, that is, to use a facility or means of interstate or foreign commerce to knowingly persuade, induce, or entice minor females to engage in prostitution, in violation of Title 18, United States Code, Section 2422(b); all in violation of Title 18, United States Code, Section 371; (2) knowingly and willfully conspiring with others known and unknown to travel in interstate commerce for the purpose of engaging in illicit sexual conduct, as defined in 18 U.S.C. § 2423(f), with minor females, in violation of Title 18, United States Code, Section 2423(b); all in violation of Title 18, United States Code, Section 2423(e); (3) using a facility or means of interstate or foreign commerce to knowingly persuade, induce, or entice minor females to engage in prostitution; in violation of Title 18, United States Code, Sections 2422(b) and 2; (4) traveling in interstate commerce for the purpose of engaging in illicit sexual conduct, as defined in 18 U.S.C. § 2423O1 with minor females; in violation Page 1 of 7 US_Atty_Cor_00146 EFTA00235472 of Title 18, United States Code, Section 2423(b); and (5) knowingly, in and affecting interstate and foreign commerce, recruiting, enticing, and obtaining by any means a person, knowing that the person had not attained the age of 18 years and would be caused to engage in a commercial sex act as defined in 18 U.S.C. § 1591(c)(1); in violation of Title 18, United States Code, Sections 1591(a)(1) and 2; and IT APPEARING that Epstein seeks to resolve globally his state and federal criminal liability and Fpstein understands and acknowledges that, in exchange for the benefits provided by this agreement, he agrees to comply with its terms, including undertaking certain actions with the State Attorney's Office; IT APPEARING, after an investigation of the offenses and Epstein's background by both State and Federal law enforcement agencies, and after due consultation with the State Attorney's Office, that the interests of the United States, the State of Florida, and the Defendant will be served by the following procedure; THEREFORE, on the authority of R. Alexander Acosta, United States Attorney for the Southern District of Florida, prosecution in this District for these offenses shall be deferred in favor of prosecution by the State of Florida, provided that Epstein abides by the following conditions and the requirements of this Agreement set forth below. If the United States Attorney should determine, based on reliable evidence, that, during the period of the Agreement, Epstein willfully violated any of the conditions of this Agreement, then the United States Attorney may, within ninety (90) days following the expiration of the term of home confinement discussed below, provide Epstein with timely notice specifying the condition(s) of the Agreement that he has violated, and shall initiate its prosecution on any offense within sixty (60) days' of giving notice of the violation. Any notice provided to Epstein pursuant to this paragraph shall be provided within 60 days of the United States learning of facts which may provide a basis for a determination of a breach of the Agreement. After timely fulfilling all the terms and conditions of the Agreement, no prosecution for the offenses set out on pages 1 and 2 of this Agreement, nor any other offenses that have been the subject of the joint investigation by the Federal Bureau of Investigation and the United States Attorney's Office, nor any offenses that arose from the Federal Grand Jury investigation will be instituted in this District, and the charges against Epstein if any, will be dismissed. Page 2 of 7 US_Atty_Cor_00147 EFTA00235473 Terms of the Agreement 1. Epstein shall plead guilty (not nolo contendere) to the Indictment as currently pending against him in the 15th Judicial Circuit in and for Palm Beach County (Case No. 2006-cf-009495AXXXMB) charging one (1) count of solicitation of prostitution, in violation of Fl. Stat. § 796.07. In addition, Epstein shall plead guilty to an Information filed by the State Attorney's Office charging Epstein with an offense that requires him to register as a sex offender, that is, the solicitation of minors to engage in prostitution, in violation of Florida Statutes Section 796.03; 2. Epstein shall make a binding recommendation that the Court impose a thirty (30) month sentence to be divided as follows: a (a) Epstein shall be sentenced to consecutive teens of twelve (12) months and six (6) months in county jail for all charges, without any opportunity for withholding adjudication or sentencing, and without probation or community control in lieu of imprisonment; and (b) Epstein shall be sentenced to a term of twelve (12) months of community control consecutive to his two terms in county jail as described in Term 2(a), supra. 3. This agreement is contingent upon a Judge of the 15th Judicial Circuit accepting and executing the sentence agreed upon between the State Attorney's Office and Epstein, the details of which are set forth in this agreement. 4. The terms contained in paragraphs 1 and 2, supra, do not foreclose Epstein and the State Attorney's Office from agreeing to recommend any additional charge(s) or any additional term(s) of probation and/or incarceration. 5. Epstein shall waive all challenges to the Information filed by the State Attorney's Office and shall waive the right to appeal his conviction and sentence, except a sentence that exceeds what is set forth in paragraph (2), supra. 6. Epstein shall provide to the U.S. Attorney's Office copies of all Page 3 of 7 US_Atty_Cor_00148 EFTA00235474 proposed agreements with the State Attorney's Office prior to entering into those agreements. 7. The United States shall provide Epstein's attorneys with a list of individuals whom it has identified as victims, as defined in 18 U.S.C. § 2255, after Epstein has signed this agreement and been sentenced. Upon the execution of this agreement, the United States, in consultation with and subject to the good faith approval of Epstein's counsel, shall select an attorney representative for these persons, who shall be paid for by Epstein. Epstein's counsel may contact the identified individuals through that representative. 8. If any of the individuals referred to in paragraph (7), supra, elects to file suit pursuant to 18 U.S.C. § 2255, Epstein will not contest the jurisdiction of the United States District Court for the Southern District ofFlorida over his person and/or the subject matter, and Epstein waives his right to contest liability and also waives his right to contest damages up to an amount as agreed to between the identified individual and Epstein, so long as the identified individual elects to proceed exclusively under 18 U.S.C. § 2255, and agrees to waive any other claim for damages, whether pursuant to state, federal, or common law. Notwithstanding this waiver, as to those individuals whose names appear on the list provided by the United States, Epstein's signature on this agreement, his waivers and failures to contest liability and such damages in any suit are not to be construed as an admission of any criminal or civil liability. 9. Epstein's signature on this agreement also is not to be construed as an admission of civil or criminal liability or a waiver of any jurisdictional or other defense as to any person whose name does not appear on the list provided by the United States. 10. Except as to those individuals who elect to proceed exclusively under 18 U.S.C. § 2255, as set forth in paragraph (8), supra, neither Epstein's signature on this agreement, nor its terms, nor any resulting waivers or settlements by Epstein are to be construed as admissions or evidence of civil or criminal liability or a waiver of any jurisdictional or other defense as to any person, whether or not her name appears on the list provided by the United States. 11. Epstein shall use his best efforts to enter his guilty plea and be Page 4 of 7 US_Atty_Cor_00149 EFTA00235475 sentenced not later than October 26, 2007. The United States has no objection to Epstein self-reporting to begin serving his sentence not later than January 4, 2008. 12. Epstein agrees that he will not be afforded any benefits with respect to gain time, other than the rights, opportunities, and benefits as any other inmate, including but not limited to, eligibility for gain time credit based on standard rules and regulations that apply in the State of Florida. At the United States' request, Epstein agrees to provide an accounting of the gain time he earned during his period of incarceration. 13. The parties anticipate that this agreement will not be made part of any public record. If the United States receives a Freedom of Information Act request or any compulsory process commanding the disclosure of the agreement, it will provide notice to Epstein before making that disclosure. Epstein understands that the United States Attorney has no authority to require the State Attorney's Office to abide by any terms of this agreement. Epstein understands that it is his obligation to undertake discussions with the State Attorney's Office and to use his best efforts to ensure compliance with these procedures, which compliance will be necessary to satisfy the United States' Interest. Epstein also understands that it is his obligation to use his best efforts to convince the Judge of the 15th Judicial Circuit to accept Epstein's binding recommendation regarding the sentence to be imposed, and understands that the failure to do so will be a breach of the agreement. In consideration of Epstein's agreement to plead guilty and to provide compensation in the manner described above, if Epstein successfully fulfills all of the terms and conditions of this agreement, the United States also agrees that it will not institute any criminal charges irsaiitential co-conspirators of E ate' including but not limited to Lesley Groff or Further, upon execution o s agreement and a plea agreement with State Attorney's Office, the federal Grand Jury investigation will be suspended, and all pending federal Grand Jury subpoenas wilt be held in abeyance unless and until the defendant violates any term of this agreement. The defendant likewise agrees to withdraw his pending motion to intervene and to quash certain grand jury subpoenas. Both parties agree to maintain their evidence, specifically evidence requested by or directly related to the grand jury subpoenas that have been issued, and including certain computer equipment, inviolate until all of the terms of this agreement have been satisfied. Upon the successful completion of the terms of this agreement, all outstanding grand jury subpoenas shall be deemed withdrawn. Page 5 of 7 US_Atty_Cor_001 50 EFTA00235476 By signing this agreement, Epstein asserts and certifies that each of these terms is material to this agreement and is supported by independent consideration and that a breach of any one of these conditions allows the United States to elect to terminate the agreement and to investigate and prosecute Epstein and any other individual or entity for any and all federal offenses. By signing this agreement, Epstein asserts and certifies that he is aware of the fact that the Sixth Amendment to the Constitution of the United States provides that in all criminal prosecutions the accused shall enjoy the right to a speedy and public trial. Epstein further is aware that Rule 48(b) of the Federal Rules of Criminal Procedure provides that the Court may dismiss an indictment, information, or complaint for unnecessary delay in presenting a charge to the Grand Jury, filing an information, or in bringing a defendant to trial. Epstein hereby requests that the United States Attorney for the Southern District ofFlorida defer such prosecution. Epstein agrees and consents that any delay from the date of this Agreement to the date of initiation of prosecution, as provided for in the terms expressed herein, shall be deemed to be a necessary delay at his own request, and he hereby waives any defense to such prosecution on the ground that such delay operated to deny him rights under Rule 48(b) of the Federal Rules of Criminal Procedure and the Sixth Amendment to the Constitution of the United States to a speedy trial or to bar the prosecution by reason of the running of the statute of limitations for a period of months equal to the period between the signing of this agreement and the breach of this agreement as to those offenses that were the subject of the grand jury's investigation. Epstein further asserts and certifies that he understands that the Fifth Amendment and Rule 7(a) of the Federal Rules of Criminal Procedure provide that all felonies must be charged in an indictment presented to a grand jury. Epstein hereby agrees and consents that, if a prosecution against him is instituted for any offense that was the subject of the grand jury's investigation, it may be by way of an Information signed and filed by the United States Attorney, and hereby waives his right to be indicted by a grand jury as to any such offense. /// /// Page 6 of 7 US_Atty_Cor_001 51 EFTA00235477 By signing this agreement, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he understands the conditions of this Non- Prosecution Agreement and agrees to comply with them. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Dated: By: Dated: Dated: Dated: VILLAFARA ASSISTANT U.S. ATTORNEY JEFFREY EPSTEIN GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN LILLY. SANCHEZ, ESQ. ATTO FOR ibil.REY EPSTEIN Page 7 of 7 US_Atty_Cor_001 52 EFTA00235478 CI= J.gov). 09O4/2007 04:34 PM Subject RE: Do you have a signed copy? To cc bcc 'Jay Lefkovdtz" < nk you, . I have forwarded your message only to Alex, and I don't anticipate it going any further than t at. When rece e the originals, I will sign and return one copy to you. The other will be placed in the case file, which will be kept confidential since it also contains identifying Information about the girls. When we reach an agreement about the attorney representative for the girls, we can discuss what I can tell him and the girls about the agreement. I know that promised Chief Reiter an update when a resolution was achiev . (Something I wouldn't have pro i in light of what happened last year.) is calling, but knows not to tell Chief Reiter abou e money issue, just a w t crimes Mr. Epstein is plead' uilty to and the amount of time that has been agreed to. also is telling Chief Reiter not to disclose the outcome to anyone. Mir tie .1.11111.161,FISi • 09/242007 04:04 PM To"Jay Leficovnte 4.ilefkowitzgkirkland.com> cc SubjectDo you nave a signed copy? Hi Jay - Sony to be a bother, but do you have a copy that at least contains Mr. Epstein's signature? I need to pass it along to the powers that be. Thanks. US_Atty_Cor_001 53 EFTA00235479 (73 a NMatene, To "Jay Letkowat citeflcowaz@kirkland.cot cc bcc 08/25/2007 08:36 PM Subject Other attorneys Hi Jay — These four people were recommended. I have not contacted them to find out what their rates are. All are very active in the plaintiffs' bar in the West Palm area. Ted Babbitt would be my first choice of these four but I think be is conflicted out because one of his partners is married to an AUSA here. Stuart Grossman is probably my second choice. Ted Babbitt — httpfiwww,babbitt-iohnson.comilhabbittihttul Stuart Grossman — htto;//www.arossmanandroth.com/sgrossrnan.htm Chris Searcy — httrd/www.searcvlaw.com/CHRISTIANDSEARCY/tabid/935/def ault.aspx Lake Lytal, Jr. http://wwwivtalreiter.comfmclex.olip?page id=37 Talk to Jack Goldberger about this group. They are all very good personal injury lawyers, but I have concerns about whether there would be an inherent tension because they may feel that THEY might make more money (and get a lot more press coverage) if they proceed outside the terms of the plea agreement (Sorry — I just have a bias against plaintiffs' attorneys.) One nice thing about • Bert is that he is in Miami where there has been almost no coverage of this case. Just so you know, I have never met Bert, but a good friend in our appellate section and one of the district judges in Miami are good friends with him and recommended him. Can you let me know tomorrow? lam going to be out for a while starting on Friday, and I would like to get this underway before I leave. Thank you. US_Atty_Cor_001 54 EFTA00235480 Assistant U.S. Attorney West Palm Beach, FL 33401 US_Atty_Cor_001 55 EFTA00235481 MIWong. To "Jay LotkovAte cc bce SubOM Conference call WW' 09/25/200712:11 PM Hi Jay — Have you approved Mr. Ocariz as the girls' representative? And can we have a conference call to discuss what I may disclose to him and to the girls regarding the agreement? Thank you. Assistant U.S. Attorney West Palm Beach, FL 33401 f." US_Atty_Cor_001 56 EFTA00235482 Stuart Grossman — http://www.grossmanandroth.com/sgrossman.hgu Chris Searcy — httve//www.searcvlaw.com/CHRJSTIANASEARCY/tabld/935/def aultasnx Lake Lytal, Jr. — http://www.lvtakeiter.com/indeLphffinage idr=37 Talk to Jack Goldberger about this group. They are all very good personal injury lawyers, but I have concerns about whether there would be an inherent tension because they may feel that THEY might make more money (and get a lot more press coverage) if they proceed outside the terms of the plea agreement- (Sorry — I just have a bias against plaintiffs' attorneys.) One nice thing about Bert is that he is in Miami where there has been almost no coverage of this case. Just so you know, I have never met Bert, but a good friend in our appellate section and one of the district judges in Miami are good friends with him and recommended him. Can you let me know tomorrow? I am going to be out for a while starting on Friday, and I would like to get this underway before I leave. Thank you. Assistant U.S. Attorney West Palm Beach, FL 33401 US_Atty_Cor_001 57 EFTA00235483 W— 1U:a 4 lieISMS 09/26/200711O3 Ml To "Jay Lefitowitc" cilmikowitzakirkland.col cc bcc Subject One more thing WIWI/ Hi Jay — Did you send me the original signed agreement? 1 would like to sign that copy and return copies to you. Thank you. Assistant U.S. Attorney West Palm Beach, FL 33401 US_Atty_Cor_001 58 EFTA00235484 Made C. undo Wort 09/26/2007 11:49 AM To "Jey Leftist' <JLetkowitzekinstend.ca cc bcc Subject RE: One more thing Hi Jay — Meaning no disrespect to these distinguished gentlemen, one of my criteria is that, if negotiations with you don't work out, they have the stamina to take you all to trial, so 1 politely decline your suggestion. s t U. . Attorney as • a SAELST Sent: 09/26/2007 11:03 AM AST To: Jay Lelkowitz Subject: One more thing Hi Jay — Did you send me the original signed agreement? I would like to sign that copy and return copies to you. Thank you. I Assistant U.S. Attorney West Palm Beach, FL 33401 US_Atty_Cor_001 59 EFTA00235485 ******************************** **•**•**•**•*********• The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster®Icirkland.com, and destroy this communication and all copies thereof, including all attachments. is ***** ******************** ************ ***** ****••• ****• US_Atty_Cor_001 60 EFTA00235486 fwafoneiSI. Wow' 09/27/2007 10:52 AM To *Jay Lethowite <JLefkowitzarldrldand.coi cc bcc Subject Conference CaN with Bert Ocartz hiCti . fit: 74M • Fll Jay — Bert's firm has raised a number of good questions about how they are going to get paid and setting up a procedure that avoids any conflict of interest with their clients. Are you around today to do a conference call? Let me know what times work for you because Bert wants to get their conflicts counsel on the call with us. These are some of the questions he sent to me. I told Bert that as part of our agreement we (the federal government) are not going to indict Mr. Epstein, but gave him an idea of the charges that we had planned to bring as related to 18 USC 2255. With respect to question 2, do I have your permission to send Bert just that section of the plea agreement that applies to the damages claims (I would recommend sending paragraphs 7 through 10, or at least 7 and 8)? Can you talk with your client about items 3 and 4? I envisioned Shook Hardy sending regular bills to you, with any privileged information redacted, and being paid like every other client pays the bills. 1. Can we get a copy of the Indictment (or can you tea me the nature of the crimes against the girls)? 2. When will it be possible to see the plea agreement so that we understand exactly what Epstein concedes to in the civil case? 3. Is there any cap or other limitation on attorney's fees that the defendant will pay in the civil case? 4. What is the contemplated procedure for, and timing of, the payment of attorney's fees and costs? Villafarla US_Atty_Cor_001 61 EFTA00235487 West Palm Beach, FL 33401 Assistant L'.S. Attorney US_Atty_Cor_00162 EFTA00235488 r `Villafene,Mall To "Jay Lefkovtt" cc 1410n bcc 0927/200711:08 AM Subject RE Conference Call with Bert Ocartz Thanks, Jay. Can we make it 4:15 or later? I have a 3:30 that might run more than a half hour. And let me know about sending Bert the agreement language. That might aid our discussions because the firm will have a better idea of what the litigation will entail. Assi tl is ilis ma stan tto West Palm Beac FL 33401 Mr' es" Ori I Me — From: SAFLS)" Sent: 09/27/2007 10: 1 A To: Jay Lefkowitz Subject: Conference Call with Bert Ocariz Hi Jay — Bert's firm has raised a number of good questions about how they are going to get paid and setting up a procedure that avoids any conflict of interest with their clients. Are you around today to do a conference call? Let me know what times work for you because Bert wants to get their conflicts counsel on the call with us. These are some of the questions he sent to me. I told Bert that as US_Atty_Cor_001 63 EFTA00235489 part of our agreement we (the federal government) are not going to indict Mr. Epstein, but gave him an idea of the charges that we had planned to bring as related to 18 USC 2255. With respect to question 2, do I have your permission to send Bert just that section of the plea agreement that applies to the damages claims (I would recommend sending paragraphs 7 through 10, or at least 7 and 8)? Can you talk with your client about items 3 and 4? I envisioned Shook Hardy sending regular bills to you, with any privileged information redacted, and being paid like every other client pays the bills. 1. Can we get a copy of the indictment (or can you tell me the nature of the crimes against the girls)? 2. When will it be possible to see the plea agreement so that we understand exactly what Epstein concedes to in the chin case? 3. Is there any cap or other limitation on attorney's fees that the defendant will pay in the civil case? 4. What is the contemplated procedure for, and timing of, the paynient of attorney's fees and costs? Assistant U.S. Attorney West Palm Beach, FL 33401 The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of US_Atty_Cor_001 64 EFTA00235490 Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@lchidand.com, and destroy this communication and all copies thereof, including all attachments. *SS** 7- US_Atty_Cor_001 65 EFTA00235491 Vdlefanallallit s is smin )40Y, 09/27/2007 0.3:06 PM To 'Jay Lefkowite cc bcc Subject RE: Conference Cal with Bert °Gertz Hi Jay - I already told Bert that there is no indictment and, as I mentioned, he doesn't really need to/want to see the entire plea agreement, just the relevant paragraphs so that he understands what the scope of his representation will be. I think they would be happy knowing that their hourly rate will be paid when it is billed. The concern is, if all 40 girls decide they want to sue, they don't want to be in a situation where Mr. Epstein says this is getting too expensive, we won't pay any more attorneys' fees. Two suggestions, that I haven't run past Bert, are: 1. Mr. Epstein signs a standard fee agreement, where one of his attorneys or accountants who is not working on the damages litigation receives a monthly bill with attorney's fees charged at an hourly rate and costs billed monthly. The bills will have any privileged information redacted. If there is a dispute about a bill that cannot be resolved, it will be submitted to a mediator for resolution. 2. If that is too open-ended for Mr. Epstein, do the hourly/monthly billing until Bert has had a chance to confer with all of the girls to determine how many want him to represent them. Once it is known how many girls will be represented by Bert, and maybe who those girls are, there can be a more educated discussion about estimated fees and costs. Just some food for thought. I will be out of the office tomorrow, but I will be reachable by cell phone. I will make sure Bert is available and confirm the time with you. 33401 US_Atty_Cor_001 66 EFTA00235492 1111.111C 11111.111.11111101S 1 11111r dissamsese Nimun aise . (USAFLS)" sdoj. gov] Sent 09/27/2007 10:51 AM AST To: Jay LetkowItz Subject: Conference Call with Bert Ocariz Hi Jay — Bert's firm has raised a number of good questions about how they are going to get paid and setting up a procedure that avoids any conflict of interest with their clients. Are you around today to do a conference call? Let me know what times work for you because Bert wants to get their conflicts counsel on the call with us. US_Atty_Cor_001 67 EFTA00235493 r- These are some of the questions he sent to me. I told Bert that as part of our agreement we (the federal government) are not going to indict Mr. Epstein, but gave him an idea of the charges that we had planned to bring as related to 18 USC 2255. With respect to question 2, do I have your permission to send Bert just that section of the plea agreement that applies to the damages claims (I would recommend sending paragraphs 7 through 10, or at least 7 and 8)? Can you talk with your client about Items 3 and 47 I envisioned Shook Hardy sending regular bills to you, with any privileged information redacted, and being paid like every other client pays the bills. 1. Can we get a copy of the Indictment (or can you ten me the nature of the crimes against the girls)? 2. When will It be possible to see the plea agreement so that we understand exactly what Epstein concedes to in the civil case? 3. Is there any cap or other limitation on attorney's fees that the defendant will pay In the civil case? 4. What Is the contemplated procedure for, and timing of, the payment of attorney's fees and costs? Assistant U.S. Attorney West Palm Beach, FL 33401 *********************** ****** **********************•• • The information contained in this communication is confidential, may be attorney-client privileged, may US_Atty_Cor_001 68 EFTA00235494 constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmastengldrldand.com, and destroy this communication and all copies thereof, including all attachments. ....• a US_Atty_Cor_00 1 69 EFTA00235495 1•90v> OB/27/2007 05:11 PM To "Jay Lefkowitz° <JLetkowb.@kirldand.coi cc bcc &Med Can you give me a car Hi Jay — Can you give me a quick ring. Thanks. Vlllajalla Assistant U.S. Attorney West Palm Beach, FL 33401 US_Atty_Cor_001 70 EFTA00235496 To "Jay Lefka.vite < cc bec Subject Re: Hi Jay 'haven't been able to access my e-mail until now. I am free until 10:00, then at 1:00, then at 5:00. Would any of those work for you? -- Original Message --- Original Message --- °es =me laimmarom was US_Atty_Cor_001 71 EFTA00235497 The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments. • *****•*******************************•************* ***fig** US_Atty_Cor_001 72 EFTA00235498 lAMMentelll Marla C. u .gov> 1O/O3/2OO7 O3:15 PM Hi Jay -- This afternoon is fine. Here is the memo that I put together. Just let me know whore I should call you at 4:0O. Thanks. MOM Assistant U.S. Attorney To "JayLefkowitt<Aefkowkrakirkland.com> cc bct Subject RE: Original Message The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return.e-mail or.by e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments. «< Attachment locial Master Proposal.wne has been archived by u”r 'CommonStore/1171(Irkland-Ellis' on '12/04/2007 00:49:45'. >>> US_Atty_Cor_001 73 EFTA00235499 PROPOSAL FOR PROCEEDING ONCE ATTORNEY LS SELECTED 1. Provide selected attorney with: a. a copy of the relevant portion of the Non-Prosecution Agreement b. the names and contact information for the identified victims; and c. a retainer agreement. i. The retainer agreement will provide for the monthly billing of fees at an hourly rate and monthly expenses. a ii. The billing statements will be sent to and paid by an attorney or accountant not involved in the damages litigation, and will not be made available to any person or fum involved in the damages litigation. iii. Billing statements will have privileged and work product information redacted. iv. Disputes regarding fees will be referred to a Special Master (perhaps the Special Master who selected the attorney). 2. The agents and I will contact The girls individually to inform them of the resolution of the case, including the selection of an attorney to represent them, if they so choose. I will provide them with the name and telephone number of the attorney and also let them know that the attorney will be contacting them. 3. The selected attorney will contact each victim and review with her the facts of her case and the options that she has, namely: a. selecting another attorney and handling everything through that attorney; b. attempting to reach an agreement with Mr. Epstein for an amount of damages pursuant to 18 U.S.C. § 2255; c. filing suit seeking other state and/or federal damages or restitution; and US_Atty_Cor_001 74 EFTA00235500 PROPOSAL FOR SELECTION OF ATTORNEY TO REPRESENT VICTIMS 1. Select a Special Master. 2. Provide the Special Master with: a. a joint list containing the names of five attorneys; b. a joint statement of relevant facts regarding the case; c. each party's list of criteria; d. a copy of the relevant portion of the Non-Prosecution Agreement (discussing the role of the attorney for the victims); and e. a proposed retainer agreement. 3. Each attorney on the list can provide the Special Master with information regarding his/her experience, firm size, etc. 4. The Special Master can interview any or all of the attorneys as the Special Master deems appropriate. 5. The Special Master will provide us with the top three choices (in order). The first attorney will be contacted and a conflicts check will be run. If there is a conflict in representation, the second attorney will be contacted, etc. US_Atty_Cor_001 75 EFTA00235501 d. not seeking any money damages from Mr. Epstein. 4. If the specific victim selects option (3Xb), the selected attorney will contact counsel for Mr. Epstein to negotiate a settlement amount and the terms of that settlement. 5. If the specific victim selects option (3)(b) and the parties are unable to reach an agreement regarding a settlement amount, then the victim can: a. ask the selected attorney to file suit in the U.S. District Court for the Southern District of Florida, pursuant to 18 U.S.C. § 2255; or b. file suit in state or federal court pursuing damages under any state or federal remedy. 6. If the specific victim selects option (5Xa), the representation of the victim by the selected attorney will continue using the same monthly billing and payment system contained in the retainer agreement 7. If the specified victim selects option (5)(b), Mr. Epstein will have no further obligation to pay the attorney, except as ordered by the Court hearing the suit. US_Atty_Cor_001 76 EFTA00235502 10/03/2007 03:38 PM To "Jay Lelkowke <Jlefkowezerdedend.cm cc bcc Subject RE: That is fine. I'm sorry I didn't get your e-mail sooner. Since I am out of the office, the best way to reach me is on my cell, or you can send an e-mail (which becomes a text message) to 56160123018cingularme.com Tomorrow I am available early in the morning (7:00 to 7:45), or at 8:30, or at 5:00, or after 6:45. Thanks. -----Or' al Messa e WIM P Ori final Message From: " . (USAFLS)• ( Sent: : To: Jay Lefkowitz Subject: RE: Hi Jay -- This afternoon is fine. Here is the memo that I put together. Just let me know where I should call you at 4:00. Thanks. RilitIPPWorney US_Atty_Cor_001 77 EFTA00235503 - - - - -Ori inal Message ****** ***** *********** **** ******** ** ******** ********** ***** The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland I. Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments. * * * * The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland 4 Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments. * * * * * US_Atty_Cor_001 78 EFTA00235504 To 'Jay LeOcowtte <JLelkovAteOldridend.coo (USAFLS " cc bcc 10/03/2007 07:31 PM Subject RE: Proposed Letter to Special Master Hi Jay -- That was simply a draft for discussion purposes. I am hoping that we will send such a letter jointly, once we have finalized the process and pick a master. Thanks. re a inIMI A S) FL " 10/03/2007 04:24 PM To "Jay Lefkowitz• cc Subject Proposed Letter to Special Master Hi Jay - To move things along, I also have enclosed the proposed text of a letter to the Special Master. «PROPOSED Letter to Special Master.pdf» Villafana Assistant U.S. Attorney US_Atty_Cor_001 79 EFTA00235505 o r MI= Jr 10/05/2007 07:48 AM To "JayLalkovAtt<JL•fltovitsOkirktand.cot cc bcc Subject RE: Proposed Letter to Special Master Good morning, Jay. We need to resolve the attorney issue today. It has been weeks since execution of the contract, and there is no need for further delay. As far as the five attorney names that we will be providing, I propose Bert Ocariz, Katherine Ezell at Podhurst Orseck, Stuart Grossman, Ed Rogers, and Walter Cobath. If you would like to use the same Special Master to resolve fees disputes as well as to handle the selection of the attorney, I would recommend that we use retired 11th circuit Judge Joseph Hatchett instead of Judge Davis because of Judge Davis's health problems. (No one has contacted Judge Hatchett yet, but one of the District Judges in Miami mentioned him as a good choice.) I am available for a conference call between 9:00 and 10:00, and between 3:15 and 6:00. Please call me on my cell ) and let me know which of those times works best for you. Thank you. 1111.111 - al at li)" 10/03/2007 04:24 PM To "Jay Lefkowitz' cal=EIMMI> US_Atty_Cor_001 80 EFTA00235506 cc Subject Proposed Letter to Special Master Hi Jay - To move things along, I also have enclosed the proposed text of a letter to the Special Master. <<PROPOSED Letter to Special Master.pdf>> Assistant U.S. Attorney Fax 561 820-8777 US_Atty_Cor_001 81 EFTA00235507 Pao Jr 10/092001 04:47 PM To "Jay Lefkowitz" <JLefkowitz@kirkland.cou cc bcc Subject RE: Proposed Letter to Special Master Jay -- I will call In at 5:30. S . USAFLS)" 10/05/2007 07:48 AM To "Jay Lefkowitz" caMEMEI=ME> cc Subject RE: Proposed Letter to Special Master US_Atty_Cor_001 82 EFTA00235508 Good morning, Jay. We need to resolve the attorney issue today. It has been weeks since execution of the contract, and there is no need for further delay. As far as the five attorney names that we will be providing, I propose Bert Ocariz, Katherine Ezell at Podhurst Orseck, Stuart Grossman, Ed Rogers, and Walter Cobath. If you would like to use the same Special Master to resolve fees, disputes as well as to handle the selection of the attorney, I would recommend that we use retired 11th Circuit Judge Joseph Hatchett instead of Judge Davis because of Judge Davis's health problems. (No one has contacted Judge Hatchett yet, but one of the District Judges in Miami mentioned him as a good choice.) I am available for a conference call between 9:00 and 10:00, and between 3:15 and 6:00. Please call me on my cell (FIEFFIR and let me know which of those times wor s es or you. Thank you. !MCC 11111111111 "" . (USAFLS)" 10/03/2007 04:24 PM To "Jay Lefkowitz" cc Subject Proposed Letter to Special Master US_Atty_Cor_001 83 EFTA00235509 Hi Jay - To move things along, I also have enclosed the proposed text of a letter to the Special Master. <<PROPOSED Letter to Special Master.pdf» Villafafta Assistant U.S. Attorney USAFLS)" 10/03/2007 04:24 PM To "Jay Lefkowitz" cc Subject Proposed Letter to Special Master Hi Jay - To move things along, I also have enclosed the proposed text of a letter to the Special Master. <<PROPOSED Letter to Special Master.pdf>> Assistant U.S. Attorney 10/03/2007 03:18 PM To •Jay Lefkowitz" cc Subject Memo in PDF format US_Atty_Cor_001 84 EFTA00235510 Hi Jay - In case you can't open the other version, here it is in pdf. c<Special Master Proposal.pdf>> IIIIIIIIIVillafafla Assistant U.S. Attorney US_Atty_Cor_001 85 EFTA00235511 To "Jay LefkowItz" cc bcc 10/05/2007 05:42 PM Subject RE: Proposed Letter to Special Master Jay — I will call you at 5:30. Assistant U.S. Attorney 10/05/2007 07:48 AM Tom-lay Laowite cc SubJectRE: Proposed Letter to Special Master US_Atty_Cor_001 86 EFTA00235512 Good morning, Jay. We need to resolve the attorney issue today. It has been weeks since execution of the contract, and there is no need for further delay. As far as the five attorney names that we will be providing, I propose Bert Ocariz, Katherine Ezell at Podhurst Orseck, Stuart Grossman, Ed Rogers, and Walter Cobath. • If you would like to use the same Special Master to resolve fees disputes as well as to handle the selection of the attorney, I would recommend that we use retired 11th Circuit Judge Joseph Hatchett instead of Judge Davis because of Judge Davis's health problems. (No one has contacted Judge Hatchett yet, but one of the District Judges in Miami mentioned him as a good choice.) I am available for a conference call between 9:00 and 10:00, an• • 5 and 6:00. Please call me on my cell ( and let me know which of those times works best for you. Thank you. 11111111111111C- witMlisiffr :rnmanisime. 10/03/2007 04:24 PH To "Jay Lefkowitz" cc Subject Proposed Letter to special master <S1 111=MMIL US_Atty_Cor_001 87 EFTA00235513 10/03/2007 0424 PM Hi Jay - To move things along, I also have enclosed the proposed text of a letter to the Special Master. «PROPOSED Letter to Special Master.pdf» VillafaAa Assistant U.S. Attorney To'Jay Lolkowkr" cc SubjectProposed Letter to Special Mester Hi Jay — To move things along, I also have enclosed the proposed text of a letter to the Special Master. «PROPOSED Letter to Special Master.pdfr> Assistant U.S. Attorney 10/03/2007 03:18 PM To"Jay LeStoeh' aJLeMovAtz(0kirklarnicom> cc SubjecMemo In PDF format US_Atty_Cor_001 88 EFTA00235514 Hi Jay — In case you can't open the other version, here it is in pH. <‹special Master Proposal. pdf» Assistant U.S. Attorney MEI US_Atty_Cor_001 89 EFTA00235515 12/26/07 ITV 15:2 .2 FAX 305 530 3140 EXECUTIVE 0PPICE Q.S. Department of Justice United Mates Attoreey Southern Leiria of Florida 2)002 P..1W2Y_BY "SW" TI Jay?. Leficowitt, Esq. Kirkland & Ellis IL? Cltigroup Center 153 EaSt 53rd Street New York, New York 10022-4675 Rer. efCrgy_ER,Itgin Dear Jay: 99N.& f aron Murat FL 331124111 (305) 961-9ZI9 Pactrmac .13045444 December 6, 2007 I write in response to your recent e-mails and Jonas regarding victim notification and other issues. Our Office is trying to perform our contractual obligations under the Agreement, whichwe feel are being frustrated by defense counsel's °bleeder& The Office also is concerned about Mc Epstains5 amp:v(O117MM More than three weeks ago we spoke about the failtue to set a timely plea and sentencing date. At that time, you assured me that to scheduling delay was caused by the uneven Judge McSodey.S2 promised that a date would be set promptly. On Novturtne 15 Gaeta met with ICrisher on another matter, and was told by Mx. Krisher that he had Jost spoken with Jack Goldberger, and that Mr. Epctebt's plea and sentencing were set to occur on December 14, 2007. Since that time, we have bled to confirm the date and time of the hearing in order to include drat infornution in the victim noti ?tendon letters. You continue to refer to the plea and sentencing as though it Wilikril.lanaary;14r.X.risheisofficebas not confirmed any date; and Mr. Goldberger recently told Atlanta* that 'there is no date." I must reiterate that a delayed guilty plea and sentencing — now mote than two months beyond the original deadline — is unacceptable to the Office. As you will recall. the aka end sentencing hearing originallywas to occur in early Octoba 2007, but was delayed until Octobee26th to allow Mr. Goldberger to attend. R was delayed again until November to allow you to attend. Rather than using your best efforts to insure that the plea and sentencing occur in November, we recardyleamed that a plea confluence had hem scheduled with Judge McSorley for November 20, 2007. but was canceled at the request of the parties, not the judge. Judge McSorley has not been away lbr any extended period, and there is no basis for your assertion that the judge is the cause of US_Atty_Cor_001 90 EFTA00235516 12/05/00 TEU 15:23 PAX 305 330 3140 JAY P. lancoVirra, Esq. Demand, 2007 ?AM/ 2 ore RXECUrINE MICR Q003 any past or fittare delay. Mr. Epstein currently has lbw Florida Bar members on his defense team, so attorney scheduling is not an adequate basis for delay. Three weeks ago talso asked you to provide our Office with the terms of the Plea Agreement with the State Attorneys Office. It is now tome than two Months sines the signing of the Non. Preset:anion Agre.ement cod wo baveyet to see anyfomol agreement, or oven a list of essential terms of such an agreement. Mat, let me address your allegation that attorneys In ow office and agents of the FBI have ' leaked infermation to the mesa In an effort to alba possible civil litigation with Mr. Epstein. This is online. There has been no contact between any member of the press and any employee of our office or the FBI since you incorrectly imensed investigators of tolling "Vanity Rae about Mr. Starr's entploynoatt by Mr. Epstein several months ago. We intend to continue to telltale from commenting or providing information to the press. We would ask that your client and all of his representatives do the same. I also .mot to address your Interpretation of several statements that were included in- correspondence —at yourinsistence— as proof that the designated victimshave invalid therm, Let me make clear that cach of the listed individuals are persons whom the Office identified as victims as defined in Section 2255, that is, as persons "who, while a minor, was a violins of a *laden of section ... 2422 or 2423 of this title" In other words, the Office is prepared lo indict Mr. Epstein based upon Mr. lipstein't "interactions" with those individuals,' This conclusion is based upon a thomogh and proper investigation —one in which 7100Q of the victims was informal of anyright to receive damages of any amount prior to the Investigation other clalm. The Office agrees that it is not a party to, and will not take a rode in. any civil litigation, but rho Office coo say, without hesitation, that the evidence demonstrates that each person on the Est was a victim °Mfr. Epstein's criminal behavior. Mr. Stan's letter also suggests that the number °Eviction to whom Mr. Epstein is exposedby the Agreement is limitless As you know, early drafts of the Agreement contained a numerical limit of40 victims, which was removed et your request The Office repeatedly confirmed that the number would not exceed 40; and the list Is significantly Snorter than that Once the list is provided to you, if you have a good faith basis fbr asserting that a victim never met Mr. Epstein, we remain willing to listen and to modify the list if you convince us of your poeition. Malty, leone address yourobjections to the draft Victim Notification Latter. You writethat yon don't tmderstand the basis for foe Office's belief that it is appropriate to ratify the victims. Pursuant to the "leaded for MI Act of 2004," crime victims are entitled to; "The right to reasonable; accurate, and timely notice of any public court proceeding ... involving the crime and the "right kbalike the State's investigation, the federal investigation show; criminal conduct by Mr. Epstein n lout as early as 2001, so all of the victims were minors at the time of the oftnett. US_Atty_Cor_00191 EFTA00235517 C, a 12/06/07 110 15:23 FAX 305 530 8540 EXECUTIVE 0PMCE JAY P. LerKoVettl, EsQ. DEMMER 6.2007 ?A053 O►e not to be excluded from any such public court proceeding ." 18 U.S.C. § 3771(sX2) & (3). Section 3771 also commands that "employees of the Deparbnent of Justice . engaged in the detection, investigation, orprosocution of etimothall make their best carts to see that crime victims are notified of, and accorded, the rights described in subsection (a)." 18 U.S.C. § 3771(cXI). Additionally, pursumat to the Victims' Rights and Restitution Act of 1940, our Mee Is obligated to "Inform a victim of any restitution or other relief to which the victim may be entitled under this or any other law and [the) manner in which such relief maybe obtained." 42 U.S.C. § 10607(O(1)(R). With nespect to notification of the other information that we propose to disclose, the statute requires Out we provide a victim with the earliest posabie notice of the status of the investigation; the fling of charges against a suspected offender; and the acceptant). oral:lee. 42 U.S.C. § 10607(c)(3). Just as in 18 U.S.C. § 3771, theta sections are not limited to proceedings in a federal distriet *curt. Our Non-Prosecution Agreement resolves the federal investigation by allowing Mr. Epstein to plead to a state offense. The victims identified through the. federal investigation should be appropriately informed, and our Non-Prosecution Agreement does not require the U.S. Attorney's Office to forego its legal obligations. With respect to 'our assertion that we are seeking to "federalize" the state plea, our office h simply informing the victims or their rights It does not comorrut them to appear at the hewing or to the a victim impact statement In het, the letter recommends the sanding of my statement to the State Attorney's Office so that ASA Beloblavek an determine Which, if any, statements are appropriate to file with the Court. Non you assert that ow letter miacharacterizeis Mr. Epstein's obligation to pay damages to the victims. To avoid that suggestion, I have asked AUSA Villafada to simply quote the terms of the Agreement directly into the Notification Letter. We also have no objection to referring to Mr. Epstein n a "sexual offender" rather titan a "predator." We have no objection to using the conjonedon "wid/or" in rofmabm to the particular offame(s) of which the recipient was a victim. We will not include the language that we take no position as to the validity of any claims. While tboOffiet bat no intention to take any position in any civillitigation arising between Mr. Epstein and anyindividual victim, as stated above, the Office believes that it has proof beyond a reasonable doubt that each listed individual was a victim of Mr. gpstehes criminal conduct while the victim was a mi ow. The law requires us to treat all victims "with Simms and with respect for the victim's dignity and privacy." 18 U.S.0 §3771(aX8). We will not include any language that demeans the harm they may have suffered. The letter's assertions regarding representation by the Podburst firm and Mr. Josefsberg are accurate. Judge Davis conferred with Messrs. Rodhurst and losefeberg to insure their willingness to tordertake this assignment prior to finalizing his selection. tit,004 US_Atty_Cor_001 92 EFTA00235518 12/06/07 TEU 15:23 FAX 306 530 6440 EXECUTIVE OFFICE SAY P. LEPKOWI72, ESQ. MCDADE& 6.2007 NOE 4 co 4 Lastly, you object to personal cotrunanication between the victims and federal attorneys or agents. We have no objection to sending the letters through the mai? but we will not remove the language about contacting AUSA Villafaiht or Special Agent with questions or concerns. Again, federal lane requires that victims have the "reasonable right to confer with the attorney for the Gammon= in this case." 18 U.S.C. § 3771(1)(5). The three tame who were notified prior to your objection had questions directed to Mr. Epstein's putdahment, not the civil litigation. Those questions we appropriately directed to law enforcement. If questions arise related to the civil litigation, AUSA Villathila and Special Agent icuyrkenclall will recommend that the victims direct those questions to Mr. Josefsberg. I havi snacked a revised letter incorporating the changes on which wo can agree. Please provideany hurter comments by the oleos ofbuslness on Friday. lit addition, please provide us with &definitive statement, sigood by your diem, of Hs intention to slide by each and every taro of the Agreement by close of business on Friday, December 7,21)Y1, By that time, you must also provide us with the agreements) with the State Attorneys Oplee rmd a date and time certain lbw the plea and sentencing, which must occur no later than December 14, 2007. That mutt be closure in this matter. shwa*, it. Alexander Acosta ncy By: 'lefBcyB Mom= First Assistant United States Attorney Enclosure cc: R. Alexander Acosta, U.S. Attorney AUSA Vrneiktha 'This is contingent, however, on being able to provide adequate notice of the change of plea and sentencing. The sooner that yvu schedule that hearing with Judge MeScrley, the sooner we coo dispatch these letters. If you delay Bucher, we will have to rely on telephone or personal notification. US_Atty_Cor_001 93 EFTA00235519 v issias Qc•gov> 10/07/2007 07:42 PM To "Jay Lelkowite <JLotkowitzddrkland.corn> cc bcc Subject Call Tomorrow Jay — The office is closed tomorrow for Columbus Day. Can we reschedule for Tuesday at 10:00? Thank you. II I I I I I I I I I MI Assistant U.S. Attorney US_Atty_Cor_001 94 EFTA00235520 "AcooDLAMx (USAPISr ealexAcos1aOusd ci•0com 10/11/2007 12:20 PM To clelkowkz©Mrklend.com> cc boa Subject Re: I'm speaking to the PS bar at noon, but promised to attend their morning session from 9 to 10 30. 7, 7 30 or even 8 am if that is better should give us plenty of time. The convention center is 5 moan away. So I'm not leaving the hotel until 8 45. Pick whatever is most convenient for you. Alex Sent from my BlackBerry Wireless Handheld Original Message From: Jay Lefkowitz To: Acosta, Alex (USAFLS < costa usa. o .gov> Sent: Thu Oct 11 11:34:56 2007 111111111111111111mai ****** *** ***** ******** ***************** * ***** ********* The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited • and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments. US_Atty_Cor_001 95 EFTA00235521 _ 'Acosta. Alex (USAFLSr <AlexAcostaawsd 01-90v1' 10/111200702:31 PM ro sca cc bec Subject Fw: WPB Marriott 1001 Okeechobee Blvd. West Pah Beach, FL 33401 Jay - see you at 7. Address is below. Alex. Sent from my BlackBerry Wireless Handheld Original Message From: Castillo, Annette (0S.AFLS) Ckpastillollusa.doj.gov> To: Acosta, Alex (USAFLS) <AAcosta@usa.doj.gov> Sent: Thu Oct 11 12:49:09 2007 Subject: WPB Marriott 1001 Okeechobee Blvd. West Palm Beach, FL 33401 US_Atty_Cor_001 96 EFTA00235522 (Cu aStman. To "Jay LeficoeAtz" cc .90V> tax 10/1=007 SubJed RE: Addendum 1 .28 PM Try 954-805-2013 From: Jay Leflcovalz [mallto:3LefkowittAbtand.com] Sent Friday October 12, 2007 12:09 PM To: Sloman, (USAFtS) Subject: Re: Addendum -- Original Mesats, --- From: "Sloman, (USAFLS)" Sloman@usdoj.govj Sent: 10/12/2007 09:48 AM AST To: Jay Leflcowitz Cc: "Aco Alex SAFLS)" <Alex.Acosts@usdoj.gov>; "Villafana. SAFLS " Subject RE: Addendum Jay, I just got off the phone with Alex. Here is the revised paragraph I . Thanks, II 1. The United States has the right to assign to an independent third-party the responsibility for consulting with and, subject to the good faith approval of Epstein's counsel, selecting the attorney representative for the victims. If the United States elects to assign this responsibility to an independent third-party, the United States retains the right to request that the independent third-party consult with the United States after the preliminary selection but prior to the final designation of the attorney representative. From: Jay LefkowItz (nailto:3LefkowttzOkirkland.com) Sent: Thursday, October 11, 2007 3:12 PM US_Atty_Cor_001 97 EFTA00235523 To: Stmana (USARS) Subject Re: Addendum 1 Original Molar — From: "Slornan,W(USAPIM" PeftSloman@lusdoj.gov] Sent 10/11/2007 12:17 PM AST To: Jay Le&owitz Cc "Acosta, Alex (USAFLS)* <Alex.Acosta6usdoj.gov> Subject: Addendum Jay, Pursuant to our conversation. Thanks, IN RE: INVESTIGATION OF JEFFREY EPSTEIN US_Atty_Cor_001 98 EFTA00235524 ADDENDUM TO THE NON-PROSECUTION AGREEMENT IT APPEARING that the parties seek to clarify certain provisions of page 4, paragraph 7 of the Non-Prosecution Agreement (hereinafter "paragraph 7"), that agreement is modified as follows: 1. The United States has the right to assign to an independent third-party, the responsibility for consulting with and, subject to the good faith approval of Epstein's counsel, selecting the attorney representative for the victims. If the United States elects to assign this responsibility to an independent third-party, the United States retains the right to request that the independent third-party also consult with the United States. 2. Pursuant to paragraph 7, Epstein has agreed to pay the fees of the attorney representative. This provision, however, shall not obligate Epstein to pay the fees and costs of contested litigation filed against him. Thus, if after consideration of potential settlements, the attorney representative elects to file a contested lawsuit pursuant to 18 U.S.C. s 2255 or elects to pursue any other contested remedy, the paragraph 7 obligation to pay the costs of the attorney representative, as opposed to any statutory or other obligations to pay reasonable attorneys fees and costs such as those contained in s 2255 to bear the costs of the attorney representative, shall cease. By signing this Addendum, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he understands the clarifications to the Non-Prosecution Agreement and agrees to comply with them. IL ALEXANDER ACOSTA UNITED STATES US_Atty_Cor_001 99 EFTA00235525 ATTORNEY Dated: By: ATTORNEY Dated: ASSISTANT U.S. Dated: JEFFREY EPSTEIN ESQ. EPSTEIN Dated: GERALD LEFCOURT, COUNSEL TO JEFFREY ESQ. LILLY SAI•ICHEZ, JEFFREY EPSTEIN ATTORNEY FOR US_Atty_Cor_00200 EFTA00235526 The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof; including all attachments. The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster®kirldand.com, and destroy this communication and all copies thereof, including all attachments. *******************•***** ***** *M.*** ******* ******** US_Atty_Cor_00201 EFTA00235527 "Sloni Ca t• 10(181200712:39 PM 4:30 is fine. We'll call you. To •Jay Left °wile cc boa Subject RE: Original Message From: Jay Lefkowitz (mailto: Sent: Tuesday, October 16, 2. 1.1 To: Sloman, (USAFLS) Subject: ***** The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments. US_Atty_Cor_00202 EFTA00235528 cis c400,40 10116/2007 04:00 PM To •Jay Lefkowltf e../LetkowilziakIrktand.cos cc bcc Subject RE: Confidential - for settlement purpose' Jay, The below is exactly the same as yours, except for deletion of "Other than the joint written submission, neither the United States nor Epstein's counsel shall communicate with the independent third party nor shall the United States communicate with the attorney representative selected by him" in your 1(a). 1. The United States has the right to assign to an independent third-party the responsibility for consulting with and, subject to the good faith approval of Epstein's counsel, selecting the attorney representative for the individuals identified under the Agreement. If the United States elects to assign this responsibility to an independent third-party, both the United States and Epstein retain the right to make good faith objections to the attorney representative suggested by the independent third-party prior to the final designation of the attorney representative. 2. The parties will jointly prepare a short written submission to the independent third-party regarding the role of the attorney representative and regarding Epstein's Agreement to pay such attorney representative his or her regular customary hourly rate for representing such victims subject to the provisions of paragraph 3, infra. 3. Pursuant to additional paragraph 1, Epstein has agreed to pay the fees of the attorney representative selected by the independent third party. This provision, however, shall not obligate Epstein to pay the fees and costs of contested litigation filed against him. Thus, if after consideration of potential settlements, an attorney representative elects to file a contested lawsuit pursuant to 18 U.S.C. s 2255 or elects to pursue any other contested remedy, the paragraph 7 obligation of the Agreement to pay the costs of the attorney representative, as opposed to any statutory or other obligations to pay reasonable attorneys fees and costs such as those contained in s 2255 to bear the costa of the attorney representative, shall cease. Original Message US_Atty_Cor_00203 EFTA00235529 From: Jay Lefkowitz [mailtoMIEMEle Sent: Mondays..2ptober 15, 2007 10:53 AM To: Sloman, (USAFLS) Subject: Confidential - for settlement purposes only US_Atty_Cor_00204 EFTA00235530 1 US_Atty_Cor_00205 EFTA00235531 "Sloman ov, 10/17/2007 01:58 PM To "Jay Lefkowitz" cc bcc Subject RE: <<071015 Special Master I.etter2.wpd>> Jay, Here's our proposed letter to the special master. Original Message From: Jay Lefkowitz (mailto Sent: Tuesdaillictober 16, 2007 9:26 AM To: Sloman, (USAFLS) Subject: S The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Bllis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments. 0 71015 Special /Metre Letter2.wpd • US_Atty_Cor_00206 EFTA00235532 S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Pabst Beach, P7 33401 (561) 820-8711 Faestertle: (561) 820-8777 October 2007 Pit DELIVERY BY FACSIMILE The Hon. Edvvard B. Davis (Ret.) Akemmn Senterfitt One Southeast Third Avenue, 25th Floor Miami, Florida 33131 Re: Service as a Special Master Dear Judge Davis: Thank you for agreeing to save as a Special Master and for assisting the United States Attorney's Office in the selection of an attorney representative to represent a group of identified victims. This letter is meant to assist you in performing your duties by providing you with background information regarding the agreement between the United States and Jeffrey Epstein and the duties that the attorney representative will have to perform. The Federal Bureau of Investigation and the U.S. Attorney's Office conducted an investigation of Mr. Epstein. As a result of that investigation, the U.S. Attorney's Office and Mr. Epstein entered into a Non-Prosecution Agreement and an Addendum that contains, inter cilia, the following terms: 7(a)The United States has the right to assign to an independent third-party the responsibility for consulting with and, subject to the good faith approval of Epstein's counsel, selecting the attorney representative for the individuals identified under the Agreement. If the United States elects to assign this responsibility to an independent third-party, both the United States and Epstein retain the right to make good faith objections to the attorney representative US_Atty_Cor_00207 EFTA00235533 The Hon. Edward B. Davis (Ret.) October ___ 2007 Page 2 of 4 suggested by the independent third•party prior to the final designation of the attorney representative. 7(b)The parties will jointly prepare a short written submission to the independent third-party regarding the role of the attorney representative and regarding Epstein's Agreement to pay such attorney representative his or her regular customary hourly rate for representing such victims subject to the provisions of paragraph 7(c), infra. 7(c). Pursuant to additional paragraph 7(a), Epstein has agreed to pay the fees of the attorney representative selected by the independent third party. This provision, however, shall not obligate Epstein to pay the fees and costs of contested litigation filed against him. Thus, If after consideration of potential settlements, an attorney representative elects to file a contested lawsuit pursuant to 18 U.S.C. s 2255 or elects to pursue any other contested remedy, the paragraph 7 obligation of the Agreement to pay the costs of the attorney representative, as opposed to any statutory or other obligations to pay reasonable attorneys fees and costs such as those contained ins 2255 to bear the costs of the attorney representative, shall cease. 8.If any of the individuals referred to [in the paragraphs above] elects to file suit pursuant to 18 U.S.C. § 2255, Epstein will not contest the jurisdiction of the United States District Court for the Southern District of Florida over his person and/or the subject matter, and Epstein waives his right to contest liability and also waives his right to contest damages up to an amount agreed to between Epstein and the identified individual, so long as the identified individual elects to proceed exclusively under 18 U.S.C. § 2255, and agrees to waive any other claim for damages, whether pursuant to state, federal, or common law. Notwithstanding this waiver, with respect to those individuals whose names appear on the list provided by the United States, Epstein's signature on this agreement, his waivers and failures to contest liability and such damages in any suit are not to be construed as an admission of any criminal or civil liability. 9.Epstein's signature on this agreement also is not to be construed admission of civil or criminal liability or a waiver of any jurisdictional or other defense as to any person whose name does not appear on the list provided by the United States. 10.Except as to those individuals who elect to proceed exclusively under 18 U.S.C. § 2255, as set forth in [the above paragraphs], neither Epstein's signature on this agreement, nor its terms, nor any resulting waivers or settlements by Epstein are to be construed as admissions or evidence of civil or criminal liability or a waiver of any jurisdictional or other defense as to any person, whether or not her name appears on the list provided by the United States. US_Atty_Cor_00208 EFTA00235534 The Hon. Edward B. Davis (Ret) October _ 2007 Page 3 of 4 The most recent version of the statute referenced above, 18 U.S.C. § 2255, provides that: My person who, while a minor, was a victim of a violation of section . . . 2422 or 2423 of this title and who suffers personal injury as a result of such violation, regardless of whether the injury occurred while such person was a minor, may sue in any appropriate United States District Court and shall recover the actual damages such person sustains and the cost of the suit, including a reasonable attorney's fee. Any person as described in the preceding sentence shall be deemed to have sustained damages of no less than S150,000 in value. Section 2422 prohibits the use of a facility of interstate commerce to induce minors to engage in sexual activity and prostitution, and section 2423 prohibits interstate travel for the purpose of engaging in sexual activity or prostitution with minors. The United States has identified victims as defmed by this statute. Due to the circumstances of the case and the number and caliber of the attorneys who represent Mr. Epstein, in selecting the victims' attorney representative, the United States suggests that you consider the following criteria: 1. Experience doing both plaintiffs' and defense litigation. 2. Experience with state and federal statutory and common law tort claims. 3. The ability to communicate effectively with young women (the victims' current ages are between 16 and 24). 4. Employment with a firm large enough to handle the possibility of at least a dozen trials at the same time. 5. Experience litigating against large law firms and high profile attorneys. 6. Sensitivity to the nature of the suit and the victims' interest in maintaining their privacy. 7. Experience litigating in federal court in the Southern District of Florida. US_Atty_Cor_00209 EFTA00235535 The Hon. Edward B. Davis (Ret.) October 2007 Page 4 of 4 8. The resources to hire experts and others, while working on a contingency fee basis, in order to prepare for trial, if a settlement cannot be reached. 9. The ability to negotiate effectively. Pursuant to this letter, the United States assigns to you the responsibility for consulting with and selecting the attorney representative for the individuals. The United States and Epstein retain the right to make good faith objections to the attorney representative you select prior to the final designation of the attorney representative. In that regard, after you have reached a decision regarding the attorney x‘incaentative, please provide me with his or her name and contact information. If I can provide you with any further information, please do not hesitate to contact me. Thank you again for your assistance with this matter. Sincerely, R. Alexander Acosta United States Attorney By: Jeffrey Sloman First Assistant United States Attorney cc: AUSA US_Atty_Cor_00210 EFTA00235536 0 'Acosta. Alex (USAFLS)' <AdexAcostagou sdoj.govv 10118/2007 1229 PM ve .43340: evi To "JayLeflamAdm<JLekowitz@lthkMndcoma cc "Woman, ■ (USAFLS)' bcc Subjed RE:Fdikmmup la -- Can you see any issues with this? If not, se confirm with Jay. -----Original Message From: Jay Lefkowitz (mailto:pripaMMI Sent: Thursday, October 18, To: Acosta, Alex (USAFLS) Subject: Follow up The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmasterOkirkland.com, and destroy this communication and all copies thereof, including all attachments. US_Atty_Cor_00211 EFTA00235537 Jay, "Sloman, us .gov> 10/18/2007 Subject RE:Folkwyup 05:43 PM 'neSt tratSit tp s0 To -JaylefltovAte cc 'Acosta, Alex (USAFLS)" <AlexAcosta@usd0j.gov4: boo Please confirm that this will not affect when Epstein begins serving his sentence. If it does, I have to reconsider postponement of the guilty plea date. Thanks, Original Message From: Jay Lefkowitz (mailto:FIRRI ) Sent: Thursda October 18, To: Sloman, (USAFLS) Cc: Acosta, ex (USAFLS) Subject: Re: Follow up Original Message From: "Sloman, (USAFLS)" Sent: 10/18/200 :39 PM AST To: Jay Lefkowitz Cc: "Acosta, Alex (USAFLS)" <Alex.Acostaeusdoj.gov> Subject: RE: Follow up The change of plea will take place on November 20. Agreed. Original Message From: Jay Lefkowitz (mailto:1111.1 ) Sent: Thursday, October 18, To: Acosta, Alex (USAFLS) Cc: Sloman, III' (USAFLS) Subject: Re: Follow up Original Message From: "Acosta, Alex (USAFLS)" (Alex.Acosta8usdoj.gov) Sent: 10/18/2007 12:15 PM AST To: Jay Lefkowitz Cc: "Sloman, (USAFLS)" < US_Atty_Cor_0021 2 EFTA00235538 Subject: RE: Follow up Can you see any issues with this? If not, please confirm with Jay. -----Original Message From: Jay Lefkowitz (mailto: Sent: Thursday, October 18, 2007 10:12 AM To: Acosta, Alex (USAFI08) Subject: Follow up **tee The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the add . It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.00a, and destroy this communication and all copies thereof, including all attachments. The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only US_Atty_Cor_0021 3 EFTA00235539 for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments. The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmasterfkirkland.com, and destroy this communication and all copies thereof, including all attachments. US_Atty_Cor_00214 EFTA00235540 Jay, The Judge Davis issue is a non-starter. We've beaten that horse to death. Regarding your contention that "the attorney representative be told clearly that Mr. Epstein has agreed to pay the lawyer's hourly rate only for the time he or she spends working to effectuate settlements for the identified women," Alex and I agree that paragraph 7C is sufficient, Regarding the other points, we have made the following concessions: 1. Regarding the language concerning a lawyer whose firm is sizeable enough to litigate multiple trials simultaneously, I have removed paragraph 4 on page 3 of the letter. 2. Regarding the 15Ok statutory limit language, I have included a footnote which should satisfy your concern. 3. Regarding language there may be discovery to test the claims of alleged "victims", please see new paragraph 4 on page 3 which now states as criteria that the firm should have "Experience litigating against large law firms and high profile attorneys who may test the veracity of the victims' claims." I have attached the Addendum and the revised letter to Judge Davis. Jay, this needs to be concluded. Alex and I believe that this is as far as we can go. Therefore, please advise me whether we have a deal no later than COB tomorrow, Tuesday, October 23, 2007. Thanks, Original Message From: Jay Lefkowitz (mailto:11 ) Sent: Friday October 19, 20 : To: Sloman, (USAFLS) Subject: Re: O US_Atty_Cor_0021 5 EFTA00235541 (z) Original Message From: "Sloman, (USAFLS)" Sent: 10/17/200761:58 PM AST To: Jay Lefkowitz Subject: RE: «071015 Special Master Letter2.wpd>> Jay, Here's our proposed letter to the special master. Original Message From: Jay Lefkowitz (mailto: Sent: Tuesdayk pctober 16, 211.11 To: Sloman, (USAFLS) Subject: ♦•+fr The information contained in this communication is US_Atty_Cor_0021 6 EFTA00235542 confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmasterekirkland.com, and destroy this communication and all copies thereof, including all attachments. The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments. * • • • • US_Atty_Cor_0021 7 EFTA00235543 a < oma; tursr 'S Jeff.Slorn oj.gov• 10/22/2007 05:23 PM To cLefkowitz@lOrldand.00m> cc boc Subl•c1 Re: Epstein I have not spoken to him but it was our intention to assign the decision to select a lawyer to Judge Davis not for him to represent the girls. We do not want to select the lawyer who represents the girls. I don't know who said he'd do it but it wasn't us. Sent from my BlackBerry Wireless Handheld Original Messagamm . From: Jay Le ittz < To: Sloman, (USAFLS) Cc: Acosta, Alex (USAFLS); (USAFLS) Sent: Mon Oct 22 17:10:00 2007 Subject: Re: Epstein < "Sloman, a (USAFLS)" 10/22/2007 04:40 PM To "Jay Lefkowitz" < cc "Acosta, Ale " <Alex.Acost (USAFLS). < Subject Epstein US_Atty_Cor_0021 8 EFTA00235544 Or ' , .1 10/23/2007 05:36 PM To "Jay Lelkowitz" <JLefkovitz@kIrklend.cot cc "Acosta, Alex (USAFLS)" <Alex.Acoein@ bcc Subject RE: Epstein o t ditt. . Jay, Can't speak tonight. Won't send It out tonight. I'll check with Alex In the morning and will call you then. S From: Jay Leficowitr [mallto:3Leflowit@kirkland.com] Sent Tuesdays pctober 23, 2007 5:34 PM To: Sloman, (USARS) Ca Acosta, Alex (USARS) Subject Epstein IIIIIIIIII ********** ******* ***** ******************** *********** * The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the add It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmasterekirkland.com, and destroy this communication and all copies thereof, including all attachments. * • * * * US_Atty_Cor_00219 EFTA00235545 alat ipUSAPLS)" usdoj.gov> 10/24/2007 03:45 PM To cc 'Jay Lefkowtte "Ae (USAPIS)' eAlex.AcostaeusdoLgov> bcc Subject Epstein Addendum and Letter to Judge <<Addenclum.vmd>> <<011015 Special Muter Letter4.wpd>> Jay, Pursuant to our conversation, here is the revised letter and a new addendum. Theonly changeto the addendumisthat I renumbered the new paragraphs from A,B, and C to 7A, 7B, and 7C.Once you approve,I will contact Judge Davis and send him the letter. Please execute the addeadum,PDFthe executedoriginalto me as soon as possible and Fed Ex the original to me thereafter. «< Attachment 'Addendum.wed' has been archived by user tommonStore/IT/kiricland-Eills' on '12/25/2007 00:26:41'. >n «< Attachment '071015 Special Master Letter4.wod' has been archived by user 'CorninonStore/f17KIddand-Ellis' on '12/25/2007 00:28:42', >>> US_Atty_Cor_00220 EFTA00235546 IN RE: INVESTIGATION OF JEFFREY EPSTEIN ADDENDUM TO THE NON-PROSECUTION AGREEMENT IT APPEARING that the parties seek to clarify certain provisions of page 4, paragraph 7 of the Non-Prosecution Agreement (hereinafter "paragraph 7"), that agreement is modified as follows: 7A. The United States has the right to assign to an independent third-party the responsibility for consulting with and, subject to the good faith approval of Epstein's counsel, selecting the attorney representative for the individuals identified under the Agreement. If the United States elects to assign this responsibility to an independent third-party, both the United States and Epstein retain the right to make good faith objections to the attorney representative suggested by the independent third-party prior to the final designation of the attorney representative. 7B. The parties will jointly prepare a short written submission to the independent third-party regarding the role of the attorney representative and regarding Epstein's Agreement to pay such attorney representative his or her regular customary hourly rate for representing such victims subject to the provisions of paragraph C, infra. 7C. Pursuant to additional paragraph 7A, Epstein has agreed to pay the fees of the attorney representative selected by the independent third party. This provision, however, shall not obligate Epstein to pay the fees and costs of contested litigation filed against him. Thus, if after consideration of potential settlements, an attorney representative elects to file a contested lawsuit pursuant to 18 U.S.C. s 2255 or elects to pursue any other contested remedy, the paragraph 7 obligation of the Agreement to pay the costs of the attorney representative, as opposed to any statutory or other obligations to pay reasonable attorneys fees and costs such as those contained in s 2255 to bear the costs of the attorney representative, shall cease. By signing this Addendum, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he understands the clarifications to the US_Atty_Cor_00221 EFTA00235547 Non-Prosecution Agreement and agrees to comply with them. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY 0 Dated: Dated: Dated: Dated: By: ASSISTANT U.S. ATTORNEY JEFFREY EPSTEIN GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN LILLY SANCHEZ, ESQ. ATTORNEY FOR JEFFREY EPSTEIN US_Atty_Cor_00222 EFTA00235548 S. Department of Justice United States Attorney Southern District of Florida 99 NE es Street Mims; FL 33132-2111 (305) 961-9299 Facsimile (305) 5304444 October 2007 2 DELIVERY BY FACSIMILE The Hon. Edward B. Davis (Ret.) Alterman Senterfitt One Southeast Third Avenue, 25th Floor Miami, Florida 33131 Re: Service as a Special Master Dear Judge Davis: Thank you for agreeing to serve as a Special Master and for assisting the United States Attorney's Office in the selection of an attorney representative to represent a group of identified victims. This letter is meant to assist you in performing your duties by providing you with background information regarding the agreement between the United States and Jeffrey Epstein and the duties that the attorney representative will have to perform. The Federal Bureau of Investigation and the U.S. Attorney's Office conducted an investigation of Mr. Epstein. As a result of that investigation, the U.S. Attorney's Office and Mr. Epstein entered into a Non-Prosecution Agreement and an Addendum that contains, inter alki, the following terms: 7A. The United States has the right to assign to an independent third-party the responsibility for consulting with and, subject to the good faith approval of Epstein's counsel, selecting the attorney representative for the individuals identified under the Agreement. If the United States elects to assign this US_Atty_Cor_00223 EFTA00235549 The Hon. Edward B. Davis (Ret.) October 2007 Page 2 of 4 responsibility to an independent third-party, both the United States and Epstein retain the right to make good faith objections to the attorney representative suggested by the independent third-party prior to the final designation of the attorney representative. 7B. The parties will jointly prepare a short written submission to the independent third-party regarding the role of the attorney representative and regarding Epstein's Agreement to pay such attorney representative his or her regular customary hourly rate for representing such victims subject to the provisions of paragraph 7C, infra. 7C. Pursuant to additional paragraph 7A, Epstein has agreed to pay the fees of the attorney representative selected by the independent third party. This provision, however, shall not obligate Epstein to pay the fees and costs of contested litigation filed against him. Thus, if after consideration of potential settlements, an attorney representative elects to file a contested lawsuit pursuant to 18 U.S.C. § 2255 or elects to pursue any other contested remedy, the paragraph 7 obligation of the Agreement to pay the costs of the attorney representative, as opposed to any statutory or other obligations to pay reasonable attorneys fees and costs such as those contained in § 2255 to bear the costs of the attorney representative, shall cease. 8If any of the individuals referred to [in the paragraphs above] elects to file suit pursuant to 18 U.S.C. § 2255, Epstein will not contest the jurisdiction of the United States District Court for the Southern District of Florida over his person and/or the subject matter, and Epstein waives his right to contest liability and also waives his right to contest damages up to an amount agreed to between Epstein and the identified individual, so long as the identified individual elects to proceed exclusively under 18 U.S.C. § 2255, and agrees to waive any other claim for damages, whether pursuant to state, federal, or common law. Notwithstanding this waiver, with respect to those individuals whose names appear on the list provided by the United States, Epstein's signature on this agreement, his waivers and failures to contest liability and such damages in any suit are not to be construed as an admission of any criminal or civil liability. 9.Epstein's signature on this agreement also is not to be construed admission of civil or criminal liability or a waiver of any jurisdictional or other defense as to any person whose name does not appear on the list provided by the United States. US_Atty_Cor_00224 EFTA00235550 The Hon. Edward B. Davis (Ret) October 2007 Page 3 of 4 10.Except as to those individuals who elect to proceed exclusively under 18 U.S.C. § 2255, as set forth in [the above paragraphs], neither Epstein's signature on this agreement, nor its terms, nor any resulting waivers or settlements by Epstein are to be construed as admissions or evidence of civil or criminal liability or a waiver of any jurisdictional or other defense as to any person, whether or not her name appears on the list provided by the United States. The most recent version of the statute referenced above, 18 U.S.C. § 2255, provides that: Any person who, while a minor, was a victim of a violation of section . . . 2422 or 2423 of this title and who suffers personal injury as a result of such violation, regardless of whether the injury occurred while such person was a minor, may sue in any appropriate United States District Court and shall recover the actual damages such person sustains and the cost of the suit, including a reasonable attorney's fee. Any person as described in the preceding sentence shall be deemed to have sustained damages of no less than $150,000 in value.' Section 2422 prohibits the use of a facility of interstate commerce to induce minors to engage hi sexual activity and prostitution, and section 2423 prohibits interstate travel for the purpose of engaging in sexual activity or prostitution with minors. The United States has identified 34 victims as defined by this statute. Pursuant to this letter, the United States assigns to you the responsibility for consulting with and selecting the attorney representative for the individuals. The United States and Epstein retain the right to make good faith objections to the attorney representative you select prior to the final designation of the attorney representative. In that regard, after you have reached a decision regarding the attorney representative, please provide me with his or her name and contact information. An earlier version of this statute deems that any person described in the preceding sentence shall have sustained damages of no less than $50,000 in value. US_Atty_Cor_00225 EFTA00235551 The Hon. Edward B. Davis (Ret) October _ 2007 Page 4 of 4 If I can provide you with any further information, please do not hesitate to contact me. Thank you again for your assistance with this matter. Sincerely, It, Alexander Acosta United States Attorney By: Jeffrey Sloman First Assistant United States Attorney cc: AUSA US_Atty_Cor_00226 EFTA00235552 oklon 10,24/2007 04:25 PM 3059619299 To MMIIIMB., cc bcc Subject Re: Sent from my BlackBerry Wireless Handheld Original Message From: Jay itz <JLefkowitzekirkland.com> To: Sloman (OWLS) Sent: Wed Oct 24 16:23:05 2007 The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all Attachments. ******* *****&& ******* & ********* ****** ***** ***** US_Atty_Cor_00227 EFTA00235553 " S l o m a n , ■ 1 1 1 1 . 0 ' OMWY. 10/24/2007 05:30 PM To "Jay Leflcowite < cc USAFLST adoj.govo, "Acosta. Alex (USAFLS)" <Alex_Acoste©usdoLgov> bcc Subject Epstein - Letter to Judge Davis Jay, Here is the latest and hopefully final version of the letter to Judge Davis. S <<071015 Special Master Letter5.µpd>> «e Attachment '071015 Special Master LetW/5,werr IPS beam_ archived by user 'CommonStore/IT/Ktridend-Ellist en '12/25/2007 Q0:27:04'. >» US_Atty_Cor_00228 EFTA00235554 S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beach. FL 33401 (561) 8204711 Facsimile: (561) 820-8777 October 2007 DELIVERY BY FACSIMILE The Hon. Edward B. Davis (Ret.) Akerman Senterfitt One Southeast Third Avenue, 25th Floor Miami, Florida 33131 Re: Service as a Special Master Dear Judge Davis: Thank you for agreeing to serve as a Special Master and for assisting the United States Attorney's Office in the selection of an attorney representative to represent a group of identified victims. This letter is meant to assist you in performing your duties by providing you with background information regarding the agreement between the United States and Jeffrey Epstein and the duties that the attorney representative will have to perform. The Federal Bureau of Investigation and the U.S. Attorney's Office conducted an investigation of Mr. Epstein. As a result of that investigation, the U.S. Attorney's Office and Mr. Epstein entered into a Non-Prosecution Agreement and an Addendum that contains, inter alio, the following terms: 7A. The United States has the right to assign to an independent third-party the responsibility for consulting with and, subject to the good faith approval of Epstein's counsel, selecting the attorney representative for the individuals identified under the Agreement. If the United States elects to assign this US_Atty_Cor_00229 EFTA00235555 The Hon. Edward B. Davis (Res.) October 2007 Page 2 of 4 responsibility to an independent third-party, both the United States and Epstein retain the right to make good faith objections to the attorney representative suggested by the independent third-party prior to the final designation of the attorney representative. 7B. The parties will jointly prepare a short written submission to the independent third-party regarding the role of the attorney representative and regarding Epstein's Agreement to pay such attorney representative his or her regular customary hourly rate for representing such victims subject to the provisions of paragraph 7C, infra. 7C. Pursuant to additional paragraph 7A, Epstein has agreed to pay the fees of the attorney representative selected by the independent third party. This provision, however, shall not obligate Epstein to pay the fees and costs of contested litigation filed against him. Thus, if after consideration of potential settlements, an attorney representative elects to file a contested lawsuit pursuant to 18 U.S.C. § 2255 or elects to pursue any other contested remedy, the paragraph 7 obligation of the Agreement to pay the costs of the attorney representative, as opposed to any statutory or other obligations to pay reasonable attorneys fees and costs such as those contained in § 2255 to bear the costs of the attorney representative, shall cease. 8.1f any of the individuals referred to [in the paragraphs above] elects to file suit pursuant to 18 U.S.C. § 2255, Epstein will not contest the jurisdiction of the United States District Court for the Southern District of Florida over his person and/or the subject matter, and Epstein waives his right to contest liability and also waives his right to contest damages up to an amount agreed to between Epstein and the identified individual, so long as the identified individual elects to proceed exclusively under 18 U.S.C. § 2255, and agrees to waive any other claim for damages, whether pursuant to state, federal, or common law. Notwithstanding this waiver, with respect to those individuals whose names appear on the list provided by the United States, Epstein's signature on this agreement, his waivers and failures to contest liability and such damages in any suit are not to be construed as an admission of any criminal or civil liability. 9.Epstein's signature on this agreement also is not to be construed admission of civil or criminal liability or a waiver of any jurisdictional or other defense as to any person whose name does not appear on the list provided by the United States. US_Atty_Cor_00230 EFTA00235556 The Hot Edward B. Davis (Ret.) October_ 2007 Page 3 of 4 10.Except as to those individuals who elect to proceed exclusively under 18 U.S.C. § 2255, as set forth in [the above paragraphs], neither Epstein's signature on this agreement, nor its terms, nor any resulting waivers or settlements by Epstein are to be construed as admissions or evidence of civil or criminal liability or a waiver of any jurisdictional or other defense as to any person, whether or not her name appears on the list provided by the United States. The most recent version of the statute referenced above, 18 U.S.C. § 2255, provides that: Any person who, while a minor, was a victim of a violation of section . . 2422 or 2423 of this title and who suffers personal injury as a result of such violation, regardless of whether the injury occurred while such person was a minor, may sue in any appropriate United States District Court and shall recover the actual damages such person sustains and the cost of the suit, including a reasonable attorney's fee. Any person as described in the preceding sentence shall be deemed to have sustained damages of no less than $150,000 in value.' Section 2422 prohibits the use of a facility of interstate commerce to induce minors to engage in sexual activity and prostitution, and section 2423 prohibits interstate travel for the purpose of engaging in sexual activity or prostitution with minors. The United States has identified 34 victims as defined by this statute. The United States takes no position as to the validity of any such claim under this statute. Due to the circumstances of the case and the number and caliber of the attorneys who represent Mr. Epstein, in selecting the victims' attorney representative, the United States suggests that you consider the following criteria: 1. Experience doing both plaintiffs' and defense litigation. 2. Experience with state and federal statutory and common law tort claims. 3. The ability to communicate effectively with young women. I An earlier version of this statute deems that any person described in the preceding sentence shall have sustained damages of no less than $50,000 in value. US_Atty_Cor_00231 EFTA00235557 The lion. Edward B. Davis (Ret) October _ 2007 Page 4 of 4 4. Experience litigating against large law firms and high profile attorneys who may test the veracity of the victims' claims. 5. Sensitivity to the nature of the suit and the victims' interest in maintaining their privacy. 6. Experience litigating in federal court in the Southern District of Florida. 7. The resources to hire experts and others, while working on a contingency fee basis, in order to prepare for trial, if a settlement cannot be reached (defense counsel has reserved the right to challenge such litigation). 8. The ability to negotiate effectively. Pursuant to this letter, the United States assigns to you the responsibility for consulting with and selecting the attorney representative for the individuals. The United States and Epstein retain the right to make good faith objections to the attorney representative you select prior to the final designation of the attorney representative. In that regard, after you have reached a decision regarding the attorney representative, please provide me with his or her name and contact information. If I can provide you with any further information, please do not hesitate to contact me and/or the U.S. Attorne efkowitz, Esq. on behalf of Epstein. Mr. Lefkowitz can be reached at - Kirkland & Ellis LLP, Citigroup Center, 153 East 53'd Street, New York, New York 10022-4611. Thank you again for your assistance with this matter. Sincerely, R. Alexander Acosta United States Attorney By: Jeffrey Sloman First Assistant United States Attorney cc: AUSA US_Atty_Cor_00232 EFTA00235558 "Slornanli o ON 10/30/2007 02:42 PM To -Jay Lefkowite 411=MIS cc "Acosta, Alex (USAFLS)" cAlex.AcostalgAin403-0 bcc Subject Epstein ain:nras TitimaphW Jay, Here is an executed version of the addendumPleaseFed Ex the original signature pages to me. Thanks, S <<epstein addendum 10 3 0.pdf>> «< Ma &gent 'eostein addendum 10 30.pdf has been archived by_ user VommonStore/IT/KIrkland-Ellis' on '12/31/2007 23:47:35'. >>> US_Atty_Cor_00233 EFTA00235559 Di RE: INVESTIGATION OF JEFFREY EPSTEIN ADDENDUM TO TIM NON-PROSECIMbN AGREEMENE IT APPEARING that the parties seek to clarify certain provisions of page 4, paragraph 7 of the Non-Prosecution Agreement (hereinafter "paragraph T'), that agreement is modified as follows: 7A. The United States has the right to assign to an independent third-party the responsibility for consulting with and, subject to the good faith approval of Epstein's counsel, selecting the attorney representative for the individuals identified under the Agreement. If the United States elects to assign this responsibility to an Independent third-party, both the United States and Epstein retain the right to make good faith objections to the attorney representative suggested by the independent third-party prior to the final designation of the attorney representative. The parties will jointly prepare a short written submission to the independent third-party regarding the role of the attorney representative and regarding Epstein's Agreement to pay such attorney representative his or her regular customary hourly rate for representing such victims subject to the provisions of paragraph C, infra. 7C. Pursuant to additional paragraph 7A, Epstein has agreed to pay the fees of the attorney representative selected by the independent third party. This provision, however, shall not obligate Epstein to pay the fees and costs of contested litigation filed against him. Thus, if after consideration of potential settlements, an attorney representative elects to file a contested lawsuit pursuant to 18 U.S.C. s 2255 or elects to pursue any other contested remedy, the paragraph 7 obligation of the Agreement to pay the costs of the attorney representative, as opposed to any statutory or other obligations to pay reasonable attorneys fees and costs such as those contained in a 2255 to bear the costs of the attorney representative, shall cease. US_Atty_Cor_00234 EFTA00235560 By signing this Adcknduzn, Epstein asserts and certifies that the above has been read and explained to Mit. Epstein hereby, states that he understands the clarifications to the Non- ProsecutiorrAgettIndnt and agrees to comply with than. R. ALEXANDE.R. ACOSTA UNITED STATES ATTORNEY Dated: /0/3 OA 7 Dated: Dated: Dated: By: VILLAYANA ASSISTANT U.S. ATTORNEY ' eafak4a4A-- GERALD LEFCOURT, ESQ. - COUNSEL TO YEFFREY EPSTEDI LILLY.' SANCHEZ, ESQ. ATTORNEY POR JEFFREY EPSTEIN US_Atty_Cor_00235 EFTA00235561 By signing this Addendum, Epstein asserts and certifies that the above has been read and explained to hlm. Epstein hereby states that he understands the clarifications to the Noc- Prosecution Agreement and agrees to comply with them. Dated: /0 ASO Dated: Dated: Dated: R. ALEXANDER ACOSTA UNITED STATES ATTORNEY By: V . tindi FA t) EA A A. MARIE VILLAFASIA ASSISTANT U.S. ATTORNEY L1LLYIIIISANCREZ, ESQ. ATTORNEY FOR JEFFREY EPSTEIN US_Atty_Cor_00236 EFTA00235562 By signing this Addendum, Epstein asserts and cenithes that the above has been read and explained to him. Epstein hereby WM that he understands the clarificadons to the Non- Prosecution Agreement end agrees to comply with than. R. ALEXANDER ACOSTA UNTIED STATES ATTORNEY Dam ii/3 Wo 1 • Dated: Dined: Wed: ithlgaia . Br --tIt2-74 1-604.-- mum ,6 a&LAFAPIA ASSISTANT U.S. ATTORNEY JEFFREY EPSTEIN GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN ATTORNEY FOR JEFFREY EPSTEIN US_Atty_Cor_00237 EFTA00235563 "Slomen, s .gova 10/30/2007 05:38 PM Jay, To "Jay Lefkowite <JLefkowitz@kirldand.com> cc boa Subject RE: Epstein I called Judge Davis before I sent him the agreed upon letter. He indicated his willingness to serve as the "decider? I will call him tomorrow to see whether anything has changed and when we can anticipate a decision. Regarding the subpoena question, let me think about that overnight. Thanks, S From: Jay Lefkowltz [mallto:JLefkowitz@kirkland.com) Sent: Tuesdaypctober 30, 2007 4:54 PM To: Sidman, gi (USAFLS) Cc Acosta, Alex (USAFIS) Subject Re: Epstein — Original Mess, — From: "Slants, M(USAFLS)" dinSlocanigandoj.gov) Sent: 10/30/2007 02:42 PM MT To: Jay Lefkowitz Cc "Acosta, Alex (USAFT-Sr <Alex.Acosta®usdoj.gov> Subject: Epstein Jay, Here is an executed version of the addendum. Please Fed US_Atty_Cor_00238 EFTA00235564 Ex the original signature pages to me. Thanks, a «epsteln addendum 10 30.pdP> ***Ma** ***** ***** ***** * ***** *•*** *********** ***WS *•**• The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmastengkirkland.com, and destroy this communication and all copies thereof, including all attachments. ••**•** ****************** ***ass* ***** ***********•***** ***** US_Atty_Cor_00239 EFTA00235565 "Simon, .goto 10/31/2007 04:33 PM To "Jay Lefkowite <JLefluswitz@kIrkland.com> cc bcc Subject Epstein Jay, Your understanding from Jack Goldberger conforms to my understanding that Mr. Epstein's plea and sentence will take place on the same day. I understand that the plea and sentence will occur on or before the January 4th date. U a US_Atty_Cor_00240 EFTA00235566 moot/o03 1//05/07 VON 10:05 PAX 30$ 550 0440 BMW: vte. ()SPICE [(Nn a a U.S. Department of Justice United Stotts /Mornay Southern District lined* pELIvERYTAY_FACSB417,li Jay P. Lcfkowitz, Esq. Kirkland Jr Ellis T.LP Citigroup Center 153 East 53rd Street New York, New York 10022-4675 Re: Jeffrey Epstein Dear Jay: 99 NS. r stmt ant, FL 15132,1111 (305) 941-9299 readmits: O051 5304444 November 5.2007 Several things have come to my attention that seem contrary to your client intending to abide by his obligations under the Non-Prosecution Agreement. As you know, that agreement requires Our Office to inform you of potential breaches to give you and your client the opportunity to respond before an indictment is filed. At this tune, I do not believe that the agreement has been breached: however, I have sufficient concerns that need to Sc addressed. Pint, I understand that private, investigators worIcingfbr Mr. Epstein have contacted victims to ask them whether anydetectives or FBI agents have discussed afinancial sottlemont with them. On one occasion, the yin vans investigators told the parent of a victim that she should get an attorney for her daughter and she should do so right away. These actions are troublesome because the per agents legally aro required to advise the victims of the resolution of the matter, which includes informing them that, as part of the resolution, that Mr. Epstein has weed to pay damages in some circumstances. Furthermore, Mr. Epstein well knows that we are in the process of selecting an attorney to represent the victims and, but for the inordinate amount of time spent negotiating the Addendum, that attorney would already have been selected. Paragraph 7 of the Non•Prosecution Agreement explicitly provides that contact with the victims shall. be through that counsel. Accordingly, please confirm that there will be no further efforts to contact any victims until Judge Davis selects the attorney representative and that, thereafter, contact will be made only through that counsel. Second, the Non-Prosecution Agreement requires Mr. Epstein to use his best efforts to cuter his guilty plea and to be scnrunced not later than October 26, 2007. Despite this obligation, the Office agreed that Mr. Epstein could postpone this deadline to November, but reiterated that Mr. US_Atty_Cor_00241 EFTA00235567 illasiotr MON l0:00 FAX 30$ 530 6440 EXECTrIvE 'REECE: gå 003/003 lä 003 JAY?. l.natcouniz. Noverama 5, 2007 Pane 2 Os 2 Epstein had to begin his term of incarceration not later than Sanuary 4, 2008. T have teamed that the November hearing has been removed from the calendar and the next case disposition conference hats not been set until January 7.2008. This delay is unacceptable, and, pursuant to your obligations, the Office requests that you confer with the Spite Attorney's Office to try to find a date In November when the judge is available to conduct a simultaneous plea and sentencing. if you cannot find such a date, please provide documentation of your efforts to abide by the mans of tbc Non-Prosecution Agreement. Third, there hove been several press reports that Mr. Epstein no longer intends to enter a gull ty plea. Normallylvmuld not pay any attention to such reports, but your recent correspondence attempting to restrict our Office from communicating with the State Attorney's Office and the ;illusion to the imposition of sentences that clearly fall outside the terms of the Non-Prosecution Agroemeot raises concern. Please confirm that Mr. Epstein intends to abide by his agreement to plead guilty lo the specified charges and to make a binding recommendation that the Court impose a sentence of 18 months of ountintious confinement In the county jail. Finally, the Non-Prosecution Agreementrequires that you provide the Office with cbpieg of all propose d agreements with the State Attorney's Olllee before Mr. Epstein signs any such agreements. To date, no such agreements have been received. Please provide me with copies of any and all agreements with the State Attorney's Office for outroview. The Office also would like to have someone present at the change ofplen and sentencing to monitorMr. Epstein's compliancewith the turns of the Non-Prosecution Agreement, so please keep me informed of the date, time, and location of the hearing. Picase provide me with a written response, adopted by Mr. Epstein, addressing these concerns and reiterating Mr. Epstein's intention to comply with the terms oC the Non-Prosecution Agreement by November 8, 2007. By: cc: R. Ale • sta, U.S. Attorney AUSA Villafatia Sincerely, It. Alexander Acosta United State:itorney Jeffrey Sleman First Assistant United States Attorney US_Atty_Cor_00242 EFTA00235568 ,An", , nna 06/16/2008 11:16 F81. 05/16/08 FRI 11:08 F.« UNITED STATES DEPARTME. (-3 Criminal Divisio Child Exploitation and Obsc 1400 New York Avenue, NW Suite 600 Washington, DC 20530-0001 • 20005 TO: R. Alexander ACO9ta • Esq. Jay LefIccuitz, Eski. OPETCE NUMBER: FAX NUMBER: 305/530-7087 E1/445-4900 FROM: Alexandra Ge)h.r. Le4-rci fa, bc)-3 DAT/3/11ME: May 16, 2008 OFFICE NUMBER: (202) 514-5780 NUMBER OF PAGES, EXCLUDING THIS SHEET: 5 SPECIAL INSTRUCTIONS: US_Atty_Cor_00243 EFTA00235569 1/40002/000 21/08/D7 YON 10:05 FAX )05 53u e4A0 EX.ECil! V E (WV [d002 • • U.S. Oepartinent of Justice United Stares Attorney Southern District oily/pride DELIVERY tlYIACSIMITZ Jay P. Lefkowitz, Esq. Kirkland & Ellis 'UP Citigroup Center 153 East 33rd Street New York, New York 10022-4675 Re: Jeffrey Epstein Dear fey: 99 ME. *strew Mist! PL 33132411f 005)96,4299 Puctimile: (305) .5304444 November 5.2007 Several things have come to my attention that scent contraty to your• client intending to abide by his obligations under the Non-Prosecution Agreement. AS you know, that agreement requires our Office to lotto= you of potential breaches to give you and your client the opportunity to respond before an indictment is filed. At this t➢me, I do not believe that the agreement has been breached; however, I have sufficient concerns that need to be addressed. Fiat, I understand that private investimuors working for Mr. Epstein have contacted victims to ask them whether any detectives or FBI agents have discussed a financial settlement with them. On one occasion, the private investigators told the parent of a victim that she should get an attorney For her daughter and she should do so tight away. These actions etc troublesome because the FBI agents legally are required to advise the victims of the resolution of the matter, which includes Informing them that, as part of the resolution, that Mr. Epstein has agreed to pay damages in some circumstances. Furthermore, Mr. Epstein well {mows that we are in the proems of selectiog an attorney to represent the victims and, but for the Inordinate amount o£ time spent negotiating the Addendum, that attorney would already have been selected. Paragraph 7 of the Nun-Prosecution Agreement explicitly provides that contact with the victims shall, be through that counsel. Accordingly, please confirm that there will be no further efforts to contact any victims until Judge Davis selects the attorney representative and that, thereafter, contact will be made onlythrough that counsel. Second, the Non-Prosecution Agreement requires Mr. Epstein to use his best efforts to enter his guilty plea and to be sentenced not later than October 26. 2007. Despite this obligation. the Office agreed that Mr. Epstein could postpone this deadline to November, but reiterated that Mr. U S t y_Co 0 0 2 4 4 EFTA00235570 11/08,07 MON 10100 PAX 304 330 6440 EN:eon:Ice OFFICE a 003/003 0003 JAY P. I.Evitowra., Esq. Novi:maga S, 2007 PACs 2 of 2 Epstein had to begin his term of incarceration not later than January:, 2008. I have loaned that the November hearing has been removed from the calendar and the next case disposition conference; has not been sot until January 7, 2008. This delay is unacceptable, and, pursuant to your obligadons, the Office requests that you confer with the State Attorney's Office to try to find a date In November when the judge is available toconduct a simultaneous plea and sentencingc. If you cannot find such a date. please provide documentation of your efforts to abide by the tams of tbc Non-Prosecution Agreement. Third, thew have been severe' press reports that Mr. Epstein no longer intends to enter a guiltyplea. Normally I would nut pay any attention to such reports, but your recent correspondence attempting to restrict our Office from communicating with the State Attorney's Office and the allusion to the imposition of sentences that clearly fall outside the terms of the Non-Proseetttion Agreement raises concern. Please confirm that Mr. Epstein intends to abide by his agreement to plead guilty to the specified charges and to make a binding recommendation that the Court impose a sentence of 18 months of continuous confinement in the county jail. I finally, thelcon-ProsocationAgreementrequires that you providnthe Office with copies of all proposed agreements with the State Attorney's Office before Mr. Epstein signs any such agreements. To date, no such agreements have been received. Please provide inn with copies of any and all agrcemords with the State Attorney's Office for our review. Tho Office also would like to have someone present at the change ofplea and sentencingto monitorMr. Epstein's compliance with the wane of the Non-Prosecution Agreement, so please keep me informed of the date, time, and location of the hearing. Please provide me with a written response, adopted by Mr. Epstein, addressing these concerns and reiterating Mr. Epstein's intention to comply with the terms of the Non•Prosecution Agreement by November• 8, 2007. Ey: cc: R. Alexander Acosta, U.S. Attorney AUSA A. Mark Villafitile Sincerely, R. Alexander Acosta United Statesiyorney Jeffrey omen First Assistant United States Attorney US_Atty_Cor_00245 EFTA00235571 Fine 11/15/2007 01:51 PM (305)961-9299 -----Original Message From: Jay Lefkowitz Sent: Thursdaya_November 15, 20 To: Sloman, (USAFLS) Subject: To "Jay Le&mite cc bee Subject RE: :47 pm The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland G Ellis LLP or Kirkland G Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments. US_Atty_Cor_00246 EFTA00235572 "AS Mu °MARLS)" caexAcostaO ustIoLgov> 11/19/2007 02:25 PM To tteflmwite@kkMamicom> cc boc Subled Re: niportal Jay -- the 2pm is outside the office. Won't be back until about 3. How anout then? Sent from my SlackSerry Wireless Handheld Original Message From: Jay Lef kowitz To: Acosta, Alex (OSAFLS) Sent: Mon Nov 19 11:59:25 2007 Subject: Re: important "Acosta, Alex (USAFLS)" cAlex.Acostaeusdoj.gov> 11/19/2007 10:46 AM To CC Subject Jay - Re: important I'm around mid afternoon tuesday (have a very early dinner) and early wed (have an appt outside the office from 11 30 to 2). US_Atty_Cor_00247 EFTA00235573 Should I bring (if there's business to talk, he is handling epsEtirri)7 Alex. Sent from my BlackBerry Wireless Handheld Original Message From: Jay Lefkowitz To: Acosta, Alex (US Sent: Mon Nov 19 09:31:12 2007 Subject: important The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland 6 Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments. The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited US_Atty_Cor_00248 EFTA00235574 and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmasterekirkland.com, and destroy this communication and all copies thereof, including all attachments. US_Atty_Cor_00249 EFTA00235575 rucsAp ostacsAtrax To < cc 40mukmaW§URW*0 ova bcc 11/20/2007 03:58 PM Subject Re: Yes. See you then. Sent from my Blacktlerry Wireless Handheld Original Message From: Jay Lefkowitz < To: Acosta, Alex (USAFLS) Sent: Tue Nov 20 15:39:34 2007 The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments. * * * r. U S_A t t y_C o r_O 0 2 5 0 EFTA00235576 Watt Alex (USAFLSr <AlexAcostaeusdoi.g ow. 1121200711:44 AM To "Jay Lefkowite <JLelkowitz@kitklend.corn> cc bcc Subject RE: I'm on my way to a mtg outside the office. Unlikely to be before 3pm. That said, III/ is around if you want to talk with him re the 2255. -----Original Message From: Jay Letkowitz Sent: Wednesday, November 21, 2007 11:38 AM To: Acosta, Alex (USAFLS) Subject: The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments. US_Atty_Cor_00251 EFTA00235577 11/21/2007 02A8 PM Sure To ciLefltowitz@lcirldand.com> ee bee Subject Re•. Sent from my BlackSerry Wireless Handheld Original Message From: Jay Lefkowitz To: Sloman, (USA Sent: Wed Nov 2 14:47:24 2007 A****** ******** #4.14.***Atke*www****** ************** **** The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and destroy this Communication and all copies thereof, including all attachments. US_Atty_Cor_00252 EFTA00235578 Sure Jay LelltowIWNew York/Kiddand-Etas 11/26/2007 1214 PM "Sloman. ■ (USAFLS)" IMMINIME> "Stoma:, usdol.gov> 11/21/2007 02:48 PM To "Sloman.Ill (USAR_Sr cc bcc Subject Re:2 To <Jlefkowii7gpkirklanicom> cc Subject Re: Sent from my BlackBerry Wireless Handheld Original Message From: Jay Lefkowitz To: Sloman, (USAFLS) Sent: Wed Nov 21 14:47:24 2007 • • * * • The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland 6 Ellis LLP or Kirkland 4 Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited US_Atty_Cor_00253 EFTA00235579 and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmasterekirkland.com, and destroy this communication and all copies thereof, including all attachments. US_Atty_Cor_00254 EFTA00235580 ams 11/27/2O07 01:55 PM 7 1. To 'Jay LelkowItz",<Jtelkowitz©Itirlikuld.col cc "Acosta. Alex (USAFLS)" <AlexAcostae bce Subplot Epstein 7.111:1,71MTPT..Wirw NliSlageivzto-4;aii'5W " "'A Jay, Please accept my apologies for not getting back to you sooner but I was a little under the weather yesterday. I hope that you enjoyed your Thanksgiving. Regarding the issue of due diligence concerning Judge Davis' selection, I'd like to make a few observations. First, Guy Lewis has known for some time that Judge Davis was making reasonable efforts to sect= Aaron Podhurst and Bob Josephsberg for this assignment In fact, when I told you of Judge Davis's selection during our meeting last Wednesday, November 21", you and Professor Dershowitz seemed very comfortable, and certainly not surprised, with the selection. Podhurst and Josephsberg are no strangers tuarly the entire Epstein defense team including Guy Lewis, Lill.. Sanchez, Roy Black, and, apparently, Professor Dershowitz who said he knew Mr. Josephsberg from law school. Second, Podhurst and Josephsberg have long-standing stellar reputations for their legal acumen and ethics. It's hard for me to imagine how much more vetting needs to be done. The United States has a statutory obligation (Justice for All Act of 2004) to notify the victims of the anticipated upcoming events and their rights associated with the agreement entered into by the United States and Mr. Epstein in a timely fashion. Tomorrow will make one full week since you were formally notified of the selection. I must insist that the vetting process come to an end. Therefore, unless you provide me with a good faith objection to Judge Davis's selection by COB tomorrow, November 28, 2007,1 will authorize the notification of the victims. Should you give me the go-ahead on Podhurst and Josephsberg selection by COB tomorrow, I will simultaneously send you a draft of the letter. I intend to notify the victims by letter after COB Thursday, November 29*. Thanks, S US_Atty_Cor_00255 EFTA00235581 O1113410MPM 11/28/2007 04:46 PM NW": 1-••• • To 'Jay LefkowItz" < cc "Slornan, il(USAFLS)* AMMO! "Acosta, Alex (LISAPLS)- <Alex.Acosta@usdoj.9 bcc Subject Epstein: Victim Notification Leifer If+ '904°Safi Dear Jay: tasked that I forward the victim notification letter to you. It is attached. Thank you. <<Victim Notification Ltr pdf, •> Assistant U.S. Attorney West Palm Beach, FL 33401 «.< Attarcliffig e archived 'CornmonStoretIVKIrkiend-Ellis' on '0 /30/2008 00;30:02'. >>> US_Atty_Cor_00256 EFTA00235582 fZ k U.S. Department of Justice DELIVERY BY HAND Miss United States Attorney Southern District of Florida 500 South Australtan 4w., Sulk 400 Wan Palm Bath, FL 33401 (561)820-8711 fl ab: fie: (561) 820-8777 November 29, 2007 Re: CrimeittetHins' Rights— Notification of Resolution of Epstein InveS.tigatt Dear Miss Several months ago, I provided you with a letter notifying you of your rights as a victim pursuant to the Justice for All Act «2004 and other federal legislation, including: (I) The right to be reasonably protected from the accused. (2) The right to reasonable, accurate, and timely notice of any public court proceeding involving the crime or of any release or escape of the accused. (3) The right not to be excluded from any public court proceeding, unless the court determines that your testimony may be materially altered ifyou arepresent for other portions of a proceeding. (4) The right to be reasonably heard at any public proceeding in the district court involving release, plea, or sentencing. (5) The reasonable right to confer with the attorney for the United States in the cam. (6) The right to fill and timely restitution as provided in law. (7) The right to proceedings free from unreasonable delay. (8) The right to be treated with fhimen and with respect for the victim's dignity and privacy. I am writing to inform you that the federal investigation of Jeffrey Epstein has been completed, and Mr. Epstein and the U.S. Attorney's Office have reached an agreement containing the following terms. First, Mr. Epstein agrees that he Will plead guilty totwo state offenses, including the offense of soliciting minors to engage in prostitution, whichwill require him lo register as a sexual predator for the remainder of his life. US_Atty_Cor_00257 EFTA00235583 Mess NOVa4RER 29,2007 PAGE 2 Second, Mr. Epstein has agreed to Make a binding recommendation of 18 months' imprisonment to the state court Judge who sentences bim. Mr. Epstein will serve that sentence of imprisonment at the PalmBeach County Jail. Third, Mr. Epstein has agreed that he will not contest jurisdiction or liability if you elect to seek damages from him because the United States has identified you as a minor victim of certain federal offenses, including travel in interstate commerce to engage in prostitution with minors read the use of facilities of interstate commerce to induce minors to engage in prostitution. To assist you in making such a claim, the U.S. Attorney's Office has asked an independent Special Master to select attorneys to represent you. Those attorneys axe Aaron Podhurst and Robert ("Bob") Josefsberg with the law finis of Podhurst Orseck, PA. They can be reached at (305) 358-2800. I anticipate that someone from their law firm will be contacting yon shortly. I must also advise you fig you are not obligated to use these attorneys. In Act you have the absolute right to select vela pwn attorney. so you can decide not to speak with Masts. Podhurst/ Yosoftheig at all. or you tin speak with them and decide at any time to use a different attorney If you do decide to seek damages Gom Mr.Epstein and you decide to use Messrs. Podburstllosefsberg as your attorneya, Mr. Epstein will be responsible for paying attorney's fees incurred during the time spent trying to negotiate a settlement. If you are unable to reach a settlement with Mr. Epstein, you and Mr. Josefitberg can discuss bow best to proceed. As I mentioned above, as part of the resolution of the federal investigation, Mr. Epstein has agreed to plead guilty to state charges. Mr. Epstein's change of plea and sentencing will occur on December 14,2007, at a.m., beforeJudgeSraira IC McSorley, inConrtmom 11F at the Palm Beach County Courthouse, 205 North Dixie Highway, West Palm Beach, Florida. Pursuant to Florida Statutes Sections 960.001(1)(k) and 921.143(1), you are entitled to be present and to make a statement under oath. If you choose, you can submit a written statement under oath, which will be filed by the State Attorney's Office on your behalf. If you elect to prepare a written statement, it should address the following: the facts of the case and the extent of any ham), including social, psychological, or physical harm, financial losses, loss of earnings directly or indirectly resulting from the crime for which the defendant is being sentenced, and any matter relevant to an appropriate disposition and sentence. Fl. Stat. 921.143(2). You also are entitled to notification when Mr. Epstein is released from imprisonment at the end of his prison term and/or if he is allowed to participate in a work release program. To receive such notification, please provide the State Attorney's Office with the following krfurataticm: 1. Your name 2. Your address 3. Your home, work, and/or cell phone numbers US_Atty_Cor_00258 EFTA00235584 Miss NOvEMBER29.2007 Pam 3 4. Your e-mail address 5. A notation of whether you would lace to participate in the "VINE system," which provides automated notification calls any time an inmate is moved. (To use this orient, Your calls must go to you directly, not through a switchboard.) Thank you for all of your help during the course of the investlgatiobiliou hav questions or concerns, please do not hesitate to contact me or Special Agent at (561) 8224946. Sincerely, R. Alexander Acosta United States Attorney Br Assistant United States Attorney cc: Special Agent KnyrIcendall, Ms. Clearetha Wright, Victim-Witnoss Coordhtator, U.S. Attorney's Office US_Atty_Cor_00259 EFTA00235585 US. Department of Justice United States Attorney Southern District of Florida 500 South AustralianAve., Suite 400 West Palm Beach. FL 33401 (561)8204711 Facsimile: (561) 8204777 November 29, 2007 DELIVERY BY HAND Miss Re: Dear Miss Several months ago, I provided you with a letter notifying you of your rights as a victim pursuant to the Justice for All Act of 2004 and other federal legislation, including: (1) The right to be reasonably protected from the accused. (2) The right to reasonable, accurate, and timely notice of any public court proceeding involving the crime or of any release or escape of the accused. (3) The right not to be excluded from any public court proceeding, unless the court determines that your testimony may be materially altered if you are present for other portions of a proceeding. (4) The right to be reasonably heard at any public proceeding in the district court involving release, plea, or sentencing. (5) The reasonable right to confer with the attorney for the United States in the case. (6) The right to full and timely restitution as provided in law. (7) The right to proceedings free from unreasonable delay. (8) The right to be treated with fairness and with respect for the victim's dignity and privacy. I ant writing to inform you that the federal investigation of Jeffrey Epstein has been completed, and Mr. Epstein and the U.S. Attorney's Office have reached an agreement containing the following terms. First, Mr. Epstein agrees that he will plead guilty to two state offenses, including the offense of soliciting minors to engage in prostitution, which will require him to register as a sexual predator for the remainder of his life. US_Atty_Cor_00260 EFTA00235586 MISS NOVEMBER 29,2007 PAGE 2 Second, Mr. Epstein has agreed to make a binding recommendation of 18 months' imprisonment to the state court judge who sentences him. Mr. Epstein will serve that sentence of imprisonment at the Palm Beach County Jail. Third, Mr. Epstein has agreed that he will not contest jurisdiction or liability if you elect to seek damages from him because the United States has identified you as a minor victim of certain federal offenses, including travel in interstate commerce to engage in prostitution with minors and the use of facilities of interstate commerce to induce minors to engage in prostitution. To assist you in making such a claim, the U.S. Attorney's Office has asked an independent Special Master to select attorneys to represent you. Those attorneys are Aaron Podhurst and Robert ("Bob") Josefsberg with the law firm of Podhurst Orseck, P.A. They can be reached at (305) 358-2800. I anticipate that someone from their law firm will be contacting you shortly. J must also advise vott that you are not oblieated to use these anonnevs. Infect. you have the absolute richt to select your own attorney. so you can decide notto speak with Mssrs. Podhurst/ Josefsbersr at all. or you cap speak with them and decide at any time to use a different attorney, If you do decide to seek damages from Mr. Epstein and you decide to use Messrs. Podhurst / Josefsberg as your attorneys, Mr. Epstein will be responsible for paying attorney's fees incurred during the time spent trying to negotiate a settlement. If you are unable to reach a settlement with Mr. Epstein, you and Mr. Josefsberg can discuss how best to proceed. As I mentioned above, as part of the resolution of the federal investigation, Mr. Epstein has agreed to plead guilty to state charges. Mr. Epstein's change of plea and sentencing will occur on December 14, 2007, at a.m., before Judge Sandra K. McSorley, in Courtroom 1 I F at the Palm Beach County Courthouse, 205 North Dixie Highway, West Palm Beach, Florida. Pursuant to Florida Statutes Sections 960.001(1)(k) and 921.143(1), you are entitled to be present and to make a statement under oath. If you choose, you can submit a written statement under oath, which will be filed by the State Attorney's Office on your behalf. If you elect to prepare a written statement, it should address the following: the facts of the case and the extent of any harm, including social, psychological, or physical harm, financial losses, loss of earnings directly or indirectly resulting from the crime for which the defendant is being sentenced, and any matter relevant to an appropriate disposition and sentence. Fl. Stat. 921.143(2). You also are entitled to notification when Mr. Epstein is released from imprisonment at the end of his prison term and/or if he is allowed to participate in a work release program. To receive such notification, please provide the State Attorney's Office with the following information: 1. Your name 2. Your address 3. Your home, work, and/or cell phone numbers US_Atty_Cor_00261 EFTA00235587 MISS NOVESS3ER 29, 2007 PAGB 3 4. Your e-mail addresi 5. A notation of whether you would like to participate in the "VINE system," which provides automated notification calls any time an inmate is moved. (To use this system, your calls must go to you directly, not through a switchboard.) Thank you for all of your help during the course of the investigatioilou have an questions or concerns, please do not hesitate to contact me or Special Agent at (561) 822-5946. Sincerely, R. Alexander Acosta United States Attorney By: sistant nit totes Attorney cc: Special Agent F.B.I. Ms. Clearetha n t, al istitess Coordinator, U.S. Attorney's Office US_Atty_Cor_00262 EFTA00235588 YI atIltdoj.gov, 11/29/2007 06:30 PM To 'Jay Lofkowltz• <JLefkowitz@kirkland.com> cc bcc Subject RE: Epstein: Victim Notification Letter HI Jay — The only attachment is my letter, did I miss something? Thanks. arsimmillellmas as I/2%1.1y Lett " 4.1Lefkowftzaltirkland.cram, sr .goo, •Acosta, Nex (USAFL8)- 11728/2007 04:48 PM <Alexaoostagusdolgov> SuEpstein: Victim Natific44ion Letter act ct Dear Jay: masked that T forward the victim notification letter to you. It is attached. Thank you. <Wictim Notification Lttpdt>> Assistant U.S. Attorney US_Atty_Cor_00263 EFTA00235589 West Palm Beach, FL 33401 The information contained in this commun., ioation is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use ofm the addressee. It is the property of Kirkland 6 Ellis LLP or Kirkla- nd 6 Ellis International LLP. Unauthorized use, disclosure or copying- of this communication or any part thereof is strictly prohibited and may be, unlawful. If you have received this communication in - error, please notify us immediately by return e-mail or by e-mail to = postmasterOkirkland.com, and destroy this communication and all copiece s thereof, including all attachments. **** ***** * ********* ******.o. a US_Atty_Cor_00264 EFTA00235590 To "Jay Lefirowitz" <JLeiltowttzeptdridand.coi cc 1.110v> bcc 12/10/2007 04:43 PM Subject Meeting on Friday with Ken Start Hi Jay - Will you be attending the meeting on Friday? Thank you. Assistant U.S. Attorney West Palm Beach, FL 33401 US_Atty_Cor_00265 EFTA00235591 'Merle C. 1.90n 12/13/200710:03 AM To < cc " (USAFLS)" <KerenAtkis en, LS)' < "Acosta. A ex (USAFLS)" <1.c.gos a bcc SubOct Correspondence Dear Jay: Please review the enclosed. I look forward to seeing you tomorrow. «071213 a Ltr to Lefkowitz finaipdf'> Assistant U.S. Attorney West Palm Beach, FL 33401 071213 Viafana Ltr to Lefkabitz rmat pdf US_Atty_Cor_00266 EFTA00235592 a U.S. Department of Justice United States Attorney Southern District of Florida DELIVERY BY ELECTRONIC MAIL Jay P. Lefkowitz, Esq. • Kirkland & Ellis LLP Citigroup Center 153 East 53rd Street New York, New York 10022-4675 Re: Jeffrey Epstein Dear Jay: 500 S. Australian Ave, Ste 400 West Palm Beach FL 33401 (561) 8204711 Facsimile: (561) 820-8777 December 13, 2007 I am writing not to respond to your asserted "policy concerns" regarding Mr. Epstein's Non- Prosecution Agreement, which will be addressed by the United States Attorney, but the time has come for me to respond to the ever-increasing attacks on my role in the investigation and negotiations. It is an understatement to say that I am surprised by your allegations regarding my role because I thought that we had worked very well together in resolving this dispute. I also am surprised because I feel that I bent over backwards to keep in mind the effect that the agreement would have on Mr. Epstein and to make sure that you (and he) understood the repercussions of the agreement. For example, I brought to your attention that one potential plea could result in no gain time for your client; I corrected one of your calculations of the Sentencing Guidelines that would have resulted in Mr. Epstein spending far more time in prison than you projected; I contacted the Bureau of Prisons to see whether Mr. Epstein would be eligible for the prison camp that you desired; and I told you my suspicions about the source of the press "leak" and suggested ways to avoid the press. Importantly, I continued to work with you in a professional manner even after] learned that you had been proceeding in bad faith for several weeks — thinking that I had incorrectly concluded that solicitation of minors to engage in prostitution was a registrable offense and that you would "fool" our Office into letting Mr. Epstein plead to a non-registrable offense. Even now, when it is clear that neither you nor your client ever intended to abide by the terms of the agreement that he signed, I have never alleged misconduct on your part. The first allegation that you raise is that I "assiduously" hid from you the fact that Bert Ocariz is a friend of my boyfriend and that I have a "longstanding relationship" with Mr. Ocariz. US_Atty_Cor_00267 EFTA00235593 JAY P. LEFKOWITZ, ESQ. DECEMBER 13,2007 PAGE 2 OF 5 I informed you that I selected Mr. Ocariz because he was a friend and classmate of two people whom I respected, and that I had never met or spoken with Mr. Ocariz prior to contacting him about this case. All of those facts are true. I still have never met Mr. Ocariz, and, at the time that he and I spoke about this case, he did not know about my relationship with his friend. You suggest that I should have explicitly informed you that one of the referrals came from my "boyfriend" rather than simply a "friend," which is the term I used, but it is not my nature to discuss my personal relationships with opposing counsel. Your attacks on me and on the victims establish why I wanted to find someone whom I could trust with safeguarding the victims' best interests in the face of intense pressure from an unlimited number of highly skilled and well paid attorneys. Mr. Ocariz was that person. One of your letters suggests a business relationship between Mr. Ocariz and my boyfriend. This is patently untrue and neither my boyfriend nor I would have received any financial benefit from Mr. Ocariz's appointment. Furthermore, after Mr. Ocariz teamed more about Mr. Epstein's actions (as described below), he expressed a willingness to handle the case pro bono, with no financial benefit even to himself. Furthermore, you were given several other options to choose from, including the Podhurst firm, which was later selected by Judge Davis. You rejected those other options. You also allege that I improperly. disclosed information about the case to Mr. Ocariz. provided Mr. Ocariz with a bare bones summary of the agreement's terms related to his appointment to help him decide whether the case was something he and his firm would be willing to undertake. I did not provide Mr. Ocariz with facts related to the investigation because they were confidential and instead recommended that he "Google" Mr. Epstein's name for background information. When Mr. Ocariz asked for additional information to assist his firm in addressing conflicts issues, I forwarded those questions to you, and you raised objections for the first time. I did not share any further information about Mr. Epstein or the case. Since Mr. Ocariz had been told that you concurred in his selection, out of professional courtesy, I informed Mr. Ocariz of the Office's decision to use a Special Master to make the selection and told him that the Office had made contact with Judge Davis. We have had no further contact since then and I have never had contact with Judge Davis. I understand from you that Mr. Ocariz contacted Judge Davis. You criticize his decision to do so, yet you feel that you and your co-counsel were entitled to contact Judge Davis to try to "lobby" him to select someone to your liking, despite the fact that the Non-Prosecution Agreement vested the Office with the exclusive right to select the attorney representative. Another reason for my surprise about your allegations regarding misconduct related to the Section 2255 litigation is your earlier desire to have me perform the role of "facilitator" to convince the victims that the lawyer representative was selected by the Office to represent their interests alone and that the out-of-court settlement of their claims was in their best interests. You now state that doing the same things that you had asked me to do earlier is improper meddling in civil litigation. Much of your letter reiterates the challenges to Detective Recarey's investigation that have US_Atty_Cor_00268 EFTA00235594 JAY P. LEFKOWITZ, ESQ. DECEMBER 13,2007 PAGE 3 OF 5 already been submitted to the Office on several occasions and you suggest that I have kept that information from those who reviewed the proposed indictment package. Contrary to your suggestion, those submissions were attached to and incorporated in the proposed indictment package, so your suggestion that I tried to hide something from the reviewers is false. I also take issue with the duplicity of stating that we must accept as true those parts of the Recarey reports and witness statements that you like and we must accept as false those parts that you do not like. You and your co-counsel also impressed upon me from the beginning the need to undertake an independent investigation. It seems inappropriate now to complain because our independent investigation uncovered facts that are unfavorable to your client. You complain that I "forced" your client and the State Attorney's Office to proceed on charges that they do not believe in, yet you do not want our Office to inform the State Attorney's Office of facts that support the additional charge nor do you want any of the victims of that charge to contact Ms.Belohlavek or the Court. Ms. B elohlavek's opinion may change if she knows the full scope of your client's actions: You and I spent several weeks trying to identify and put together a plea to federal charges that your client was willing to accept. Yet your letter now accuses me of "manufacturing" charges of obstruction of justice, making obscene phone calls, and violating child privacy laws. When Mr. Lourie told you that those charges would "embarrass the Office," he meant that the Office was unwilling to bend the facts to satisfy Mr. Epstein's desired prison sentence — a statement with which I agree. I hope that you understand how your accusations that I imposed "ultimatums" and "forced" you and your client to agree to unconscionable contract terms cannot square with the true facts of this case. As explained in letters from Messrs. Acosta and Sloman, the indictment was postponed for more than five months to allow you and Mr. Epstein's other attorneys to make presentations to the Office to convince the Office not to prosecute. Those presentations were unsuccessful. As you mention in your letter, I—a simple line AUSA —handled the primary negotiations for the Office, and conducted those negotiations with you, Ms. Sanchez, Mr. Lewis, and a host of other highly skilled and experienced practitioners. As You put it, your group has a "combined 250 years experience" to my fourteen. The agreement itself was signed by Mr. Epstein, Ms. Sanchez, and Mr. Lefcourt, whose experience speaks for itself. You and I spent hours negotiating the terms, including when to use "a" versus "the" and other minutiae. When you and I could not reach agreement, you repeatedly went over my head, involving Messrs. Lourie, Menchel, Sloman, and Acosta in the negotiations at various times. In any and all plea negotiations the defendant understands that his options are to plead or to continue with the investigation and proceed to trial. Those were the same options that were proposed to Mr. Epstein, and they are not "persecution or intimidation tactics." Mr. Epstein chose to sign the agreement with the advice of a multitude of extremely noteworthy counsel. You also make much of the fact that the names of the victims were not released to Mr. Epstein prior to signing the Agreement. You never asked for such a term. During an earlier meeting, where Mr. Black was present, he raised the concern that you now voice. Mr. Black and I did not have a chance to discuss the issue, but I had already conceived of a way to resolve that US_Atty_Cor_00269 EFTA00235595 JAY P. LEFKOWTIZ, ESQ. DECEIvEBER 13, 2007 PAGE 4 OF 5 issue if it were raised during negotiations. As I stated, it was not, leading me to believe that it was not a matter of concern to the defense. Since the signing of the Non-Prosecution Agreement, the agents and I have vetted the list of victims more than once. In one instance, we decided to remove a name because, although the minor victim was touched inappropriately by Mr. Epstein, we decided that the link to a payment was insufficient to call it "prostitution." I have always remained open to a challenge to the list, so your suggestion that Mr. Epstein was forced to write a blank check is simply unfounded. Your last set of allegations relates to the investigation of the matter. For instance, you claim that some of the victims were informed of their right to collect damages prior to a thorough investigation of their allegations against Mr. Epstein. This also is false. None of the victims was informed of the right to sue under Section 2255 prior to the investigation of the claims. Three victims were notified shortly after the signing of the Non-Prosecution Agreement of the general terms of that Agreement. You raised objections to any victim notification, and no further notifications were done. Throughout this process you have seen that I have prepared this case as though it would proceed to trial. Notifying the witnesses of the possibility of damages claims prior to concluding the matter by plea or trial would only undermine my case. If my reassurances are insufficient, the fact that not a single victim has threatened to sue Mr. Epstein should assure you of the integrity of the investigation.' 'There are numerous other unfounded allegations in your letter about document demands, the money laundering investigation, contactingpotential witnesses, speaking with the press, and the like. For the most part, these allegations have been raised and disproven earlier and need not be readdressed. However, with respect to the subpoena served upon the private investigator, contrary to your assertion, and as your co-counsel has already been told, I did consult with the Justice Department prior to issuing the subpoena and I was told that because I was not subpoenaing an attorney's office or an office physically located within an attorney's office, and because the business did private investigation work for individuals (rather than working exclusively for Mr. Black), I could issue a grand jury subpoena in the normal course, which is what I did. I also did not "threaten" the State Attorney's Office with a grand jury subpoena, as the correspondence with their grand jury coordinator makes perfectly clear. With regard to your allegation of my filing the Palm Beach Police Department's probable cause affidavit "with the court knowing that the public could access it," I do not know to what you are lefetYingTatiticurneliffrWrata 16 the grata jtuy inve'stigatiiori have aeiffilerunder seal, aid the Palm Beach Police Department's probable cause affidavit has never been filed with the Court. If, in fact, you are referring to the Ex Parte Declaration of Joseph Recarey that was filed in response to the motion to quash the grand jury subpoena, it was filed both under seal and ex parte, so no one should have access to it except the Court and myself. Those documents are still in the Court file only because you have violated one of the terms of the Agreement by failing to "withdraw (Epstein's] pending motion to intervene and to quash certain grand jury subpoenas." US_Atty_Cor_00270 EFTA00235596 JAY P. LEFROWITZ, ESQ. DECEMBER 13, 2007 PAGE 5 ot, 5 With respect tcall I contacted her attorney — who was paid for by Mr. Epstein and was directed by counsel for Mr. Epstein to demand immunity — and asked only whether he gill represented...md if he wanted me to send the victim notification letter to him. He asked what the letter would say and I told him that the letter would be forthcoming in about a week and that I could not provide him with the terms. With respect wastatus as a victim, you again want us to accept as true onl fac that are beneficial to your client and to reject as false anything detrimental to him. rnade a number of statements that are contradicted by documentary evidence and a review of her recorded statement shows her lack of credibility with respect to a number of statements. Based upon all of the evidence collecte is classified as a victim as defined by statute. Of course, that does not mean tha considers herself a victim or that she would seek damages from Mr. Epstein. I believe a number of the identified victims will not seek damages, but that does not negate their legal status as victims. I hope that you now understand that your accusations against myself and the agents are unfounded. In the future, I recommend that you address your accusations to me so that I can correct any misunderstandings before you make false allegations to others in the Department. I hope that we can move forward with a professional resolution of this matter, whether that be by your client's adherence to the contract that he signed, or by virtue of a trial. Sincerely, R. Alexander Acosta United States Attorney By: i a Assistant United States Attorney cc: It. Alexander Acosta, U.S. Attorney Jeffrey Sloman, First Assistant U.S. Attorney You also accuse me of "broaden[ing] the scope of the investigation without any foundation for doing so by adding charges of money laundering and violations of a money transmitting business to the investigation." Again, I consulted with the Justice Department's Money Laundering Section about my analysis before expanding that scope. The duty attorney agreed with my analysis. US_Atty_Cor_00271 EFTA00235597 12/10,07 veo 17:03 FAXJ05 330 6440 SXECUTIVB OFFICE U.S. Department of Justice United States Attorney Southern District of Florida A AuxUWER ACOSTA OVIT0DST4TE3firrOreigi, DMZ& Y By FACSII4X-4 Lillynni Sanchez Fowler White BMW, PA 1395 Brickell Ave, 14° Float Miami, FL 33 I 31 Re: Jeff rein Dear Ms. Sanchez: Alt tit 4 Sinn ,Matt Ft. 33132 005)961.9100 - Totophm 003)3304FM - florsPago December 19, 2007 I write to follow up on the December 14th meeting between defense counsel and the Epstein prosecutors, as well as our First Assistant, the Miami FM Special Agent in Charge and myself.' f write to you because 1am not certain who among the defense team is the appropriate recipient of this letter. 1 address issues raised by several members of the defense team, and would thus ask that you please provide a copy of this letter to all appropriate defense team numbers. First, I would like to address the Section 2255 issue .2 As I stated in my December 4* letter, my understanding is that the lgon-Prosecution Agreement entered into between this Office and Mr. Epsteinresponds to Mr. Epstein's &skew reach a global resolution of his state and federal criminal liability. tinder this Agreement, tbis District has agreed to defer prosecution forentanerauxlsections 3 over the past two weeks, we have received several hundred pages of assonants and tabiblis from defense counsel. This is not the forum to respond to the several hats raised. attd our silence should not te interpret as agseelneoli I would, however. like to address one Issue. Your December lit" letter mutts that as a result of defense emend objections to at appointment mecca, the USA° proposed an addendum to the Agreartern to provide tin dm use of imkpendcm third patty selector. M I tomil this matter, before I had any knowledge of defense counsel objections, I rue spa* proposed the AddenduM to Mr. Lelkowitz at an October manias in Palm Beach. I did this in an anempt to avoid what I foresaw would likely be 3 litigious selection placate It was nnly after ) proposal this clump that Mr. beficoveltz raised with melt enumerated concerts. Sealers 2355 provides that: "lalny person who, while a minor, was a victin of a violation of [enumerated sections of Title In end who suffers personalNue) as a result of such violation tray sue in any appropriate United States Diurict Court and shall recover the actual damages such person suttatng and the cost of the suit, including a reasonable attorney's fee- 002 US_Atty_Cor_00272 EFTA00235598 12/19/07 in 17:03 FAX 305 530 8440 etuctrrIva CIVICS of Title IS in favor of prosecution by the State of Florida, provided that the Mr. Epstein satisfies three general federal interests: (1) that Mr. Epstein plead guilty to a "registerable" state offense; (2) that this state plea include a binding recommendation Ma sufficient term of imprisonment; and (3) that the Agreement not harm the interests of his victims. With this in mind, I have considered defense counsel arguments regarding the Section 2255 portions of the Agreement, As l previously observed, our intent has been to place tine victims in the same position as they would have been had Mr. Epsteinbeen Convicted at trial. No more; no less. From our meeting, it appears that the defense agrees that this was the Intent, During the course of negotiations that intent was reduced to writing in Paragraphs 7 and 8, which as i wrote previously, appear for from simple to understand. I would thus propose that we solve our disagreements over interpretations by saying precisely what we mean, in a simple titration, I would replace Paragraphs 7 and 8 with the following language: "Any person, who while a minor, was a victim of a violation of an offense enumerated in Title 18, United Slates Code, Section 2255, will have the same rights to proceed under Section 2255 as she would have bad, if Mr. Epstein been tried federally and convicted of an tuntrnerated offense. For purposes of implementing this paragraph, the United Stain shall provide Mr. Epstein's attorneys with a list of individuals whom it was prepared to name in an 'Indictment as victims of au enumerated offense by Mr. Epstein. Any judicial authority interpreting this provision, includingany authority detennining which evidentiary burdens if any a plaintiff must meet, shell consider that it is the intent of the parties to place these identified victims in the same position as they would have been had Mr, Epstein been convicted at trial. No mom; no lesa" Second, I would like to address the issue of victim's rights pursuant to Section 3771. i understand that the defense objects to the victims being given notice of time and place of Mr. Epstein's state court sentencing hearing. I have reviewed the proposed victim notification letter and the statute. I would note that the United States provided the draft letter to defense as a courtesy. in addition, f:Irst Assistant United States Attorney Sloman already incorporated in the letter several edits that had been guested by defense counsel. I agree that Section 3771 applies to notice of proceedings and results of investigations of federal cantos as opposed to the state crime. We intend to provide victims with notice of the federal resolution, as required by law. We will defer to the discretion of the State Attorney regarding whether be wishes to provide victims with notice of the state proceedings, although we will provide him with the information necessary to do so if he wishes. Third, I would like to address the issue raised regarding Florida Statute Section 796.03. At our meeting, Professor Dershowite took the position that Mr. Epstein believes that his conduct does not satisfy the elements of this offense. His assertion raises for me substantial concerns. This Off= will not, and cannot, be a party to an agreement in which, Mr. Lipstein pleads guilty to an offense that he believes he did not commit. We are considering how best to proceed. 2 X1003 US_Atty_Cor_00273 EFTA00235599 12/10/07 TED 17:04 FAX 305 530 8440 EXECUTIVE OFFICE Finally, I would like to address a more general point. Our Agreement was first signed on September 201,2007. Pursuant to paragraph 11,1*. Epstein was to use illsbestefforts to enter his guilty plea and be sentenced no later than October 26,2007. As outlined in correspondence between our prosecutors and defense counsel, this deadline came and went. Our prosecutors reiterated in defense counsel several times their concerns regarding delays, and in fact, asked me several vaxlcs ago to declare the Agreement in breach because of those delays I resisted that invitation. I share this fact because it is background to my frustration with what appears to be an 1 la hour appeal. weeks before the now scheduled January 4th plea date. This said, the issues raised are important and must be fully vetted irrespective of timeliness concerns. We hope to preserve the January 4a data I understand that defense counsel shares our desire not to move that appearance and will work with our office to expedite this process over the next several days. With this in mind, and in the event that defense counsel may wish to seek review of our determinations in Washington D.C., I spoke this past Monday with the Assistant Attorney General Fisher, to Inform her of a possible appeal, to ask her to grant the potential request for review, and to In fret review this case In an copedited manner to attempt to preserve the January ea pleadate. I want to again reiterate that it is not the intention of this Office ever to force the hand of a defendant to enter into an agreementagainst his wishes. Your client has the right to proceed to trial, and he should do so If he believes that he did not commit the elements of the charged offense. I will respond to the pending issues shortly. In the interim, I would ask that you communicate your position with respect to the sections 2255 and 3371 issues as quickly as possible. Sincerely, R. ALEXANDER ACOSTA UNITED STATES ATTORNEY cc: Alice Fisher, Assistant Attorney General JeTheyelicirst Assistant U.S. Attorney AUSA lillafafia 3 e004 US_Atty_Cor_00274 EFTA00235600 "Acosta. Alex (USAFLS)' To <JLelkowitz@kirkland.com> <AJexAcosta©u sdoj.gov, bcc 12/20/2007 02:19 Subject Re: Important PM If you do prefer to talk, 10 to noon, or 2 to 3 would work. Sent from my BlackBerry Wireless Handheld Original Message From: Acosta, Alex (USAFLS) To: 'JLefkowitz@kirkland.com' Sloman, (USAFLS) Sir irel t 2007 Subject: Re: Important Sure. Not a problem. We can also talk by phone if that's easier. Sent from my BlackBerry Wireless Handheld Original Messag From: Jay Lefkowitz To: Acosta, Alex (USAFLS Sent: Thu Dec 20 13:37:33 2007 Subject: Important ******* ***** ** ************** *********** ***** * ********* The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addr . It is the property of Kirkland G Ellis LLP or Kirkland 6 Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this US_Atty_Cor_00275 EFTA00235601 communication in error, please notify us immediately by return e-mail or by e-mail to postmastergkirkland.com, and destroy this communication and all copies thereof, including all attachments. US_Atty_Cor_00276 EFTA00235602 "Acmes, Alec (USAPLSr <Alexacostegu sdal.pova• 12(27/2007 01:32 PM To <JLefkowttz©kkItland.coo> cc bcc Subject Re: Not a probelm. We can talk later in the week or weekend if its easier. Sent from my BlackBerry Wireless Handheld Original Message From: Jay Lefkowitz 11. > To: Acosta, Alex (US Cc: Sloman, (USAFLS); (USAFLS) Sent: Thu Dec 27 12:21:50 2007 Subject: Re: Original Message From: "Acosta, Alex (USAFLS)" LAlex.Acostaeusdoj.gov) Sent: 12/27/2007 11:37 AM EST To: Jay Lefkowi z Cc: "Sloman, (USAFI.S) • USAFLS)" Subject: RE: Jay -- I just reviewed the letter. I agree that we should talk. Can you give me some times that work on your end, and we'll try to set something up? Original Message From: Jay Lefkowitz [mailto:6.11. ] Sent: Wednesday, December 2 , : P To: Acosta, Alex (USAFLS) Subject: US_Atty_Cor_00277 EFTA00235603 ***** The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland 6, Ellis LLP or Kirkland 6 Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments. * ******** * ***** ************** ******** * ****** ********** ***** ***a* The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland 6 Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, end destroy this communication and all copies thereof, including all attachments. US_Atty_Cor_00278 EFTA00235604 "Acoste,Alex To cksfluwdiz MddandoznWYSbmaN USAFLSr (USAFLS) ,nAMOants, <AlmAcostattu *&44100 cc 12/28/2007 02:18 PM boo Subject Re: Jay - I don't know what will happen at this point. May be best to wait until after we speak monday morning. Alex Sent from my BlackBerry Wireless Handheld Original Message From: Jay Lefkowitz To: Acosta, Alex (USA Sent: Fri Dec 28 13:52:31 2007 Subject: Re: Original Message From: "Acosta, Alex (USAFLS)" (Alex.Acostailusdoj.gov) Sent: 12/28/2007 01:35 PM EST To: Jay Lefkowitz Subject: Re: Jay _ I want to respect your sabbath. Let's just talk monday morning. Would 11 am work? Sent from my BlackBerry Wireless Handheld Original Message From: Jay Lefkowitz To: Acosta, Alex (USA Sent: Fri Dec 28 12:51:13 2007 US_Atty_Cor_00279 EFTA00235605 The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e—mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments. * * * * * ******** * ****** ******* ***** ** *********** ************** The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmasterBkirkland.com, and destroy this communication and all copies thereof, including all attachments. US_Atty_Cor_00280 EFTA00235606 "Acosta, Alex (USAFter <Alec.Acosta@usd ot.gov, 12!31/200711:05 AM will do. 3 min. To "Jay Le&ovate anillIM> cc bcc Subject RE: Original Message From: Jay Lefkowitz (mailto ) Sent: Monday, December 31, 2007 11:02 AM To: Acosta, Alex (USAFL$) Subject: ********** *it ************ *******41.* ***** *ilk** ***** The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmasterOkirkland.com, and destroy this communication and all copies thereof, including all attachments. US_Atty_Cor_00281 EFTA00235607 Jay LeficovAtz/New YorkiKtrkland•Eilis 01/022008 03:44 PM To "Acosta, Alex (USAFLS)" cAlexAcosta@ruscioj.g cc "Acosta, Alex (USAFLS)" eatex.Acosta@eadoi.g "Castillo, Annette (USAFLS)* cAnnette.Castillog "Sloman. MUSAFLS)" bcc Subject RE:® "Acosta, Alex (USAFLS)* <AlexAcosta@usdoj.gov> "Acosta, Alex (USAFLS)' <Alex:Acosta@ usdoj.gov> 01/02/2008 03:36 PM To -Acosta, Alex (USAFLS)• <Alex.Acosta(pusdoj.gov>, Latkowite <JLelkovoltzgkireland.com> cc 'Castillo, Annette (USAFLS • <Annette.Castelo@usdol.g- "Sioman, eusAF, goy> Subject RE: Actually, the morning is bad. How about 3pm or 4pm? From: Acosta, Alex (USAFLS) Sent Wednesday, January 02, 2008 3:33 PM To: Jay Lefkowitz Cc: Castillo, Annette (USAFLS); Sloman, ■(USAFLS) Subjects RE: 11 am? From: Jay Lefkowitz Sent: Wednesday, January , To: Acosta, Alex (USARS) Subject WPM The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the add . It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly US_Atty_Cor_00282 EFTA00235608 Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments. 44********** ****** **** ********* **ie..*** *********** ***** 9 - US_Atty_Cor_00283 EFTA00235609 •Acosta, Alex (USAFLSr <A)sx.Acostoausdoi.gow 01/07/2008 11:28AM Not a problem. Original Message From: Jay Lefkowitz Sent: Monday, January 07, 20 To: Acosta, Alex (USAFLS) Subject: To "Jay Lefkowite <AefkowItz@kirkland.cot cc "Castillo. Annette (USAFLS)" eAnnette.C4 bet Subject RE: ***** The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland fi Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmastergkirkland.com, and destroy this communication and all copies thereof, including all attachments. US_Atty_Cor_00284 EFTA00235610 5eumsm,Ales(USAFLE)" <Alex.Acosta@usdoj.gon 01/07/2008 11:28 AM To 'Jay Lefty:mite cc "CaMillo,Aplione(USAFLS)"cAnne8e.C1 bcc Subject RE: Not a problem. -----Original Message From: Jay Lefkowitz Imailto:JLefkowitzOkirkland.com) Sent: Monday, January 07, 2005 11:21 AM To: Acosta, Alex (USSFLS) Subject: a The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmasterikirkland.cem, and destroy this communication and all copies thereof, including all attachments. US_Atty_Cor_00285 EFTA00235611 "Acosta, Alex (USAFLS)* <Alex.Acosta@usdol.goy> 01/07/2008 03:41 PM To "Jay Lefkowitz" <JLelkowitz@idrkland.coi cc "Castillo, Annette (USAFLS)" <Annette.CI "Kristin Andersen" ckandersen@kirkland. bee Subject RE: Annettga,,gan you pis provide to Jay the conf. table speaker phone ft., for =and I. From: Jay Lefkown [mallto:JLefkowitz@klrldand.com) Sent: Wednesday, January 02, 2008 3:44 PM To: Acosta, Alex (USAFLS) Cc: Acosta, Alex (USAFLS); Castillo, An e (USAFLS); Sloman, (USAFLS); Kristin Andersen Subject: RE: S "Acosta, Alex (USAFLS)" <Alex Ac ontaausdo) goy 01/02/2008 03:36 PM TtrAcosta. Alex (USAFLS)" eatex.Acosta@usdoj.gov, , "Jay Leatorette 4IMINMMit ceCtisthlo. Amalie (USAFLS)" eannotte.CasliN ectojew., "Stamm nuSAFtSr SublocRE Actually, the morning is bad. How about 3pm or 4pm? From: Acosta, Alex (USAFLS) Sent Wednesday, January 02, 2008 3:33 PM To: Jay Lefkowitz Cc Castillo, Annette (USAFLS); Stoman, (USAFLS) Subject RE: 11 am? From: Jay LefkOwiU [manta Sent Wednesday, January 02, 2008 2:46 PM To: Acosta, Alex (USAFLS) Subject US_Atty_Cor_00286 EFTA00235612 a The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of thi addr . It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmasterekirkland.com, and destroy this communication and all copies thereof, including all attachments. The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmasterekirkland.com, and destroy this communication and all copies thereof, including all attachments. US_Atty_Cor_00287 EFTA00235613 'Acosta, Alex (USAFLS)" *Alox.Aconausdolgoo 01/30/2008 06:33 PM To <JLefkowitz©Icirkland.corn> cc bcc Subject Re: Jay - Thanks for the email. I sent it along to the trial team. I'm also looking forward to when this is over, so we can talk about non-work matters. Hope all is well with you and the family. Alex. Sent from my BlackBerry Wireless Handheld Original Messals , From: Jay Lefkowitz To: Acosta, Alex (USAFLS) Sent: Wed Jan 30 13:07:11 2000 • **IV** *********** ***** *Ike** ********** t* ********* ******* The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for US_Atty_Cor_00288 EFTA00235614 the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmesterekirkland.com, and destroy this communication and all copies thereof, including all attachments. US_Atty_Cor_00289 EFTA00235615 Jay, au SAFLS)" sdol.govs. 02/2512008 07:43 PM To cc "Oosterbaan, Andrew' <Andrew.Oosterts bcc Subject Epstein The Section Chief of Dears Child Exploitation Obscenity Section (CEOS) notified me today that he will review the matter involving your client Jeffrey Epstein. The Section Chief has indicated that he is ready to proceed immediately, and I understand you are in the process of providing him this week with a summary of issues to be reviewed, and expect to meet with him next week. The Section Chief also indicated that you would be calling this Office regarding the upcoming March 3, 2008 court date in the Fifteenth Judicial Circuit, in and for Palm Beach County. As you know, the Agreement entered into by your client originally provided that the United States Attorney's Office for the Southern District of Florida (this Office) would defer prosecution if your client pled guilty to enumerated state charges by October 26, 2007. Since then, that date has been postponed for a number of reasons. At this juncture, it would not be reasonable to keep the current March 3s date as a deadline for compliance with the Agreement. That said, this Office is very concerned about additional delays. Despite this concern, I want to assure you that if counsel for Mr. Epstein meets with CEOS next week (the week of March 3), this Office will extend the time for compliance with the Agreement to provide CEOS time to engage in a thorough review. It goes without saying that in the event that CEOS decides that a federal prosecution should not be undertaken against Mr. Epstein, this Office will close its US_Atty_Cor_00290 EFTA00235616 investigation. However, should CEOS disagree with Mr. Epstein's position, Mr. Epstein shall have one week to abide by the terms and conditions of the September 24, 2007 Agreement as amended by letter from United States Attorney Acosta to Jay Leflcowitz. Jeffrey H. Sloman First Assistant U.S. Attorney Southern District of Florida US_Atty_Cor_00291 EFTA00235617 <IaUSAPLS r usdej.govm 02/27/2008 09:45 PM To <JLeflcowitzakirkland.com> CC Vesta/bean, Andrew" <Andrew.Oostertm bcc Subject Fe: Epstein Sent from my BlackBerry Wireless Handheld Original Message From: Jeffrey Sloman <jalomanebellsouth.net> To: Sloman, pp (USAF1S) Sent: Wed Fe 21:37:02 2008 Subject: Epstein Jay, You have renewed your request for certain information which this Office does not generally make available in similar pre-indictment situations. After carefully considering your request, I have decided, in my capacity as the First Assistant V.S. Attorney, not to make an exception here. Regarding the Landon Thomas matter, Mr. Thomas was given, pursuant to his request, non-case specific information concerning specific federal statutes. Regarding the offer to extend the current deadline of March 3, 2008 contained in my February 25th email. That offer was based on counsel for Mr. Epstein meeting with CEOS the week of March 3rd. You indicate that you are unavailable. It is hard to imagine that some or all of the other attorneys representing Mr. Epstein cannot serve this function. After all, Mr. Epstein is also represented by Dean Kenneth Starr, Martin Weinberg, Roy Black, Gerald Lefcourt, Harvard Professor Alan Dershowitz, Lily III Sanchez, and Guy Lewis. That being said, the Southern District of Florida will only renew the offer to extend the current deadline if you and the CEOS Section Chief mutually agree on a timetable by close of business on Friday, February 29, 2008 to meet and complete presentations no later than March 19, 2008. Given that CEOS is ready to proceed US_Atty_Cor_00292 EFTA00235618 immediately, this seems like more than ample time. As I indicated.in my previous email, if CEOS subsequently decides that a federal prosecution should not be undertaken against Mr. Epstein, this Office will close its investigation. However, should CEOS disagree with Mr. Epstein's position, Mr. Epstein shall have one week to abide by the terms and conditions of the September 24, 2007 Agreement as amended by letter from United States Attorney Acosta. Jeffrey H. Sloman First Asst. US Attorney Southern District of Florida US_Atty_Cor_00293 EFTA00235619 Jay, S AFLSr 01.90v, 02/29t2008 07:17 PM To eaelkowitz@kkkland.com> cc bcc Subject Epstein I know you emailed the U.S. Attorney but I feel compelled to respond. In my Monday, February 25th email, I tried to express my concern, on behalf of the SDFL, about additional delays concerning this matter and the desire to expedite review without interfering or restricting the process. When you replied on Wednesday , February 27th, it seemed to me that nothing had much changed. Your email stated " because I am currently scheduled to be on trial all next week in Delaware, I don't think we will actually be able to begin meeting with Drew until the following week, at the earliest." I felt that no effort was being made towards scheduling, and that, at the very least, one of Mr. Epstein 's other lawyers could have attempted to schedule a meeting with CEOS. To put it another way, it appeared to me that this matter was going to drag unnecessarily. Obviously you sensed my frustration in my responding email which, in turn, generated your email to the USA. Late this afternoon, I was informed that you have scheduled a meeting with CEOS for March 12th. Obviously, I am heartened to hear of this development. Please be assured that it is not, and never has been, this Office's intent to interfere with or restrict the review process for either Mr. Epstein or CEOS. I leave it to you and CEOS to figure out how best to proceed and will await the results of that process. US_Atty_Cor_00294 EFTA00235620 (7) S loman, FAUSA US_Atty_Cor_00295 EFTA00235621 Subject: Epstein Jay, I know you emailed the U.S. Attorney but I feel compelled to respond. In my Monday, February 25th email, I tried to express my concern, on behalf of the SDFL, about additional delays concerning this matter and the desire to expedite review without interfering or restricting the process. When you replied on Wednesday , February 27th, it seemed to me that nothing had much changed. Your email stated "because I am currently scheduled to be on trial all next week in Delaware, I don't think we will actually be able to begin meeting with Drew until the following week, at the earliest." I felt that no effort was being made towards scheduling, and that, at the very least, one of Mr. Epstein's other lawyers could have attempted to schedule a meeting with CEOS. To put it another way, it appeared to me that this matter was going to drag unnecessarily. Obviously you sensed my frustration in my responding email which, in turn, generated your email to the USA. Late this afternoon, I was informed that you have scheduled a meeting with CEOS for March 12th. Obviously, I am heartened to hear of this development. Please be assured that it is not, and never has been, this Office's intent to interfere with or restrict the review process for either Mr. Epstein or CEOS. I leave it to you and CEOS to figure out how best to proceed and will await the results of that process. ■ Sloman, FAUSA US_Atty_Cor_00296 EFTA00235622 C) The information contained in this commun.. ication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of,. the add . It is the property of Kirkland & Ellis LLP or Kirkla.. nd & Ellis International LLP. Unauthorized use, disclosure or copying- of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in — error, please notify us immediately by return e-mail or by e-mail to postmasterekirkland.com, and destroy this communication and all coping. s thereof, including all attachments. US_Atty_Cor_00297 EFTA00235623 Jay, 03/05/2008 09:09 AM To "Jay Lefkowite <JLefkowitz@kirkland.cot cc bcc Subject RE: Epstein I have again carefully considered your request and have decided not to make an exception here. Sloman, FAUSA From: Jay Lefkowitz [malkot.ltatkowIt@kaldend.com] Sent TuesduMarch 04, 20O8 4:35 PM To: Sloman, (USARS) Subject Re: Epsbain -- Original Original Masse - From: "Slomaa. (USAFLS)" Sent: 02/29/2008 07:17 PM EST To: Jay Lefkowitz US_Atty_Cor_00298 EFTA00235624 05/16/2008 11:18 FAS 05/18/08 PEI 11:08 PAX UNITED STATES DEPARTME Criminal Divisio Child Exploitation and Obsc 1400 New York Avenue, NW Suite 600 Washington, DC 20530-0001 • 20005 • TO: Alexander Aoosta, Esq. Tay parkawftz, Esq. . OFFICE NUMBER: Lc-4-w bo FAX NUMBER: 305/530-7087 FROM: Alexandra Gelber DATEMME: May 16, 2008 OFFICE NUMBER: (202) 514-5780 NUMBER OF PAGES, FXCLUDINO THIS SHEET: 5 SPECIAL INSTRUCTIONS: US_Atty_Cor_00299 EFTA00235625 05/16/2008 11:16 FAX ' 05/16/08 FRI 11:08 FAX U.S. Department of Justice Criminal Division Andrew G. Oostettaan, Chief Q002/006 J002 add efftlelearion end Ott X•6110“ Jay Lefkowitz, Esq. Kirkland & Ellis LISP Citigroup Center 153 E. 5314 St New York, NY 10022-4611 Re: Investigation ()Peery Epstein Dear Mr. Lefkowitz: 1400 New York Amu% NW Sane 600 Walkinstax. DC 20130 (2o2) )11-57$0 FAX.• (202)1/44793 May 15, 2008 Pursuant to your request and the request of U.S. Attorney R. Alexander Acosta, we have independently evaluated certain issues raised in the investigation offefftey Epstein to determine whether a decision to prosecute Mr. Epstein for federal criminal violations would contradict criminal enforcement policy interests. As part of our evaluation, we have reviewed letters written on behalf of Mr. Epstein on Febniary 1, 2007, June 25, 2007, July 6, 2007, March 28, 2008, April 8, 2008, April 28, 2008, and May 14, 2008, with their attachments. We have also reviewed memos prepared by the U.S. Attorney's Office. As you will recall, we met with you and other representatives of Mr. Epstein to further discuss your views on the propriety of a federal prosecution. We have discussed the factual and legal issues you raise with the Criminal Division's Appellate Section, and we consulted with the Office of Enforcement Operations concerning the petite policy. We are examining the narrow question as to whether there is a legitimate basis tbr the U.S. Attorney's Office to proceed with a federal prosecution of Mr. Epstein. Ultimately, the prosecutorial decision making authority within a U.S. Attorney's Office lies with the U.S. Attorney. Therefore, to borrow a phrase from the case law, the question we sought to answer was whether U.S. Attorney Acosta would abuse his discretion if he authorized prosecution in this case. As you know, our review of this case is limited, both factually and legally. We have not. looked at the entire universe of facts in this case. ft is not the role of the Criminal Division to re- conduct a complete factual inquiry from scratch. Furthermore, we did not analyze any issues concerning prosecution under federal statutes that do not pertain to child exploitation, such as the money laundering statutes. U S_Atty_C o r_00 30 0 EFTA00235626 05/18/2008 11:16 FAX 05/16/08 PRI 11:08 FAX Q003/006 11003 As was made clear at the outset, we did not review the facts, circumstances, or terms included in the plea offer, nor any allegations that individuals involved in the investigation engaged in misconduct. Despite that agreement, we note that your letters of April 8, April 28, and May 14 focus in large part on accusations of investigative or prosecutorial misconduct. Not only do allegations of prosecutorial misconduct fall outside the boundary of our agreed review, they also fall outside the authority of the Criminal Division in the first instance. Simply, the Criminal Division does not investigate or resolve allegations of professional misconduct by federal prosecutors. For these reasons, we do not respond to the portion of those letters that discuss alleged misconduct. Based on our review of all of these materials, and after careful consideration of the issues, we conclude that U.S. Attorney Acosta could properly use his discretion to authorize prosecution in this case. We will briefly address each of the issues that you have raised. Knowledge ofage. Federal child exploitation statutes differ as to whether there must be proof that the defendant was aware that the children were under the age of 18. However, even for those statutes where knowledge of age is an element of the offense, it is possible to satisfy that element with proof that the defendant was deliberately ignorant of facts which would suggest that the person was a minor. For that reason, the fact that some of the individuals allegedly lied to Mr. Epstein about their age is not dispositive of the issue. While there may be an open factual issue as to Mr. Epstein's knowledge, we cannot say that it would be impossible to prove knowledge of age for any such charges which require it. Therefore, Mr. Acosta could rightfully conclude that this factual issue is best resolved by a jury. Travel for the purpose. In the materials you prepared, you suggest that Mr. Epstein should not be charged with violating 13 U.S.C. § 2423(b) because his dominant purpose in going to Florida was not to engage in illegal sexual activity, but rather to return to one of his residences. While we fully understand your argument, we also find that the U.S. Attorney's office has a good faith basis fully to develop the facts on this issue and brief the law to permit a court to decide whether the law properly reaches such conduct. Mr. Acosta would not be abusing his discretion if he decided to pursue such a course of action. intent to engage In the conduct at the time of travel. Based on our review of the facts of this case, we respectibily disagree that there is no evidence concerning Mr. Epstein's intent when he traveled, and when that intent was formed. Should Mr. Acosta elect to let the case proceed so that a jury can resolve this factual issue, he would be within his discretion to do so. Use oja porno, or means of Interstate or foreign commerce. Much of the materials you have prepared and much of the meeting we had focused on 18 U.S.C. § 2422(b), specifically your contention that Mr. Epstein did not use the phone to coerce anyone to engage in illegal sexual activity. We understand the issue you raise concerning the statutory interpretation. As before, however, we cannot agree that there is no evidence that would support a charge under Section 2422(b), nor can we agree that there is no argument in support of the application of that statute to this case. Finally, our assessment is that the application of that statute to these facts would not be 2 US_Atty_Cor_00301 EFTA00235627 06/16/2006 11:16 FAX 05/16706 FRI 11:09 FAX R)004/006 so novel as to implicate the so-called "clear statement rule," the Er Past Facto clause, or the Due Process clause. As with the other legal issues, Mr. Acosta may elect to proceed with the case. Absence of coercion. With respect to 18 U.S.C. § 1591, the alleged absence of the use of force, fraud, or coercion is of no moment. The statute does not require the use of force, fraud, and coercion against minors. Because of their ago, a degree of coercion is presumed. In your materials, you note that the statute requires that the minors must be "caused" to engage in a commercial sex act, further arguing that the word "cause" suggests that a certain amount of undue influence was used. We reject that interpretation, as it would read back into the offense an element•-coercion—that Congress has expressly excluded. We have successfully prosecuted defendants for the commercial sexual exploitation of minors, even when the minors testified that not only did they voluntarily engage in the commercial sex acts, it was their idea to do so. As such, Mr. Acosta could properly decide to pursue charges under Section 1591 even if there is no evidence of coercion. More broadly, a defendant's criminal liability does not hinge on his victim identifying as having suffered at his hands. Therefore, a prosecution could proceed, should Mr. Acosta decide to do so, even though some of the young women allegedly have said that they do not view themselves as victims. Witness credibility. As all prosecutors know, there arc no perfect witnesses. Particularly in cases involving exploited children, as ono member of your defense team, Ms. Thacker, surely knows from her work at CEOS, it is not uncommon for victim-witnesses to give conflicting statements. The prosecutors are in the best position to assess the witness's credibility. Often, the prosecutor may decide that the best approach is to present the witness, let defense counsel explore the credibility problems on cross-examination, and let the jury resolve the issue. Mr. Acosta would be within his authority to select that approach, especially when here there are multiple, mutually-corroborating witnesses. Contradictions and omissions in the search warrant application. We have carofully reviewed the factual issues you raise concerning the search warrant application. For a search warrant to be suppressed, however, the factual errors must be material, and the officers must not have proceeded hr good faith. Despite the numerous factual errors you describe, the U.S. Attorney's Office could still plausibly argue that the mistakes—whether inadvertent or intentional—were not material to the determination that probable cause existed for a search, and that the search was in good faith in any event. As such, Mr. Acosta could properly elect to defend the scorch warrant in court rather than forego prosecution. Petite After reviewing the petite policy and consulting with the Office of Enforcement Operations ("020"), we conclude that the petite policy does not prohibit federal prosecution in this case. According to the U.S. Attorney's Manual, the petite policy "applies whenever there has been a prior state or federal prosecution resulting in an acquittal, a conviction, including one resulting from a plea agreement, or a dismissal or other termination of 3 O004 US_Atty_Cor_00302 EFTA00235628 fib 005/006 06/16/2008 11:17 FAX 06/16/08 FRI 11:09 FAX the case on the merits after jeopardy has attached." USAM 9-2.031(C). Our understanding is that the state case is still pending. As such, the procedural posture of the state case does not implicate the petite policy. We recognize that the petite policy could be triggered if the state case concluded after a federal indictment was issued but prior to the commencement of any federal trial. Id. However, the policy "does not apply ... where (he (state) prosecution involved only a minor part of the contemplated federal charges." USAM 9-2.031(B). Based on our understanding of the possible federal charges and existing state charges, we do not think the petite policy would be an issue should federal proceedings take place. Federalism and Prosecutorial Discretion. All of the above issues essentially ask whether a federal prosecution can proceed. We understand, however, that you also ask whether a federal prosecution should proceed, even in the event that an of the elements of a federal offense could be proven. On this issue, you raised two arguments: that the conduct at issue here is traditionally a state concern because the activity is entirely local, and that the typical prosecution under federal child exploitation statutes have different facts than the ones implicated here. You have essentially asked us to look into whether a prosecution would so violate federal prosecutorial policy that a United States Attorney's Office should not pursue a prosecution, We do not think that is the case here for the following reasons. Simply, the commercial sexual exploitation of children is a federal concern, even when the conduct is local, and regardless of whether the defendant provided the child (the "pimp") or paid for the child (the "john"). In your materials, you refer to a letter sent by the Department of Justice to Congress in which the Department expresses concern over the expansion of federal laws to reach almost all instances of prostitution. In that portion of the letter, the Department was expressly referring to a proposed federal law that reach adult prostitution where no force, fraud, or coercion was used. Indeed, the point being made in that letter is that the Department's efforts arc properly focused on the commercial sexual exploitation of children and the exploitation of adults through the use of force, fraud, or coercion. As such, there is no inconsistency between the position taken in that letter and the federal prosecution of wholly local instances of the commercial sexual exploitation of children. If Congress wanted to limit the reach of federal statutes only to those who profit from the commercial sexual exploitation of children, or only to those who actually traffic children across state lines, it could have done so. It did not. Finally, that a prosecution of Mt Epstein might not look precisely Jike the cases that came before it is not dispositive. We can say with confidence that this case is consistent in principle with other federal prosecutions nationwide. As such, Mr. Acosta can soundly exercise his authority to decide to pursue a prosecution even though it might involve a novel application of a federal statute. Conclusion. After carefully considering all the factual and legal issues raised, as well as the arguments concerning the general propriety of a federal case against Mr. Epstein on these 4 @nob US_Atty_Cor_00303 EFTA00235629 --• --• ----- -- 05/16/0$ Fit 11:10 PAX WiluvW vy.• (hoes facts, we conclude that federal prosecution in this case would not be improper or inappropriate. While you raise many compelling arguments, we do not see anything that rays co us categorically that a federal case should not be brought. Mr. Acosta would not be abusing hie prosecutorial discretion should he authorize fodaal prosecution of Mr. Shwa* co: AM) Alice S. Fisher DAAG Sigal P. Mandelker U.S. Attorney R. Alexander Acosta a S OOSterballt US_Atty_Cor_00304 EFTA00235630 05/16/2008 11:18 FAX 05/18/08 FRE 11:08 FAX U.S. Department of Justice Criminal Division Andrew 0. Oosterbaan, Chief cb002/008 Q002 Child ka,ploliarlun and Obnvnity Ration Jay Lefkowitz, Esq. Kirkland & Ellis LLP Citigroup Center 153 E. 53i8 St. New York, NY 10022-4611 Re: Investigation of Jeffery Epstein Dear Mr. Lefkowitz: 1400 AM York Ammo, NW SW. 600 frottlagton. DC 28130 (302) 5/4.5740 PAX: (202) 1/4-179) May 15, 2008 Pursuant to your request and the request of U.S. Attorney R. Alexander Acosta, we have independently evaluated certain issues raised in the investigation of Jeffrey Epstein to determine whether a decision to prosecute Mr. Epstein for federal criminal violations would contradict criminal enforcement policy interests. As part of our evaluation, we have reviewed letters written on behalf of Mr. Epstein on February 1, 2007, June 25, 2007, July 6, 2007, March 28, 2008, April 8, 2008, April 28, 2008, and May 14, 2008, with their attachments. We have also reviewed memos prepared by the U.S. Attorney's Office. As you will recall, we met with you and other representatives of Mr. Epstein to further discuss your views on the propriety of a federal prosecution. We have discussed the factual and legal issues you raise with the Criminal Division's Appellate Section, and we consulted with the Office of Enforcement Operations concerning the petite policy. We are examining the narrow question as to whether there is a legitimate basis for the U.S. Attorney's Office to proceed with a federal prosecution of Mr. Epstein. Ultimately, the prosecutorial decision making authority within a U.S. Attorney's Office lies with the U.S. Attorney. Therefore, to borrow a phrase from the case law, the question we sought to answer was whether U.S. Attorney Acosta would abuse his discretion if he authorized prosecution in this case. As you know, our review of this case is limited, both factually and legally. We have not looked at the entire universe of facts in this case. ft is not the role of the Criminal Division to re- conduct a complete factual inquiry from scratch. Furthermore, we did not analyze any issues concerning prosecution under federal statutes that do not pertain to child exploitation, such as the money laundering statutes. U S_At t y_C o r_O 0 30 5 EFTA00235631 06/16/2008 11:16 FAX 05/16/08 PRI 11:08 FAX 133003/006 Q) 003 As was made clear at the outset, we did not review the facts, circumstances, or terms included in tho plea offer, nor any allegations that individuals involved in the investigation engaged in misconduct. Despite that agreement, we note that your letters of April 8, April 28, and May 14 focus in large part on accusations of investigative or prosecutorial misconduct. Not only do allegations of prosecutorial misconduct fall outside the boundary of our agreed review, they also fall outside the authority of the Criminal Division in the first instance. Simply, the Criminal Division does not investigate or resolve allegations of professional misconduct by federal prosecutors. For these reasons, we do not respond to the portion of thoso letters that discuss alleged misconduct. Based on our review of all of these materials, and after careful consideration of the issues, we conclude that U.S. Attorney Acosta could properly use his discretion to authorize prosecution in this case. We will briefly address each of the issues that you have raised. Knowledge of age. Federal child exploitation statutes differ us to whether there must be proof that the defendant was aware that the children were under the age of 18. However, even for those statutes where knowledge of age is an element of the offense, it is possible to satisfy that element with proof that the defendant was deliberately ignorant of facts which would suggest that the person was a minor, For that reason, the fact that some of the individuals allegedly lied to Mr. Epstein about their age is not dispositivc of the issue. While there may be an open factual issue as to Mr. Epstein's knowledge, we cannot say that it would be impossible to prove knowledge of age for any such charges which require it. Therefore, Mr. Acosta could rightfitlly conclude that this factual issue is best resolved by a jury. Travel for the purpose. In the materials you prepared, you suggest that Mr. Epstein should not be charged with violating 18 U.S.C. § 2423(b) because his dominant purpose in going to Florida was not to engage in illegal sexual activity, but rather to return to one of his residences. While we fully understood your argument, we also find that the U.S. Attorney's office has a good faith basis fully to develop the facts on this issue and brief the law to permit a court to decide whether the law properly reaches such conduct. Mr. Acosta would not be abusing his discretion if he decided to pursue such a course of action. intent to engage in the conduct at the time oftravel. Based on our review of the facts of this case, we respeetffilly disagree that there is no evidence concerning Mr. Epstein's intent when he traveled, and when that intent was formed. Sbould Mr. Acosta elect to let the case proceed so that a jury can resolve this factual issue, he would be within his discretion to do so. Use of a facility or means of interstate orfortagn commerce. Much of the materials you have prepared and much of the meeting we had focused on 18 U.S.C. § 2422(b), specifically your contention that Mr. Epstein did not use the phone to coerce anyone to engage in illegal sexual activity. We understand the issue you raise concerning the statutory interpretation. As before. however, we cannot agree that there is no evidence that would support a charge under Section 2422(b), nor can we agree that there is no argument in support of the application of that statute to this case. Finally. our assessment is that the application of that statute to these facts would not be 2 US_Atty_Cor_00306 EFTA00235632 05/16/2008 11:16 RAI 05/16/08 PRI 11:09 FAS Q004/006 so novel as to implicate the so-called "clear statement rule," the Lx Post Facto clause, or the Due Process clause. As with the other legal issues, Mr. Acosta may elect to proceed with the case. Absence of coercion. With respect to 18 U.S.C. § 1591, the alleged absence of the use of force, fraud, or coercion is of no moment. The statute does not require the use of force, fraud, and coercion against minors. Because of their age, a degree of coercion is presumed. In your materials, you note that the statute requires that the minors must be "caused" to engage in a commercial sex act, further arguing that the word "cause" suggests that a certain amount of undue influence was used. We reject that interpretation, as it would read back into the offense an element-coercion—that Congress has expressly excluded. We have successfully prosecuted defendants for the commercial sexual exploitation of minors, even when the minors testified that not only did they voluntarily engage in the commercial sex acts, it was their idea to do so. As such, Mr. Acosta could properly decide to pursue charges under Section 1591 even if there is no evidence of coercion. More broadly, a defendant's criminal liability does not hinge on his victim identifying as having suffered at his hands. Therefore, a prosecution could proceed, should Mr. Acosta decide to do so, even though some of the young women allegedly have said that they do not view themselves as victims. Witness credibility. As all prosecutors know, there are no perfect witnesses. Particularly in cases involving exploited children, as one member of your defense learn, Ms. Thacker, surely knows front her work at CEOS, it is not uncommon for victim-witnesses to give conflicting statements. The prosecutors are in the best position to assess the witness's credibility. Often, the prosecutor may decide that the best approach is to present the witness, let defense counsel explore the credibility problems on cross-examination, and let the jury resolve the issue. Mr. Acosta would be within his authority to select that approach, especially when hero there arc multiple, mutually-corroborating witnesses. Contradictions and omissions in the search warrant application. We have carefully reviewed the factual issues you raise concerning the search warrant application. For a search warrant to be suppressed, however, the factual errors must be material, and the officers must not have proceeded in good faith. Despite the numerous factual errors you describe, the U.S. Attorney's Office could still plausibly argue that the mistakes—whether inadvertent or intentional—were not material to the determination that probable cause existed for a search, and that the search was in good faith in any event. As such, Mr. Acosta could properly elect to defend the search warrant in court rather than forego prosecution. Petite Policy: After reviewing the petite policy and consulting with the Office of Enforcement Operations ("O2O"), we conclude that the polite policy does not prohibit federal prosecution in this case. According to the U.S. Attorney's Manual, the pctitc policy "applies whenever there has been a prior state or federal prosecution resulting in an acquittal, a conviction, including one resulting from a plea agreement, or a dismissal or other termination of 3 e004 US_Atty_Cor_00307 EFTA00235633 ®005/006 • 06/16/2008 11:17 FAS 05/16/08 FRI 11:09 FAX the case on the merits after jeopardy has attached." USAM 9-2.03I(C). Our understanding is that the state case is still pending. As such, the procedural posture of the state case does not implicate the petite policy. We recognize that the petite policy could be triggered if the state case concluded after a federal indictment was issued but prior to the commencement of any federal trial. Id. However, the policy "does not apply ... where the (state) prosecution involved only a minor part of the contemplated federal charges." US AM 9-2.031(B). Based on our understanding of the possible federal charges and existing state charges, we do not think the petite policy would be an issue should federal proceedings take place. Federalism and Prosecutorial Discretion. All of the above issues essentially ask whether a federal prosecution can proceed. We understand, however, that you also ask whether a federal prosecution should proceed, even in the event that all of the elements of a federal offense could be proven. On this issue, you raised two arguments: that the conduct at issue here is traditionally a state concern because the activity is entirely local, and that the typical prosecution under federal child exploitation statutes have different facts than the ones implicated here. You have essentially asked us to look into whether a prosecution would so violate federal prosecutorial policy that a United States Attorney's Office should not pursue a prosecution. We do not think that is the case here for the following reasons. Simply, the commercial sexual exploitation of children is a federal concern, even when the conduct is local, and regardless of whether the defendant provided the child (the "pimp") or paid for the child (the "john"). in your materials, you refer to a letter sent by the Department of Justice to Congress in which the Department expresses concern over the expansion of federal laws to reach almost all instances of prostitution. In that portion of the letter, the Department was expressly referring to a proposed federal law that reach adult prostitution where no force, fraud, or coercion was used. Indeed, the point being made in that letter is that the Department's efforts are properly focused on the commercial sexual exploitation of children and the exploitation of adults through the use of force, 'laud, or coercion. As such, there is no inconsistency between the position taken in that letter and the federal prosecution of wholly local instances of the commercial sexual exploitation of children. If Congress wanted to limit the reach of federal statutes only to those who profit front the commercial sexual exploitation of children, or only to those who actually traffic children across state lines, it could have done so. It did not. Finally, that a prosecution of Mr. Epstein might not look precisely like the cases that came before it is not dispositive. We can say with confidence that this case is consistent in principle with other federal prosecutions nationwide. As such, Mr. Acosta can soundly exercise his authority to decide to pursue a prosecution even though it might involve a novel application of a federal statute. Conclusion. After carefully considering all the factual and legal issues raised, as well as the arguments concerning the general propriety of a federal case against Mr. Epstein on these 4 ll 008 US_Atty_Cor_00308 EFTA00235634 05.0.0/01: FRI 11:10 FAX atoms facts, we conclude that federal prosecution in this ease would not bo improper or inappropriate. While you raise many compelling arguments, we do not see anything that says to us categorically that a federal cue should Dot be brought. Mr. Acosta would not be abusing his prosecutorial discretion should he authorize federal prosecution of Mr. gpotei S co: AAG Alice S. Either DRAG Sigel P. Mandencer U S. Attorney R. Alexander Acosta 5 . Oosterbaan US_Atty_Cor_00309 EFTA00235635 Jack Goldberger 4 From: Sent: To: Subject: Read carefully the GJ suspension portion of the non pros agreement. It says upon signing the non pros agreement and A PLEA AGREEMENT with SAO all pending Si subpoenas will be held in abeyance. Doesn't that imply that when we sign plea agreement with state this week the new Si subpoenas that are out now go into abeyance status also From: (USAFIS) [mallto Sent: ue 1.11Jun.lit 4:16 PM To: Roy BLACK. Jack Goldberger Cc: (USAFLS) Sub : Je ey pstein Agreement Dear Roy and Jack: I am just writing to re-state that it is the Government's position that we have a signed, binding agreement and that there is no need for further modification. Please keep us informed of the date and time of the change of plea and sentencing. Thank you. Assistant U.S. Attorney West Palm Beach, FL 33401 US_Atty_Cor_00310 EFTA00235636 JUN. 27.2F28 3:33PM IF.rYio WPB FL NO.324- P.2 - U.S. Department of Justice United States Attorney Southern District of Florida 500 South Auttrallem Ave.. Sua. 400 wesrPaint Beach. FL 33401 an) 820-8711 Faestridle: (561)820-8777 June 27, 2008 VIA FACSTMIT Jack A. Goldberger, Esq. Atterbuty, Goldberger & Weiss, P.A. One Clearlake Centre, Suite 1400 250 Australian Ave S. West Palm Beach, FL 33401-5015 Roy Black, Esq. Black Srebniok Komspan & Stumpf P.A. 201 S. Biscayne Blvd, Suite 1300 Miami, FL 33131 Re: kfty_apstem Dear Messrs. Goldberger and Black: I write to follow up on my e-mail correspondence ofjune24 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 oh 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 thereaftet. Now that those appeals have been exhausted, we promptly Informed counsel for Mr. Epstein tbstt he must enter his plea, be sentenced, and begin serving his sentence by 5:00 on Monday, June 30, 2008. This week I have seat two e-mails and left a message -with Mr. Black's rcceponist asking for the date end time of the change of plea and fox a copy of the proposed pica 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. US_Atty_Cor_00311 EFTA00235637 JIM. 27.2028 3139PM LEM WPB FL JACK O0LDBBR0ER, ESQ. RoY Blanc ESQ. JUNE 27, 2008 Nos 2 oP 2 NO.324 P.3 -"- " 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 attomoy that the plea is scheduled to take plaoo on Monday morning." I also understand that there is an entry on Judge McSorley1 s docket that a hearing la 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. ?allure to provide this opportunity shall be deemed a breach of the Agreement. Accordingly, I spin 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. BY: cc: Karen Atkinson, AUSA Sincerely, A. Marie Villafafut Assistant United States Attorney US_Atty_Cor_0031 2 EFTA00235638 :UN.27.2003 c:3 21 USAO WPS 7L NO.213 '‘'.2 U.S. Department of Justice United States Attorney Southern District of Florida 500 South Maattlien Ave, Stilts 400 West Pan Beath FL 33401 (561) 8204711 • Facsimile: (361) 820.8777 June 27, 2008 VIA FACSIMILE AND ELECTRONIC M411. Jack A. Goldberger, Esq. Atterbury, Goldberger & Weiss, P.A. One Clearlake Centre, Suite 1400 250 Australian Ave 5: West Palm Beach, FL 334014015 Roy Black, Esq. Black Srebnick Kornspan & Stumpf P.A. 201 S. Biscayne Blvd, Suite 1300 Miami, FL 33131 Re: Jeffrey Epstein Dear Messrs. Goldberger and Black: Thank you for providing me with the proposed plea agreementbetween Mr. Epstein and the State Attorney's Office. The U.S. Attorney's Office hereby provides Notice that the proposed sentencing provision does Re comply with the terms of the Non-Prosecution Agreement. The second sentencing paragraph of the proposed plea agreement reads: On 08CF00938 AME,the Defendant is sentenced to 18 months Commonly Control 1 (one). As 4 special condition of this Cougnunitv Control the Defendant must serve the first 6 months in the Palm Beach County Detention Facility . , . 'rho Non-Prosecution Agreement specifloally provides: 'Epstein shall be sentenced to consecutive tonne of twelve (12) months and Mx (6) months In county la91 for all charges, . .. without probation or community control la Begslimprisonment Thus, the proposed plea agreement with the State Attorney's Office does not comply with the terms of the Non-Prosecution Agreement. To comply with the Agreement, Mr. Epstein must make a binding recommendation of eighteen months kuensonmeJS, which means confinementtwenty-four US_Atty_Cor_0031 3 EFTA00235639 SUN. 27. 2008 5: 55PM W WPB FL NU. de.4 r'.4 JACK GOtaBPROEft, ESQ. ROY ILA= pa/ JUNG 27, 2008 PAos208 2 hours a day at the County Jail, and the judp must accept that recommendation. Community control must follow that term of incarceration. Secondly, we have not been provided with a copy of the Information filed In ease number 08CF009381AMB. I want to confinn that Mt Epstein is being charged with the substantive offense of procuring minors to engage in prostitution, not Sterared procurement. Accordingly, please provide me with a copy ofiho Information at your earliest opportunity. I will be available via email throughout the weekend or you may reach me on my cell phone at 561 6014301. Thank you, cc: Karen Atkinson, AUSA Sincerely, R. Alexander Moats United States Attorney BY: ataw-tliestkr4.- .111Villafalia Assistant United States Attorney US_Atty_Cor_00314 EFTA00235640 Jack Goldberger From: Sent: To: Cc: Subject: see From: (USAFLS) Sent: Fri 6/27/2008 5:45 PM To: Roy BLACK Cc: (USAFLS) Subject: Notice of Non-Compliance Dear Messrs. Goldberger and Black: Please see the attached Notification Letter. «080627 Goldberger Black notification itr.pdf>> VillafaRa Assistant U.S. Attorney West Palm Beach, FL 33401 US_Atty_Cor_0031 5 EFTA00235641 Jack Goldberger From: Sent: To: Subject: not a p/ob!em. Mow From:_,. (USAFLS) [malt Sent: Sat 6/28/2008 11:31 AM To: Jac er Cc: (USAFLS); Su . Re: Notice of Non-Compliance Dear Jack: I have conferred with a state court practitioner who stated that that is nothing that prohibits you from agreeing to a consecutive six- month sentence of incarceration followed by one year of community control as specified in the non-prosecution agreement. If you elect to proceed with the plea agreement as currently drafted, we ask that you insert the word "imprisoned" following the words "six months" in the second sentencing paragraph. Please confirm that this change is acceptable. Thank you. -- Original Message -- From: IMIE, (USAFLS) Sent: Fri 6/27/2008 5:45 PM To: Jack , Roy BLACK Cc: (USAF1S) Subject: Notice of Non-Compliance Dear Messrs. Goldberger and Black: Please see the attached Notification Letter. <<080627 Goldberger Black notification Itr.pdf>> US_Atty_Cor_0031 6 EFTA00235642 MIS Assistant U.S. Attorney West Palm Beach, FL 33401 • 2 US_Atty_Cor_0031 7 EFTA00235643 Jack Goldberger (UAFLS) Sent: rily '..nel l.08 11S:31 AM To: Cc: (USARS); Rfilack©RoyEllackoorn Subject a o ce on-Compliance Dear Jack: I have conferred with a state court practitioner who stated that there is nothing that prohibits you from agreeing to a consecutive six-month sentence of incarceration followed by one year of community control as specified in the non-prosecution agreement. If you elect to proceed with the plea agreement as currently drafted, we ask that you insert the word "imprisoned" following the words "six months' in the second sentencing paragraph. Please confirm that this change is acceptable. Thank you. 3 ,,-, From: (USAFLS) Sent: !WOOS 5:45 HA To: Jack Goldber er; Roy BLACK Cc: (USAFLS) Subject: Notice of Non-Compliance Dear Messrs. Goldberger and Black: Please see the attached Notification Letter. «080627 Goldberger Black notification ltr.pdf» Assistant U.S. Attorney US_Atty_Cor_00318 EFTA00235644 PLEA IN THE CIRCUIT COURT THE FOLLOWING IS TO REFLECT ALL TERMS OF THE NEGOTIATED SETTLEMENT • Name: Jeffrey E. Epstein Plea: Guilty Case No. Charge Count Lesser Decree 06CF009454AMB Felony Solicitation of Prostitution 1 No 3 FEL 08CF009381AMB Procuring Person Under 18 for Prosthution 1 No 2 FEL PSI: Waived:Not Required X Required/Requested ADJUDICATION: Adjudicate (x I SENTENCE: On 06CF000454AMB, the Defendant is sentenced to 12 months in the Palm Beach Cotinty Detention Facility, with credit for I (one) day time served. On 08CF009381AMS, the Defendant is sentenced to 18 months Community Control 1 (one). As a special condition of this Community Control, the Defendant must serve the lista months hi the Palm Beach County Detention Facility, with credit for 1 (one) day time served. This sentence Is to be served consecutive to the 12 month sentence in 08CF009454AMB. The conditions of community control are attached hereto and incorporated herein. OTHER COMMENTS OR CONDITIONS,: Court Cost& $47400 Cost of Prosecution: $50.00 Drug Trust Fund: $50.00 Me special condition of his community control, the Defendant Isle have no unsupervised contact with minors, and the supervising adult must be approved by the Department of Corrections. The Defendant is designated as a Swami Offender pursuant to Florida Statute 943.0435 and must abide by el the corresporang requirements of the statute, a copy of which Is attached hereto and incorporated herein. The Defendant must provide a DNA sample In court at the time of this plea. Assistant State Attorney Attorney for the Defendant Date of Plea Defendant US_Atty_Cor_00319 EFTA00235645 G PLEA IN TM CIRCUIT COURT THE FOLLOVONG IS TO REFLECT ALL TERMS OF THE NEGOTIATED SETTLEMENT Name: Jeffrey E. Eythteln Plea: Gully citeeit Calla Qmitloinipr Otenta D0CFN0NS4AMB Felony sotioltation of Prostitution i No 3 FEL DaCF31333IAMEI Procuring Person Under 13 tar Prostthaton 1 No 2 FEL Mr: Ytialysthefot Required , RequirecIffiequeVed ap,41_U9CAIELM: Mthaste tx 'SENTENCE: On 06CseethMatv13,. the CeiandarrlIsserrisneeci to 12 months in the Palm Be ass County Detention Faray, with crea for (one) day dme serest On 08CF00SINHAMB, the Delandent la sentenced to 6 rntm hdhr rho Palm Roach County Detention Feat, %eel verities i (one) day' he served. This 6 Month sentence to t served cansawiHe to the 12 month sentence in O3CF0094644ME3. Following this 6 month swamp's, the Defendant va3 be yawed on 12 months Ccranitrolty Control I (one). The =Widens ci community =hot are attached hereto ondtriornptheted herein. OTHER COMMA-ES OR cared DOHS: 32, As a veva] concert of his community control, tho pet antis to have no unsuporetcd contnot with inMors, and the super/help adult must te mowed by the Department of CorXcifons. The Defendant to deggiabed as a Sexual °Mender Frost:ant to fqoilott Statute MAIM and Must akin by all the corresponding mquimrncnls of the stntulat, a copy of rinth et ettaithed hereto and incorporated herein. The Verandard must provide a DNAsant* in court at the time of rp iill. GI; lathe Defanclant len43r4t 4 US_Atty_Cor_00320 EFTA00235646 Jack Goldberger From: Sent: To: Subject: On Jun 30, 2008, at 5:16 PM, la Mal XUSAFLS1)" wrote: Jack: The FBI has received several calls regarding the Non-Prosecution Agreement. I do not know whether the title of the document was disclosed when the Agreement was filed under seal, but the FBI and our office are declining comment if asked. Assistant U.S. Attorney • West Palm Beach, FL 33401 1 US_Atty_Cor_00321 EFTA00235647 U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave.. Suite 400 West Palm Heath. FL 33401 (561)820-8711 Facsimile: (561) 8204777 June 30, 2008 NOTIFICATION OF IDENTIFIED VICTIMS NOTICE: IN ACCORDANCE WITH TITLE 18, UNITED STATES CODE, SECTION 3509(d) AND FLORIDA LAW, THE ATTACHED DOCUMENT IS TO BE TREATED AS CONFIDENTIAL AND SHALL NOT BE DISCLOSED EXCEPT IN CONNECTION WITH A LEGAL PROCEEDING. US_Atty_Cor_00322 EFTA00235648 U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beach, FL 3340! (56!) 8204711 Facsimile: (560 820.8777 . June 30, 2008 NOTIFICATION OF IDENTIFIED VICTIMS On June 30, 2008, Jeffrey Epstein (hereinafter referred to as "Epstein) entered a plea of guilty to violations of Florida Statutes Sections 796.07 (felony solicitation of prostitution) and 796.03 (procurement of minors to engage in prostitution), in the 15th Judicial Circuit in and for Palm Beach County (Case Nos. 2006-cf-009454AXXXMB and 2008-cf- 009381AXXXMB) and was sentenced to a term of twelve months' imprisonment to be followed by eighteen months' of Community Control 1, the first six months of which must be served imprisoned at the Palm Beach County Detention Facility. In light of the entry of the guilty plea and sentence, the United States has agreed to defer federal prosecution in favor of this state plea and sentence, subject to certain conditions. One such condition to which Epstein has agreed is the following: "Any person, who while a minor, was a victim of a violation of an offense enumerated in Title 18, United States Code, Section 2255, will have the same rights to proceed under Section 2255 as she would have had, if Mr. Epstein had been tried federally and convicted of an enumerated offense. For purposes of implementing this paragraph, the United States shall provide Mr. Epstein's attorneys with a list of individuals whom it was prepared to name in an Indictment as victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this provision, including any authority determining which evidentiary burdens if any a plaintiff must meet, shall consider that it is the intent of the parties to place these identified victims in the same position as they would have been had Mr. Epstein been convicted at trial. No more; no less." Initials of Jeffrey Epstein Initials of Jack Goldberger US_Atty_Cor_00323 EFTA00235649 NOTIFICATION OF IDENTIFIED VICTIMS JUNE 30, 2008 PAGE 2 OF 3 Through this letter, this Office hereby provides Notice that the individuals identified below are individuals whom the United States was prepared to name as a victim of an enumerated offense. Identified Individuals Dated: By: ot R. ALEXANDER ACOSTA UNITED STATES ATTORNEY VILLAFARA ASSISTANT U.S. ATTORNEY ACKNOWLEDGMENT 1 have received this Notification from my attorney, Jack Goldberger, Esquire, have read it and discussed it with my attorney, and I hereby acknowledge that it accurately sets forth my understanding and agreement with the Office of the United States Attorney for the Southern District of Florida regarding the notification and rights of identified victims. I Initials of Jeffrey Epstein Initials of Jack Goldberger US_Atty_Cor_00324 EFTA00235650 NOTIFICATION OF IDENTIFIED VICTIMS JUNE 30.2008 PAGE 3 OF 3 understand that an exact copy of this Notification will be provided to each identified individual, except that the names of all other identified individuals will be redacted, and I hereby waive any evidentiary challenges to the introduction of a copy of this document-even lin redacted form—inI iany judiciat proceeding bettien any identified individualid myself. i t I 4 i 4i 4 iDated: i i i 4 4 • tt I Jekey Epsteinl. t i i 1 I 4 1 4 i ti I i Witt t essed by: r_____ i i I i Jack Goldberge Esquire I 0 4 II I I US_Atty_Cor_00325 EFTA00235651 laprqs.410..u-B skistegt• . ir • cm1400isozoti: .c- breerothyoffilfri; trc'n"01014. 'Grafi to kits ".2k1 OSP N •0 • • ,A) - 40;g644.11.01$ 4;ii: Pardo 011?5:' •/' tuk1/4 lub*L,Wat Pul ' tho tivuthipi*at cookpit ' • • i tspozit myoti,vontORovisetior“. jra= ticAum I trig km. ft ./NA kir.. Rat .10a-Mf-M • • .• • US_Atty_Cor_00326 EFTA00235652 ti 4 f•—• 1;•'; • ' L , *:. age 2 ink ‘,. . :ProI / •: O Sex Off7 Drag ON Fr O.C. I C.C. 0: -14..L...t.9' 14:as titiofs:. ,T7r.„4.„ Ootttleo. vat . •• • ' • • . • GI Probation tdmsfernadth:. .4 ** • • • ... . • . ' . ' • . EIPEOMIt. 0 gornPlete,Otiginally .0 (lurks/in QS Deft: to ,Q. Deg. fl Oak to 0 Restitution CONCOIT'CMS: 1 • • . . • . .. . . OrSq34,00nrillioni ... -- • . ..• . • . . . . . .• • • • p.m., ; with the-billowing (*.copilot'''. ..• • . • • - '• • • , , . • • . . . . felted to•Prob., Dept. Immediately, tan release. i ' • . . .. . risk ip have in care, custody; or confratany.tthlawful•Of1 I. etsial, sub**, et: . . . • &Vies, 'Object immad)atetY n Prob. Officer If alace of residence-to changes. • - .„: • .z 4 •:,:* fled . CIV ed " • "rgiii -afplYTO V, [MS Of . - - . , 4- • .- --- •:-4.-^," 4.-..v., :tki4Sitii* 0 No tonSumption/Possession O attend "ta .0ettielio •.. vornpitit criNtil. 'Teiffirnlick40414°)e of Alcbhol • .- • .AAandier NAMeetings • •• • • el qtal/ l ' ual'Eval. within / by: ., :Art # • ' 64 pitere:•-:,•r DetWavat • .ay.:-:•1 ... Or Drugs or Intoxicante without a Prescription... " '‘ ;al' .; : • • per. Week: . . . • ' • : ' • •.Ziiziel Asap. pfiaguy iitrpospie the sale cif alcobot..,t: • .. `'.2.: pi fr,squerst any.olace 9Thfieusyreas 'CI :Complete. :.._• the of °anima:14y tri:rice to he-done at the rate of ..._..:..242 Lira pet ilWril4o.(1Thapj ••0 • • ' q,l2g. /la' • • • • • : • - - '• " ''•%1 .244tbrfilitItestglisittlatets4Ditigtler .. _ Q. apza.iiiiteuccep.sfuny.compoteakichciaiiiiis:sessitoNethiiiinpot r.636.014. : • .... .„... ... .' : .p N.&•06?iteg t No -viotifit Contact/. Igo.. keel orintlInsct.contact w/Viptim(s), •etherslistet•iiv.• , - • • II,5 Conte 0 Ca- RoldatiOuetody, 0 •Eater•Shd Successfully Cl Sofia Weepon wardfinor Child-ten wigAltil 'girt • ' ' e't wearer on aware of this- the dieptisisiint. .. • ' in 0 •Wafred bycouri. cce asitillyl3omplete, = s,I4D-Nitirt, release only, DOCtioh-a Complete a3gOll-ceg / Moneyselzed at the prelBett•Progrant.andAnyRecomaiended•Afte teed-program Officer. . . —44.tq I Short-Tr.:a& Thug Pant atifrArej ReciNterear—.2.4:.A.., time at airest to: . • '• • k' : .. . .14 treater and Complete:. • • tii, Theft 0 Dalai:Mare may a Seism ., • 0 Anger Management•Program • 0 Batterers Interv,entlikilogram-:" Abatement Pm' rem: • • ' ' ' :: entylorEady yerielneften ' t days / monthht anl' a, 7 , provided all ponds, are ealleflet . in. Gronatilt for - -days tmOnths.• . . cri(dimet • . . . • . e -- .--21 • • • • - ' , • • • . • • . . . . .. . ' . • . . . . . • • . . , • . •• . . . . . • • • - • • • • . - . • . . • • . . • . - - • , . • .. . . • • , . "wall nee mos SAS US_Atty_Cor_00327 EFTA00235653 .4i."4,1„,korr Lt rw_omY ofraR io co ut • • • . . ' • • . • • • * . . • • • . - -- - - - . — --' ' . I ' • ft,* • 0 ' ?.. it!t. e.g. .C.: tine, .. . ...IT --- . . . • • --Pres et • • ID ct • • • .. • . • • - • as et Pam • . . • dote the t fr..0.44' 1 Sated •C3. With Without ' ' 0 awn °serves Ralim ' (J voittostOrdestoPoikm, Warritt a Ordered 0 nailed O Bo t• ; ' • r f' O SeeBel‘w ;eft* Covcis 0ftslObad licectPacf ' 00It .Botid Focf Vacated tax /Rammed d Reinstated, if Ift‘-e a O. tr OSORDisehamclaWftelastatet . . tags °haat li pampa. I Deft *li lt& 0 it b 'kg Geli- . . .. _ luatioi foe 0 Ova Pant DOCNoq•Sce ft • . - • •• • ` o Prealleai. 0 otaaedbytw days it 011, vifiaput.froarDnetaffta8 Refenid to: Ili/ MAN/ P • LI Case p nth ebseatee dock I :: • : . A 0 0 Ofilredrga °TWILIT 61' as , 0 NO • II Dui. ,. 0•Nrazypowittig Cline " ': 51 2•1`BNTERPX1 perms af , PSI Alt , • i Chute ' •••' . L T's 1 •OUILTItes Chemed ship . ... oupy twang.* as Qs • 1 Urffilfil0 - . • • :.. :•:". :4401-kcj as te Os • ' . ' . 0 w u to m . -4:,... PC.iUNDAMIYADMDIC,63FID 19•MP & VRtlfa `.. •••• •• ! OPYWIMPSts T:14A4S - .:Pat - - -• ..- • ... - • • !'>/ob /ICMmta Control: O +obi& Reinstat 54/Famd: (video ° trait* Oft TIR084 PBCT/ag c Cts: • PBC/. ' ' 3 *tea 0 :W/Cleclit for I. • 1 • a aleortoriel Destiemanded ?o / Caosec /Co-lbaa is/cari /WI • afication of Sentence Stiored 7 Se:dna Setfteildfd \I This Youthful Off 0 Habinal Off- .O Mit /Mud. • potatriceircarospia_ovrapsyc O pasta a Nara • DRIVERS IICENSB To BE SUSPENDED/ REO,CIKIE FOR WA : :1")MB 0 .Deft alga Def Os 0 'bob O.ld 0 DV • 0 0 County Cburechute .2.05 N. Dixie, Welt Palm Beach 442*.aammumantataasury tee PSMILVICIS FUME COKIICT tii Alumrvautamasamatonavom Ares sit rinints• Etat • onfally / an' I at PrSf, r C.t5' • Sat. /44/pda 3,01Rehat • Di.. ' Ras ' at . . . : Sat/ Remains Self !Mat .% : " Div • JUL_ a O ASA , , liftman/an 4 • Notified by by: 0 Courtroom phobic Justice 131,fta..0 O Courttoom.-C a . . . Oct CoaRlex • 38844 sinel Roa4 80, Belle Gin f„ 3228. dun Club t Pactii,Beacis ges:SCOMaNINeeto TOPA,411CWATE N TES ta. Ai NO COW: TOtiiulto niDtPitakalkiil bit "* MAMOXIXWINMDMWSWIMOTHX.WMUOTI". UMW0MM0UMWANUMPOMMA INCPPT ems mrpor.pbroyati o m vacs somato,eal,tren. 1 US_Atty_Cor_00328 EFTA00235654 U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Alvan Suits 400 I9at Palo Bradt Florida 334014233 May 14, 2007 VIA HAND DELIVERY Jack A. Goldberger, Esq. Atterbury, Goldberger & Weiss, P.A. One Clearlake Centre, Suite 1400 250 Australian Avenue South West Palm Beach, FL 33401-5015 Dear Mr. Goldberger: Thank you for your letter of May 19, 2007, and the documents attached thereto. I have enclosed another copy of the grand jury subpoenas that were provided to Bruce Lyons, former counsel for Hyperion and JEGE,. on April 25, 2007. The time for responding has passed, so please provide the requested documents as soon as possible. Please also have the Custodians of Records of the Corporati the Business Records Certifications and Inventory Forms and return everything to Special Agent at the Federal Bureau of Investigation, 505 South Flagler Drive, Suite 500, West Palm Beach, FL 33401- 5933. Thank you for your assistance with this matter. Enclosures cc: Special Agent FBI Sincerely, R. ALEXANDER ACOSTA UNITED STATES ATTORNEY By: A. MARIE VILLAFAIAA Assistant United States Attorney UBBD5j US_Atty_Cor_00329 EFTA00235655 th United States District Court SOUTHERN DISTRICT OF FLORIDA en TO: Custodian of Records Hyperion Air, Inc. SUBPOENA TO TESTIFY BEFORE GRAND JURY FOJ 07-103(WPB)-Tues./No. OLY-46 SUBPOENA FOR: E PERSON El DOCUMENTS OR OBJECT(S1 YOU ARE HEREBY COMMANDED to appear and testifybefore the Grand Jury oftheUnited StatesDistriet Court at the place, date and time specified below. PLACE: • United States District Courthouse 701 Clematis Sweet West Palm Beath, Florida 33401. ROOM: Grand Jury Room DATE AND TIME: May 8, 2007 1:00 pm* YOU ARE ALSO COMMANDED to bring with you the following document(s) or obit:Logs): All income tax returns, balance sheets, regulatory filings, minutes of board of directors meetings, and documents required by or Bled with the Internal Revenue Service and/or the State of Delaware referring or relating to the period of 111/2003 to 12/31/2005. For the period 1/1/2003 to the present, the names of all employees, copies of all W-2s for all employees, and the names of all corporate directors, board members, and shareholders. ?least coordinate your compliance with this subpoena and confirm the date and (yne aid location of your appearance with Special Agent Kuyrkendall, FedeTal Bureau of Investigation, Telephone: (561) 822-5946. This subpoena shall remain in effect until you are granted leave to depart by the court or by an officer acting onbehalf of the court. glY)DBPVIY CLERK DATE: April 24, 2007 This subpoena is issued upon application of the States of America Address and Phone Number of Assistant U.S. Attorney Assistant U.S. Attorney a urn re aate, Suite 400 WestPalmBeach, FL 33401.6235 Tel: (561) 820-8711 x3047 Fax: (561) 802-1787 'If noi applkable, amr 'owe." la In asil be Hit et A0110 FORM 0RD•217 JAN46 US_Atty_Cor_00330 EFTA00235656 S U.S. Department of Justice United States Attorney Southern District of Florida Met Australian Art, Silts 400 Witt Patin Ira FL LI4014231 ($61)820-8111 APPEARANCE NOTICE The attached subpoena requires the production of the records specified to a Federal Grand Jury/Trial in the Southern District of Florida. • A new provision of the Federal Rules of Evidence provides that routine business records may be admitted at trial through the declaration of a custodian, if they are provided sufficiently in advance of trial to allow an opportunity for any challenges to their authenticity. Therefore, you may be able to avoid appearing personally at the grand Jury/trIal at the time and place specified by completely filling Out the attached Certification and Inventory and immediately returning it with the records to Special Agent Kuyrkendall, FBI at the following address: Federal Bureau of Investigation 505 South Flagler Drive, Ste. 500 West Palm Beach, Florida 33401.5923 EARLY VOLUNTARY TURNOVER' • Please note that we are requesting an early voluntary turnover of the materials subpoenaed, The early voluntary turnover date Is prior to Mav 8. 2007. BY: Sincerely, R. ALEXANDER ACOSTA UNITED STATES ATTORNEY AS ITED STATES ATTORNEY US_Atty_Cor_00331 06607 EFTA00235657 R. CERTIFICATION OF BUSINESS RECORDS I, the undersigned, , declare that I am: employed by/associated with in the position of • and by reason of my position am authorized and qualified to make this declaration. In my employment with the above-named banklcompany I am familiar with the business records it maintains. The above-named bank/company maintains records of its business whIcih are: 1. madd at or near the time of the occurrence of the matters set forth therein, by, or from Information transmitted by, reperson with knowledge of those matters; 2. kept In the course of regularly conducted business activity; and 3. made by the regularly conducted activity as a regular practice. Among the records so maintained are the attached records Itemized In Appendix A, Inventory of Documents. I declare under penalty of perjury that the foregoing Is true and correct. Date of execution: Place of execution: Signature: 08608; US_Atty_Cor_00332 EFTA00235658 APPENDIX A DOCUMENT INVENTORY The documents submitted are as follows: Signature of Records Custodian: 06609 US_Atty_Cor_00333 EFTA00235659 United States District Court SOUTHERN .DISTRICT OF FLORIDA TO: Custodian of Records JEOE, Inc. SUBPOENA TO TESTIFY BEFORE GRAND JURY Fes O7-103(WPB)-Tues /No. OLY-47 SUBPOENA FOR: E PERSON •••••••• •• X DOCUMENTS OR OrldECI[S] YOUARE HEREBY COMMANDED to appear and testifybefore the Grand Jury of theOnited States District . Court at the place, date and time specified below. PLACE: United States District Courthouse 701 Clematis Street West Palm Beach, Florida 33401 ROOM: Grand Jury Room DATE AND TIME: May 8, 2007 1:00 pm* YOU Ala ALSO COMMANDED to bring with you the following documents) or object(s): All income tax returns, balance sheets, regulatory filings, minutes of board of directors meetings, and documents required by or filed with the Internal Revenue Service and/or the State of Delaware referring or relating to the period of 1/1/2003 to 12/31/2005. For the period 1/1/2003 to the present, the names of all employees, copies of all W-2s for all employees, and the names of all corporate directors, board members, and shareholders. *Please coordinate your compliance d confirm the date and time , and location of your appearance with Special Agent Federal Bureau of Investigation, Telephone: (561) 822-5946. This subpoena shall remain in effect until you arc granted leave to depart by the court or by an officer acting Co behalf of the court. CLERK ISN0DIFUTY CUM DATE: April 24, 2007 This subpoena is issued upon application of the United Stites of miirs and Phore'Numbet of Assistant US. Attorney Villataiia, Assistant U.S. Attorney S00 So. Australian Avenue, Suite 400 West Palm Beech, FL 33401-6235 Tel: (561)820-8711 x3047 Fax (561) 802-1787 If not spplleable, <ma nese Takesedhllge•CA0110 FORM ORD•227 JAMS6 US_Atty_Cor_00334 OBE EFTA00235660 U.S. Department of Justice United States Attorney Southern District of Florida SOD& Amitniltaw Ave, Sulfa 400 Were Pala Duct 3$801401 (561)820-8711 APPEARANCE NOTICE The attached subpoena requires the production of the records specified to a Federal Grand Jury/Trial in the Southern District of Florida. A new provision of the Federal Rules of Science provides that routine business records may be admitted at trial through the declaration of a custodian, if they are provided sufficiently In advance of trial to allow an opportunity for any challenges to their authenticity. Therefore, you may be able to avoid appearing personally at the grand Jury/trlal at the time and place specified by completely filling out the attached Carlo. and immediately returning it with the records to Special Agent FBI at the following address: Federal Bureau of Investigation 505 South Flagler Drive, Ste. 500 West Palm Beach, Florida 33401.5923 EARLYMOLUNTARY TURNOVER Please note that we are requesting an early voluntary turnover of the materials subpoenaed. The early voluntary turnover date is prior to May S. 2007. Sinderely, BY: FL ALEXANDER ACOSTA UNITED STATES ATTORNEY ASSISTANT UNITED STATES ATTORNEY US_Atty_Cor_00335 EFTA00235661 CERTIFICATION OF BUSINESS RECORDS I, the undersigned, , declare that I am: employed by/associated with In the position of and by reason of my position am authorized and qualified to make this declaration. In my employment with the above-named bank/company I am familiar with the business records it maintains. The above-named bank/company maintains records of its business which are: 1. made at or near the time of the occurrence of the matters set forth therein, by, or from Information transmitted by, a person with knowledge of those matters; 2. kept In the course of regularly conducted business activity; and 3. made by the regularly conducted activity as a regular practice. Among the records so maintained are the attached records itemized in Appendix A, Inventory of Documents. I declare under penalty of perjury that the foregoing is true and correct. Date of execution: Place of execution: Signature: 0B612 US_Atty_Cor_00336 EFTA00235662 ' I ' APPENDIX A DOCUMENT INVENTORY The documents submitted are as follows: Signature of Records Custodian: OB613 US_Atty_Cor_00337 EFTA00235663 UD/lb/ZUU( LO:DI LAX 0010V4A/01 •J••••.•••• • • .• ••• • ••• U.S. Department of Justice United States Attorney Southern District of Florida 500 South Ataraltan Ava,Sutte 400 West Palm Beach, FL 33401 O61)820-87)1 Facardis: (561) 820-8777 May 15, 2007 VIA mcsua Jack A. Goldberger, Esq. Attcrbury, Goldberger & Weiss, P A. Ono Clearlakc Centre, Suite 1400 250 Australian Ave S. West Palm Beach, FL 33401-5015 Re: Subpoenas SIEGE. Inc. and Hyperion Air, Inc. Dear Mr. Goldberger: It was a pleasure speaking with you today. As we discussed, the deadlines for complying with the subpoenas to MOE, Inc. and Hyperion Air, Inc. have been extended to May 29, 2007. If there arc any categories for which no documents exist, please ask the Custodian. of Records to provide a certificate of nonexistence of records. Also, following our conversation I mceived a voicemail from Lilly IIISanchez addressing the subpoenas. Since you have provided a written statement that you represent SEGE and Hyperion, I will assume that you alone save as their counsel unless you toll mo otherwise. With that in mind, pursuant to Rule 6(e), I do not intend to discuss matters related to these subpoenas with other attorneys, . Thank you again for your assistance. CC: By: Sincerely, R. Alexander Acosta Assistant United States Attorney US_Atty_Cor_ 00338 EFTA00235664 U.S. Department of Justice United States Attorney Southern District of Florida 300 JoinhAurrraltwbowsue. Slaw 400 West Palm Beach, Plorlda S3401-6235 tel: O61) 810.8711 Par (501) 8104777 • June, 2007 Jack Alan Goldberger, Esq. Attcrbury Goldberger et al 250 South Australian Ave. Suite 1400 West Palm Beach, FL 334015-5015 Re: Subpoenas to 513GE, Inc, and Hyperion Air, Inc. Dear Mr. Goldberger: Thank you for your response to the subpoenas issued to TEGE, TAO. and Hyperion Air, Inc. In the responses from each company, thcM are no lists of the corporate directors, board members, and shareholders (with the exception of the WOE IRS Form 2553 and Hyperion Sham Certificate). Please ask the Custodian of Records to provide a list of all corporate directors, board members, and shareholders from January 1, 2003 to the present. Please also ask the Custodian of Records to confirm that them are no records of any board of directors meetings that occurred between January 1, 2003 and December 31, 2005. Thank you again for your assistance. Sincerely, R. ALEXANDER ACOSTA UNITED STATES ATTORNEY By IIIMIVILLAFARA Assistant nited States Attorney US_Atty_Cor_00339 EFTA00235665 Jack Goldberger From: Sent: To: Subject: si aliaggsaa Read carefully the Si suspension portion of the non pros agreement. It says upon signing the non pros agreement and A PLEA AGREEMENT with SAO all pending GJ subpoenas will be held In abeyance. Doesn't that imply that when we sign plea agreement with state this week the new al subpoenas that are out now go into abeyance status also From: VIllafana, EIMIS (USAFLS) Sent: Tuesday, June 24, 2008 4:16 PM To: • Goldberger Cc■ (USAFLS) Subj :Jeffrey Epstein Agreement Dear Roy and Jack: I am just writing to re-state that it is the Government's position that we have a signed, binding agreement and that there is no need for further modification. Please keep us informed of the date and time of the change of plea and sentencing. Thank you. Assistant U.S. Attorney West Palm Beach, FL 33401 US_Atty_Cor_00340 EFTA00235666 LN. v..≥ane 3:35PM ()SRO wPB ft • •••••••••• U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Aw.. Suite 400 Wens Patin Reach FL 33401 ($61) 8204711 Facsimile: (561)820-8777 Juno 27, 2008 VLIt Map= 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 Srebniok Kornepan & Stumpf PA. 201 S. Biscayne Blvd, Suite 1300 Miami, FL 33131 Re: Itiftethildeb Dear Mean. 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 lea 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 ofJustioe. but repeatedly advised that, once those appeals were completed, Mr. Epstein would need to perform the tents of the agreement within a short window thereafter. Now that those appeals have been exhausted, we promptly brimmed counsel for Mr. Epstein tbat he must enter his plea, be sentenced, and begin serving his sentence by 5:00 on Monthly, lime 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. US_Atty_Cor_00341 EFTA00235667 JUN.27.2026 3:39M1 ISO UPS FL JACK GOLDBERGER, ESQ. ROY SLAM SEQ. Ain 27, 2008 PAGE 2 op 2 NO.324 P.3 I have received correspondence from counsel for a witness asking to cancel or continue the witness's appearance because he "under:tangs] that then, has been a recent development with respect to Mr. Bpstein 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 Won-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,' 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. By: cc: Karen Atkinson, Ali SA Sincerely, It Alexander Acosta un}ty,gtajea Attggrey A. Marie Villafana Assistant United States Attorney US_Atty_Cor_00342 EFTA00235668 JUN.27.200B SISSPM USA° WPB FL NO.329 P.2 Department of Justice United Staus Attorney Southern District of Florida 500 South Augrallan Avt, Suits 400 Wart Paler back FL 33401 (561) 820-8711 ' loadmilt (161)820-8777 Juno 27, 2008 VIkFACStMJLE AND EI BOTRONIC MA tt . Jack A. Goldberger, Esq. Atterbttry, Goldberger & Weiss, P.A. One aearlake Centre, Suite 1400 250 Australian Ave S. West Palm Beach, FL 33401-5015 Roy Black, Esq. Black Srebniok Komspan & Stumpf P.A. 201 S. Biscayne Blvd, Suite 1300 Miami, Pl. 33131 JaHey Epstein Dear Messrs. Goldberger and Black: Thank you for providing me with the proposed plea agreement between Mr. Epstein and the State Attorney's Office. The US. Attorney's Office hereby provides Notice that the proposed sentencing provision does ekt comply with the terms of the Non-Prosecutioa Agreement. The second sentencing paragraph of the proposed plea agreement reeds: On 08CF00938IAMB, the Defendant issentenced to 18 months commun fry Central I (met As 4 special condition of this Community Control the Defendant must serve the first 6 months In the Palm Beach County Detention Facility . The Non-Prosecution Agreement specifically provides: 'Epstein shall be sentenced to consecutive terms of twelve (12) months and eh (6) months In county Mil for oil charge*, . without orobation or communitysorthol iB IISLAfittlttlitnEM4111. Thus, the proposed plea agreement with the State Attorney's Office does not comply with the terms of the Non-Proseeution Agreement To comply with the Agreement, Mr. Epstein must make a binding recommendation of eighteen months imprisonment, which means confinement twenty-four US_Atty_Cor_00343 EFTA00235669 RM. 27. 22)08 : 55Pri uSiO0 WPB FL NU. de:i JACK GOLDBERGSR, ESQ, ROY BLACK, ESQ. JUNE 27, 2008 PAos2 Of 2 hews a day at the County Jail, and thejudge must acceptthatrecommendation. Community control must follow that term of Incarceration. Secondly, wo have not been provided with a oopy of the Information filed In case number OSCF009381AME. I want to confirm that Mr. Epstein is being charged withthe substantive offense of procuring minors to engage in prostitution, not attempted procurement. Accordingly, please provide mc with a copy of the Information at your earliest opportuni wi I be available via e-mail throughout the weekend or you may reach me on my coil phone at Thank you. By: cc: Karon Atkinson. AURA Sincerely, IL Alexander Acosta United States Attorney aktr-Aatiiig#O-. gi Villafafia tant United States Attorney US_Atty_Cor_00344 EFTA00235670 Jack Goldberger • From: Sent: To: Cc: Subject: From: . (USAFLS) Sent: Fri 6/27/2008 5:45 PM To: Jac I e r; Roy BLACK Cc: (USAFLS) Subject Notice of Non-Compliance Dear Messrs. Goldberger and Black: Please see the attached Notification Letter. «080627 Goldberger Black notification Itr.pctf» Assistant U.S. Attorney West Palm Beach, FL 33401 US_Atty_Cor_00345 EFTA00235671 Jack Goldberger From: Sent: To: Subject: not a problem. From: M, IIIM. (USAFLS) [ Tilustrko).gov) Sent: Sat 6/28/20G8 11:31 AM Ilia To: c - I r Cc: REftack@RoyElladtcom Sub ct: Re: Notice of Non-Compliance Dear Jack: I have conferred with a state court practitioner who stated that there is nothing that prohibits you from agreeing to a consecutive six- month sentence of incarceration followed by one year of community control as specified in the non-prosecution agreement. If you elect to proceed with the plea agreement as currently drafted, we ask that you insert the word "imprisoned" following the words "six months" in the second sentencing paragraph. Please confirm that this change is acceptable. Thank you. --- Original Message -- air From. M. (USAFLS) Sent: Fri 627/2008 5:45 PM To; ac G Id r ; Roy BLACK Cc: (USAFLS) Subject: Notice of Non-Compliance Dear Messrs. Goldberger and Black: Please see the attached Notification Letter. <<080627 Goldberger Black notification ltr.pdfx.> It ustoitoyl US_Atty_Cor_00346 EFTA00235672 Mile Villefaan Assistant U.S. Attorney West Palm Beach, FL 33401• MIME 2 US_Atty_Cor_00347 EFTA00235673 C) Jack Goldberger From: Sent To: Subject: On Jun 30, 2008, at 5:16 PM, ' wrote: Jack: \aismtsvi The FBI has received several calls regarding the Non-Prosecution Agreement. I do not know whether the title of the document was disclosed when the Agreement was filed under seal, but the FBI and our office are declining comment if asked. Assistant U.S. Attorney • West Palm Beach, FL 33401 1 US_Atty_Cor_00348 EFTA00235674 1/4 U.S. Department ofJustice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beath, FL 33401 (561)810-8711 Facsimile: (561) 820-8777 June 30, 2008 NOTIFICATION OF IDENTIFIED VICTIMS NOTICE: IN ACCORDANCE WITH TITLE 18, UNITED STATES CODE, SECTION 3509(d) AND FLORIDA LAW, THE ATTACHED DOCUMENT IS TO BE TREATED AS CONFIDENTIAL AND SHALL NOT BE DISCLOSED EXCEPT IN CONNECTION WITH A LEGAL PROCEEDING. US_Atty_Cor_00349 EFTA00235675 z U.S. Department of Justice United States Attorney Southern District of Florida 500 Sous* Australian AS*, Sa41. 400 West Pah back Plod& 334014131 May 14, 2007 VIA HAND DELIVERY Jack A. Goldberger, Esq. Atterbury, Goldberger &.Weiss, P.A. One Clearlake Centre, Suite 1400 250 Australian Avenue South West Palm Beach, FL 33401-5015 Dear Mr. Goldberger: Thank you for your letter of May 19, 2007, and the documents attached thento. I have enclosed another copy of the grand jury subpoenas that were provided to Bruce Lyons, former counsel for Hyperion and JEGE,. on April 25, 2007. The time for responding has passed, so please provide the requested documents as soon as possible. Please also have the Custodians of Records of the Corporations com lete the Business Records Certifications and InventoryForma andretum everything to Special Agent at the Federal Bureau of Investigation, 505 South Flagler Drive, Suite 500, West Palm Beach, FL 33401- %53. Thank you for your assistance with this matter. Sincerely, • R. ALEXANDER ACOSTA UNITED STATES ATTORNEY By. Enclosures cc: Special Agent FBI Assistant 'United States Attorney US_Atty_Cor_00350 OBBD5i EFTA00235676 United States District Court SOW-MIRY DISTRICT OF FLORIDA TO: Custodian of Records SUBPOENA TO TESTIFY Hyperion Air, Inc. BEFORE GRAND JURY FQJ 07-103(WPB)-Tues./No. OLY-46 SUBPOENA FOR: E PERSON ri DOCUMENTS OR OBJECT( Si YOIY ARE HEREBY COMMANDED to appear andtestifybefore the Grand Jury of the United StatesDistrict Court at the place, date and time specified below. PLACE: United States District Courthouse 701 Clematis Street West Beim Beach, Florida 33401 ROOM: Grand Jury Room DATE AND TIME: May 8, 2007 1:00 pm* YOU ARE ALSO COMMANDED to bring with you the following document(&) or object(s): All Income tax returns, balance sheets, regulatory filings, minutes of board of directors meetings, and documents required by or filed with the Internal Revenue Service and/or the State of Delaware referringor relating to the period of 1/112003 to 12/31/2005. For the period 111/2003 to the present, the names of all employees, copies of all W-2s for all employees, and the names of all corporate directors, board members, and shareholders. *Pleas/ coordinate your compliance d confirm the date and time , and location of your appearance with Special Agent , Federal Bureau of Investigation, Telephone: (561) 822.5946. • This subpoena shall remain in effect until you are granted leave to depart by the court or by an officer acting on behalf of the court. Pi DEPUTY CLERK DATE April 24, 2007 Its subpoena is issued upon application of the States of a1/41110fial or MilasianeNnmber uo.sfAsAsistantyU.S. Attorney 500 So. Australian Avenue, Suits 400 West Palm Bead, Ft 334014235 Tel: (561) 5204711 x3047 Pam (561) 802-1787 nine spestate error Tokiediiiief AM* FORM ORD-22/ 104.$6 OBBOG • US_Atty_Cor_ 00351 EFTA00235677 U.S. Department of Justice United States Attorney Southern District of Florida ta n ibillsigg ingt 061)8208711 APPEARANCE NOTICE The attached subpoena requires the production of the records specified to a Federal Grand Jury/Trial In the Southern District of Florida. A new provision of the Federal Rules of Evidence provides that routine business records may be admitted at Mai through the declaration of a custodian, if they are provided sufficiently in advance of trial to allow an opportunity for any challenges to their authenticity. Therefore, you may be able to avoid appearing personally at the grand juryltdal at the time and place specified by completely filling out the attached Certification and immediately returning It with the records to Special Agent FBI at the following address: Federal Bureau of Investigation 506 South Flagler Drive, Ste. 500 West Palm Beach, Florida 33401-5923 EARLY VOLUNTARY TURNOVER,. Please note that we are requesting an early voluntary turnover of the materials subpoenaed. The early voluntary turnover date Is prior to May 8. 2007. BY: Sincerely, R. ALEXANDER ACOSTA UNITED STATES ATTORNEY TATES ATTORNEY 06607! US_Atty_Cor_00352 EFTA00235678 N. K. CERTIFICATION OF BUSINESS RECORDS I, the undersigned, , declare that I am: employed by/associated with in the position of and by reason of my position am authorized and qualified to make this declaration. In my employment with the above-named bank/company I am familiar with the business records it maintains. The above-named bank/company maintains records of its business which are: 1. made at or near the time of the occurrence of the matters set forth therein, by, or from Information transmitted by. a person with knowledge of those matters; 2. kept in the course of regularly conducted business activity; and 3. made by the regularly conducted activity as a regular practice. Among the records so maintained are the attached records itemized in Appendix A, Inventory of Documents. I declare under penalty of perjury that the foregoing is true and correct. Date of execution: • Place of execution: Signature: US_Atty_Cor_00353 EFTA00235679 APPENDIX A DOCUMENT INVENTORY The documents submitted are as follows: Signature of Records Custodian: OBB09; US_Atty_Cor_00354 EFTA00235680 mmr•m• z. United States District Court SOUTHERN DISTRICT OF FLORIDA (;) TO: Custodian of Records JEGE, Inc. SUBPOENA TO TESTIFY BEFORE GRAND JURY Fel 07-103(WPB)-Tues./No. OLY-47 SUBPOENA FOR: O PERSON E DOCUMENTS OR OBJECT[S] YOUARE HEREBY COMMANDED to appear andtestifybefore theGrand Jury of theUnited States District Court at the place, date and time specified below. FLACK: United States District Courthouse 701 Clematis Street West Palm Beach, Florida 33401 ROOM • Grand Jury Roan DATE AND TIME: May 8, 2007 1:00 pm* YOU ARE ALSO COMMANDED to bring with you the following document(s) or object(s): All income tax return, balance sheets, regulatory filings, minutes of board of directors meetings, and documents required by or filed with the Internal Revenue Service and/or the State of Delaware referring or rotating to the period of 1/1/2003 to 12/31/2005. For the period 1/1/2003 to the present, the names of all employees, copies of all W-2s for all employees, and the names of all corporate directors, board members, and shareholders. *Please coordinate your compliance wit c ulymena and confirm the date and time, and location of your appearance with Special Agent (561) 8224946. Federal Bureau of Investigation, Telephone: This subpoena shall ranain in effect until you are granted leave to depart by the taint or by an °Mom acting on behalf of the court. • (BY)DEPLITYCIIPX This subpoena is issued upon application of the United States of Anarloa Oa_ Ne and Three Nambet of Assistant 118. Attorney Ann C. Metal% Agenda U.S. Attorney 500 or. Wisp Avenae, State 400 Wed Palm Brach, PI. 33401-6235 Td: (561) 820-8711 x3047 Far (561) 802-1717 temlamM*le,mt"nme TolawnillnionOM RAMORD427 MX16 OEM US_Atty_Cor_00355 EFTA00235681 • • l• U.S. Department of Justice ih Tiled States Attorney Southern District of Florida SOO S Australia Ave,. State 400 Wan Pals Bead FL 334014235 O41)8204M APPEARANCE NOTICE The attached subpoena requires the production of the records specified to a Federal Grand Juryarial in the Southern District of Florida. A new provision of the Federal Rules of Evidence provides that routine business records may be admitted at trial through thadeclaration of a custodian, if they are provided sufficiently In advance of trial to allow an opportunity for any challenges to their authenticity. Therefore, you may be able to avoid appearing personally at the grand jury/trial at the time and place specified by completely filling out the attached Ce 111. and immediately returning it with the records to Special Agent , FBI at the following address: Federal Bureau of Investigation 505 South Nagler Drive, Ste. 500 West Palm Beach, Florida 33401-5923 &Nilo, VOLUNTARY TURNOVER Please note that we are requesting an early voluntary turnover of the materials subpoenaed. The early voluntary turnover date is prior to May 8. 2007. BY. Sincerely. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY US_Atty_Cor_00356 06611 EFTA00235682 • •t CERTIFICATION OF BUSINESS RECORDS I, the undersigned, , declare that I am: employed bylassoclated with In the position of and by reason of my position am authorized and quailed to make this declaration. In my employment with the above-named bank/company I am familiar with the business records it maintains. The above-named bank/company maintains records of its business which are: 1. made at or near the time of the occurrence of the matters set forth therein, by, or from information transmitted by, a person with knowledge of those matters; 2. kept in the course of regularly conducted business activity; and 3. made by the regularly conducted activity as a regular practice. Among the records so maintained are the attached records itemized in Appendix A, Inventory of Documents. I declare under penalty of perjury that the foregoing is true and correct Date of execution: Place of execution: Signature: OGGI2 US_Atty_Cor_00357 EFTA00235683 • 1/4 •••••=0 aleS APPENDIX A DOCUMENT INVENTORY The documents submitted are as follows: Signature of Records Custodian: 06613 US_Atty_Cor_00358 EFTA00235684 "VI!latrine, Ann Marie C. WSAFIS \)" elantatedol.go v> 09/26/2007 11:01 AM To cc bcc Subject RE: Other attorneys "Jay Lefkowrte CLeficowitz@kirktand.corn> Hi Jay — Can you give me a call at 561209-1021 this morning? I am meeting with the agents and want to give them their marching orders regarding what they can tell the girls. Also, please remove Babbitt and Searcy from the list There is too great a chance of an appearance of impropriety with Babbitt and I received a bad report about Searcy last night. Thank you. 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 US_Atty_Cor_ 00359 EFTA00235685