EFTA00225920.pdf

Villafana, Ann Marie C. (USAFLS) From: Jay Lefkowitz[[email protected]] Sent: Friday, September 14.2007 9:40 AM To: Villafana, Ann Marie C.(USAFLS) Subject: Follow up Confidential Marie - thanks very much for speaking this am. Have conferred with my client and I think we are on the same page. When you send me your draft today, would you please also include a paragraph with 403 in lieu of 1512. I want to understand better how you would characterize the 403 violation. (What was actually said?). I want to keep studying that avenue today as well. The other possible option is to charge three 113s. Also, one other idea. Can you look at 47 use 227(b), which is another 6 month statute which might work for the 6 months. We could do three of them, and they seem to fit the facts well. I will call you late this pm (if you leave me a number to reach you), and then we can plan on getting this done Monday. The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmasterukirkland.com, and destroy this communication and all copies thereof, including all attachments. t•**Mt ********************* ***** *** ******** **** ********** 13 EFTA00225920 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Friday, September 14, 2007 9:54 AM To: lefkowitz(gkirkland.corns; 'Jay Lefkowitz' Subject: Plea documents Ili Jay - I'm not sure which of those e-mail addresses is correct. Here are drafts of the plea agreement and information. They have not yet been blessed by Miami, but they have approved of prior similar drafts, so these should be close to what is needed. My home e-mail is [email protected]. You also can get me over the weekend on my cell phone at 561 601-2301. Informaton arging 1512 and OLY Plea ement v4 1512 a Regards, Marie A. Marie Villaimia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 22 EFTA00225921  Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Friday, September 14, 2007 9:56 AM To: 'Jay Lefkowilz' Subject: RE: Follow up Sorry, Jay. I just got this and have to run off to the hospital. I will revise and re-email you tomorrow or late tonight. A. Marie Villafafia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Original Message From: Jay Lefkowitz [mailto:[email protected]] Sent: Friday, September 14, 2007 9:40 AM To: Villafana, Ann Marie C. (USAFLS) Subject: Follow up Confidential Marie - thanks very much for speaking this am. Have conferred with my client and I think we are on the same page. When you send me your draft today, would you please also include a paragraph with 403 in lieu of 1512. I want to understand better how you would characterize the 403 violation. (What was actually said?). I want to keep studying that avenue today as well. The other possible option is to charge three 113s. Also, one other idea. Can you look at 47 use 227(b), which is another 6 month statute which might work for the 6 months. We could do three of them, and they seem to fit the facts well. I will call you late this pm (if you leave me a number to reach you), and then we can plan on getting this done Monday. The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to [email protected], and destroy this communication and all copies thereof, including all attachments. 20 EFTA00225922 Villafana, Ann Marie C. (USAFLS) From: Jay Lefkowitz [[email protected]] Sent: Friday, September 14.2007 1:04 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Re: Follow up Thx. I am available late this pm, or over the weekend to speak. Original Message From: "Villafana, Ann Marie C. \(USAFLS\)" [[email protected]] Sent: 09/14/2007 09:55 AM AST To: Jay Lefkowitz Subject: RE: Follow up Sorry, Jay. I just got this and have to run off to the hospital. I will revise and re-email you tomorrow or late tonight. A. Marie Villafaha Assistant U.S. Attorney 500 5. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Original Message From: lay Lefkowitz [mailto:[email protected]] Sent: Friday, September 14, 2007 9:40 AM To: Villafana, Ann Marie C. (USAFLS) Subject: Follow up Confidential Marie - thanks very much for speaking this am. Have conferred with my client and I think we are on the same page. When you send me your draft today, would you please also include a paragraph with 403 in lieu of 1512. I want to understand better how you would characterize the 403 violation. (What was actually said?). I want to keep studying that avenue today as well. The other possible option is to charge three 1135. Also, one other idea. Can you look at 47 use 227(b), which is another 6 month statute which might work for the 6 months. We could do three of them, and they seem to fit the facts well. I will call you late this pm (if you leave me a number to reach you), and then we can plan on getting this done Monday. 9 EFTA00225923 (knell - (no subject) rell:e 1.11 Gail 5 E r; Ann Marie Villafana <[email protected]> (no subject) 2 messages Jay Lefkowitz <JLeflcowitzekirkland.com> Sun, Sep 16, 2007 at 12:25 PM To: "Marie Villafana, Ann" <[email protected]> Marie - I will call you as soon as the show ends. Jay The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to [email protected], and destroy this communication and all copies thereof, including all attachments. Ann Made Villafana <[email protected]> Sun, Sep 16, 2007 at 3:54 PM To: Jay Lefkowitz <[email protected]> Hi Jay — This can wait until after the show, but my voice is going so I thought I would type it up. I talked to Andy and he still doesn't like the factual basis. In his opinion, the plea should only address the crimes that we were addressing, and we were not investigating Mr. Epstein abusing his girlfriend. So, these are the only options that he recommended: 1. We go back to the original agreement where Mr. Epstein pleads only to state charges and serves his time in the state, except that we can agree to only 18 months imprisonment. 2. Mr. Epstein pleads guilty to the state charges and also pleads to either two obstruction counts or to one count of violating 47 USC 223(a)(1)(B), with a joint non-binding recommendation of 18 months, so that Mr. Epstein can serve his time federally. 3. (My suggestion only, not Andy's): I go back to the U S. Attorney and ask him to agree to an ABA-plea to a 371 count (conspiracy to violate 2422(b)) with a binding 20-month recommendation so that Mr. Epstein can serve all of his time in a federal facility. Or 4. Mr. Epstein pleads to one obstruction count, and serves part of his time federally and part state. On your other proposed changes, some are fine and some are problematic. Re your paragraph 2: As to timing, it is my understanding that Mr. Epstein needs to be sentenced in the state after he is sentenced in the federal case, but not that he needs to plead guilty and be sentenced after serving his federal time. Andy recommended that some of the timing issues be addressed only in the state agreement, so that it isn't obvious to the judge that we are trying to create federal jurisdiction for prison purposes. My understanding is that Mr. Epstein should sign a state plea agreement, plead guilty to the federal offenses, plead guilty to the state offenses, be sentenced on the http://mail.google.com/mail/?i k=1790ddd171&view=pt&th=1150fe32b4d1520a&search-rinbox&qt= . 9/16/2007 EFTA00225924 Umar I - (no subject) rage z of z federal offenses, and then be sentenced on the state offenses, and then start serving the federal sentence. Re your paragraph 3: As to the reservation of Mr. Epstein's right to withdraw his state plea or to appeal his state plea or sentence, that is fine, but we need the caveat that, if he were to do so, the United States could proceed on our charges. Re your paragraph 6: With respect to the waiver of the right to appeal the federal sentence, given the way we have drafted the information, it is possible that getting to the 18 month sentence will require an upward departure. The version of the agreement that you were working from is a federal non-prosecution agreement, the ones I have sent you recently are plea agreements that get filed with the court. Please see if the appeal waiver language in those versions is alright. Re your paragraph 7: M I mentioned, we will not waive the presentence investigation. I know that this will delay Mr. Epstein's sentencing by 70 days, but that will allow him to get all of his affairs in order. As to bail, it will be set at the time of arraignment, and we can work out a joint recommendation regarding the amount and its imitations. I have no objection to making a joint recommendation that Mr. Epstein remain out on bond pending his sentencing, but I'm not sure that it belongs in a plea agreement, especially since I can't bind the court on that issue. However, I can assure you, and we can put it on the record during the plea collooquy, that I will join in your recommendation that he remain out on bond pending sentencing. The same goes for the prison camp Issue. As I mentioned, I have opposed a designation only once in a very particular case. I can assure you, and we can put it on the record at the plea colloquy that I will not oppose your recommendation for Mr. Epstein's designation. Re your paragraph 8: As I mentioned over the telephone, I cannot bind the girls to the Trust Agreement, and I don't think it is appropriate that a state court would administer a trust that seeks to pay for federal civil claims. We both want to avoid unscrupulous attorneys and/or litigants from coming forward, and I know that your client wants to keep these matters outside of public court filings, but I just don't have the power to do what you ask. Here is my recommendation. During the period between Mr. Epstein's plea and sentencing, I make a motion for appointment of the Guardian M (item. The three of us sit down and discuss things, and I will facilitate as much as I can getting the girls' approval of this procedure because, as I mentioned, I think it is probably in their best interests. In terms of plea agreement language, let me suggest the following: The United States agrees to make a motion seeking the appointment of a Guardian ad Litem to represent the identified victims. Following the appointment of such Guardian, the parties agree to work together in good faith to develop a Trust Agreement, subject to the Court's approval, that would provide for any damages owed to the identified victims pursuant to 18 U.S.C. Section 2255. Then include the last two sentences of your paragraph 8. Re the two paragraphs following your paragraph 8: I will include our standard language regarding resolving al criminal liability and I will mention "co-conspirators," but I would prefer not to highlght for the judge all of the other crimes and all of the other persons that we could charge. Also, we do not have the power to bind Immigration and we make it a policy not to try to, however, I can tell you that, as far as I know, there is no plan to try to proceed on any immigration charges against either Ms. Ross or Ms. Marcinkova. Also, on the grand jury subpoenas, I can prepare letters withdrawing them as of the signing of the plea agreement, but I would prefer to take out that language. In my eyes, once we have a plea agreement, the grand jury's investigation has ended and there can be no more use of the grand jury's subpoena power. I had hoped that we were far closer to resolving this than it appears that we are. Can I suggest that tomorrow we either meet five or via teleconference, either with your dent or having him within a quick phone call, to hash out these items? I was hoping to work only a half day tomorrow to save my voice for Tuesdays hearing and grand jury, if necessary, but maybe we can set a time to meet. If you want to meet "off campus" somewhere, that is fine. I will make sure that I have all the necessary decision makers present or "on call," as well. If we can resolve some of these issues today, let's try to, and then save only the difficult issues for tomorrow. Sorry for the long e-mail, and for ruining your date with your daughter. http://mail.google.com/mailPik=1790ddd171&view=pt&th=1150fe32b4d1520a&search=inbox&qt=... 9/16/2007 EFTA00225925  Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Monday. September 17, 2007 9:43 AM To: '[email protected]'; 'Jay Lefkowitz' Cc: Gerald Lefcourt; McMillan. John (USAFLS); Atkinson. Karen (USAFLS); Laurie, Andrew (USAFLS) Subject: Hearing before Judge Marra has been taken off the calendar Roy and Jay — I received a call from Jenny, who is standing in as Judge Marra's CRD. She spoke with the judge and he agreed to take the matter off the calendar. I told Jenny that if we are able to reach a plea agreement, we will withdraw the subpoena and Mr. Black will withdraw his motion to quash. Please call if you have questions. A. Marie Villafaiia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Tracking: 18 EFTA00225926 Villafana, Ann Marie C. (USAFLS) From: Jay Lefkowitz [[email protected]] Sent: Monday, September 17, 2007 9:47 AM To: Villafana, Ann Marie C. (USAFLS); BLACK, Roy Cc: Lefcourt, Gerald (Jerry) B.; McMillan, John (USAFLS); Atkinson, Karen (USAFLS); Lourie, Andrew (USAFLS) Subject: Re: Hearing before Judge Marra has been taken off the calendar Thanks Marie. I gather you and Roy are also addressing the subpoenas as well. I will speak with you later in the day. Jay Original Message From: "Villafana, Ann Marie C. \(USAFLS\)" [[email protected]] Sent: 09/17/2007 09:42 AM AST To: <rblackasoyblack.corn>: Jay Lefkowitz Cc: "Gerald Lefcourt" <GBL(a)lefcourtlaw.com>; "McMillan, John \(11SAFLST Cohn.McMillanOusdoirzoo>. "Atkinson, Karen 1(USAFI,S1)" <Karen.Atkinson(dusdoi.gov>• "Lourie, Andrew XUSAFLS9" <Andrew.LourieOusdoi.gov> Subject: Hearing before Judge Marra has been taken off the calendar Roy and Jay — I received a call from Jenny, who is standing in as Judge Marra's CRD. She spoke with the judge and he agreed to take the matter off the calendar. I told Jenny that if we are able to reach a plea agreement, we will withdraw the subpoena and Mr. Black will withdraw his motion to quash. Please call if you have questions. A. Marie Villafaiia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 ********** ***** ************************** ****** ***FM ***** The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. 7 EFTA00225927 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Monday, September 17, 2007 11:45 AM To: 'Jay Lefkowitz' Subject: Non-Prosecution Agreements Hi Jay — To avoid you having to reinvent the wheel, here is a copy of the last version of the non-prosecution agreement in Word and WordPerfect. 070911 Epstein 070911 Epstein Ion-Prosecution..on-Prosecution.. A. Marie Villafaiia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 7 EFTA00225928 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Monday, September 17, 2007 1:09 PM To: JLefkowitz©kirkland.com Cc: Garcia, Rolando (USAFLS) Subject: My whereabouts Hi Jay — lam headed home. If a document is ready to be reviewed later today, can you send a copy to me and also to Rolando (who is stepping in for Andy). Please send to my home e-mail address — ann.marie.villafana@emaiLcom and give me a call on my cell 561 601-2301, so I can be ready for some discussions tomorrow. If anything else comes up, please don't hesitate to call. Thanks, Marie 6 EFTA00225929  Villafana, Ann Marie C. (USAFLS) From: Jay Lefkowitz ([email protected]] Sent: Monday, September 17. 2007 3:11 PM To: Villafana, Ann Marie C. (USAFLS) Cc: Garcia, Rolando (USAFLS) Subject: Re: My whereabouts Marie - do you have another obstuction proffer I can review that you have drafted? Also, if we go that route, would you intend to make the deferred proscution agreement public? Thanks - Jay Original Message From: "Villafana, Ann Marie C. \(USAFLS\)" ([email protected] Sent: 09/17/2007 01:08 PM AST To: Jay Lefkowitz Cc: "Garcia, Rolando \(USAFLS\)" <[email protected]> Subject: My whereabouts Hi Jay — I am headed home. If a document is ready to be reviewed later today, can you send a copy to me and also to Rolando (who is stepping in for Andy). Please send to my home e-mail address — [email protected], and give me a call on my cell 561 601-2301, so I can be ready for some discussions tomorrow. If anything else comes up, please don't hesitate to call. Thanks, Marie ********* ******* ******************************************* The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmastera,kirkland.com, and destroy this communication and all copies thereof, including all attachments. *********************************************************** 5 EFTA00225930 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Tuesday, September 18, 2007 8:44 AM To: 'Jay Lefkowitz' Subject: Draft Agreements? Hi Jay - I was hoping there would be things for me to read this morning, but I will try to remain patient. I believe there are only two types of agreements that would apply to this case: (1) a plea agreement to a federal charge or charges; and (2) a non-prosecution agreement (which is really a deferred prosecution agreement because the defendant agrees that if he violates the agreement, the U.S. can prosecute him). A plea agreement is part of the court file. It is not accessible on-line via PACER, but someone can go to the Clerk's Office to obtain a copy. A non-prosecution agreement would not be made public or filed with the Court, but it would remain part of our case file. It probably would be subject to a FOIA request, but it is not something that we would distribute without compulsory process. On the obstruction charges, many of the facts 1 included in that first proffer were hypothesized based upon our discussions and the agents' observations of Ms. Groff. We will need to interview her to confirm the accuracy of those fact second count, we could rely on the incident where Mr. Epstein's private investigators followed father, forcing him off the road. Or, if there is something more recent related to any grand jury subpoenas, we could consider that. Hope that helps. A. Marie Villajaiia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 5 EFTA00225931 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Tuesday, September 18, 2007 9:13 AM To: 'Jay LefkowitY Subject: RE: Draft Agreements? Iii Jay -- I know that the U.S. Attorney will not go below 18 months of time (and I would strongly oppose the suggestion). A. Marie Villafaiia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Jay Lefkowitz [mailto:[email protected] Sent: Tuesday, September 18, 2007 8:59 AM To: Villafana, Ann Marie C. (USAFLS) Subject: Re: Draft Agreements? an alternative to what we discussed just now might be to plead to one count of 1512, serve 12 months plus supervised release which would be one year of home detention (if we can make that work), followed by two years of probation in the state on the state charges with the first 6 months being community control. Ilafana. Ann Marla C. VUSAFLS1)" To "Jay talkowitz'<JLetkowitailkickland com> <Ann.Marte.C.Vallafanabusdol.gov, cc Subject Draft Agreements? 09/18/2007 08:44 AM Hi Jay I was hoping there would be things for me to read this morning, but I will try to remain patient. I believe there are only two types of agreements that would apply to this case: (1) a plea agreement to a federal charge or charges; and (2) a non-prosecution agreement (which is really a deferred prosecution agreement because the defendant agrees that if he violates the agreement, the U.S. can prosecute him). A plea agreement is part of the court file. It is not accessible on-line via PACER, but someone can go to the Clerk's Office to obtain a copy. A non-prosecution agreement would not be made public or filed with the Court, but it would remain part of our case file. It probably would be subject to a FOIA request, but it is not something that we would distribute without compulsory process. On the obstruction charges, many of the facts I included in that first proffer were hypothesized based upon our discussions and the agents' observations of Ms. Groff. We will need to interview her to confirm the accuracy of those facts. On a second count, we could rely on the incident where Mr. Epstein's private investigators 3 EFTA00225932 followed father, forcing him off the road. Or, if there is something more recent related to any grand jury subpoenas, we could consider that. Hope that helps. A. Marie Villafaiia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 4 EFTA00225933 Villafana, Ann Marie C. (USAFLS) From: Jay Lefkowitz ([email protected]) Sent: Tuesday, September 18, 2007 8:59 AM To: Villafana, Ann Marie C. (USAFLS) Subject: Re: Draft Agreements? an alternative to what we discussed just now might be to plead to one count of 1512, serve 12 months plus supervised release which would be one year of home detention (if we can make that work), followed by two years of probation in the state on the state charges with the first 6 months being community control. "VIgalena, Ann Marie C. VUSAFLST To 'Jay Leibowitz' 4JLefkowitzetkirkland.com> <Ann.Marie.C.VMafanaCusdoj.gov> cc Subject Draft Agreements? 09/18/2007 08:44 AM Hi Jay - I was hoping there would be things for me to read this morning, but I will try to remain patient. I believe there are only two types of agreements that would apply to this case: (1) a plea agreement to a federal charge or charges; and (2) a non-prosecution agreement (which is really a deferred prosecution agreement because the defendant agrees that if he violates the agreement, the U.S. can prosecute him). A plea agreement is part of the court file. It is not accessible on-line via PACER, but someone can go to the Clerk's Office to obtain a copy. A non-prosecution agreement would not be made public or filed with the Court, but it would remain part of our case file. It probably would be subject to a FOR request, but it is not something that we would distribute without compulsory process. On the obstruction charges, many of the facts I included in that first proffer were hypothesized based upon our discussions and the agents' observations of Ms. Groff. We will need to interview her to confirm the accuracy of those factSi second count, we could rely on the incident where Mr. Epstein's private investigators followed father, forcing him off the road. Or, if there is something more recent related to any grand jury subpoenas, we could consider that. Hope that helps. A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 3 EFTA00225934  Villafana, Ann Marie C. (USAFLS) From: Jay Lefkowitz [email protected]) Sent: Tuesday, September 18, 2007 9:18 AM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Draft Agreements? i hear you, and understand your position. But it's really only a 90 day difference, if he gets gain time. That said, let me know if you think your suggestion can work. I will study it too. - 1.11tatana, Ann Marie C. (USAELS1)" To 'Jay Lefkowite <J1efkoeritzakirkland.cem> cmn.Marle.C.VIllafana(guseoj.goe> cc Subject RE: Draft Agreements? 09/18/2007 09:14 AM Hi Jay — I know that the U.S. Attorney will not go below 18 months of prison/jail time (and I would strongly oppose the suggestion). • A. Marie Villafalia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Jay Lefkowitz [mailto:[email protected]] Sent: Tuesday, September 18, 2007 8:59 AM To: Villafana, Ann Marie C. (USAFLS) Subject: Re: Draft Agreements? an alternative to what we discussed just now might be to plead to one count of 1512, serve 12 months plus supervised release which would be one year of home detention (if we can make that work), followed by two years of probation in the state on the state charges with the first 6 months being community control. "Velalana, Ann Marie C. 1(USAFIST <Ann.Marle.C.VIllafanaeusdoj.gove To 'Jay LetkovAte <Jlelkowitzakirkiand.come 09/18/2007 08:44 AM cc Subject Draft Agreements? EFTA00225935 Hi Jay — I was hoping there would be things for me to read this morning, but I will try to remain patient. I believe there are only two types of agreements that would apply to this case: (1) a plea agreement to a federal charge or charges; and (2) a non-prosecution agreement (which is really a deferred prosecution agreement because the defendant agrees that if he violates the agreement, the U.S. can prosecute him). A plea agreement is part of the court file. It is not accessible on-line via PACER, but someone can go to the Clerk's Office to obtain a copy. A non-prosecution agreement would not be made public or filed with the Court, but it would remain part of our case file. It probably would be subject to a FOIA request, but it is not something that we would distribute without compulsory process. On the obstruction charges, many of the facts I included in that first proffer were hypothesized based upon our discussions and the agents' observations ofMs. Groff. We will need to interview her to confirm the accuracy of those fact second count, we could rely on the incident where Mr. Epstein's private investigators followed father, forcing him off the road. Or, if there is something more recent related to any grand jury subpoenas, we could consider that. Hope that helps. A. Marie Villafaria Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 2 EFTA00225936 Gmail - Fwd: Draft Agreement Page 1 of 2 maIi Ann Marie Villafana Fwd: Draft Agreement 1 message Ann Marie Villafana Thu, Dec 27, 2007 at 10:09 PM To: "Ann Marie C. (USAFLS) Villafana" <[email protected]> Begin forwarded message: From: Ami Sheth <ASheth@kirklanctcom> Date: September 23, 2007 1:56:03 PM EDT To: ", "Villatana,_Ann Made C._V'jAnn.Marie.C.VMatanaVkirkland.com, *(§usdoj.gov) (USAFLS), S kirkland.corn Cc: Jay Letkowitz <[email protected]> Subject: Draft Agreement Marie - Jay is having some computer trouble and asked me to send this e-mail to you. Attached is a draft for discussion purposes at your convenience for some timethis--- afternoon. It does not include Term 1 of the agreement, but it reflects all the issues we would like to discuss with you. Please let Jay know when you are available to speak. Thank you. Sincerely, Ami Ami H. Sheth* j Kirkland & Ellis LLP Citigroup Center I 153 E Street I New York, NY 10022 Direct I 212-446-6460 Fax r and.com *Admission Pending in New York Ikt.******************************w************************* The information contained in this communication is confidential, may be attorney-client privileged, may EFTA00225937 Gmail - Fwd: Draft Agreement Page 2 of 2 • constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to [email protected], and destroy this communication and all copies thereof, including all attachments. ****************************** *** t *** ********************** 20070923 Draft of Epstein Non-Prosecution Agreement (without Term 1) (Redlined).doc 44K EFTA00225938 IN RE: INVESTIGATION OF JEFFREY EPSTEIN NON-PROSECUTION AGREEMENT IT APPEARING that the City of Palm Beach Police Department and the State Attorney's Office for the 15th Judicial Circuit in and for Palm Beach County (hereinafter, the "State Attorney's Office") have conducted an investigation into the conduct of Jeffrey Epstein (hereinafter "Epstein"); 11' APPEARING that the State Attorney's Office has charged Epstein with three-one counts of solicitation of prostitution, in violation of Florida Statutes Section 796.07; IT APPEARING that the United States Attorney's Office and the Federal Bureau of Investigation have conducted their own investigation of the-certain offenses and Epstein's background, including; IT-APPEARING that-Jeffrey Epstein-ffiereiftafter-"Epsteirrl-has-emmititted-offenses • against the-Goted-States-frens-iwerOF011M- 2&14 through-in or around October-2005rinelodingt knowingly and willfully conspiring with others known and unknown to commit an offense against the United States, that is, to use a facility or means of interstate or foreign commute to knowingly persuade, induce, or entice minor females to engage in prostitution, in violation of Title 18, United Slates Code, Section 242200; all in violation of Title 18; United States Code,-Section 371; (2) knowingly and willfully conspiring with others known and unknown to travel in interstate commerce for the purpose of engaging in illicit sexual conduct, as defined in 18 U.S.C. § 2423(f), with minor females, in violation of Title 18, United States Code, Section 2423(b); all in violation of Title 18, United States Code, Section 2423(e); (3) using a facility• or means of interstate or foreign commerce to knowingly persuade, induce, or entice minor females to engage in prostitution; in violation of Title 18, United States Code, Sections 2422(6) and 2; (4) traveling in interstate commerce for the purpose of engaging in illicit 'sexual conduct, as defined in 18 U.S.C. § 2423(f), with minor females; in violation of Title 18, United States Code, Section 2423(6); and Page I of 6 EFTA00225939  (5) knowingly, in and affecting interstate and foreign commerce, recruiting, enticing. and obtaining by any means a person, knowing that the person had not attained thc age of 18 years and would be caused to engage in a commercial sex act as defined in IS U.S.C. § 1591(c)(1); in violation of Title 18, United States Code, Sections I 591(a)(1) and 2; and IT APPEARING-that-Epstein has accepted remmesibility-feeltis beheviorthythimsignatere opthisAgreernentrend IT APPEARING, after an investigation of the offenses and Epstein's background, that the interest of the United States pursuant to the Petite policy will be served by the following procedure; THEREFORE, on the authonty of It Alexander Acosta, United States Attorney for the Southern District of Florida, prosecution in this District for these offenses shall be deferred in favor of prosecution by the State of Florida, provided that Epstein abides by the following conditions and the requirements of this Agreement set forth below. If the United States Attorney should determine based onieliable evidence that Epstein has violated any of the conditions of this Agreement, then the United States Attorney may at-fey time-initiate prosecution against Epstein for any offense listed above for the duration of this Agreement. In this case, the United States Attorney will furnish Epstein with notice specifying the condition(s) of the Agreement that he has violated. After timely fulfilling all the terms and conditions of the Agreement, no prosecution for the offenses set out on pages I and 2 of this Agreement, nor any other offenses that have been the subject of the joint investigation by the Federal Bureau of Investigation and the United States Attorney's Office nor any offenses that were being investigatedk the federal Grand Jury will be instituted in this District, and the charges against-Epstein if any,-will be dismissed. • Perms of the Agreement: 2. Epstein and the State Attorney's Office shall make a joint, binding recommendation that the Court impose a thirty (30) month sentence to be divided as follows: (a) Epstein shall begin by serving et—least eighteen (18) months in county jail for all charges, without any opportunity for withholding adjudication or sentencing, and without probation or community . control in lieu of imprisonment; and (b) following the term of imprisonment, Epstein shall serve twelve (12) months of community control. Page 2 of 6 EFTA00225940 3. Epstein shall waive all challenges to the Information filed by the State Attorney's Office and shall waive the right to appeal his conviction and sentence. 4. Epstein shall provide to the U.S. Attorney's Office copies of all proposed agreements with the State Attorney's Office prior to entering into those agreements. 5. After Epstein jias signed this agreement and has been sentencednIthc United States shall provide Epstein's attorneys with a list of individuals created on JINSERT DATE' whom it has identified as-and who have a SlasitSthigi0n alloktriOrida Statutes Se ti sentenced. Upon the execution of this agreement, the United—Stews District Attorney of Paim_Seach will file a motion with the United-States Distpiet-Gead-fer-the-Seuthern-District-of Florida State Court in Palm Peach County for the appointment of a guardian ad litem for these persons. Epstein's counsel may contact the identified individuals through that guardian. 6. If any of the individuals referred to in paragraph (5), supra, elect to file suit pursuant to Florida Statutes Section 796.09. in any such suit by any such individual(s)111 U.S.C. f 2255, Epstein will not contest the jurisdiction of the United,States-Distriet-Court-for-the-Seuthem-Disbiet-or Florida State Court over his person and/or the subject matter, and Epstein will agree (without admitting liability, whether under such statute or otherwise) to settle such suit by paving each such individual's reasonable attorneys- fees - and- court- costs. -plus aggregate • damages.- including punitive in an amount of S50 000.00 excludina reasonable attorneys fees and court costs. waives his-right-tocomest-liabilitynndelca-weives-hiaright-toeentest dantages-up te-aa-arneam-as-agreed-to--between-the-identified-vietim-and-Epstein Neither Epstein's signature on this agreement, nor any such waiver provided herepulgr any_ ert require, or is to be construed as, an admission, or as any evidence whatsoever, of civil or criminal liability, whether under federal law or state law. as to any person. includina but not limited to. an individual whose game appears on the list provided by the Unftecl_atelea,E.Pelarnis-sittnatnie agreement-is-net-to-be-sonsmied as aft-admission -of-eivii-or erigninal-liability-as4O-any-persen-whebe narnedoes-not-appeaon-the-list provided-by--the-United-States-r-As-to--those-individuals-whose-nentes appear-on-the-list-provided-by-the-Lnited-States, Epst.iles-signatuie-en this-agreement-fikewise-is-riet-te-be-eonstrued-rts an-adrnissiort-of-ari l Page 3 of 6 EFTA00225941  liebility-other-thon-thateentained-in18-U4R4-22-55, ffilatie, we would like to address the restitution issue with you over the phone] 7. Epstein shall enter his guilty plea and be sentenced not later than October 4921, 2007, and shall self-report to begin saving his sentence not later than December 10, 2007. 8. With-eredit-for-goie-tinsee-Epstein-shall-servea-least -450-days-M-the Learnt) .;ail.thistein will not be afforded any benefits with respect to gain time. other than the rights, opportunities and benefits as any other inmate including but not limited to, eligibility for gain time credit based nn standard rules and regulations that aptly in the state Epstein understands that the United States Attorney has no authority to require the State Attorney's Office to abide by any terms of this agreement Epstein understands that it is his obligation to undertake discussion with the State Attorney's Office to ensure compliance with these procedures, which compliance will be nereaary to satisfy the United States' interest, pursuant to the Petite policy. In consideration of Epstein's agreement to plead guilty and to provide compensation in the manner described abovae—vietims, if Epstein successfully fulfills all of the terms and conditions of this agreement, the United States also agrees that it will not institute any en ihass ogiso ' an tential co-conspirators of Epstein, including_but not limited to Lesley Groff, or Nadia Marcinkdva. Further, upon execution o is agreemen an a plea agreement with the State Attorneys Office, the federal Grand Jury investigation will be suspended, and-all pending federal Grand Jury subpoenas will be held in abeyance and no new subpoenas will be issued unless and until the defendant violates any term of this agreement_Upon completion of The AR:canal, the subpoenas reference above will be withdrawn-with-prejudice and not-reissued. --The defendant likewise-agrees to withdraw his pending motion to intervene and to quash certain grand jury subpoenas. Both parties agree to maintain their evidence, including certain computer equipment, inviolate until all of the terms of this agreement have been satisfied. By signing this agreement, Epstein asserts and certifies that each of these terms is material to this agreement and is supported by independent consideration and that a breach.of any one of these conditions allows the United States to elect to terminate the agreanat and to investigate and prosecute Epstein and any other individual or entity for any and all federal offenses. By signing this agreement, Epstein asters and certifies that he is wan of the fact that the Sixth Amendment to the Constitution of the United States provides that in all criminal prosecutions the accused shall enjoy the right to a speedy and public trial. Epstein further is aware that Rule 48(b) of the Federal Rules of Criminal Procedure provides that the Court may dismiss an indictment, information, or complaint for unnecessary delay in presenting a charge to Page 4 of 6 EFTA00225942 the Grand Jury, filing an information, or in bringing a defendant to trial. Epstein hereby requests that the United States Attorney for the Southern District of Florida defer such prosecution. Epstein agrees and consents that any delay from the date of this Agreement to the date of initiation of prosecution, as provided for in the terms expressed herein, shall be deemed to be a necessary delay at his own request, and he hereby waives any defense to such prosecution on the ground that such delay operated to deny him fights under Rule 48(b) of the Federal Rules of Criminal Procedure and the Sixth Amendment to the Constitution of the United States to a speedy trial or to bar the prosecution by reason of the running of the statute of limitatioris for a `: period of months equal to the period between the signing of this agreement and the breach of this . agreanent for the offenses listed on DUGS I and 2infra. Epstein further asserts and certifies that 1...4Faciattold he understands that the Fifth Amendment and Rule 7(a) of the Federal Rules of Criminal Procedure provide that all felonies must be charged in an indictment presented to a grand jury. Epstein hereby agrees and consents that, if a prosecution against him is instituted for