EFTA00289808.pdf

t gov> 09/24/2007 01:27 PM To 'Jay Lefkowitz" cc ' lk(USAFLSV)- bcc Subject RE: Epstein agreement as reviewed by the U.S. Attorney 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. EFTA00289808 J.gov> 09/24/2007 04:34 PM To "Jay Lefkowitz" cc bcc Subject RE: Do you have a signed copy? Thank you, Jay. I hay rded your message only to Alex, Andy, and Rolando. I anticipate it going any further than that. When I receive 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 Andy promised Ch an update when a resolution was achieved. (Something I have promised in light of what happened last year.) Rolando is calling, but Rolando knows not to tell Chief Reiter about the money issue, just about what crimes Mr. Epstein is pleading guilty to and the amount of time that has been agreed to. Rolando also is telling Chief Reiter not to disclose the outcome to anyone. From: Jay Lefkowitz [mallto Sen • 24, 2007 4:06 PM To: (USAF S) Subject Re: Do you have a signed copy? 09/24/2007 04:04 PM To"Jay Lefkowitz" cc SubjectDo you have a signed copy? Hi Jay — Sorry 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. EFTA00289809 ,•- 09/26/200711:01 AM To "Jay Lefkowitz" cc boc Subject RE Other attorneys Hi Jay — Can you give me a call at 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. SSE Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone Fax III From: (USAFLS) Sent: Tuesday, September 25, 2007 8:37 PM To: 'Jay Lefkowite 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 he is conflicted out het:line one of his partners is married to an AUSA here. Stuart Grossman is probably my second choice. Ted Babbitt — http://www.babbitt-iohnson.com/tbabbitt.html EFTA00289810 Stuart Grossman — http://wwwsuossmanandrotlx.comtsgrossman.htan Chris Searcy — http://www.searcvlaw.corn/CHRISTIANDSEARCY/tabid/935/def aultaspx Lake Lytal, Jr. — lattp://www.lvtalreiter.comtindex.pleoase 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 (Sony 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 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone Fax EFTA00289811 j.gov> 09/27/2007 10:52 AM To "Jay Lelkowite < cc bee 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. Me 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 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 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? EFTA00289812 Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone Fax EFTA00289813 11/27/2007 01:55 PM Jay, To "Jay Lefkovatz" CC "Acosta, Alex (USAFLS)" bcc Subject Epstein .3c1.7 A:a 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 secure 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 to nearly the entire Epstein defense team including Guy Lewis, Lili Ann 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 nulls 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 MI 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, I 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 296. Thanks, • EFTA00289814 12/04/07 TUE 10:46 FAA 305 530 0440 BLEattivii or U.S. Department of Justice Untied States Attorney Southern District of F7nrida AUXANDERACOOTA 0111W) SMITS 47-1(Mo2Y olitway BY P&(SIM11.9 Kenneth W, Starr, Esq Kirkland & Ellis LLP 777 South Figueroa Street Los Angeles, CA 90017 Re: Jeffery Epstein Dear Mr. Starr ft Mt Area Mont Ft, 33132 0(2)941.9110.7olophoow MMI MILSOM - Amble 1 write in response to your November 2r letter, in which you Rise concerns regarding the Non-Prosecution Agreement between this Office and your client, Mr. Epstein. !take these concerns seriously. As your letter focused on the Section 2255 portion of the Agreement, my response will focus Pittaurily on that issue as well. I do wishto make some more general observations, however. Section 2255 provides %hal:41%y person who, while a minor, was a victim of a violation of [enumerated sections of Title 18) and who suffers personal injury as a result of such violation ... 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 foe." Thus, had this Office proceeded to trial, and had Mr. Epstein been convicted, the victims of his actions would have been able to seek to relief under this Section. TheNon-Prosecution Agreemententered into beneeen this Office and Mr. Epstein responds to Mr. Epstein's desire to reach a global resolution of his state and federal criminal liability. Ifitder this Agreement, this District has agreed to defer prosecution for enunciated sections of Title 18 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 "registcrable" offense; (2) that this plea include a binding recommenclationl'ora sufficient term ofimprisonment; and (3)tbat the Agreement not hum the interests of his victims. This third point deserves elaboration. The intent is to place the victims in the same position as they would bare been had Mr. Epstein been convicted at trial. No more no lea. With this in mind, ! turn to the language of the Agreement. Paragraph 8 of the Agreement provides: if ant of tilt indIvialalsre524mIto in paragraph (7), supra, elects to file nit pursuant to 18 U.S.C. § 2255, Epstein will not contest the jurisdiction of the United States et eel EFTA00289815 12/04/07 TUE 16:46 pa 306 530 6440 EXECUTIVE OFFICE District Court for the Southern District of Florida over his person andfor the subject matter,' and Epstein waives his right to contest liability and also waives iris right to contest damages up to an amount es 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 signaturo 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. Although these two sentences aro far from simple, they appear to incorporate our intent to narrowly tailor theAgreemeatto place the identified victims lathe samepositionas they wouldhave been had Mr. Epstein been convicted at trial. T would note thin I have conferred with our prosecutors and have been told that Paragraph 8 was vigorously negotiated and that the final language was suggested largely by defense counsel. The conocms raised in your letter with respect to Paragraph 8 fast within several general categories. First, you ralabeencerns regarding the nature of Section 2255. As you note, Section 2255 is a civil statute implanted in the criminal codg in contrast to other criminal statutes, Section 2255 fails to correlate payments to specific injuries or losses. Instead the statute presumes that victims have sustained damages of at least a minimum lump sum without regard to whether the complainants suffered actual medical, physiological or other forms of individualized harm. These concerns were, l would expect, aired when Congress adopted this statute, liven if they were not, this provision is now law. Rule of law requires now requires this District to consider the victims' rights under this statute in negotiating this ‘,.....nant. Second, you raise concerns regarding the idemity-of-the-vietims issue. Your concerns appear based on the belief that Paragraph EC is is blanket waiver of liability with respect to any number of unnamed and undisclosed victims. Iwoukl invite you to confer with your co-counsel regarding this matter. Although the language of Paragraph S could be so conitimed, our First Assistant informed Mr. Lefkowitt some weeks ago that this was not our position. As Mr. Ladkowitz baa noted, were Mr. F.pstein convicted at trial, the plaintiff-victims M a subsequent Section 2255 suit would still have had some burden to move that they were "victims? it is also the case, however, that were Mr. Epstein convicted at trial, the plaintiff-victims would not have to show that a violation of an enumerated section of Title 18 took place. Accordingly, our First Assistant informed Mr. Lefkowitz some weeks ago that we undaratood that if a victim-plaintiff elects to proceed to trial, Mr. Epstein's Akh0ugh not istcmitied in an issue by deftest awned, having reviewed ibis language, I note that Paragraph 8 rages the gorsti0n of what is meam by 'mbject nutter.' `Dave conferred with the AUSA rite nugotiated this language, and have been informed that parties intended this to address gas of venue. This Orrice wal not interpret this paragraph as my waiver of Subject matter jariselictiOn. Please Inform weir deflates counsel dila/fees oos EFTA00289816 12/04/07 TUE 18:47 FAX 305 530 5[40 EXECUTIVE OFFICE legal team might conduct dee diligence to confirm the that victim-plaintiff in fact had inappropriate contact with Mr. Epstein. Onec again, our interpretive principle is our intent to place the victim in the same position she would have beat had Mr. Epstein proceeded to trial. Third, you raise concerns regardingour decision not to create a restitution fbnd. Throughout the negotiations, defense counsel suggested several similar arrangements, including a Trust !bad. Again, our decision not to ante a fund flows from our belief that theAgreement sbouldprovicie the same Taken) the victims as they would have been entitled had we proceeded to trial. A restitution land or trust fund would place an upper limit on the victims' recovery. It is not for this Office to make that decision for the victims. They may choose to walk away, they may choose to settle, or they may choose to sue. The choke should remain with each individual victim? Fourth, you raise concerns regarding the selection process for the attorney representative. As you may be aware, the suggestion that we appoint an attorney representative originated with defame counsel. Defame counsel, I believe, found it advantageous to attempt to negotiate a settlement of the many victims' claims with one attorney representative. My Office agreed to appoint such a representative, in part, because we too thought it valuable for the victims to have the advice of an attorney who could advise them of their choices: whether to walk away, to settle or to sue. Since the signing of the Agreement, several issues have arisen with respect to this provision. First,leketed to assi an ibis Office's right to appointthe representative to an independentthird-party, former federal Judge Davis. I did this to avoid any suggestion that this Office's choice of representative was intended to influence the outcome of civil litigation. Second, your oo•eotmsel expressed concerns similar to those raised in your letter regarding the criteria used to select the representative. These criteria were: (1) Experience doing both plaintiffs' and defense litigation; (2) Experience with state and federal statutory and common law tort claims; (3) Ability to communicate effectively with young women; (4) Experience litigating against huge 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 Pdvacy: (6) Experience litigating in federal court in the Southern District of Florida; ' Your later references U.S. v Do lam. No. 2:04CR00003 (D. Ala 2004) at a modal for a restitution fund setgernent. lacked our prosecutor to contact the AUSA in that case. In that matter, the District of Alaska sought out and obtnined the consent of ail the victim, before entering into that sentanenr. In addition, they developed an elaborate procedure for deciding which victim would receive what. My view, in this case, is that those types of negotiations are better handler! between It. apatdit and the victims' representatives, and that this Office should not act as intermediary. Finally, I would note that in Boehm is well, the victims' identities were net Initially disclosed. At the AUSA wrote In dint cam "This filing is made cx ante because Boehm in hit plea agreement, waived any rights he Tad penalning to the material of beneficiaries and the disbursement of Ponds to such beneficiaries." 004 EFTA00289817 12/04/07 711E 16:47 FAX 305 530 8440 EXECUTIVE OFFICE (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); and (8) The ability m negotiate effectively. At my dirceticar, our First Assistant provided ow criteria to your co-cormsel, Mr. Lefkowitz, in advance, and at co-counsel's request, he noted in our communication with Judge Davis, defense counsel's objection to criteria 7. I have now reviewed these criteria and find them balanced and reasonable. They appear designed to provide the victims with an attorney who can advise them on all their options, whether it be to walk away, to settle (as your client prefers), or to litigate. Again, our intent Is not to Paver any one of these options, but rather to leave the choice to each victim. Fifth, you assert that this Office "has improperly insisted that the chosen attorney reptesentative should be able to litigate the claims of the individuals." should a resolution nor be possible. This issue, likewise, has already been raised and addressed in discussions between your co-counsel and our First Assistant We understand your position that it would be a conflict of interest for the attorney representative to subsequentlyrepresent victim-plaintiffs inacivil suit. Your imapretafton of the ethics rules may be coned, or it may be wrong. Far from insisting that the attorney representative can represent victim-plaintiffs in subsequent litigation, our First Assistant and! have repeatedly told defense counsel that we take no position on this matter. Indeed, 1 finny expect your defense team to litigate this issue with the attorney representative if a resolution is not reached. I have responded personally and in some detail to your concerns because I deeply care about both the law and the integrity of this Office. I have responded personally and in some detail as well becauseyour leiter troubled me on a number of levels. My understanding of the negotiations in this matter informs my concerns. The Section 2255 provision issue was first discussed at a July 31, 2007, meeting between FAUSA S/0111810. Criminal Chief Menthol, West Paint Brach Chief Lonnie, AUSA Villafaiia, and two FBI agents who met with Roy Black, Gerald Lefeourt, and Lilly Ann Smeller., On that date, the prosecutors presented a written, four-bullet-point term sheet that would satisfy the federal interest in the case end discussed the substance of chime terms. One of these four points was the following provision: Epstein agrees that, if any of the victims identified is the federal investigation file suit pursuant to 18 U.S.C. §2255, Epsteinwill not contest the jurisdiction of thelJ.S. District Court for the Southern District of Florida over his person and the subject matter. Epstein will not contest that the identified victims aro persons who, while minors, wore victims of violations of Title 18, United States Code. Section s(s) 2422 andfor 2423. _a_ Zoos EFTA00289818 12/04107 TUE 16:48 PAZ 305 530 6440 exewri vs OFFICE in mid August2007,yotadcfenseteam,dissatislied with my stairs review °film case, asked to meet with me. Mr. Lefkowdz indicated your busy schedule, and asked me to put off mull September 7.2007, so that you could attend. Mr. Lefkowitz also Indicated that he might appeal my decision to Washington D.C., if my decision was contrary to his client's intexest I agreed to the September 7" meeting, despite the fact that our AUSA had an indictment ready for presentation to the grandjory. An explicit wuditionoftbst agrtement, however,was an utdemtbading tetweea Mr. Letkowliz and myself that any appeal to Washington would be undertaken expeditiously Ou September 7, 2007,i, along with FAUSAt,AUSAs and FBI agents, met with you, Mr. Lefkowitz, and Ms. Sanchez. I understood that you wished to present Federalism-based con r • our prosecution. To ensure a full consideration of your arguments, l invited Chief of the Criminal Division's Child Exploitation and Obscenity Section, to travel from Washington to attend our meeting. During the September 7th meeting, your co-counsel, Mr. Lefirowitz, offend a pleamsolution. The inclusion of a Section 2255 remedy ally raised and discussed at the September 7° meeting. Indeed, according to AUSA notes, you thanked her for bringing it to your attention, Again, no objection to the Section 2255 issue was raised. After considering the arguments raised at the September 7° meeting, and after contesting with the FBIand with Chief Oortabsan,our Office decided to proceed with the indictment At that time, I reminded Mr. Lefkowitztbat be led previously indicated his desire to appeal such a decision to the Attorney General, the Deputy Attorney General, or the Assistant Attorney General for the Ctiminal Division, end' offered to direct our prosecutors to delay the presentation of the indictment to allow you or les to appeal our decision if you so chose. He decided not to do so. Instead, Mr. Epsteinelemed tonegotiatetheNon-Prosecution Agreement These negotiations vane detailed and time-consuming. Mr. Epstein's defense teem, including yotaself, Professor Dershowite, former United States Attorney Guy Lewis, Ma Lilly Ann Sanchez and Messrs. Roy Black, Jack Goldberger, Gerry Lefroart and Jay Lcfkowitz had the opportunity to review and raise objections to the terms of the Agreement Again, no one raised objections to the Section 2255 language. Since the signing of theAgreement, the defense team and our Office have addressed several ipues that have arisen under the Agreement Although the exchanges were at times a bit litigious, ill appears that these issues have been resolved by mutual consent, some in favor ofyour client some not so. ft is against these many previous foregone oppottunides to object that I receive with surprise your letter requesting an t I a hour, after-the-feet review of our Agreement. Although it happens rarely, I do not mind this Office's decision being appealed to Washington, and have previously directed our prosecutors to delay filings in this case to provide defense counsel with the option of appealing our decisions. Indeed, although I am confident in our prosecutors' evidence and legal analysis. I nonetheless directed them to consult with the subject matter experts in the Criminal Ill Doe EFTA00289819 12/04/07 TUE 16:t8 FAX 30$ 230 6440 EXECUTIVE OFFICE Division's Child Exploitation and Obscenity Section to confirm ow interpretation of the law before approving their indictment package. t am thus surprised to read a letter addressed to Department lieedquraters that raises issues that either have not been raised with this Office previously or that have been raised, and in fact resolved, in your client's favor. I am troubled, likewise, by the apparent leek of finality in this Agreement. The AUSAs who have been negotiating with defense counsel have for some time complained to me regarding the tactics used by the defense team. It appears to theta that as soon as resolution is reached on one issue, defense counsel finds ways to challenge the resolution collaterally. My response thus far has been that defense counsel is doing its job to vigorously represent the client. That said, there must be closure on this nuttier. Some in ow Office are deeply concerned that defense counsel will continue to mount toilette! challengesto provisions of the Agreement, even after Mr. Epstein has entered his gttilty plea and thus rendered the agreement difficult if not impossible, to upwind. Finally, I am most concerned about any belief on the part of defense counsel that the Agreement is unethical, unlawful or unconstitutional in any way. ) in closing, f would ask that you consult with co-counsel. If after consultations within the defenseteam, you believe that our Agreement is unethical, unlawful or unconstitttional.I would ask that you notify us immediately so that we can discuss the matter by phone or in person. I have consulted with the chief prosecutor in this case, who has advised me that she is ready to unwind the Agreement and proceed to trial if necessary or if appropriate. would reiterate that it is not the intention of this Office over to force the hand of a defendant to enter into an agteement against his wishes. Your elicit has the right to proceed to trial. Although time is ofthe essence (I understand that certain filings are due to our Office no later than December 74' and that certain events must take place no later than December 10), 1 am directing our prosecutors not to issue victim notification left= until this Friday at Spm., to provide you with time to review these options with your client. We em available by phone or to person, in the interim, to It is not clear torn your letter "Maher you believe that attorneys in this Office hart acted knecopfdy. Your idler, for examp!c, alludes to the need to engage in an Inquiry to assurethat diSekumires to potential witnesses did not undermine the reliability of OM result of this fecal investlgatioa. Asa former Department oflustice Amoley,,I Am wtnis that you recognise that this is a serious allegation. I have raised this mew with AUSA who informed rte that the victims were not told of the availability of Stelio° 2255 mikEdurlag the investigation phase of this matter. If you have specific concernt. I ask that you raise these with me immediarety, so that I am make appointee inquiries -6- 007 EFTA00289820 12/04/07 111E 16:4$ FAX 306 530 6440 EXpCIIIVIS OFFICE 0004 addrms any matters that might remain unaddressed in this Ietter. We expect a written decision by this Friday at 5 p.m., indicating whether the defense team wishes to reaffirm, or to unwind, the Agreement. cc: Sincerely, It. ALEXANDER ACOSTA UNITED STATES ATTORNEY " Assistant Attorney General First Assistant U.S. Anorney EFTA00289821 12/06/07 111) 15:22 FAX 303 530 0440 SXECU/lVE OFFICE US. Department of Justice Untied Stalesilitornay Southern District ofFkrlda Blear DELIVERY BY FACSIMILE Jay?. Leficowitz, Esq. Kirkland & Ellis LIP Citigroup Center 153 East 53rd Street New York, New York 100224675 Re: Jeffrey Epstein Dear Jay: 99N.E. Street Mond. PL 35132-Jill (305)96142O Facsimile: (70S) 004(0 December 6, 2007 I write in response to your recent c-mails and letters regarding victim notification and other isms. Our Office is trying to perform out contractual obligations under the Agreement, which we feel are being frustrated by defense counsel's objections. The Office also is concerned about Mr. Epstein's nemperfonnance. Mom than three weeks ago we spoke about the Mute to set a timely plea and sentencing date. At that time, you assured me that the scheduling delay was caused by the unavailability of Judge McSocloy. You promised that a date would be set promptly. On November 15th, Rolando Garcia met with Barry Maher on another matter, and was told by Mr. Krisher that he had'just spoken with Jack Goldberger, and that Mr. Epstein's plea and sentencing were set to occur on December 14, 2007. Since that time, we have tried to confirm the date and time of the hearing in order to include that information in the victim notificationletters. You continue to refer to the plea and sentencing as though it wlll January; Mr. KrIsher's office has not confirmed any date; and Mr. Goldberger recently tel Villafefis that "there is no date." I must reiterate that a delayed guilty plea and sentencing — now mete than two months beyond the original deadline — is unacceptable to the Office. As you will recall, the plea and sentencing bearing originally was to OCCIlf 271 early October 2007, but was delayed until Caebaber26th 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 recentlylearned that a plea conference had been scheduled with JudgeMeSoday forNovember 20. 2007, but was canceled at the request of the patties, not the judge. Judge IvIeSorley has not been away fbr any eXtended period, and them is no basis for your assertion that the judge is the cause of EFTA00289822 12/08/07 TEU 18:23 PAX 305 530 8440 EXECUTIVE OFFICE JAY P. 1111KOWT7Z, Esq. Damen 6, 2007 PACE 2 OP 4 any past or future delay. Mr. Epstein eunently has four Florida Bar members on his defense team, 30 attorney scheduling is not an adequate basis for delay. Three weeks ago I also asked you to provide our Office with the terms of the Plea Agreement with the State Attorney's Office. It is now more than two months since the again of the Non- Prosecution Agreement and we have yet to see wry fbrmal agreement, or evou a list °remade terms of such an agreement, Next, let me address your allegation that attorneys ha our office and agents of the FBI have leaked information to the press in an effort to affect possible civil litigation with Mr. Epstein. This is untrue. There has been no contact between any member of the press and any employee of our office or the FBI since you incorrectly accused investigators of telling "Vanity Fair" about Mr. Starr's employment by Mr. Epstein several months ago. We Intend to continua to refrain from commenting or providing information to the press. We would ask that your client and all of his representatives do the same. I also want to address your interpretation of several statements that were included in- conospondence at your insistence— as proof that the designated victims have invalid claims. Let me make clear that each 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 victim of a vielation of section . 2422 or 2423 of this title." in other words, the Office is prepared to indict Mr. Epstein based upon Mr. Epstein's "interactions" with these individuals.' This conclusion is based upon a thorough and proper investigation — one in which new of the victims was informed of any right to receive damages of any amount prior to the investigation other claim. The Office agrees that it is not a party to, and wilt not take a role in, any civil litigation, but the Office an say, without hesitation, that the evidence demonstrates that each person on the list was a victim ofMr. Epstein's cnrninal behavior. Mr. Starr's letter also suggests that the number of victims to wham Mr. Epstein is exposed by Me Agreement is limitless. As you know, early drafts of the Agreement contained a numerical limit of40 victims, which was removed at your request. The Office repearedlyconfinned that the number would not exceed*, and the list is significantly shorter than that Once the list is provided to you, ifyou have a good faitlibasis for asserdng that a victim never met Mr. Bpsteie, we remain willing to listen and to modify the lid if you convince as of your position. _Dully, let meaddress raurobjections to thedraft Victim Notification Lelia. You write that you En understand the basis for the Office's belief that it is appropriate to notify the victims. Pursuant to the "Justice for All Act of 2004," crime victims are entitled to: "The right to reasonable, accurate, and timely notice of any public cowl proceeding ... involving the crime and the "right `Unlike the States investigation, the federal investigation shows criminal conduct by Mr. Epstein at least as early as MI, so all of the victims were minors at the time of the offense glen EFTA00289823 12/00/07 THU 16:23 FAX 306 630 6440 EXECUTIVE 0PPICE LW P. LEPEOWM., ESQ. DECEMBER 6, 2007 PA063 0P4 not to be excluded from any such public court proceeding ." 18 U.S.C. § 3771(aX2) & (3). Section 3771 also commands that "employees of the Department of Justice . engaged in the detection, iuvesugation,ormosecution of alma shall make their boatel:1*one to see that crime victims are notified of, and accorded, the rights described in subsection (a)." 18 U.S.C. § 3771(oX1). Additionally, parstumt to the Victims' Rights and Restitution Act of 1990, our Office is obligated to "inform a victim of any restitution or other relief to winch the victim may be entitled under this or any other law and Ding man= in which such relief maybe obtained." 42 U.S.C. § 10607(cX1XB). With respect to notification of the other information that we propose to disclose, the statute requires that we provide a victim with the earliest possible notice of the status of the investigation; the filing of charges against a suspected offender; and the acceptance of a plea. 42 U.S.C. § 10607(c)(3). Just as in 18 U.S.C. § 3771, these sections an not (linked to proceedings in a federal district court. Our Non-Prosecution Agreement resolves the federal investigation by allowing Mr. Epstein to plead to a stato 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 your assertion that we are seeking to "federalize" the state plea, ow office is simply informing the victims of their rights. It does not command than to appear at the hearing o to file a victim impact statement. In Lac the letter recommends the sending of any statement to the Slate Attorney's Office so that ASA a can determine which, if any, statements are appropriate to file with the Court. Next, you assert that ow letter misebaractaiz' es Mr. obligation to pay damages to the victims. To avoid that suggestion, I have asked AlJSA MMIlto simply quote the tarns of the Agreement directly into the Notification Latter. We also have no objection to referring to Mr. Epstein as a "sexual offender" rather than a "predator." We have no objection to using the conjunction "and/or" in referring to the particular offense(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 theOffice has no intention to take any position in any eivillifigation arising between Mr. Epstein and any individual victim, as stated above, the office believes that It has proof beyond a !tastable doubt that each listed individual was a victim of Mr. Epstein's criminal conduct while the victim was a minor. The law requires to to treat all victims "with fairness and with respect for the victim's dignity and privacy." 18 U.S.C. § 3771(a)(8). We will not include any language that demean: the harm they may have suffered. The letter's assertions regarding representation by the Podhuxst fine and Mr. Jose-berg are accurate. Judge Davis conferred with Mesas. Podhurst and Jostfcbcrg to insure their willingness to undertake this assignment prior to finalizing his selection. 111004 EFTA00289824 12/05/07 TEC 15:23 FAX 305 530 8440 EXECUTIVE OFFICE JAY P. Unovm2, ESQ. DEMMER 6,2007 FAGS 4 Of 4 Lastly, you object to personal communication between the victims and federal attorneys or agents. Wo have no objection to sendialetters through the mail2 but not remove the language about contacting AUSA IMME or Special Agent with quesdons or concerns. Again, federal law requires that victims have the reasonable right to confer with the attorney for the Government In this case." 18 U.S.C. § 3771(a)(S). The three victims who were notified prior to your objection had questions directed to Mi. Epstoin's punishment, not the civil litigation. Those questions are ae rly directedtolaw enforccmen If questions arise related to the civil litigation, AUSA and Special Agent will recommend that the victims direct those questions to Mr. Iosefsberg. I have attached a revised letter incorporating the changes on which we can agree. Please provide any further casements by the close of business on Friday. In addition, pi eascprovide us with a definitive statement, signed by your client, of his Intention to abide by each and every term of the Agtotment by close of business on Friday, December 7, 2007. By that time, you must also provide us with the agreement(s) with the State Attorney's Office and a date and time certain for the plea and sentencing, which must occur no later than DeceMber 14, 2007. There must be closure in this matter. Sincerely, R. Alexander Acosta United S By: First Assistant ratted States Attorney Enclosure cc: R. Alexander Ac Anomey AUSA 'This is contingent, however, on being able to provide adequate notice of the change of plea and sentencing. The sooner that you schedule that hearing with Judge ivieSorley, the sooner we can dispatch these letters. If you delay further, we will have to rely on telephone or personal notttleation. ®nos EFTA00289825 U.S. Department of Justice United States Attorney Southern District of Florida DELIVERY BY ELECTRONIC MAIL Jay P. Leficowitz, 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 Bath, FL 33401 (561) 8204711 Faestrntle: (561)8204777 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 I 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. EFTA00289826 JAY P. LEFICCAVITZ, ESQ. DECEAGER 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 learned 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. I 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 bad 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 EFTA00289827 JAY Pi LEFICOWITZ, 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 mial 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. Belohlavek'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 unsuccessfill. As you mention in your letter, I —a simple line AMA — 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 EFTA00289828 JAY P. LESICOWITZ, ESQ. DECEMBER 13, 2007 PAGE 4 OF $ 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 infonned 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, contacting potential 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 At cl consult with the Justice Department prior to issuing the subpoena and I was told that because I was nia 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 referring. Al[ documents related to the grand jury investigation have been filed under seal, and the Palm Beach Police Department's probable cause affidavit has never been filed with the Conn. 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 expecte, so no one should have access to it except the Court and myself. Those documents are still in the Court file only because xagjiave 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." EFTA00289829 JAY P. LEFKOWITZ, ESQ. DECEMBER 13, 2007 PAGE 5 OF 5 With respect to Ms. N I contacted her attorney — who was paid for by Mr. Epstein and was directed by I for Mr. Epstein to demand immunity — and asked only whether he still represented Ms. and 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 to Ms. status as a victim, you again want us to accept as true on that are beneficial to your client and to reject is false anything detrimental to him. Ms. made a number of statements that are contradicted by documentary evidence and a review of her recorded statement shows her lack dibility with respect to a number of statements. Based upon all of the evidence collected Ms. is classified as a victim as defined by statute. Of course, that does not mean that Ms. considers herself a victim or that she would seek damages from Mr. Epstein. I believe that a num r 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, IL Alexander Acosta United States Attorney cc: By: Assistant United States Attorney e\andet Acosta, U.S. Attorney First Assistant U.S. Attorney You also accuse me of "broadenting) 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. EFTA00289830 12/19/07 TED 17:03 PAX 305 530 8140 EXECUTIVE OFFICE UNMSDSTMEIAI7ORNife DELIVEV By FACSIUM Lilly Ann Sanchez Fowler White Burnett, PA 1395 Stickel' Ave, 143 Floor Miami, FL 33131 lLe Jeffrey Epstein Dear Ms. Socha: U.S. Department of Justice United States Attorney Southern District of Florida Ateztrea Avg:, 90 NE. 1S0int Komi n 33132 (101) 9014100 - Tulepeoav (305) $3S6#4- isruenik. December 19, 2007 I write to follow up on the December le meeting between defense counsel and the Epstein prosecutors, as well as our First Assistant, the Miami FBI Special Agent in Charge end myself.' I write to you because I am not certain who among the defense team is the appropriate recipient of this letter. I 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 members. First, I would like to address the Section 2255 issue.2 As I stated in my December letter, my understanding is that the Non-Prosecution Agreement entered Into between this Office and Mr. Epstein responds to Mr. Epstein's desire to reach a global resolution of his state and federal criminal liability. Under this Agreement, this District has agnted to defer prosecution for enumerated swims I Over the past two weeks, we have received several hundred pages of arguments and uhibits from defense counsel. This is not the forum to respond to the several items raised, and ow silence should not be interpret as agreement: I would, however, like to address one issue. Yaw December le' letter states drat as a rcsuk of defense counsel objections to the appointment process, the USAO proposed an addendum to the Agreemeet to provide fur the use of an independent third party selector. As I recoil this matter, before I had soy knowledge of defense counsel objections, I no sponic proposed the Mdendtart to Mr. Lefkowitz at an October meeting in Palm. Beach. I did this in an attempt to avoid what I foresaw would likely be a litigious felet(101) piocesa. It was only after I proposed this change that Mr. Lefkowitz raised with me his enumerated concerns. 3 Section 2255 provkles the: Islay pawn who, while a minor, was a victim of a violation of temmteracd sections of title IS) and who suffers personal injury as a result of such violation ... may sue in any appropriate United Stoics District Court and shall rixover the actual damages such person sustains and the cost of the suit, Including reasonable attorney's fro." 002 EFTA00289831 12/10/07 WED 17:03 FAX 305 530 8440 EXECUTIVE OFFICE of Title 18 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 for a 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 i previously observed, our intent has been to place the victims in the same position as they would have been had Mr. Epsicinbeen 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 Ft, which as I wrote previously, appear far from simple to understand. I would thus propose that we solve our disagreements over interpretations by saying precisely what wemean, inn simple fashion. 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 States Code, Section 2255, will have the same rights to proceed under Section 2255 as she would have had, if Mr. Epstein been tried federally and convicted of an enumerated offense. For purposes of implementing this paragraph, the United States shall provide Mr. Epsteim'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 arty authority determining which evidentiary burdens if any a plaintiff must moot, 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 vial. No more; no less" 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 tide draft letter to defense as a courtesy. in addition, First Assistant United States Attorney Simian already incorporated in the letter several edits that had been requested by defense counsel. !agree that Section 3771 applies to notice of proceedings and results of investigations of federal crimes 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 stale proceedings, although we will provide him with the information necessary to dose 'the wishes. Third, I would like to address the issue raised regarding Florida Statute Section 796.03. At our meeting, Professor Dersbewhe 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 Office will not, and cannot, be apart./ to an agreement in which Mr. Epstein pleads guilty to an offense that he believes he did not commit. We are considering how best to proceed. 2 %003 EFTA00289832 12/10/07 ORD 17:04 FAX 305 530 6440 EXECUTIVE OFFICE id 004 Finally, I would like to address a more general point. Our Agreement was first signed on September 2411%2007. Pursuant to paragraph II, Mr. Epatein was to use his best efforts 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 to defense counsel several times their concerns regarding delayer, end in fat, asked me several weeks 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 I id' hour appeal. weeks before the now scheduled January 4ih plea date. This said, the issues raised are important and must be fully vetted irrespective of timeliness concerns. We hope to preserve the January 414 date. 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 (lithe 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 Fishes; to inform her ofa possible appeal, to ask her to grant the potential request for review, and to in factreview this case in an expedited manner to attempt to preserve the January ath pica date. 1 want to again reiterate that it is not the intention of this Office ever to force the hand of a defendant to en ter into an agreement against his wishes. Your client has the right to proceed to trial, and he should do so if he believes that 1r 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. cc: Alice Fisher, Assistant Attorney General First Assistant U.S. Attorney AUSA Sincerely, R. ALEXANDER ACOSTA 'UNITED STATES ATTORNEY 3 EFTA00289833 02/25/2008 07:43 PM To ` M > cc "Oosterbaen, Andrew" bcc Subject Epstein Jay, The Section Chief of DOJ's 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 3'd 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 3rd), 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 EFTA00289834 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 Lefkowitz. First Assistant U.S. Attorney Southern District of Florida EFTA00289835 SAF LS)" usdoj.gov> 02/27/2008 09:45 PM Sent from my BlackBerry Wireless Handheld Ori inal Message From: < To: (USAFLS) Sent: e F 21:37:02 2008 Subject: Epstein Jay, To cc "Oosterbaan, Andrew" bcc Subject Fw: Epstein 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 U.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 PrUfWaso±- Alah'DeeshOWitt, Lily Mn Ana 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 EFTA00289836 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. First Asst. US Attorney Southern District of Florida EFTA00289837 Jay, 02/29/2008 07:17 PM To IMMa> cc bee Subject Epstein Fri14,5,W Va; A gtfrY Mgargitit. igA6.1t1:Eles A ;:a. terlicri m, I know you emailed the U.S. Attorney but I feel compelled to respond. In my Monday, February 25° 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 27°, it seemed to me that nothing had much changed. Your email stated " because I am currentlysheduled to be on trial all next week in Delaware, I 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 12°. 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. EFTA00289838 Jack Goldberger Sent: at tilla ill y, unellit8 11:31 AM From: (USAFLS) I To: Cc: (USAFLS); Subject e: o 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. II (USAFLS) Sent: iR f$008 5:45 PM To: a dbiiiii; Roy BLACK Cc: (USAFLS) Subject: Motice'of Non-Compliance From: Dear Messrs. Goldberger and Black: Please see the attached Notification Letter. «080627 Goldberger Black notification ltr.pdf» Assistant U.S. Attorney 1 EFTA00289840 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 OBCF009381AMB Procuring Person Under 18 for Prostitution 1 No 2 FEL PSI: WalvedlNot Required X Required/Requested ADJUDICATION: Adjudicate (x SENTENCE: On 06CF009454A1.48, the Defendant Is sentenced to 12 months in the Palm Beach County Detention Facility, with credit for 1 (one) day time served. On 08CF009 381AMB, the Defendant is sentenced to 18 months Community Control 1 (one). As a special condition of this Community Control, the Defendant must serve the first 6 months in 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 06CF009454AMB. The conditions of convnunity control are attached hereto and incorporated herein. OTHER COMMENTS OR CONDITIONS: Court Costs: $474.00 Cost of Prosecution: $50.00 Drug Trust Fund: $50.00 As a special condition of his community control, the Defendant Is to have no unsupervised contact with minors, and the supervising adult must be approved by the Department of Corrections. The Defendant is designated as a Sexual Offender pursuant to Florida Statute 943.0435 and must abide by ail the corresponding 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 EFTA00289841 FLEA 191 THE caaeur€ COURT THE FOLLOWING IS TO REFLECT ALL TERMS OF THE NEGOTIATED SF.111F.IvIENT Horne: Jeffrey E. Epttein Plea: Gully „X i Case No. ghargatt Seinith,Leafr _Sian O6OFM/0)454AM:3 Felony Solleinition of Prostitution I No 3 FEL O3CFODSC,81ANI3 Ptomain Person Under 16 tor Prostlailitm 1 No 2 EEL PM: Waled/Not Required RoqukedtRequftded ADJuDICATION; AdJuditem 6ENTENCE: On 06CF600454AMS, the Defendant in cadenced to 12 modiste the Pam Beath Court, Detention Facay, wdh aedt for S (one) day thne serest µ On atiSOF0gg3S1AMS, the 139bn:fent is sentenced to 6 mordlisein the Palf0 fteactt C..enty Detention Fatal, will aedt *Mere) day tbne served. This $ month sentence fa to be served consecufive to the 12minti sentence lo CS=09.4646118. Fo€o1 WS 6 month =Nam, the Detendant wii be placed on 12 months Commucify control 1 (one). The =Mons of comminity control are attached bombe and incorporated Mein. O11tER COMMBETS OE CONEUTION$: AS a spectral condition of Ids communey ccmbol, the De contactwilta minces, and Me.stosnisirrg adult must doe Cone efforts, )2 , nt t. to have r.o unsupervls -a by the Department of The Defendant is des rated as a Sexual Offender pursuant to Florida Statute 843.0C35 and suet abide by all the corresponding requirements of the statute, a copy of hill n fs Mated nersto and Mcorporatd herein. The Defendant must provide a DNA sample in court at the time oft L. . /sir Date of Flea . sot mit•oefendunt C. — /Defendant — • EFTA00289842 U.S. Department of Justice United States Attorney Southern District ofFlorida 500 South Australian Ave, Sidra 400 West Palm Reach, FL 3.801 (561)8204711 Itoestedle: (361) 8204777 November 29, 2007 DELIVERY BY BAND Miss Re: Dear Miss Several months ago, l provided you with a letter notifying you of your rights as a victim pursuant to the Justice for All Act of 2004 and other fedora] legislation, including: (1) (2) (3) The right to be reasonably protected from the accused. The right to reasonable, emanate, and timely notice of any public court proceeding involving the crime or of any release or escape of the accused. The right not to be excluded from any public court proceeding, unless the court determines that your testimony may be materially altered ifyou are present for other portions of a proceeding. The sight to be reasonably heard at any public proceeding in the district cowl involving release, plea, or sentencing. The reasonable right to confer with the attorney for the United States in the case. The right to MI and timely restitution as provided in law. The right to proceedings free from unreasonable delay. The right to be treated with fairness 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. Fist, Mr. Epstein agrees that heivill 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. EFTA00289843 MISS NOVEMBER 29, 2007 PAM 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 PalmBeach County Jail. Third, Mr. Epstein has agreed that he will not contest jurisdiction or liability if you elect to sock damages from him because the United States has identified you as a minor victim of certain federal offenses, including travel in interstate cormnerce to engage in prostitution with minors and the use of facilities of interstate commerce to induce minors to engage inprostitution. 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 Podhnrst Josefsberg with the law rum of Podhurst Orseck, PA. They can be reached at anticipate that someone from their law firm will be contacting you shortly. that you are not obligated to use these attorneys. In fact you have the absolute rule to select your own attorney, so you can decide not to speak with Mssrs. Podhurst/ Josefaben at all. or you can speak with them and decide at any time touse a differontatromtry, If you do decide to seek damages from Mr. Epstein and you decide to use Messrs. Podburst /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 partof 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. beforeJudge Sandra K. McSorley,inConrtroom 117 at the Palm Beach County Courthouse, 205 North Dixie Highway, West Palm Beach, Florida. Pursuant to Florida Statutes Sections 960.001(1)(k) and 921.141(1), you are entitled to be present and to make a statement under oath. If yon 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 fbllowing: 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 flum 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 EFTA00289844 is Novasrtunt 29,2007 PAGE 3 4. Your e-mail address 5. A notation of whether you would lice 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.) 'flank yon for all of your help during the course of the investigar If ou have questions or concerns, please do not hesitate to contact me or Special Agett a . Sincerely, It. Alexander Acosta United States Attorney By: Assistant Vatted States Attorney Victim-Witness Coordinator, U.S. Attorney's Office EFTA00289845 12/06/07 THU 15:22 FAX 305 530 6440 EXECUTIVE OFFICE U.B. Department of Justice United States Attorney Southern District of Florida Riesz DELWERY BY PACSIMU.P. JayP. brikowitx, Esq. Kirkland & Ellis LIP Chigoe!, Center 153 East 53rd Street New York, New York 10022-4675 Re: Jeffrey Epstein Dear Jay: PPN.X.4* &nut klarat,FL 33132-2111 (303)961-92.09 Paella (305) 530.6444 December 6, 2007 I write in response to your recent entails and letters regardingvictim notification and other issues. Our Ot£ice is trying to perform OOT contractual obligations under the Agreement, which we feel are being frustrated by defense counsel's objections. The Office also is concerned about Mr. Epstein's nonperformance. Moro than three weeks ago we spoke about the frame to set a timely plea and sentencing date. At that time, you assured me that the scheduling delay was caused by the unavailability of Judge McSorley. You promised that a date would be set promptly. On November 15th, Rolando Garcia met with Berry Maher on another matter, and was told by Mr. Krisher that he hadjast spoken with Jack Goldberger, and that Mr. Epstein's plea and sentencing were set to occur on December 14, 2007. Since that time, we have tried to confirm the date and time of the hearing in order to Include that infbrmation in the victim notification letters. You continue to refer to the plea and sentencing as though it w • Mr. ICrisher's office has not confirmed any date; and Mr. Goldberger recently told that 'Thom is no date." I must reiterate that a delayed guilty plea and sentaneing — now more than two months beyond the original deadline — is unacceptable to the Office. As you will recall, the plea and senteneingbearing originallywas to occur in earlyOctober2M, but was delayed until °etch01.26th to allow Mr. Goldberger to attend it 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 recently learned that a plca conference had been 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 for any extended period, and there Is no basis for your assertion that the judge Is the cause of EFTA00289846 12/00/01 THU 15:23 FAX 305 530 8440 EXECUTIVE OFFICE JAY P. Latowrrz, ESQ. DECANWCR 6, 2007 PAGE 2 OF 4 any past or Ibture delay. Mr. Epstein currently has four Florida Bar members on his defense team so attorney scheduling is not an adequate basis for delay. Three weeks ago 1 atso asked you to provide our Office with the teams of thePlea Agreement with the State Attorney's Office. It is now more than two months since the /riving of the Non- ProseendonA greement and wchaveyet to see anyf0rmal agreement, or evenalist of essential teens of such an agreement. Next, let me address your allegation that attorneys in our office and agents of the FBI have leaked information to the press in an effort to affect possible civil litigation with Mr. Epstein. This is untrue. There has been no contact between any member of the press and any employee of our office or the PHI since you incommily secured investigators of telling "Vanity Fair" about Mr. Starr's employ cent by Mr. Epstein several months ago. We intend to continue to refrain from commenting or providing information to the press. We would ask that your client and all of his representatives do the seine. I also want to address your interpretation of several statements that were included in. correspondence—at your insistence— as proofthat the designated victims have invalid claims. Let me make clear that each of the listed individuals am persons whom the Officeidentified as victims as defined in Section 2255, that is, as persons "who, while a minor, was a victim of a violation of section... 2422 or 2423 of this title In other words, the Office is prepared to indict Mr. Epstein based upon Mr. Epstein's "interactions" with these Individuals.' This conclusion is based upon a thorough and proper investigation —ono in which am of the victims was informed of any right to receive damages of any amount prior to the investigation of her claim. The Office agrees that it is not a party to, and will not take a role in. any civil litigation, but the Office can say, without hesitation, that the evidence demonstrates that each person on the list was a victim ofMr. Epstein's criminal behavior. Mr. Stn's letteralso suggests that the number of victims to whom Mr. Epstein is exposed bythe Agreement is limitless. As you know, early drafts of the Agreement contained a numerical limit of40 victims, which wasrernoved at your request. The Office repeatedly confirmed that the number would not exceed 40; and the list Is significantly shorter than that. Once the list is provided to you, ifyou have a good faith basis for asserting that a victim never met Mr. Bp stein, we remain willing to listen and to modify the list if you convince os of yourposItion. Filially, letme address yourobjections to thedraft Victim Notification Letter. You write that you don't understand the basis for the Office's belief that it is appropriate to notify the victims. Pursuant to the "Justice for All Mt of2004," mime victims arc entitled to: "The right to reasonable, accurate, and timely notice of any public court proceeding ... involving the clime and the "right 'Unitise the State's investigation, the federal investigation shows criminal conduct by Mr. Epstein at least as early as 2001, so all of the visit-Ms were minors at the time of the offense. Q003 EFTA00289847 12/06/07 TIM 16:23 FAX 305 530 6440 EXECUTIVE OFFICE JAY P. LEPKOW1TZ, ESQ. Dscatmen 6,2007 Pros 3 os 4 not to bo excluded from any such public court proceeding . . 18 U.S.C. § 3771(aX2) 1 (3). Section 3771 also commands that "employees of the Department of Justice . engaged in the detection, investigation, orprosccution of crime shallmaketheir best efforts to see thane:rime victims are notified of, and accorded, the rights described in subsection (a)." 18 U.S.C. § 3771(eX1). Additionally, pursuant to the Victims' Rights and Restitution Act of 1990, ow Office is obligated to "inform a victim of any restitution or other relief to which the victim may be entitled mitt this or any other law and [the] mannerin which such relief may be obtained?' 42 U.S.C. § 10607(cX1)(B). With respeM to notification of the other information that we propose to disclose, the statute requires that we provide a victim with the earliest possible notice of: the status of the investigation; the filing of charges against a suspected offender, and the acceptance of a plea. 42 U.S.C. I 10607(0)(3). Just as in 18 U.S.C. § 3771, those sections are not limited to proceedings in a federal district court. 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 your assertion That we are seeking to "federalize" tho state See, our office is simply Informing the victims of their rights. It does not command them to appear at the hearing or to file a victim impact statement. In fact, the letter receinnumds the sanding of any statement to the State Attorney's Office so that ASA Belohlavek can determine which, if any, statements we appropriate to file with the Court. Next, you assert that ow letter mischaractaizes Mr. Epstein's obli :alien to pay damages to the victims. To avoid that suggestion, I have asked AUSA Villafatia to simply quote the terms of the Agreement directly into the Notification Letter. We also have no objection to referring to Mr. Epstein as a "sexual offender" rather than a "predator." We have no objection to using the conjunction aandfoe' in referring to the particular offense® 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 theOffice has no intention to take any position in any civil litigation arising betweenMr. Epstein and any individual victim, as stated above, the Office believes that it has proof beyond a reasonable doubt that each listed individual was a victim *Mtn Epstein's criminal conduct while the victim was a minor. The law requires us fo treat all victims "with faiIIIC6S and with respect for the victim's dignity and privacy." 18 V.S.C. § 3771(a)(8). We will not include any language that demeans the harm they may have suffered. The letter's assertions regarding representation by the Podhurst firm and Mr. Josefibag are accurate- Judge Davis conferred with Messrs. Podhurst and Josefeberg to insure their willingness to undertake this assignment prior to finalizing his selection. Q004 EFTA00289848 12/08/07 TEO 16:23 FAX 30$ 630 8440 JAY P. LEPKOW172, ESQ. Dr-mom 6, 2007 PAGE 4 OP 4 atricorrvir OFFICE (boos Lastly, you object to personal communication betweenthe victims and federal attorneys or agents. We have no objection to • letters through the 2 will not remove the language about contacting AUSA or Special Agent with questions or concerns. Again, federal law requires that victims have the "reasonable right to confer with the attorney for the Goverainent in this case." 18 U.S.C. § 3771(aX5). The three victims who were notified prior to your objection had questions directed to Mr. Bpstein's punishment, not the civil litigation. Those questions are appropriately directed to law enforcement. If questions arise related to the civil litigation, AUSA VitlafafLi and Special Agent Knyricendall will recommend that the victims direct those questions to Mr. Josefsberg. I have attached a revised letter incorporating the changes on which we can agree. Please provide any further comments bythe closoofbuatness onFriday. In addition, please provide us with adefinitive statement, signed by your client, of h is intention to abide by each and every term of the Agreement by close of business on Friday, December 7, 2047. By that time, you must also provide us with the agreement(s) with the State Attorney's Office and a date and time certain for the plea and sentencing, which most occur no later than December 14, 2007. There must be closure in this matter. By. Enclosure cc; B. Alexan st Attorney AUSA Sincerely, It. Alexander Acosta last Assistant United States Attorney This is contingent, however, on being able to provide adequate notice of the change of plea and sentencing. The sooner that you schedule that hearing with Judge lvIcSorley, the sooner we can dispatch these letters. If you delay further, we will have to rely on telephone or personal notification. EFTA00289849 12/05/07 THU 15124 FAI 905 530 8440 EXECUTI VS OFFICE US. Department of Justice Odra States Attorney Southern District of Florida SOO SoulhAustralicat Ave, Suhe 400 West Palm Beach, FL 33401 (561)820-8711 Facsimile: LS60820-8777 December 6, 2007 DELIVERY RYJNI7B1) aTATFahlAIL Miss Re: Notifral km of Resolution ofgpstein Investigation Dour 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 enypublic courtprocteding,unless the court determines that your testimonymay 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 fight to confer with the attorney for the United States in the case. (6) The right to MI and timely restitution as provided in law, (7) The right to proceedings free from unreasonable delay. (8) The right to be treated with flimess and with respect for the victim's dignity and privacy. I am writing to inform you that the federal investigation ofleffity Epstein has been completed, and that Mr. Epstein and the U.S. Attorney's Office have reached an agreement containing the following terms. ?M0S EFTA00289850 12/00/07 THU 16:24 FAX 305 530 0440 EXECUTIVE OFFICE Mars Novestant29.2007 PActs 2 First, Mr. Epstein agrees that he will plead guiltyto two state offenses, including the offense of soliciting minors to engage in prostitution, which will require him to register as a sexual offender for the remainder of his life. 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, Mt Epstein has agreed that he will compensate you for damages you have suffered, under the following circumstances. That portion of the agreement that relates to those claims reads as follows: 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 ofthis agreement, the United States, in cons ultati on with and subject to the good faith approval of Epstein's counsel, shall select an attornoyrepresentative forthesepersons,vvho 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 fiat provided by the United States, Epstein's signature on this agreement, his waivers and failures to contest liability and such damages in any suit am not to be construed as an admission of any criminal or civil liability. 9. Epstein's simmture on this agreement also Is not to be construed as an admission of civil or criminal liability or a waiver of any jurisdictional ZOO? EFTA00289851 12/06/07 TEU 16:26 FAX 305 630 6640 Miss NOVEMBIR29t20D7 PAGE 3 Executive OFFICE 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 inparagraph (1), supra, neitherEpstein'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 Ste United States. Pursuant to the teams ofthe agreernentand an addendum, 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 Podhutst and R " ' isidsberg with the law fern of Peanuts? Oracek, P.A. They can be reached at IMF 1 anticipate that someone from their law firm willbe contacting you shortly. I must also advise you that you aro not obligated to use these attorneys. In fact. you have the absobt right to select your own_akomey. so volicattsiecide not to monk with Meests., Pedhursalosefsberg atoll. or you can weak with *221 and desdrinannyltme_tan differentatternny !frau do decide to seek damages fromMr. Epstein and you decide to use Messrs. Podhurstliosefsberg 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 ere unable to reach a settlement with Mr. Epstein, you and Mr. Josefsberg can discuss how best to proceed. As I mentioned above, as pert 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 IC. MoSorloy, in Courtroom 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 924.143(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 may 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 iosses, loss of earnings directly or indirectly resulting from the mime for which the defendant is being sentenced, Woos EFTA00289852 12/00/07 MU 15:25 FAX 305 530 0440 EXECUTIVE OFFICE Mus NOVEMBER 29, 2007 PAGE 4 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 imprisoinnent at the end of his prison term and/or if he is al lowed to participatein a work releaseprogram. 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 4. Your e-mail address 5. A notation of whether you would like to participate in the "VINE system," Widelt provides automated notification °ails any time an inmate is moved, (To use this system, your calls nmst go to you directly, not through a switchboard.) Thank you for all of your help during the course of the investigation. Ifyou have an questions or concerns lease do not hesitate to contact me or Special Agent Sincerely, By: It Alexander Acosta United States Attorney is ant United States Attorney cc: S cial t F.B.I. , Victim-Witness Coordinator, U.S. Attorneys Office Zoos EFTA00289853 10/25/07 THU 15:1S PAZ 505 530 0440 EXECUTIVE OFFICE U.S. Department orJarttee United States Attorney Southern District of Florida F0 run 99NA. eStrern Alkyd, Fl 33132 Tidephofte: 005)961-9299 FacrimIle: O0)O0-6444 October 25, 2007 DELIVERY BY FACSIMILE The Hon. Edward B. Davis (Ret) Akennan Senterfitt One Southeast Third Avenue, 25th Floor Miami, Florida 33131 Re: Service as a Succial Master Dear Judge Davis: Thankyou 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 Ornee conducted an investigation of Mr. Epstein. Mattson ofthat investigation, the US. Attorney's Office and Mr. Epstein entered into a Non-Prosecution Agreement and an Addendum that contains, inter alia, 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 responsibility to an indepen dent 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. EFTA00289854 10/25/07 TEU 13:15 FAX 305 630 044D EXECUTIVE OFFICE THE HON. EDWARD B. DAVIS gm) °crones25,2007 PACS 2 OP 4 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 fde 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.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 Stales, 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. 9.13pstehes 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 0 003 EFTA00289855 10/25/07 TEO 13:10 FAX 305 530 6440 The HON. EDWARD E. DAVIS (RET.) OCTOBER 25,2007 FACE 3 004 EXECUTIVE OFFICE RI 004 signature on this agreement, nor its terms, nor any resulting waivers or settlements by Epstein arc 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, MIS 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 Slates 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 ofengaging in sexual activity or prostitution withminors. 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 ofthc 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. 4 Experience litigating against large law firms and high profile attorneys who I An earlier version of this statute deems that any person described in the preceding sentence shall have sustained damages of no less than S50,000 in value. EFTA00289856 10/25/07 THU 13:10 FAX 305 530 0440 EX0CUTIVB OFFICE Tun HON. EDWARD B. DAVIS 01.8T4 OCTOBER 25,2007 Picas 4 OP 4 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 carmot be reached (defense counsel has reserved the right to challenge such litigation). 8. The ability to negotiate effectively. Pursuant to this letter, thcUnited States assigns toyou tho responaibilityfor 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 attomeyrepresentative 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 1 canyothvide you with any farther information, please do not hesitate to contact me and/or the U.S. A end -Kirkland J ay Lefkowitz, Beg. on behalf offipetein. Mr. Lefkowitzcan 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, IL Alexander Acosta United States torn By: rant ted States Attorney cot AUSA 01005 EFTA00289857 :7 ver;oire- • • + -••••• ••••?.7- 'Cr*. •-• • • •44/0 0 t, :•:,);;Sea'•• • • 7:- '3•• :-.•• • 4. ietV 416h4 SiAriitrinploto %striping Waii y4terypect4-czY t'•• Lagell ets* . •• 21'•••• .• • •.: • • . • . • • :.••••• ".< • i • . ;.. • • ••• • • • ' / • • ''• •• • -41/4 • Dv: • .31 • I S • It• . e •II • . ' Cir• -V. /yore. tin #11.-6.• •• i 44 • '. 41*/ .1 1'4: 41 ; i .' ' 4, Y' -. .: T y7: . :rt.:: .... yr • 4 • Wt s; " • • } 1 “I• 'CI 2 e• yr ••• ••• •i ti rePtY• 73? ... 1 1 P t . 11.101/4441•14*A ' • .• t • i N ;1141 . Lou' qo~ . lfr"441k/OFC4.•;5• ..C4j5.0,5a#V7: taliAlfatiititietV47 7.: %Z. J.21;0:7K*Inborlitiiiiieligfit0 Cettlt . at e . : :: , fli . L.' '''134/941.4M9117P• it-•$4 ; ilmArkoolifinf•BPIii.41.o4e:::',..., ••.,Igil<0,;,opui,.ildi: weitepaina" ... Ithotiroiaor nor — — islocitooicaiikainktiticroxsocisrsoyatiariliepaorsiimp ,:. : "ban siance.-ribummuntiyityszp.waRtm inl• • - ' ' tWcWawsiteukr,,palmorioscotnrrcufm•puseaoefbagunfin. ,m!stliv • . . , . . Poll! 41:4.31.0. 3ffix" - :• " ' .- • - • • • • • • eo —Lrtret. EFTA00289858 .; -1§-r-• Air , ••; te: _ • DATE: age 2 • N •• •• ,..c :Prob./ : 25t. /,..•.43 .. . • • • Sex Off, Prpg .boileac. YE' . Off ro• O.O.1 E.C. II: • 'Os - • . . . - „ . . 0 —PrObatkin niiferf tF re • -:•• - • • .: ,. . . " • .. . . , . •SPE.GIALOPNIAT100:,• Oi camPlate,Driginally OnierectOoTiditi0r4 •I3 Ourfa*: • . :p.m., with.the-to:Hewing - • immediately,aSbn•releitae. Prob. - . •• • ' • mi. ••• •• • ...• ' N• • • . • . , . . . excaptfon• • ? • • : • • '• • ' ' - • • " • . • • Q • paftno feport to•Preb., Dept. • a 04. ngjp have In care, custody; 0 Defile stamedfratalYnolify cl Restitution OFP•filed -Mt-TWA .• . t ' ,. '.' • . • . . ' ; • • or confrolany.t.inlaw.ful•OrillSM:erlal;subst., device, oriCi4eCt. Offiger If place of resIdehcolar Jk3b changes. • • .._ : ... ; ...: ' " Li, • • . • - , . 4. . .. . . . • •• ancr*RirittAn-prons ol'itt- •,.z.: - . • • . ...if •••.• : __•••••;-:-Tre. !Mb - 11W dAlsla EC•r..0:1.PA GtigtOke ti1390:1 •4•••4$. ig :04 0.1„,Leil94.9AplirwmakitcholorliaOnt,. larclitin liSR8I eratirVY•Tp17444.4SStz );411141)51s4V CI No`qonturnpticin/Possession CY Attend • .• • .AA of and/al-NA .. 1 ...*:.,. ••.. ..k. n4.1.r.Cri..!!1.11n.lb,r. ... : .. ... :•......... Lt,......f...,.:4.,;ticktf,W,et..'.., d.'-'7. er'..2.r.-4.1"..:••!.".•?3 Alcohol di.ontgs or Intoxicants without a Pieacriptien. • " •• •.‘t s:.: ' • Meetings per.Week: • . " • I, 'it • '.:..S.lif; cpbusineas whesagrimary Stiiposp.is the sale of alcohob...7: -7:',.;,:iiii ' f.3 •INteircAto froward . lace "c2 tenrIPI010-...:;-2Elaiaf Gonynurrity Service to be•done et the rate pf •_..._:_:4 1 Hrs..per• Wir•ftlo.(Nlinl . . . s -- • • " -ryas /Yrs • . . . . . .. . . . ••••. ".. -Ca „U . - *iEISKIkediStimenglgclitpr„,.. 0-Att darisuccassfally.oarnsiete,DaacticidliadiAltessiohaatUcdreinipast , P.anal4. : .%; •„,'-. .• ; : •Nfr:finentact /, No Motel! Contact 1 No.Direict or -Indirect contectw irn(s)t• p_therscisteg:;;•• ,•••:: „ 391 r4pons ..;.,z 0'4;44.0 torictiOi• loccetsfully-tmplate, la lieldlly Custody, 0 -Enter•and SuccessfUlly 0 ForleitWetpon - f sinor.chner6 vii .Arful pereislon.. aware • ef•tbki cestrand the disPasitiOnt• .. • '? l:',1 Waived by court'. . i. MSIOIn-V• .' • . • _ euna.Seel-PcograrricantAny Flecomeren e cledafterog . release only •1p WO than-S: • ureted•Prograni Officer. . Complete FBSO•Long 4 Short-Track Drug Farm ariff-Ar* Rec. agtormearet...t-1-1. I filOney'seized at the ilina cif arrest to: . • . . 0- Enter.andtornsfete:. ij Anger " &Theft Abattsonerit ?Ingram: 0 Defendant maysapply lot Early •• 'CI Solve 'i - • days / Managetnent•Prograrn • U Batterers Intenfanticinis ranii.•:.1 • . ‘ '. . ., 0 Other. '• • • : i • S Terialriailen after' , provided all conds, are Satisfied . month in•Pz %prerft for •. • • • . -dame 1-months.. . , . 2, • . : • I . • • 4 • fli,, - - . a. _IA - A di 1 • r . .. N• .. . a 4) 4 • ' . Ci• • . . . : `- I ' : . • . . . . - . • • . 0 • • . . . . . ' • . ., -. • • !on . . • • • • • • • ' • 5 . 5 . . . • • • • • . ' • .... m. .. , . : . . . • •• • ' . . • • • : . : . .. . . . . .. . . . .7 • • • • • •• . • ... 0 . • • ene ••••••••• EFTA00289859 1i .T • r"ski Y. , -- ;I' • . Pacutre ofrsre -t-D 13 " . YES . T P ,f3STIT0 . • . .... • •• ' ''' . , • • : • • . • - ..rr. • f# as 4 . ' - : ...:2 '' 4,5.1.rt 'ad ._i '; l • l t,t s . 8 2 e la ' ffi llellier4aff ir t i:t. Rep. • ail•Wiai • - ~it 4 W.44/211,71.39fWf iii~lne ., iiiiip 4.9 : • • ot • s.• / /0 - et • • IL ..•!- itY974..)-71. ." ; ' • gotta f fl%rit Viriz"t• t29** if , - . .. . • . ' zI **Men 1 Red tl. With ritlusso Preju• • '' 0 inthdrawn D . , vontillim 5 WritumordqstoPoRpsq. ij. • waning /0 -oniered a ecalled 0 Bo p 0 SaBelew - ' OtAlsoCoveis • 041 D rod Ref ? DeSt It Revo1/4d tSe Fat Vine! ..e, ' 'oat i r .. Reinstated 4 Reinstated, if 1 0. CISOR:DisehARevokol /Marna .' " . tattled*" c*Da9edolusps. Deft_ ~t k 0 PD Ap Olin only Sp • ' - -' • CL*CansApkt : - • Y foe 0 Diug Para . DOC•Ness•Se elBee r luattniz • • \ ' 0 P‘Pleai 0 S I °Wendt?! datt i..,,..,......‹,taffing Refaced to: PTi / SAAPV Is 13 Clap absentee d t i - : I .,..: . • • • :. F... t. .. t ' st-rTERED A OØ.0 9 .1- °TOMS"! GUM . 0 NO • • , Ill•BasT~ trim"' etårge" • '. '' ".. l c:brined-ea .24 Rtsi r : PSI • was ets. , . werest v of ter - 4s . - . • - .* ADICtUlLTY•as Charged at° • Laser '•:•45,2:1,- • i Man Onaan at Cts • • Lesser 4i . 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Dia:-,--a•-• Rut at - Set / ItallliOS Set Reset . . • • . „ . • .: " - " DIV • Mk at ____,PAYilisk 0, .Deft clya . . Dd Co 0 • A ' . • d 0 0 • . - 'bob -Jail 0 on • c County ODuribouse 205 N. Dixie, Wert Palm Beach Notified by • a cour. '8844 S by: , niminai "te!Road Antic. B 80, Belle - 0 Courirpoa..03 ' . 3228am. Chit. - • . . ice Doinplex.. PaPii3tadi ) noUREAMRSOIVVIN A Mein me bee mall Assyraz. Raw CCRUCTWIlif *tr wee neat rtesstvnarpoone pee arsedommucous Naas n =muffle wrra~,mr:fflve ~Nip WOCterarrtyCr TO YOUR Marl MEIN MI mitten: ht w iciressmalcaktrtchurmtuse, Or 110 . frat*LIWITUID, At ko corm lonnndaskaibit• .1 anatsescs. . msititiva *mar arum ',Sir& • I i EFTA00289860