gov.uscourts.nysd.447706.1330.6.pdf

Case 1:15-cv-07433-LAP Document 1330-6 Filed 01/05/24 Page 1 of 10 EXHIBIT E Case 1:15-cv-07433-LAP Document 1330-6 Filed 01/05/24 Page 2 of 10 \ \ INRE: INVESTIGATION OF JEFFREY EPSTEIN ---- ---- ---' ' NQN-PRQSECtmQN AQBEIMIW: IT APPEARING that the City of Palm Beach Police Department and the State Attomoy's Offlce for the lSth Judicial Circuit in and for Palm Beach Cowity (hereinafter, the "State Attorney's Office") have conducted an investigation into the conduct of Jeffrey Epstein (hereinafter "Epstein"); IT APPEARING that the State Attornoy's Office has charged Epstein by indictment with solicitation of prostitution, in violation of Florida Statutes Section 796.07; IT APPEARING that the Unitl,d States Attorney's Office and the Federal Bureau of Investigation have concluded their own investigation into Epstein's background and any offtme1 that may have been committed by Epstein against the United States from in or around 200 J through in or around September 2007, including: ( J) knowingly and willfully conspirina with othen known and unknown to commit an offimsc against the United States, that is, to use a facility or means of interstate or foreign commerce to knowingly persuade, induce, or onticc . minor femalea to engage in proatitution, in violation ofTitle 18, United States Code, Section 2422(b); ,u in violation ofTitle 18, United States Code, Section 371; (2) knowingly and willfWly conspiring with others known and unknown to travel in interstate commerce for the purpose of cngaaing in illicit 1eXual condua, as defined in 18 U.S.C. §·2423(f), with minor females, in violation ofTitlo 18, United States Code, Section 2423(b); all in violation ofTitlo 11, United States Code, Section 2423(e); (3) using II facility or moan1 of interstate or foreign commerce to knowingly persuade, induc:e, or entice minor females to engage in prostitution; in violation of Title J8, United States Code, Sections 2422(b) and 2; (4) traveling in interstate commerce for the pmposc of engaging in illicit sexual conduct, as defined in I8 U.S.C. § 2423(!). with minor females; in violation Page I of 7 GIUFFRE007597 CONFIDENTIAL Case 1:15-cv-07433-LAP Document 1330-6 Filed 01/05/24 Page 3 of 10 of Title 18, United States Code, Section 2423(b); and (5) knowingly, in and affecting interstate and foreign commerce. recruiting. enticing. and obtaining by any means a person, knowing that tho person had not attained lhc age of 18 years and would be caused to cngaee in a commercial sex cict as defined in J8 U.S.C. § IS9l(cX1); in violation ofTitJe 18, United Sta&cs Codo, Sections 1591(aX1) and 2; and IT APPEARING that Epstein seeks to resolve globally his state and federal criminal liability and Epstein undentands and acknowledges that, in exchan&e for the benefits provided by this agreement, he agrees to comply with its terms, including undertaking certain actions with the State Attorney•• Office; IT APPEARING. aftor an investigation of the oft'emes and Epstein's background by both State and Federal law enforcement agencies, and after due comultation with the State Attorney's Office; that the interests of the United States. the State of Florida, and tho Defendant will be served by the following proccdurc; THEREFORF., on the authority of R. Alexander Acosta, United States Attorney for the Southern District of Florida, prosecution ln this District for these offenses shaJI be deferred in favor of prosecution by the State ofFlorida, provided that Epstoin abides by the foJlowing conditions and the rcquiremems of this Agreement set forth below, If the United States Attorney should determine. based on reliable evidence, that, during the period of the Agreement, Epcstoin willfully violated any of the condition., of this • A11ecment. then the United States Attorney may. within ninety (90) days following the oxpiratlon of the tenn of home confinement disamed below, provide Epstein with timely notice specifying the condition(s) ofthe Agreement that be bu violated, and shall initiate its prosecution on any offense within sixty (60) days' of giving notice of the violation. Any notice provided to Epstein pursuant to this paragraph shall be provided within 60 days of the United States )earning of facts which may provide a basis for a determination of a breach of the·Agrc,erneril After timely fultiJJing aU the terms and conditions of the Agn::cmcnt, no prosecution for the offcnscs set out on pages 1 and 2 of this Agreement, nor any other offenses that have beali the subject of the joint investigation by the Federal Bureau of Invostiption and the United States Attomcy•s Office, nor any offenses that arose from the Federal Grand Jury investigation will be instituted in this District, and the charges against Epstein if any. will be dismissed. Page2 of 7 GIUFFRE007598 CONFIDENTIAL Case 1:15-cv-07433-LAP Document 1330-6 Filed 01/05/24 Page 4 of 10 Terms of the Agreement 1. Epstein shall plead guilty (not nolo contendcre) to the Indictment u currently pending against him in the 15th Judicial Circuit in and for Palm Beach County (Case No. 2006-cf-009495AXXXMB) charging one (I) count of solicitation of prostitution. in violation of Fl. Stat § 796.07. In addition, Epstein shall plead auilty to an Information flied by the State Attorney•• Office charging Epatcin with an offense that requires him to register as a sex otfonder, that is, the solicitation of minon to engage in proatitution, in violation ofFlorida Statutes Section 796.03; 2. Epstein shall make a binding recommendation that the Court impose a thirty (30) month sentence to be dividc,d u foUows: (a) Epstein :1ball be sentcnccd to consecutive term, of twelve (12) months and six (6) months in COWlty jail for all cla-gcr, without any opportunity for withholding adjudication or sentencin&, and without pobation or community control in lieu of impriaonment; and (b) Epstein shall be sentenced to a term of twelve (12) month., of community control consecutive to his two terms in county jail u described in Term 2(a), supra. 3. This agreement is contingent upon a Judge of the 15th Judicial Circuit acceptin& and executing the senleliee agreed upon between the State Attorney's Office and Epstein, the details of which arc set forth in this agreement 4. Tho terms contained in paragraphs l and 2, IU/N'tl, do not foreclose Epstein and the State Attorney's Office from agreeing to recommend any additional cbarge(s) or any additional tenn(s) of probation and/or incarceration. 5. Epstein shall waive alJ challenges to the lnfonnation filed by the State Attorney's Office and shall waive the right to appeal his conviction and sentence, except a acntencc that exceeds what is set forth in paragraph (2),supra. 6. Epstein shaJJ provide to the U.S. Attorney's Office copies ofall Page 3 of 7 GIUFFRE007599 CONFIDENTIAL Case 1:15-cv-07433-LAP Document 1330-6 Filed 01/05/24 Page 5 of 10 proposed agreements with the State Attomc,y's Office prior to entering into those agreements. 7. The United States shall provide Epstein's attorneys with a list of individuals whom it has identified as victims, as defined in 18 U.S.C. § 2255, after Epstein has signed this agreement and beoo sentenced. Upon tho execution ofthis aareement. the United States. in consultation with and subject to the good faith approval of Epstein's counsel, shall select an attorney representative for those persons, who shall be paid for by Epstein. Epstein's counsel may contact the identified individuals through that representative. 8. If any of the individuals referred to in.paragraph (7), supra, cl.equ te> tile suit pursuant to 18 U.S.C. § 2255. Epstein will not contest 'ihe jwi•~onof the United.State, Diaaict Court for the Soutbeml)iitrict ofFl<>ri~ov«-hia person and/or the subject matter, and Epateinwalv• his right to contest liability and al10 waives hii right to contestdamagea up to an amount as agreed to between the ldentifled individual and Epstoin, so Jong as the identified individual elects to proceed exclusively under 18 U.S.C. § 22SS, and agrees to waive any other claim for damages, whether pursuant to state, federal, or common law. Notwithslanding this waiver, u to those individuals ·whose names appear on the list provided by the United States, Epstein's signature on this agreement, his waivers and failum to contest liability and such ~ c s in. any '1,dt are not to be construed as an adrn~iou of 1111)' ciiiiji,nal or civil liability. 9. Epstein's signature on this agreement also Is not to be construed as an admission of civil or criminal liability or a waiver of any jurisdictional or other defense II to any person who,e name does not appear on the list provided by the United States. JO. Ex.ccptas to those individuals who eJcct to proceed exclusively under l SU.S.C. § 2255, as set forth in paragrapl:t (3), .rupra, neither Epstein's signatllR on this agreement, nor its terms, nor any rcsultin& 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 811)' person, whether or not her name appears on the list provided by the United States. 11. Epstein shall use his best efforts to enter his guilty plea and be Page4 of 7 GIUFFRE007600 CONFIDENTIAL Case 1:15-cv-07433-LAP Document 1330-6 Filed 01/05/24 Page 6 of 10 sentenced not later than October 26, 2007. The United States has no objection to Epstein self-reporting to begin serving his sentence not later than January 4, 2008. l 2. Epstein agrees that he will not be afforded any benefits with respect to gain time, other than the rights. opportunities, and benefits as any other inmate, includina but not limited to, eli&ibility for aain time credit of based on standard rules and regulations that apply in the State Florida . At the United States' request, Epstein apees to provide an accounting of the gain time he earned during his period of incarceration. 13. The parties anticipate that this agreement will not be made part of any public record. If the United States recotves a Preedom of Information Act n,quest or any compulsory process commanding the discJosin of the agreement, it will provide notice to Epstein before making that disclosure. require the Epstein understands that the United States Attorney has no authority to of this agreem ent Epstein undcrs iandl tbal State Attorney's Office to abide by any terms and to use hi, ke discuss ions with the State Attorn ey's Office it ia hia obligation to underta will necessa ry best efforts to ensure compliance with these procedures, which compli ance be also underst ands that it is his obligat ion to uso to satisfy the United States' interest P.pstein Epstein's binding his best efforts to convince the Judge of the 15th Judicial Circuit to accept ng the scrntencc to be impose d, and underst ands that the failure to recommendation regardi do so will be a breach of the agreement. sation In consideration ofEpstciD's agrcemont to plead guilty and to provide compen and corxfiti ons in the manner described above, ifEpstein successfuJly fulfills all oftbc terms crimina l charge , e any of this agreement, the United States also agrees that it will not institut . inclucting but not limited to Sarah Kellen. against any potential co-conspirators of Epstein Adriana Ross, Lesley Oro~ or Nadia MarcinkoviL Further, upon execution of this federal Grand Jury agreement and a plea agreement with the State Attorney's Office, the Jury subpoe nas will be held investigation will be suspended, and all pending federal Grand ent. The in abeyance unless and \Ultil the defendant violates any term of this agreem to withdra w his pending motion to interve ne and to quuh certain defendant likewise agrees e e, spe<:ifl cally evidenc grand jury subpoenas. Both parties agree to maintain their evidenc and nas that have been issued, requested by or directly related to the grand jwy subpoe of this agreement have including certain computer equipment, inviolate until all of the terms been satisfied. Upon the success ful comple tion of the terms of this agreement, all outstanding grand jury subpoena., shall be deemed withdra wn. Pa~So f 7 GIUFFRE007601 CONFIDENTIAL Case 1:15-cv-07433-LAP Document 1330-6 Filed 01/05/24 Page 7 of 10 By signing this agRC111ent, Epstein asserts and certifies that each of these terms is material to this agreement and is supported by independent comideration and that a breach of any one of these conditions allows the United States to elect to terminate the agreement and to investigate and prosecute Epstein and any other individual or entity for any and all federal offenses. By signing this agreement, Epstein asserts and certifies that he is aware ofthe fact that the Sixth Amendment to the Constitution of the United States provides that in all criminal prosecutions the accused shall enjoy the right to a speedy and public trial. Epstein further is aware that Rule 48(b) of the Federal Rules of Criminal Proecdure provides that the Court may dismiss an indictment, infonnation, or complaint for unnecessary delay in presenting a charge to the Grand Jury, tiling an infonnatio11t or in bringing a defendant to trial. Epstein hereby requests that the United State& Attorney for the Southern District ofFloridadofer such prosecution. Epstein agrees and consents that any delay from tho date of thil Agreement to the daM of initiation of pro,ecution, as provided for in the terms expressed heniD, shall be deemed to be a necessary delay at his own request, and be hereby waives any defense to such prosecution on the ground that such delay operated to deny him rights under Rule 48(b) of the Federal Rules of Criminal Procedure and the Sixth Amendment to the Constitution ofthe United States to a speedy trial or to bar the prosecution by reason of the running of the statute of limitations for a period of months equal to the period between the signing of this agreement and the breach of this agreement u to those offenses that were the subject of the grand jury'1 investigation. Epstein further userts and certifies that ho understands that the Fifth Amendment and Rule 7(a) of the Federal Rules of Criminal Procedure provide that all felonies must be charged in an indictment presented to a grand jury. Epstein hereby agrees and consents that, if a prosecution against him is instituted for any offense that wu the subjcci ofthe, grand jwy 's investigation, it may be by way ofan Information signed and filed by the United States Attorney, and hereby waives his right to be indicted by a grand jury u to any such offense. I II Ill Ill Page 6 of 7 GIUFFRE007602 CONFIDENTIAL Case 1:15-cv-07433-LAP Document 1330-6 Filed 01/05/24 Page 8 of 10 By signing this agreement, Bpstein asser1s and certifies that the above has been read BDd explained 1o mm. Bpsteinhmeby states that he 1mderstands tho conditions of this Non- Prosecutioa Apcmen t and agree, to comply with them. R. ALEXANDER ACOSTA tJNITBD STATES AITORNBY Dated: _ _ __ By: A. MARIB VILLAPAAA ASSISTANT U.S. A'ITORNEY Dated: _ _ __ OERAID LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN Dated: _ _ __ LILLY ANN SANCHEZ, BSQ. A'ITORNBY POR JBFFRBY EPSTEIN Pagc,7of 7 GIUFFRE007603 CONFIDENTIAL Case 1:15-cv-07433-LAP Document 1330-6 Filed 01/05/24 Page 9 of 10 By signing this aarecment, Epstein asserts and certifies that the above has been read and explaiMd to him. Epstein hereby states that he understands the condition1 of this Non- Prosecution Agreement and agrees to comply with them. R. ALEXANDER ACOSTA UNITED STATES AITORNEY Datod: _ _ __ By: A. MARIE VILLAFARA ASSISTANT U.S. ATTORNEY Daeod: _ _ __ Dated: _ _ __ Llt,LYANN SANCHEZ, ESQ. A'ITORNEY FOR JEFFREY EPSTEIN Pago 7 of 7 GIUFFRE007604 CONFIDENTIAL Case 1:15-cv-07433-LAP Document 1330-6 Filed 01/05/24 Page 10 of 10 \ \ \ ies that the above bas beon rad By aignmg this agreemm1, F.patein usa11 and certif samdl the conditions ofthil Non- ho unda lild explained to him. Epstein bcn,by ,tatea thai lhcrrn. ProMcution Agreemmt and agn a to comp ly with R. ALEXANDER ACOSTA tJNrrBI> STATBS AlTORNB'/ Dated: _ _ __ By: A. MARlB VILLAFAAA ASSISTANT U.S. A1TORNBY .JBPFlU3Y BPSTBIN GBRALD LEFCOUllT, ESQ. COUNSEL TO JBFJ1RBY BPSTBIN---: > ~-- Q. ATI'ORNBY POR JEFPRBY EPST13:n.l Pap 7of 7 GIUFFRE007605 CONFIDENTIAL