EFTA00190318.pdf

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 08-80736-Civ-MarratIVIatthewman JANE DOE #1 AND JANE DOE #2, Petitioners, UNITED STATES OF AMERICA, Respondent. UNITED STATES' NOTICE OF FILING THIRD SUPPLEMENTAL PRIVILEGE LOG Pursuant to the Court's June 18, 2013 Omnibus Order (DE 190), the Respondent, United States of America, by and through the undersigned Assistant United States Attorney, hereby gives notice of its filing of its Third Supplemental Privilege Log. The index has been marked with Bates Numbers P-014924 thru P-015267. The documents referenced in the Third Supplemental Privilege Log will be delivered tomorrow to the Chambers ofU.S. District Judge Kenneth A. Marra for exparte in camera review, pursuant to the Court's Omnibus Order. Respectfully submitted, WIFREDO A. FERRER UNITED STATES ATTORNEY By: s/A. Marie Villafafia A. MARIE VILLAFAFIA Assistant United States Attorney Florida Bar No. 0018255 500 South Australian Ave, Suite 400 West Palm Beach, FL 33401 Telephone: 561-820-8711 Facsimile: 561-820-8777 [email protected] EFTA00190318  CERTIFICATE OF SERVICE I HEREBY CERTIFY that on August 3, 2015, I electronically filed the foregoing document with the Clerk of the Court using CM/ECF. According to the Court's website, counsel for all parties are able to receive notice via the CM/ECF system. s/A. Marie Viilafafia A. MARIE VILLAFAA Assistant United States Attorney SERVICE LIST Jane Does I and 21. United States, Case No. 08-80736-CIV-MARRA/MATTHEWMAN United States District Court, Southern District of Florida Brad Edwards, Esq., Farmer Jaffe Weissing Edwards Fistos Lehrman 425 N Andrews Ave Ste 2 Fort Lauderdale, FL 33301-3268 brad®pathtojustice.com 954-524-2820 Fax: 954-524-2822 Paul G. Cassell S.J. Quinney College of Law at the University of Utah 332 S. 1400 E. Salt Lake City, Utah 84112 (80I ) 585-5202 Fax: (801) 585-6833 E-mail: casselp®law.utah.edu Attorneys for Jane Doe # I and Jane Doe # 2 2 EFTA00190319  Fax 561 820-8777 From: Villafana, Ann Marie C. (USAF! RI Sent: Tuesday, June 24, 2008 4:05 PM To: 'Roy BLACK'; 'Jack Goldberger' Cc: Atkinson, Karen (USAFLS) Subject: Jeffrey Epstein Agreement ReAAA ea A Dear Roy and Jack: I am just writing to re-state that it is cd, binding agreement and that there is no need for further mod Nr4j. Please keep us informed of the date Thank you. A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 EFTA00190320 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) <[email protected]> Sent: Wednesday, July 09, 2008 12:35 PM To: Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS); Atkinson, Karen (USAFLS) Cc: Kuyrkendall, E N. (MM) (FBI); Richards, Jason R. (MM) (FBI); Lee, Dexter (USAFLS) Subject: FW: Jeffrey Epstein -- Response from Jack Goldberger Attachments: Letter to A. Marie Villafana dated 070908.pdf Attached please find Jack Goldberger's response to my letter. A. Marie Villafafla Assistant U.S. Attorney 561 209-1047 Original Message From: Nira Alanis [mailto:nalanist anwoa.comi Sent: Wednesday, July 09, 2008 12:28 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Jeffrey Epstein This attachment has been sent to you on behalf of Jack A. Goldberger, Esquire. Regards, Nayanira Alanis, Legal Assistant Atterbury, Goldberger & Weiss, P.A. 250 Australian Avenue South Suite 1400 West Palm Beach, FL 33401 T#561.659-8300 F#561.835-8691 25 EFTA00190321  ctW'ti c orny'% JOSEPH R.ATTERBURY • t JACK A. GOLDBERGER July 9, 2008 JASON &WEISS Board Certified Criminal Trial Attorney f Member of New Jersey & Florida Bars A. Marie C. Villafana, Esq. Assistant United States Attorney United States Attorney's Office 500 South Australian Avenue 4th Floor, Suite 400 West Palm Beach, Florida 33401 SENT VIA E-MAIL ct FACSIMILE (561) 820-8777 Re: Jeffrey E. Epstein Dear Ms. Villafana: Thank you for your letter to me dated July 8, 2008 and the draft document dated, e-mailed and faxed to me at my office on June 30, 2008, styled "Notification of Identified Victims." I would like to address a few related issues. First, please note that we have several requests concerning any such notification. Specifically, we request that: (a) My notification be sent to any individual by mail (or served upon their attorney, to the extent known), and we respectfully object to any service by hand, a method of service which carries the concomitant risk of conversations regarding the notification that potentially would place the federal authorities in a position of being advocates for civil litigation; (b) Any notification be effectuated by a separate mailing to each individual without the inclusion of any language that appeared on the second page of your June 30, 2008 memorandum; i.e. rather than including in each notification a large section listing "identified individuals" with redactions other than the name of the recipient (which we contend would be a clear and impermissible signal to any individual that the notification is a broad notification to numerous other alleged victims). Rather, a simple one page notification directed only to the recipient, and limited to the information currently on the first page of your draft memorandum would suffice. One Clearlake Centre. Suite 1400 250 Australian Avenue South West Palm Beach, FL 33401 p 561.659.8300 f 561.835.8691 wwwagwpa.com EFTA00190322  (c) You eliminate from any notification any language that is currently contained in the "acknowledgment" section of the June 30, 2008 memorandum; and (d) You supplement the notification with the Government's previously made representation that it is not vouching for the veracity of any claim by any identified individual. See Letter from J. Sloman to E. (10/25/07). Second, please note also that we do not understand your request that Mr. Epstein and his attorneys execute the rider / acknowledgment contained within your June 30 hand-delivered draft. Specifically, we do not believe that the Non-Prosecution Agreement requires Mr. Epstein's execution of any such additional stipulation. Because we want to ensure that Mr. Epstein continues to strictly comply with the letter of the parties' agreement, we respectfully ask that you explain why you believe that the Non-Prosecution Agreement requires execution of your stipulation. Our understanding of the Non-Prosecution Agreement is that it does not require Mr. Epstein to "acknowledge" anything not already contained within the four corners of the written agreement. The agreement certainly contains no written term obligating that he "waive any evidentiary challenge to the introduction of a copy" of any "Notification of Identified Victims" in "any judicial proceeding between any identified individual" and Mr. Epstein, as your memorandum currently requests. Further, please note that your June 30 stipulation, as drafted, is not limited to Section 2255 proceedings. Rather, your June 30 draft requires Mr. Epstein to waive evidentiary challenges in "any judicial proceeding" - - which clearly exceeds the bounds of the parties' written agreement. Third, I would respectfully request that you provide me with the names of the "pro bono lawyers" who, you indicated to me at our June 30 meeting at my office, were intending to represent certain persons identified on your June 30 draft notification, as well as any knowledge that the Government has as to how they were selected, and what communications the Government has had with them to date. Finally, please know that it is Mr. Epstein's firm intent to fulfill strictly each term and condition of his Non-Prosecution Agreement with the Government. Nothing in this letter should be construed, however, as waiving any defense that may be available to Mr. Epstein under the parties' written agreement. I look forward to your response. Until then, I remain, V trul A. Goldberger cc: Jeffrey Epstein EFTA00190323 From: viiiatana, Ann Marie C. (USAFLS) Sent: Wednesday, November 28, 2007 4:47 PM To: Jay Lefkowitz Cc: Sloman, Jeff (USAFLS); Acosta, Alex (USAFLS) Subject: Epstein: Victim Notification Letter Dear Jay: Jeff asked that I forward the victim notification letter to you. It is attached. Thank you. «Victim Notification Ltr.pdf» 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 39 EFTA00190324  U.S. Department of Justice UnitedStates Attorney Southern District ofFlorida 500 South Australian Ave., Suite 400 West Palm Beach, FL 33401 (561) 8204711 Facsimile: (561) 820-8777 November 29, 2007 DELIVERY BY HAND Miss Re: Crime Victims' Riahts — Notification of Resolution of Epstein Investigation Dear Miss Several months ago, I provided you with a letter notifying you of your rights as a victim pursuant to the Justice for All Act of 2004 and other federal legislation, including: (I) The right to be reasonably protected from the accused. (2) The right to reasonable, accurate, and timely notice of any public court proceeding involving the crime or of any release or escape of the accused. (3) The right not to be excluded from any public court proceeding, unless the court determines that your testimony may be materially altered if you are present for other portions of a proceeding. (4) The right to be reasonably heard at any public proceeding in the district court involving release, plea, or sentencing. (5) The reasonable right to confer with the attorney for the United States in the case. (6) The right to full and timely restitution as provided in law. (7) The right to proceedings free from unreasonable delay. (8) The right to be treated with fairness and with respect for the victim's dignity and privacy. I am writing to inform you that the federal investigation of Jeffrey Epstein has been completed, and Mr. Epstein and the U.S. Attorney's Office have reached an agreement containing the following terms. First, Mr. Epstein agrees that he will plead guilty to two state offenses, including the offense ofsoliciting minors to engage in prostitution, which will require him to register as a sexual predator for the remainder of his life. EFTA00190325 MISS NOVEMBER 29, 2007 PAGE 2 Second, Mr. Epstein has agreed to make a binding recommendation of 18 months' imprisonment to the state court judge who sentences him. Mr. Epstein will serve that sentence of imprisonment at the Palm Beach County Jail. Third, Mr. Epstein has agreed that he will not contest jurisdiction or liability if you elect to seek damages from him because the United States has identified you as a minor victim of certain federal offenses, including travel in interstate commerce to engage in prostitution with minors and the use offacilities of interstate commerce to induce minors to engage in prostitution. To assist you in making such a claim, the U.S. Attorney's Office has asked an independent Special Master to select attorneys to represent you. Those attorneys are Aaron Podhurst and Robert ("Bob") Josefsberg with the law firm of Podhurst Orseck, P.A. They can be reached at (305) 358-2800. 1 anticipate that someone from their law firm will be contacting you shortly. I must also advise you that you are not obligated to use these attorneys. In fact you have the absolute right to select your own attorney. so you can decide not to speak with Mssrs. Podhurst/ Josefsberg at all. or you can speak with them and decide at any time to use a different attorney. Ifyou do decide to seek damages from Mr. Epstein and you decide to use Messrs. Podhurst / Josefsberg as your attorneys, Mr. Epstein will be responsible for paying attorney's fees incurred during the time spent trying to negotiate a settlement. If you are unable to reach a settlement with Mr. Epstein, you and Mr. Josefsberg can discuss how best to proceed. As I mentioned above, as part of the resolution of the federal investigation, Mr. Epstein has agreed to plead guilty to state charges. Mr. Epstein's change of plea and sentencing will occur on December 14, 2007, at a.m., before Judge Sandra K. McSorley, in Courtroom 11F at the Palm Beach County Courthouse, 205 North Dixie Highway, West Palm Beach, Florida. Pursuant to Florida Statutes Sections 960.001(1)(k) and 921.143(1), you are entitled to be present and to make a statement under oath. If you choose, you can submit a written statement under oath, which will be filed by the State Attorney's Office on your behalf. If you elect to prepare a written statement, it should address the following: the facts of the case and the extent of any harm, including social, psychological, or physical harm, financial losses, loss of earnings directly or indirectly resulting from the crime for which the defendant is being sentenced, and any matter relevant to an appropriate disposition and sentence. Fl. Stat. 921.143(2). You also are entitled to notification when Mr. Epstein is released from imprisonment at the end of his prison term and/or if he is allowed to participate in a work release program. To receive such notification, please provide the State Attorney's Office with the following information: 1. Your name 2. Your address 3. Your home, work, and/or cell phone numbers EFTA00190326 MISS NOVEMBER 29, 2007 PAGE 3 4. Your e-mail address 5. A notation of whether you would like to participate in the "VINE system," which provides automated notification calls any time an inmate is moved. (To use this system, your calls must go to you directly, not through a switchboard.) Thank you for all of your help during the course of the investigation. If you have any questions or concerns, please do not hesitate to contact me or Special Agent Nesbitt Kuyrkendall at (561) 822-5946. Sincerely, R. Alexander Acosta United States Attorney By: A. Marie Villafana Assistant United States Attorney cc: Special Agent Nesbitt Kuyrkendall, F.B.I. Ms. Clearetha Wright, Victim-Witness Coordinator, U.S. Attorney's Office EFTA00190327 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) <[email protected]> Sent: Tuesday, June 24, 2008 2:02 PM To: Jack Goldberger Cc: Atkinson, Karen (USAFLS) Subject: RE: Jeffrey Epstein Jack, Karen and I will call you at 3:30. Should we call 659-8300? And what number should we use for Roy? Thank you. A. Marie Villafalia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Reach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Jack Goldberger [mailto:[email protected]] Sent: Tuesday, June 24, 2008 1:32 PM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Jeffrey Epstein I'm ok with 3;30 please conference me into the call Jack From: Villafana, Ann Marie C. (USAFLS) [malito:[email protected] Sent: Tuesday, June 24, 2008 12:23 PM To: [email protected] Cc: Atkinson, Karen (USAFLS) Subject: FW: Jeffrey Epstein Dear Roy: Jeff Sloman contacted me and asked me to return your call regarding the Epstein matter. I am forwarding to you an e-mail that I sent to Jay Lefkowitz last night. Karen and I can call you at 3:30 to speak about your list of issues. If that time does not work, please let me know what times you are available. Thank you. A. Marie I/alfalfa Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 76 EFTA00190328 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Villafana, Ann Marie C. (USAFLS) Sent: Monday, June 23, 2008 5:55 PM To: [email protected]; Jay Lefkowitz Cc: Atkinson, Karen (USAFLS) Subject: Jeffrey Epstein Dear Mr. Lefkowitz: 1 understand that the Deputy Attorney General has completed his review of the Epstein matter and has determined that federal prosecution of Mr. Epstein's case is appropriate. Accordingly, Mr. Epstein has until the close of business on Monday, June 30, 2008, to comply with the terms and conditions of the agreement between the United States and Mr. Epstein (as modified by the U.S. Attorney's December 19th letter to Ms. Sanchez), including entry of a guilty plea, sentencing, and surrendering to begin his sentence of imprisonment. If you have any questions, please feel free to contact me at the number shown below. A. Marie Villafafla Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 77 EFTA00190329 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) <AVillafanagusa.dolgov> Sent: Tuesday, June 24, 2008 12:23 PM To: [email protected] Cc: Atkinson, Karen (USAFLS) Subject FW: Jeffrey Epstein Dear Roy: Jeff Sloman contacted me and asked me to return your call regarding the Epstein matter. I am forwarding to you an e-mail that I sent to Jay Lefkowitz last night. Karen and I can call you at 3:30 to speak about your list of issues. If that time does not work, please let me know what times you are available. Thank you. A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Villafana, Ann Marie C. (USAFLS) Sent: Monday, June 23, 2008 5:55 PM To: [email protected]; Jay Lefkowitz Cc: Atkinson, Karen (USAFLS) Subject: Jeffrey Epstein Dear Mr. Lefkowitz: I understand that the Deputy Attorney General has completed his review of the Epstein matter and has determined that federal prosecution of Mr. Epstein's case is appropriate. Accordingly, Mr. Epstein has until the close of business on Monday, June 30, 2008, to comply with the terms and conditions of the agreement between the United States and Mr. Epstein (as modified by the U.S. Attorney's December 19'h letter to Ms. Sanchez), including entry of a guilty plea, sentencing, and surrendering to begin his sentence of imprisonment. If you have any questions, please feel free to contact me at the number shown below. A. Marie Villafana 81 EFTA00190330 Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 82 EFTA00190331 Villafana, Ann Marie C. (USAFLS) From: Jack Goldberger <[email protected]> Sent: Tuesday, June 24, 2008 1:32 PM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Jeffrey Epstein I'm ok with 3;30 please conference me into the call Jack From: Villafana, Ann Marie C. (USAFLS) (mailto:[email protected]] Sent: Tuesday, June 24, 2008 12:23 PM To: [email protected] Cc: Atkinson, Karen (USAFLS) Subject: FW: Jeffrey Epstein Dear Roy: Jeff Sloman contacted me and asked me to return your call regarding the Epstein matter. I am forwarding to you an e-mail that I sent to Jay Lefkowitz last night. Karen and I can call you at 3:30 to speak about your list of issues. If that time does not work, please let me know what times you are available. Thank you. A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Villafana, Ann Marie C. (USAFLS) Sent: Monday, June 23, 2008 5:55 PM To: [email protected]; Jay Lefkowitz Cc: Atkinson, Karen (USAFLS) Subject: Jeffrey Epstein Dear Mr. Lefkowitz: I understand that the Deputy Attorney General has completed his review of the Epstein matter and has determined that federal prosecution of Mr. Epstein's case is appropriate. 83 EFTA00190332 Accordingly, Mr. Epstein has until the close of business on Monday, June 30, 2008, to comply with the terms and conditions of the agreement between the United States and Mr. Epstein (as modified by the U.S. Attorney's December 10 letter to Ms. Sanchez), including entry of a guilty plea, sentencing, and surrendering to begin his sentence of imprisonment. If you have any questions, please feel free to contact me at the number shown below. A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 84 EFTA00190333 Villafana, Ann Marie C. (USAFLS) From: Roy BLACK <[email protected]> Sent: Tuesday, June 24, 2008 3:02 PM To: Villafana, Ann Marie C. (USAFLS) Cc: jack goldberger Subject: Re: FW: Jeffrey Epstein Marie that is a good time. I also want to conference Jack Goldberger into the call. This will be a wrap up call. Roy >>> "Villafana, Ann Marie C. (USAFLS)" <[email protected]> 6/24/2008 12:23 PM >>> Dear Roy: Jeff Sloman contacted me and asked me to return your call regarding the Epstein matter. I am forwarding to you an e-mail that I sent to Jay Lefkowitz last night. Karen and I can call you at 3:30 to speak about your list of issues. If that time does not work, please let me know what times you are available. Thank you. A. Marie Villafaila Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209.1047 Fax 561 820-8777 From: Villafana, Ann Marie C. (USAFLS) Sent: Monday, June 23, 2008 5:55 PM To: [email protected]; Jay Lefkowitz Cc: Atkinson, Karen (USAFLS) Subject: Jeffrey Epstein Dear Mr. Lefkowitz: I understand that the Deputy Attorney General has completed his review of the Epstein matter and has dctcnnincd that federal prosecution of Mr. Epstein's case is appropriate. Accordingly, Mr. Epstein has until the close of business on Monday, June 30, 2008, to comply with the terms and conditions of the agreement between the United States and Mr. Epstein (as modified by the U.S. Attorney's December 19th letter to Ms. Sanchez), including entry of a guilty plea, sentencing, and surrendering to begin his sentence of imprisonment. If you have any questions, please feel free to contact me at the number shown below. 85 EFTA00190334 A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 86 EFTA00190335 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) <[email protected]> Sent: Tuesday, June 24, 2008 3:08 PM To: Roy BLACK Subject: RE: FW: Jeffrey Epstein Iii Roy -- Is this the best number to call? (305) 371-6421 A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Original Message From: Roy BLACK [mailto:RBLACKerovblack.comi Sent: Tuesday, June 24, 2008 3:02 PM To: Villafana, Ann Marie C. (USAFLS) Cc: jack goldberger Subject: Re: FW: Jeffrey Epstein Marie that is a good time. I also want to conference Jack Goldberger into the call. This will be a wrap up call. Roy >>> "Villafana, Ann Marie C. (USAFLS)" <[email protected]> 6/24/2008 12:23 PM >>> Dear Roy: Jeff Sloman contacted me and asked me to return your call regarding the Epstein matter. I am forwarding to you an e-mail that I sent to Jay Lcfkowitz last night. Karen and I can call you at 3:30 to speak about your list of issues. If that time does not work, please let me know what times you are available. Thank you. A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Villafana, Ann Marie C. (USAFLS) Sent: Monday, June 23,2008 5:55 PM To: letkowitz@kirk land.com; Jay Lefkowitz Cc: Atkinson, Karen (USAFLS) Subject: Jeffrey Epstein 87 EFTA00190336 Dear Mr. Leflcowitz: I understand that the Deputy Attorney General has completed his review of the Epstein matter and has determined that federal prosecution of Mr. Epstein's case is appropriate. Accordingly, Mr. Epstein has until the close of business on Monday, June 30, 2008, to comply with the terms and conditions of the agreement between the United States and Mr. Epstein (as modified by the U.S. Attorney's December 19th letter to Ms. Sanchez), including entry of a guilty plea, sentencing, and surrendering to begin his sentence of imprisonment. If you have any questions, please feel free to contact me at the number shown below. A. Marie Villafatha Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 88 EFTA00190337 Villafana, Ann Marie C. (USAFLS) From: Roy BLACK <[email protected]> Sent: Tuesday, June 24, 2008 3:13 PM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: FW: Jeffrey Epstein yes. >>> "Villafana, Ann Marie C. (USAFLS)" <Ann.Marie.C.Villafana®usdoj.gov> 6/24/2008 3:08 PM >>> Hi Roy -- Is this the best number to call? (305) 371-6421 A. Marie Villafafla 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: Roy BLACK fmailto:RBLACKFarovblack.contl Sent: Tuesday, June 24, 2008 3:02 PM To: Villafana, Ann Marie C. (USAFLS) Cc: jack goldberger Subject: Re: FW: Jeffrey Epstein Marie that is a good time. I also want to conference Jack Goldberger into the call. This will be a wrap up call. Roy >>> "Villafana, Ann Marie C. (USAFLS)" <[email protected]> 6/24/2008 12:23 PM >>> Dear Roy: Jeff Sloman contacted me and asked me to return your call regarding the Epstein matter. I am forwarding to you an e-mail that I sent to Jay Lefkowitz last night. Karen and I can call you at 3:30 to speak about your list of issues. If that time does not work, please let me know what times you are available. Thank you. A. Marie Villafafla Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Villafana, Ann Marie C. (USAFLS) Sent: Monday, June 23, 2008 5:55 PM To: [email protected]; Jay Letkowitz Cc: Atkinson, Karen (USAFLS) 89 EFTA00190338 Subject: Jeffrey Epstein Dear Mr. Le&owitz: I understand that the Deputy Attorney General has completed his review of the Epstein matter and has determined that federal prosecution of Mr. Epstein's case is appropriate. Accordingly, Mr. Epstein has until the close of business on Monday, June 30, 2008, to comply with the terms and conditions of the agreement between the United States and Mr. Epstein (as modified by the U.S. Attorney's December 19th letter to Ms. Sanchez), including entry of a guilty plea, sentencing, and surrendering to begin his sentence of imprisonment. If you have any questions, please feel free to contact me at the number shown below. A. Marie Villafalla Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820.8777 90 EFTA00190339 Villafana, Ann Marie C. (USAFLS) From: Jack Goldberger [email protected]> Sent: Saturday, June 28, 2008 3:38 PM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Notice of Non-Compliance Marie not a problem. From: Villafana, Ann Marie C. (USAFLS) [mailto:[email protected]] Sent: Sat 6/28/2008 11:31 AM To: Jack Goldberger Cc: Atkinson, Karen (USAFLS); RBlack@RoyBladccom Subject: Re: Notice of Non-Compliance Dear Jack: I have conferred with a state court practitioner who stated that there is nothing that prohibits you front agreeing to a consecutive six- month sentence of incarceration followed by one year of community control as specified in the non-prosecution agreement. If you elect to proceed with the plea agreement as currently drafted, we ask that you insert the word "imprisoned" following the words "six months" in the second sentencing paragraph. Please confirm that this change is acceptable. Thank you. Marie Original Message From: Jack Goldberger <[email protected]> To: Villafana, Ann Marie C. (USAFLS) Cc: Jack Goldberger lgoldberger®agwpa.com> Sent: Sat Jun 28 08:49:55 2008 Subject: RE: Notice of Non-Compliance Dear Ms Villafana, please allow this e-mail to confirm our telephone conference of 6:30 pm on June 27 wherein we discussed the Epstein plea agreement and we agreed that the Epstein state plea agreement was in compliance with the September 2007 non-prosecution agreement entered into between Mr. Epstein and the USAO for the Souhem District of Florida. Jack Goldberger From: Villafana, Ann Marie C. (USAFLS) [mailto:[email protected]] Sent: Fri 6/27/2008 5:45 PM To: Jack Goldberger, Roy BLACK Cc: Atkinson, Karen (USAFLS) Subject: Notice of Non-Compliance Dear Messrs. Goldberger and Black: Please see the attached Notification Letter. 120 EFTA00190340 <O80627 Goldberger Black notification Itr.pdf>> A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 121 EFTA00190341  U.S. Department of Justice United States Attorney Southern District ofFlorida 500 South Australian Ave., Suite 400 West Palm Beach, FL 33401 (561)820-8711 Facsimile: (560 820-8777 June 27, 2008 VIA FACSIMILE AND ELECTRONIC MAIL Jack A. Goldberger, Esq. Atterbury, Goldberger & Weiss, P.A. One Clearlake Centre, Suite 1400 250 Australian Ave S. West Palm Beach, FL 33401-5015 Roy Black, Esq. Black Srebnick Komspan & Stumpf P.A. 201 S. Biscayne Blvd, Suite 1300 Miami, FL 33131 Re: Jeffrey Epstein Dear Messrs. Goldberger and Black: Thank you for providing me with the proposed plea agreement between Mr. Epstein and the State Attorney's Office. The U.S. Attorney's Office hereby provides Notice that the proposed sentencing provision does not comply with the terms of the Non-Prosecution Agreement. The second sentencing paragraph of the proposed plea agreement reads: On 08CF00938I AMB, the Defendant is sentenced to 18 months Community Control I (one). As a special condition of this Community Control the Defendant must serve the first 6 months in the Palm Beach County Detention Facility . . . The Non-Prosecution Agreement specifically provides: Epstein shall be sentenced to consecutive terms of twelve (12) months and six (6) months in county jail for all charges, ... without probation or community control in lieu of imprisonment. Thus, the proposed plea agreement with the State Attorney's Office does not comply with the terms of the Non-Prosecution Agreement. To comply with the Agreement, Mr. Epstein must make a binding recommendation ofeighteen months imprisonment, which means confinement twenty-four EFTA00190342 JACK GOLDBERGER,ESQ. ROY BLACK,ESQ. JUNE 27,2008 PAGE 2 OF 2 hours a day at the County Jail, and the judge must accept that recommendation. Community control must follow that term of incarceration. Secondly, we have not been provided with a copy of the Information filed in case number 08CF00938I AMB. I want to confirm that Mr. Epstein is being charged with the substantive offense of procuring minors to engage in prostitution, not attempted procurement. Accordingly, please provide me with a copy ofthe Information at your earliest opportunity. I will be available via e-mail throughout the weekend or you may reach me on my cell phone at 561 601-2301. Thank you. Sincerely, R. Alexander Acosta United States Attorney By: akt-st4E4,-.- A. Marie lillafafta Assistant United States Attorney cc: Karen Atkinson, AUSA EFTA00190343 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) <[email protected]> Sent: Monday, June 30, 2008 5:13 PM To: Ted Leopold Subject: RE: Epstein Investigation I will do so. Look forward to hearing from you. A. Marie Villciaila Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Ted Leopold [mallto:[email protected]] Sent: Monday, June 30, 2008 5:13 PM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Epstein Investigation Thanks Ann Marie. I will get back to you. p.s., Tell Janice LeClainche and Jeff Sloman hello for me. Both are good friends for mine. Original Message From: Villafana, Ann Marie C. (USAFLS) [mailto:[email protected]] Sent: Monday, June 30, 2008 5:00 PM To: Ted Leopold Subject: Epstein Investigation Dear Ted: Here is my e-mail address and contact information. Thank you for your assistance. A. Marie Villain& Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 139 EFTA00190344 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) <[email protected]> Sent: Monday, June 30, 2008 5:19 PM To: Ted Leopold Subject: RE: Epstein Investigation I wish it had been more time, but this way the girls get some compensation without the horrors of a trial. A. Marie Villajaiia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Reach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Ted Leopold [mailto:[email protected]] Sent: Monday, June 30, 2008 5:23 PM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Epstein Investigation ps, great job of not letting this guy off. Original Message From: Villafana, Ann Marie C. (USAFLS) [mailto:[email protected]] Sent: Monday, June 30, 2008 5:13 PM To: Ted Leopold Subject: RE: Epstein Investigation I will do so. Look forward to hearing from you. A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Reach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Ted Leopold [mailto:[email protected]] Sent: Monday, June 30, 2008 5:13 PM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Epstein Investigation Thanks Ann Marie. I will get back to you. p.s., Tell Janice LeClainche and Jeff Sloman hello for me. Both are good friends for mine. Original Message----- From: Villafana, Ann Marie C. (USAFLS) [mailto:[email protected]] Sent: Monday, June 30, 2008 5:00 PM To: Ted Leopold Subject: Epstein Investigation 143 EFTA00190345 Dear Ted: Here is my e-mail address and contact information. Thank you for your assistance. A. Marie Villafaila Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 144 EFTA00190346 Villafana, Ann Marie C. (USAFLS) From: Ted Leopold <[email protected]> Sent: Monday—lune 30, 2008 5:43 PM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Epstein Investigation correct. Quite a story however. Makes you wonder what a guy like this is thinking. Original Message From: Villafana, Ann Marie C. (USAFLS) (mailto:[email protected]] Sent: Monday, June 30, 2008 5:19 PM To: Ted Leopold Subject: RE: Epstein Investigation I wish it had been more time, but this way the girls get some compensation without the horrors of a trial. A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Ted Leopold [mailto:[email protected]) Sent: Monday, June 30, 2008 5:23 PM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Epstein Investigation ps, great job of not letting this guy off. Original Message From: Villafana, Ann Marie C. (USAFLS) [mallto:[email protected]] Sent: Monday, June 30, 2008 5:13 PM To: Ted Leopold Subject: RE: Epstein Investigation I will do so. Look forward to hearing from you. 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: Ted Leopold [mailto:[email protected]] Sent: Monday, June 30, 2008 5:13 PM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Epstein Investigation Thanks Ann Marie. I will get back to you. 155 EFTA00190347 p.s., Tell Janice LeClainche and Jeff Sloman hello for me. Both are good friends for mine. Original Message From: Villafana, Ann Marie C. (USAFLS) [mallto:[email protected]] Sent: Monday, June 30, 2008 5:00 PM To: Ted Leopold Subject: Epstein Investigation Dear Ted: Here is my e-mail address and contact information. Thank you for your assistance. A. Marie lafa& Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 156 EFTA00190348 Villafana, Ann Marie C. (USAFLS) From: Ted Leopold <[email protected]> Sent: Wednesday, July 02, 2008 5:21 PM To: Villafana, Ann Marie C. (USAFLS) Cc: Spencer Kuvin Subject: RE: Epstein Investigation I will get you the names tomorrow. Thanks Spencer, please see me. Original Message From: Villafana, Ann Marie C. (USAFLS) imailto:[email protected]) Sent: Monday, June 30, 2008 5:00 PM To: Ted Leopold Subject: Epstein Investigation Dear Ted: Here is my e-mail address and contact information. Thank you for your assistance. A. Marie Villain& Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 166 EFTA00190349 Villafana, Ann Marie C. (USAFLS) From: Jack Goldberger <[email protected]> Sent: Wednesday, July 09, 2008 3:56 PM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Epstein contact Dear Marie, I am the contact person . My office address is sufficient for contact jack From: Villafana, Ann Marie C. (USAFLS) [mailto:[email protected]] Sent: Wednesday, July 09, 2008 1:16 PM To: Jack Goldberger Cc: Atkinson, Karen (USAFLS) Subject: Epstein contact Dear Jack: I have received your letter and am considering it now. One of the questions I had asked you last week was whether you are the person whom attorneys for the victims should contact if they decide to file any claim. Are you the person? And, if so, what, if any, contact information would you like me to provide? Thank you. A. Marie Villafaiia Assistant U.S. Attorney 561 209-1047 220 EFTA00190350  From. FAXmaker To. 15818298777 Page: 2/2 Date. 7/21/2008 6:38:17 PM I SJAIL LEW Armen, PL July 21, 2008 Copy via facsimile (561) 820-8777 Ann Marie C. Villafana, Esq. Office of the United States Attorney 500 S. Australian Avenue West Palm Beach, Florida 33401 RE: Jeffrey Epstein Dear Ms. Villafana: Thank you for your letter of July 17, 2008. In it, you ask whether Mr. Epstein "intends to fully abide by the Non-Prosecution Agreement." The answer is yes. We confirm as you state in your letter that the Agreement requires that "the federal Grand Jury investigation will remain suspended, and all pending federal Grand Jury subpoenas will be held in abeyance unless and until [Mr.' Epstein] violates any term of [the Non-Prosecution Agreement]." We also confirm that under the Agreement, "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 . conditions and the requirements of tit) Agreement" As you know, there is no provision in the Agreement referring in any way to Section 3509(k). By that statute, Congress imposed a mandatory obligation on federal district courts to stay certain civil cases. Its operation is not subjec