EFTA00296496.pdf

Pi EFTA00296496  SiIS 11121/2007 02:48 PM cc bcc Subject Re: Eaatit::a • ..-4-T2f"4,a'44v Sure Sent from my BlackBerry Wireless Handheld Original Message From: Jay Lefkowitz 41=IMMIMMII> To: Sloman, Jeff (USAFLS) Sent: Wed Nov 21 14:47:24 2007 The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International . LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmasterekirkland.com, and destroy this Communication and all copies thereof, including all attachments. * * * * EFTA00296497 OM EFTA00296498  Jay Lelkow*PJNew To "Sloman,Jeff(USAFLS)" eMla York/Keldand-ERs cc 11261200712:14 PM bcc Subject Reg) "Sloman, Jeff(USAFLS)" "Sloman, Jeff To usdoj.gov> cc 11/21/2007 Subject Re: 02:48 PM Sure Sent from my BlackBerry Wireless Handheld Original Message From: Jay Lefkowitz <Ma To: Sloman, Jeff (USAFLS) Sent: Wed Nov 21 14:47:24 2007 The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited EFTA00296499 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. EFTA00296500  I ini .— EFTA00296501  To 'Jay Letkowltf MSS 11/2712007 01:55 PM cc "Acosta. Alex (USAFLS)" - bcc Subject Epstein Jay, Please accept my apologies for not getting back to you sooner but I was a little under the weather yesterday. I hope that you enjoyed your Thanksgiving. Regarding the issue of due diligence concerning Judge Davis' selection, I'd like to make a few observations. First, Guy Lewis has known for some time that Judge Davis was making reasonable efforts to 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 2i n, 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 needs to be done. The United States has a statutory obligation (Justice for All Act of 2004) to notify the victims of the anticipated upcoming events and their rights associated with the agreement entered into by the United States and Mr. Epstein in a timely fashion. Tomorrow will make one full week since you were formally notified of the selection. I must insist that the vetting process come to an end. Therefore, unless you provide me with a goodfaith 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 29th. Thanks, Jeff EFTA00296502 EFTA00296503  To cc - Oosterbaan. Andreve MEM. 02/25/2008 07:43 PM 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 314 reasonable to keep the current March 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 3d), 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 EFTA00296504 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. Jeffrey H. Sloman First Assistant U.S. Attorney Southern District of Florida EFTA00296505 a EFTA00296506  ami liiiiLS "SlornanJef US " To cc 73oMertman, n e 02/27/2008 09:45 PM bcc Subject FwcEpMein Sent from my BlackBerry Wireless Handheld Original Message From: Jeffrey Sloman To: Sloman, Jeff (USAFLS) Sent: Wed Feb 27 21:37:02 2008 Subject: Epstein Jay, You have renewed your request for certain information which this Office does not generally make available in similar pre-indictment situations. After carefully considering your request, I have decided, in my capacity as the First Assistant 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 Professor Alan Dershowitz, Lily Ann Sanchez, and Guy Lewis. That being said, the Southern District of Florida will only renew the offer to extend the current deadline if you and the CEOS Section Chief mutually agree on a timetable by close of business on Friday, February 29, 2008 to meet and complete presentations no later than March 19, 2008. Given that CEOS is ready to proceed EFTA00296507 immediately, this seems like more than ample time. As I indicated•in my previous email, if CEOS subsequently decides that a federal prosecution should not be undertaken against Mr. Epstein, this Office will close its investigation. However, should CEOS disagree with Mr. Epstein's position, Mr. Epstein shall have one week to abide by the terms and conditions of the September 24, 2007 Agreement as amended by letter from United States Attorney Acosta. Jeffrey H. Sloman First Asst. US Attorney Southern District of Florida EFTA00296508 n EFTA00296509  To cc 02/29/2008 07:17 PM bcc Subject Epstein Jay, 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 276, it seemed to me that nothing had much changed. Your email stated " because I am currently scheduled to be on trial all next week in Delaware, I don't think we will actually be able to begin meeting with Drew until the following week, at the earliest." I felt that no effort was being made towards scheduling, and that, at the very least, one of Mr. Epstein 's other lawyers could have attempted to schedule a meeting with CEOS. To put it another way, it appeared to me that this matter was going to drag unnecessarily. Obviously you sensed my frustration in my responding email which, in turn, generated your email to the USA. Late this afternoon, I was informed that you have scheduled a meeting with CEOS for March le. 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. EFTA00296510 Jeff Sloman, FAUSA EFTA00296511 EFTA00296512  (USAFIS)' To 'Jay Letkowitt linil l@tisdotgon 03/05/2008 09:09 AM cc bcc Subject RE: Epstein Jay, I have again carefully considered your request and have decided not to make an exception here. Jeff Sloman, FAUSA From: Jay Lefkowilz [[email protected]] Sent Tuesday, March 04, 2008 4:35 PM To: Sloman, Jeff (IZAELS) Subject: Re: Epstein Jeff, — Original Message — From: "Sloman, Jeff (USAFLS)" Sent: 02/29/2008 07:17 PM EST To: Jay Leflcowitz EFTA00296513 Subject: Epstein Jay, I know you emailed the U.S. Attorney but I feel compelled to respond. In my Monday, February 25th email, I tried to express my concern, on behalf of the SDFL, about additional delays concerning this matter and the desire to expedite review without interfering or restricting the process. When you replied on Wednesday , February 27th, it seemed to me that nothing had much changed. Your email stated "because I am currently scheduled to be on trial all next week in Delaware, I don't think we will actually be able to begin meeting with Drew until the following week, at the earliest." I felt that no effort was being made towards scheduling, and that, at the very least, one of Mr. Epstein's other lawyers could have attempted to schedule a meeting with CEOS. To put it another way, it appeared to me that this matter was going to drag unnecessarily. Obviously you sensed my frustration in my responding email which, in turn, generated your email to the USA. Late this afternoon, I was informed that you have scheduled a meeting with CEOS for March 12th. Obviously, I am heartened to hear of this development. Please be assured that it is not, and never has been, this Office's intent to interfere with or restrict the review process for either Mr. Epstein or CEOS. I leave it to you and CEOS to figure out how best to proceed and will await the results of that process. Jeff Sloman, FAUSA EFTA00296514 The information contained in this common= ication is confidential, may be attorney-client privileged, may in constitute inside information, and is intended only for the use of- the addressee. It is the property of Kirkland & Ellis LLP or Kirkla= nd & Ellis International LLP. Unauthorized use, disclosure or copying= of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in - error, please notify us immediately by return e-mail or by e-mail to - [email protected], and destroy this communication and all copie s thereof, including all attachments. ***4 , ******* **Iric**********= EFTA00296515 I. EFTA00296516 VILLAFANA VI ' I r- A iv EFTA00296517  "Villatana, Ann Marie C. To cc tourie, Andrew MUSAFIST <Ma j.gov> bee 09112/2007 03:44 PM subject Jeffrey Epstein r Thicroossaffe has both rg'pliodt, • V ..t. Jay — It was nice seeing you again. Andy and I talked with Alex and Jeff. We are all satisfied in principle with the agreement, but the Office is uncomfortable with the recommended federal charge. Specifically, we are concerned about the effect of taking the position that Mr. Epstein's house is in the special maritime and territorial jurisdiction of the United States, and we have no evidence of any assaults occurring either on Mr. Epstein's plane or offshore from his residence. We are hoping that you can find an alternative federal statute that can be used. I also will wait to hear from Jack Goldberger to discuss logistics. Thank you. A. Marie Villafatia Assistant U.S. Attorney Ms. MI IN West Palm Beach, FL Phone Fax EFTA00296518  4 a EFTA00296519  nashma,AmMarleC. To *Jay Letkowite 41.... cc lew> bcc 09/13/2007 07:27 PM Subject RE: some Hi Jay -- Yes, I am. I have been spending with Title 18 looki ng for misde meanors. quality time 403, 18 USC Do you want to take a look at 18 USC about )(1)( B) and we can talk 1512(d), and 47 USC 223(a row? I know that someo ne menti oned there them tomor want to make being activity on an airplane, I just is factu al basis for the plea that the sure that there agents can confirm. tomorrow morning, I'm not sure exactly where I will be so is it alright if I call you? Have a good evening. A. Marie Villafafia tant U.S. Attorney Assis. MI S West Palm Beach, FL Phone Fax Original Message From: Jay Lefkowitz (mailto: PM Sent: Thursday, September 13, 2007 7:21 To: Villafana, Ann Marie C. (USAF LS) Subject: ass ******* ********* ******** ****************************** nication is The information contained in this commu denti al, may be attor ney-c lient privileged, may confi ded only constitute inside information, and is inten for rty of the use of the addressee. It is the prope national or Kirkl and & Ellis Inter Kirkland & Ellis LLP LLP. of this Unauthorized use, disclosure or copying or any part there of is stric tly communication prohibited ved this and may be unlawful. If you have recei nicat ion in error , pleas e notif y us immediately commu by land.com, return e-mail or by e-mail to postmaster@kirk and EFTA00296520 destroy this communication and all copies thereof, including all attachments. EFTA00296521 1% EFTA00296522  "VIParana, Ann T "Jay Lefkowitz" Marie C. cc bcc 0911412007 09:55 Subject Plea documents AM Hi Jay I'm not sure which of those e-mail addresses is correct. Here are drafts of the plea agreement and information. They have not yet been blessed by Miami, but they have approved of prior similar drafts, t o 's needed. My home e-mail is so can get me over the weekend on my cell phone at <<Intormation charging 1512 and 113.pdf5.> <<OLY Plea Agreement v4 1512 and 113 violations.pdf>> Regards, Marie A. Marie Villafarsa Assistant U.S. Attorney Ms 1E, West Palm Beach, FL Phone Fax LA Information charging 1512 and 113.pdf OLY Plea Agreement v4 1512 and 113 vblations.pdf EFTA00296523  UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 18 U.S.C. § 1512(d)(2) 18 U.S.C. § 113(aX5) UNITED STATES OF AMERICA vs. JEFFREY EPSTEIN, R Defendant. ADRIY IATIO N The United States Attorney charges that: COUNT 1 In or around October 2005, in Palm Beach County, in the Southern District of Florida, and elsewhere, the defendant, JEFFREY EPSTEIN, F did intentionally harass another person, that is, Jane Doe #1, in an attempt to delay, prevent, and dissuade Jane Doe #1 from reporting to a law enforcement officer of the United States the commission of a federal offense; in violation of Tide 18, United State T ode, Sections 1512(d)(2) and 2. jj COUNT 2 In or around 2005, in the special territorial jurisdiction of the United States, that is, in an aircraft owned by a United States citizen while in flight over the high seas, and elsewhere, EFTA00296524 the defendant, JEFFREY EPSTEIN, did Imo ly commit a simple assault on a person who was over the age of 16 years, that is,...; in violat Title 18, United States Code, Section 113(a)(5). R. ALEXANDER AC UNITED STATES ATTORNEY A. MARIE VILLAFAPA ASSISTANT UNITED STATES All F 2 EFTA00296525  UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. UNITE ATES OF AMERICA vs. JEFFREY EPSTEIN, Defendant. R, PLEA AGREEMENT The United States Attorney for the Southern District of Florida ("the United States"), and Jeffrey Epstein (hereinafter referred to as th `defendant") enter into the following agreement: 1. The defendant agrees to plead guilty to the Information which charges the defendant as follows: Count 1 charges that the defendant intentionally harassed another person, that is, Jane Doe #1, in an attempt to delay, prevent, and dissuade JaF oe #1 from reporting to a law enforcement officer of the United States the commission of a federal offense; in violation of Title 18, United States Code, Sections 1512(dX2) and 2; and Count 2 charges that the defendant, while in an airplane over the high seas, did knowingly commit a simple assault on a person who was over the age of 16 years, that is,..; in violation of Title 18, United States Code, Setif' 1 13(a)(5). 2. The defendant is aware that the sentence will be imposed by the Court after considering the Federal Sentencing Guidelines and Policy Statements (hereinafter Page 1 of 7 EFTA00296526  "Sentencing Guidelines"). The defendant acknowledges and understands that the Court will compute an advisory sentence under the Sentencing Guidelines and that the applicable guideli ill be determined by the Court relying in part on the results of a Pre-Sentence Investi by the Court's probation office, which investigation will commence after the guilty plea has been entered. The defendant is also aware that, under certain circumstances, the Court may depart from the advisory sentencing guideline range that it has computed, and may raise or lower that advisory se e under the Sentencing Guidelines. The defendant is further aware and understands that the Court is required to consider the advisory guideline range determined under the Sentencing Guidelines, but is not bound to impose that sentence; the Court is permitted to tailor the ultimate sentence in light of other statutory concerns, and r such sentence may be either more severe or Iesse re than the Sentencing Guidelines' advisory sentence. Knowing these facts, the defendant understands and acknowledges that the Court has the authority to impose any sentence within and up to the statutory maximum authorized by law for the offenses identified in paragraph 1 ands the defendant may not withdraw the plea solely as a result of the sentence imposed. 3. The defendant further understands and acknowledges that, as to Count 1 of the Information, the Court may impose a statutory maximum term of imprisonment of up to one (1) year, to be followed by a term of supervised release of up to a maximum oFire (1) year. In addition to terms of imprisonment and supervised release, the Court may impose a fine of up to $100,000. The defendant further understands and acknowledges that, as to Count 2 of the Information, the Court may impose a statutory maximum term of imprisonment of up to Page 2 of 7 EFTA00296527 six (6) months, to be followed by a term of supervised release of up to a maximum of one (1) year. In addition to terms of imprisonment and supervised release, the Court may impose a fine of $100,000. 41—) The defendant further understands and acknowledges that, in addition to any sentence imposed under paragraph 3 of this Agreement, a special assessment in the amount of $50 will be imposed on the defendant, which must be paid at or before the time of sentencing. 5. R The defendant understands that the Court will order that he must pay full restitution to all victims of the offense to which he is pleading guilty. The defendant understands that the amount of restitution owed to each victim will be determined at or before sentencing. A 6. The parties agree to jointly recommend that the defendant receive a sentence of eighteen (18) months' imprisonment, to be followed by two (2) years of supervised release; and a fine of $200,000. 7. The defendant agrees that, if any ofthe victims identitd in the federal investigation file suit pursuant to 18 U.S.C. § 2255, the defendant will not contest the jurisdiction of the U.S. District Court for the Southern District of Florida over his person and/or the subject matter, and the persons who, while mino , defendant will not contest that the identified victims are persons e victims of violations of Title 18, United States Code, Sections(s) 2422 and/or 2423. The *ted States agrees to provide the defendant's attorneys with a list of the identified victims, which will not exceed forty, after the defendant has signed this agreement and has been sentenced. The United Page 3 of 7 EFTA00296528 States further agrees to make a motion with the United States District Court for the Southern District of Florida for the appointment of a guardian ad litem for the identified victims and the defendant's counselD contact the identified victims through that guardian. The defendant agrees to plead guilty (not nob contendere) to an Information filed by the Palm Beach County State Attorney's Office charging an offense forwhich the defendant must register as a sex offender, that is, solicitation of minors to engage in prostitution, in violation of Fl. Stat. 796.03. The defendant agrees tha d the Palm Beach County State Attorney's Office will make a joint, binding recommendati the Court impose a sentence of at least thirty (30) months, to be divided as follows: (a) the defendant shall begin by serving at least twenty (20) months in prison, without any opportunity for wi olding adjudication or sentencing, and without probation or commun of in lieu of imprisonment; and (b) following the term of imprisonment, the defendant shall serve ten (10) months of community control/home confinement with electronic monitoring. 9. The defendant agrees to waive all challenges to the Ij bfinaliation filed by the State Attorney's Office and to waive the right to appeal his conviction an ntence in the state court. 10. The defendant agrees that he will provide to the U.S. Attorney's Office copies of all proposed agreements with the Palm Beach County State Attorney's Office prior to entering into those agreements. 11. The United States reserves the right to inform the Court and probation office of all facts pertinent to the sentencing process, including all relevant information concerning the offenses committed, whether charged or not, as well as concerning the Page 4 of 7 EFTA00296529 defendant and the defendant's background, and to respond to any questions from the Court and the Probation Office and to any misstatements of fact or law. Subject only to the express terms agreed-upon sentencing recommendations contained in this Agreement, this Office r reserves the right to make any recommendation as to the quality and quantity of punishment. 12. The defendant is aware that the sentence has not yet been determined by the Court. The defendant also is awar R t any estimate of the probable sentencing range or sentence that the defendant may receive, whether that estimate comes from the defendant's attorney, the government, or the probation office, is a prediction, not a promise, and is not binding on the government, the probation office or the Court. The defendant understands further that any recommendation that the govemn makes to the Court as to sentencing, whether pursuant to this agreement or otherwise, is not binding on the Court and the Court may disregard the recommendation in its entirety. The defendant understands and acknowledges, as previously acknowledged in paragraph 2 abov t the defendant may not withdraw his plea based upon the Court's decision no accept a sentencing recommendation made by the defendant, the government, or a recommendation made jointly by both the defendant and the government. 13. WAIVER OF RIGHT TO APPEAL AND COLLATERALLc ATTACK THE SENTENCE. The defendant is aware that Title 18, United States Code, Section 3742 affords the defendant the right to appeal the sentence imposed in this case. Acknowledging this, in exchange for the undertakings made by the United States in this plea agreement, the Page 5 of 7 EFTA00296530 defendant hereby waives all rights conferred by Section 3742 to appeal any sentence impos an up xi imposed, including any restitution order, or to appeal the manner in which the sentence was ess the sentence exceeds the maximum permitted by statute or is the result of eparture or upward variance from the guideline range that the Court establishes at sentencing. The defendant further voluntarily and expressly waives, to the maximum extent permitted by federal law, the right to collaterally attack his sentence in any post- conviction proceeding, including a on on any ground brought under 28 U.S.C. § 2254, 28 U.S.C. § 2255, 18 U.S.C. § 3572, or 18 U.S.C. § 3771. The defendant further understands that nothing in this agreement shall affect the government's right and/or duty to appeal as set forth in Title 18, United States Code, Section 3742(b). However, if the United States appeals the defendant's sentence pursuant to Section 374 the defendant shall be released from the above waiver of appellate rights. By signing this agreement, the defendant acknowledges 14. r that he has discussed the appeal waiver set forth in this agreement with his attorney. If the defendant fails in any way to fulfill each on Plea Agreement, the United States, and only the United States, 's obligations under this elect to be released from its commitments under this Plea Agreement. If the United States elects to void the Plea Agreement because of a breach by the defendant, then the United States agrees not to use the defendant's guilty plea against him. However, the United States may prosecute tl defendant for any and all Federal crimes that he has committed related to this case and may seek any sentence for such crimes up to and including the statutory maximums. The defendant expressly waives any statute of limitations defense and any constitutional or statutory speedy Page 6 of 7 EFTA00296531 trial defense to such a prosecution, except to the extent that such a defense exists as of the date he signs this Plea Agreement. Finally, the defendant understands that his violation of the tep this Plea Agreement would not entitle him to withdraw his guilty plea. . This is the entire agreement and understanding between the United States and the defendant. There are no other agreements, promises, tepiesentations, or understandings. Date: R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Date: By: Date: JAY LEFKOWITZ, ESQ. ATTORNEY FOR D NDANT Page 7 of 7 EFTA00296532 ). . . EFTA00296533  "Villafana, Ann Marie C. To -JoyLoMmaic cc j.gov> bcc aW14C07097AM Subject RE:Foam/up at. " sa rAg` oar: 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 Villafana Assistant U.S. At me MI. West Palm Beach FL Phone Fax Original Message From: Jay Lefkowitz [milt° Sent: Friday, September 14, 2007 9:40 AM To: Villafana, Ann Marie C. (USAFLS) Subject: Follow up **** ***** ******* ******** ********* ****** *************** ***** The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited EFTA00296534 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. ****************************************************** EFTA00296535 EFTA00296536  "Ann Marie To cc bee 09/15/2007 03:16 Subject JE negotiations PM Hi Jay — Sony to trouble you over the weekend. Here are the revised documents with the 403 charge. I negative reaction to the assault charge with s the victim, since she is considered one of the main perpetrators of the offenses that we planned to charge in the indictment Can you talk to Mr. Epstein about a young woman named"... We have hearsay evidence that she traveled on Mr. Epstein's airplane when she was under 18, in around the 2000 or 2001 time frame. That falls outside the statute of limitations, but perhaps we could construct a 371 conspiracy around that? Let me know what you think. Thank you. «.< Attachment 'Information charging 403 and 113.cidt has been archived by user 'CommonStore/IT/Kirkland-Ellis' on '11/26/2007 01:07:57. >>> <<< Attachment 'PLY Plea Agreement v5 403 and 113 vioiations.odr hallennarch Kirkland-Ellis' on '11/26/2007 01:07:57. >>> EFTA00296537  UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA D CASE NO. 18 U.S.C. § 403 18 U.S.C. § 113(aX5) UNITED STATES ORRICA vs. JEFFREY EPSTEIN, Defendant. A INFORMATION The United States Attorney charges that: COUNT 1 In or around August 2006, in Palm Beach CoF, in the Southern District of Florida, and elsewhere, the defendant, JEFFREY EPSTEIN, did knowingly and intentionally violate the privacy protection acconith y 18 U.S.C. § 3509 to a child victim, that is, Jane Doe #1; in violation of Title 18, United Stat ode, Sections 403 and 2. COUNT Z In or around 2005, in the special territorial jurisdiction of the United States, that is, in an aircraft owned by a United States citizen while in flight over the high seas, and elsewhere, the defendant, JEFFREY EPSTEIN, EFTA00296538 did knowingly commit a simple assault on a person who was over the age of 16 years, that in violation of Title 18, United States Code, Section 113(aX5). D R. ALEXANDER ACOSTA UNITED STATES A A. MARIE VILLAFANA ASSISTANT UNITED STATES ATTORNEY A F 2 EFTA00296539  UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. D UNITED STATES OF AMERICA vs. JEFFREY EPSTE Defend PLEA AGREEMENT The United States Attorney for e Southern District of Florida ("the United States"), and Jeffrey Epstein (hereinafter r tr to as the "defendant") enter into the following agreement: 1. The defendant agrees to plead guilty to the Information which charges the defendant as follows: Count 1 charges that the F fendant knowingly and intentionally violated the privacy protection accorded to child victims by 18 U.S.C. § 3509; in violation of Title 18, United States Code, Sections 403 and 2; and Count 2 charges that the defendant, while in an airplane over the high seas, did knowingly commit a TA ple assault on a person who was over the age of 16 years, that is, M.; in violation of Title 18, United States Code, Section 113(aX5). 2. The defendant is aware that the sentence will be imposed by the Court after considering the Federal Sentencing Guidelines and Policy Statements (hereinafter Page 1 of 7 EFTA00296540 "Sentencing Guidelines"). The defendant acknowledges and understands that the Court will compute an advisory sentence under the Sentencing Guidelines and that the applicable guideli '11 be determined by the Court relying in part on the results of a he-Sentence rj Investigation by the Court's probation office, which investigation will commence after the guilty plea has been entered. The defendant is also aware that, under certain circumstances, the Court may depart m the advisory sentencing guideline range that it has computed, and may raise or lower isory sentence under the Sentencing Guidelines. The defendant is further aware and understands that the Court is required to consider the advisory guideline range determined under the Sentencing Guidelines, but is not bound to impose that sentence; the Court is permitted to tailor the ul te sentence in light of other statutory concerns, and such sentence may be either more severe or less severe than the Sentencing Guidelines' advisory sentence. Knowing these facts, the defendant understands and acknowledges that the Court has the authority to impose any sentenc thin and up to the statutory maximum authorized by law for the offenses identified in paragraph 1 and that the defendant may not withdraw the plea solely as a result of the sentence imposed. 3. ti The defendant further understands and acknowled es that, as to Count 1 of the Information, the Court may impose a statutory maximum term of prisonment of up to one (1) year, to be followed by a term of supervised release of up to a maximum of one (1) year. In addition to terms of imprisonment and supervised release, the Court may impose a fine of up to $100,000. The defendant further understands and acknowledges that, as to Count 2 of the Information, the Court may impose a statutory maximum term of imprisonment of up to Page 2 of 7 EFTA00296541 six (6) months, to be followed by a term of supervised release of up to a maximum of one (1) year. In addition to terms of imprisonment and supervised release, the Court may impose a fine of $100,000. 4. The defendant further understands and acknowledges that, in addition to any sentence imposed under paragraph 3 of this Agreement, a special assessment in the amount of $50 will be impo ed on the defendant, which must be paid at or before the time of sentencing. jug 5. The defendant understands that the Court will order that he must pay full restitution to all victims of the offense to which he is pleading guilty. The defendant understands that the amount of res ion owed to each victim will be determined at or before sentencing. 6. The parties agree to jointly recommend that the defendant receive a sentence of eighteen (18) months' imprisonment, to be red by two (2) years of supervised release; and a fine of $200,000. 7. The defendant agrees that, if any of the victims identified in the federal investigation file suit pursuant to 18 U.S.C. § 2255, the defendant will not contest the jurisdiction of the U.S. District Court for the Southern District Florida over his person and/or the subject matter, and the defendant will not contest that the identified victims are persons who, while minors, were victims of violations of Title 18, United States Code, Sections(s) 2422 and/or 2421 The United States agrees to provide the defendant's attorneys with a list of the identified victims, which will not exceed forty, after the defendant has Page 3 of 7 EFTA00296542 signed this agreement and has been sentenced. The United States further agrees to make a motion with the United States District Court for the Southern District of Florida for the of a guardian ad litem for the identified victims and the defendant's counsel may contact the identified victims through that guardian. 8. The defendant agrees to plead guilty (not nolo contendere) to an Information filed by the Palm Bek County State Attorney's Office charging an offense for which the defendant must regi a sex offender, that is, solicitation of minors to engage in prostitution, in violation of Fl. Stat. 796.03. The defendant agrees that he and the Palm Beach County State Attorney's Office will make a joint, binding recommendation that the Court impose a sentence of at leastA (30) months, to be divided as follows: (a) the defendant shall begin by serving at least twenty (20) months in prison, without any opportunity for withholding adjudication or sentencing, and without pr , on or community control in lieu of imprisonment; and r (b) following the term of imprisonment, the defendant shall serve ten (10) months of community control/home confinement with electronic monitoring. T 9. The defendant agrees to waive all challenges to the Information filed by the State Attorney's Office and to waive the right to appeal his conviction and sentence in the state court. 10. The defendant agrees that he will provide to the U.S. Attorney's Office copies Page 4 of 7 EFTA00296543  of all proposed agreements with the Palm Beach County State Attorney's Office prior to entering into those agreements. The United States reserves the right to inform the Court and the probation D office of all facts pertinent to the sentencing process, including all relevant infonnation concerning the offenses committed, whether charged or not, as well as concerning the defendant and the defendant's background, and to respond to any questions from the Court and the Probation Of d to any misstatements of fact or law. Subject only to the express terms of any agreed-upon sentencing recommendations contained in this Agreement, this Office further reserves the right to make any recommendation as to the quality and quantity / of punishment. 12. A The defendant is aware that the sentence has not yet been determined by the Court. The defendant also is aware that any estimate of the probable sentencing range or sentence that the defendant may receive, whether estimate comes from the defendant's attorney, the government, or the probation office, is a prediction, not a promise, and is not binding on the government, the probation office or the Court. The defendant understands further that any recommendation that the government makes to the Court as to sentencing, whether pursuant to this agreement or otherwise, is not binding the Court and the Court may disregard the recommendation in its entirety. The defendant understands and acknowledges, as previously acknowledged in paragraph 2 above, that the defendant may not withdraw his plea based upon the Court's decision not to accept a sentencing recommendation made by the defendant, the government, or a recommendation made jointly Page 5 of 7 EFTA00296544 by both the defendant and the government 13. WAIVER OF RIGHT TO APPEAL AND COLLATERALLY ATTACK THE SINCE. The defendant is aware that Title 18, United States Code, Section 3742 affords the defendant the tight to appeal the sentence imposed in this case. Acknowledging this, in exchange for the undertakings made by the United States in this plea agreement, the defendant hereby w • s all rights conferred by Section 3742 to appeal any sentence imposed, including a stitution order, or to appeal the manner in which the sentence was imposed, unless the sentence exceeds the maximum permitted by statute or is the result of an upward departure or upward variance from the guideline range that the Court establishes at sentencing. The defendant furthAluntatily and expressly waives, to the maximum extent permitted by federal law, the right to collaterally attack his sentence in any post- conviction proceeding, including a motion on any ground brought under 28 U.S.C. § 2254, 28 U.S.C. § 2255, 18 U.S.C. § 3572, or 18 U.S.C. 1. The defendant further understands that nothing in this agreement shall affect the goveriunent's right and/or duty to appeal as set forth in Title 18, United States Code, Section 3742(b). However, if the United States