EFTA00235326.pdf

JANE DOE #1 AND JANE DOE #2'S MOTION FOR FINDING OF VIOLATIONS OF THE CRIME VICTIMS' RIGHTS ACT AND REQUEST FOR A HEARING ON APPROPRIATE REMEDIES CASE NO: 0840736-Civ-Marra/Johnson EXHIBIT A Filed Under Seal EFTA00235326 C) To < cc "alikUSAFLS1r bcc 09/12/2007 03:44 PM Subject Jeffrey Epstein Jay —lavas nice seeing you again. -.Nand I tallced with Alex and 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. I- Assistant U.S. Attorney West Palm Beach, FL 33401 US_Atty_Cor_001 EFTA00235327  To "Jay Lelkowile cc usdo Egov, bcc 09/13/2007 07:27 PM Subject RE: Hi Jay -- Yes, I am. I have been spending some quality time with Title 18 looking for misdemeanors. Do you want to take a look at 18 USC 403, 18 USC 1512(d), and 47 EEC 223(a)(1)(B) and we can talk about them tomorrow? I know that someone mentioned there being activity on an airplane, I just want to make sure that there is factual basis for the plea that the agents can confirm. I'm not sure exactly where I will be tomorrow morning, so is it alright if I call you? Have a good evening. 33401 Original Message From: Jay Lefkowitz fmailto: 2007 7:21 PM To: Sentil rl . (USAFLS) ll13, Subject: 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 US_Atty_Cor_002 EFTA00235328 0 destroy this communication and all copies thereof, including all attachments. * • fa * • US_Atty_Cor_003 EFTA00235329  To "Jay Lelkovatt cc bee 09119/2007 12:14 PM Subject RE: Meeting Judge Johnson has duty next week. Jay — !hate to have to be firm about this, but we need to wrap this up by Monday. I will not miss my indictment date when this has dragged on for several weeks already and then, if things fall apart, be left in a less advantageous position than before the negotiations. I have had an 82-page pros memo and 53-page indictment sitting on the shelf since May to engage in these negotiations. There has to be an ending date, and that date is Monday. Villqfcrifa MS Attorney SAFLS\)" Sent: 09/19/2007 11:51 AM AST To: Jay Letkowitz Subject: Meeting is available Monday morning. Our most flexible West Palm Beach magistrate is on duty on Monday, so, assuming we have signed documents by 1:30 or so, we should be able to get Mr. Epstein arraigned on Monday. I doubt that we will be able to get everything finished up here, get down to Miami, and try to find a Miami mag by close of business on Monday. US_Atty_Cor_004 EFTA00235330  To "Jay Le&ovate cc bce Q9/14t2007 09:55 SubOct Pile 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, so these should be close to what is needed. My home e-mail is You also can get me over the weekend on my cell phone at <<infomuttion charging 1512 and 113.pdf>> <<OLY Plea Agreement v4 1512 and 113 violations.pdf>> Regards, Assistant U.S. Attorney West Palm Beach, FL 33401 Information charging 1512 and 113.pdt OLY Plea Agreement v4 1512 and 113 vlolatlons.pdf US_Atty_Cor_005 EFTA00235331  UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA D CASE NO. 18 U.S.C. § 1512(dX2) 18 U.S.C. § 113(aX5) UNITED STATES OF AMERICA vs. JEFFREY EPSTEIN, R Defendant. The United States Attorney charges that: COUNT I 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 #I, in an attempt to delay, prevent, and dissuade Jane Doe #1 from reporting to a law enforcement officrer of the United States the commission of a federal offense; in violation of Title 18, United Slat]g lode, Sections 1512(O2) and 2. 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, US_Atty_Cor_006 EFTA00235332 the defendant, JEFFREY EPSTEIN, did kno ly commit a simple assault on a person who was over the age of 16 years, that is, M.; in violat • Title IS, United States Code, Section 113(aX5). R. ALEXANDER AC UNITED STATES ATTORNEY VILLAFARA ASSISTANT UNITED STATES ATT F T 2 US_Atty_Cor_007 EFTA00235333  UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case 1'0'0. UNITDATES 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 thitfendant") 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 J ill 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(d)(2) 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 2. T over the age of 16 years, that is, M.; in violation of Title 18, United States Code, Secti The defendant is aware that the sentence will be imposed by the Court after I I 3(aX5). considering the Federal Sentencing Guidelines and Policy Statements (hereinafter Page 1 of 7 US_Atty_Cor_008 EFTA00235334 "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 so ft 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 such sentence may be either more seven or less 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 and 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 maximwn term of imprisonment of up to one (I) year, to be followed by a term of supervised release of up to a maximum of f (I) 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 US_Atty_Cor_009 EFTA00235335 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. 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 agreesthat,ifanyoftheviictimsidentiAbdinthefederal 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 defendant will not contest that the identified victims are persons who, while mi noT, e victims of violations of Title 18, United States Code, Sections(s) 2422 and/or 2423. The hod 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 US_Atty_Cor_001 EFTA00235336 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 counsel contact the identified victims through that guardian. The defendant agrees to plead guilty (not nolo contendere) to an Information filed by the Palm Beach County State Attorney's Office charging an offense for which 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 recommended 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 wit olding adjudication or sentencing, and without probation or oammu • ct 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 s tation filed by the State H Attorney's Office and to waive the right to appeal his conviction anJ entence 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 US_Atty_Cor_0011 EFTA00235337 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 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 a 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 govern r rnakes 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 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 COLLATERALLY ACK 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 US_Atty_Cor_0012 EFTA00235338 defendant hereby waives all rights conferred by Section 3742 to appeal any sentence imposed, including any restitution order, or to appeal the manner in which the sentence was k) ess the sentence exceeds the maximum permitted by statute or is the result of imposeiw an upw parture 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. 1.,34., 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 • obligations under this Plea Agreement, the United States, and only the United States, 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 mayprosecute'i efendant 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 US_Atty_Cor_001 3 EFTA00235339  To "Joy Letkowite cc 1.9CAS bcc 09114/2007 09:57 AM 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. anti!!!!ll'orne West Pa Be Original Message From: Jay Lefkowitz Sent: Fricia September 19, To: . (USAFLS) Subject: Follow up or ******* *************** **** ***** * ****** * ** ***** ******* 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 • US_Atty_Cor_0014 EFTA00235340  this and may be unlawful. If you have received immediately communication in error, please notify us by land.com, return e-mail or by e-mail to postmaster@kirk and s thereof, destroy this communication and all copie including all attac hment s. US_Atty_Cor_001 5 EFTA00235341  To cc a Vie .cony bcc 09/15/2007 03:16 Subject JE negotiations PM rx A A• alr • Hi Jay — Sorry to trouble you over the weekend. Here are the revised documents with the 403 charge. I have otten some negative reaction to the assault charge with as the victim, since she is considered one of the mate perpetrators of the offenses that we planned to charge in the indictment. Can you talk to Mr. Epstein about a young woman name 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. •c•c< OM sot EOM on c rgIng±t(fl_id 113.pffLs_ va lieen archived by user 'CommonStore/IT/Kirkland-Ellis' on '11/26/2007 01:07:11r >>> «.< Attachment 'OLY Plea Agreement v5 403 and 113 violations.odf has been archived by userSommonStore/117Kbkland-Ellie on '11/26/2007 01:07:57'. >>> US_Atty_Cor_0016 EFTA00235342  UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA D CASE NO. 18 U.S.C. § 403 18 U.S.C. § 113(a)(5) UNITED STATES OF vs. JEFFREY EPSTEIN, Defendant. sr A INFORMATION The United States Attorney charges that: COUNT 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 acco tb y 18 U.S.C. § 3509 to a child victim, that is, Jane Doe #1; in violation of Title 18, United Sta ode, Sections 403 and 2. 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, the defendant, JEFFREY EPSTEIN, US_Atty_Cor_001 7 EFTA00235343 did imowingly commit a simple assault on a person who was over the age of 16 years, that is, U; in violation of Title 18, United States Code, Section 113(a)(5). D It. ALEXANDER ACOSTA UNITED STATES AT. ASSISTANT UNI' ATES ATTORNEY A F T 2 US_Atty_Cor_0018 EFTA00235344  UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA D Case No. UNITED STATES OF AMERICA vs. JEFFREY EPSTEIb Defend PLEA AGREEMENT The United States Attorney fo e Southern District of Florida ("the United States"), and Jeffrey Epstein (hereinafter re d 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 theFfendant 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 l on a person who was over the age of 16 years, that is, 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 US_Atty_Cor_0019 EFTA00235345 "Sentencing Guidelines"). The defendant acknowledges and understands that the Court will compute an advisory sentence under the Sentencing Guidelines and that the applicable guidelityll be determined by the Court relying in part on the results of a Pre-Sentence 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 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 uisentence in light of other statutory concerns, and ir 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 senten in 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. The defendant further understands and acknowledt es that, as to Count 1 of the Information, the Court may impose a statutory maximum term of nprisonment 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 US_Atty_Cor_0020 EFTA00235346 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 D$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 impog on the defendant, which must be paid at or before the time of sentencing. 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 resAon 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 T 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 2423. 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 US_Atty_Cor_0021 EFTA00235347 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 appoin of a guardian ad I item 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 Be ks 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 least (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 • on or community control 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 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 US_Atty_Cor_0022 EFTA00235348 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 ip 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 i background, and to respond to any questions from the Court defendant and the dek dant's 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 T 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 recon-unendation made jointly Page 5 of 7 US_Atty_Cor_0023 EFTA00235349 by both the defendant and the government. 13. WAIVER OF RIGHT TO APPEAL AND COLLATERALLY ATTACK THE SIDENCE. 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 defendant hereby w • all rights conferred by Section 3742 to appeal any sentence imposed, including a Ctitution 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 ftuthAaluntarily 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 governments 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 3742(b), the defendant shall be released from the above waiver of appellate rights. By signing this agreement, efendant acknowledges that he has discussed the appeal waiver set forth in this agreement with his attorney. 14. If the defendant fails in any way to fulfill each one of his obligations under this Plea Agreement, the United States, and only the United States, may elect to be released from its commitments under this Plea Agreement. If the United States elects to void the Plea Page 6 of 7 US_Atty_Cor_0024 EFTA00235350 Agreement because of a breach by the defendant, then the United States agrees not to use the defendant's guilty plea against hint However, the United States may prosecute the defendant for any 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 trial defense to such osecution, except to the extent that such a defense exists as of the date he signs this P1eA Bement. Finally, the defendant understands that his violation of the terms of this Plea Agreement would not entitle him to withdraw his guilty plea. 15. This is the entire agreement and understanding between the United States and the defendant. There are no other a ents, promises, representations, or understandings. Date: By: EL ALTNDER ACOSTA UNII STATES ATTORNEY Date: By: r JEFFREY EPSTEINFDEFENDA NT Date: By: JAY LEFKOWITZ, ESQ. ATTORNEY FOR DEFENDANT Page 7 of 7 US_Atty_Cor_0025 EFTA00235351  To "Jay Lefkowitz" cc om> bcc 09/16/2007 08:49 AM Subject Re: JE negotiations litgaiatakte Hi Jay — Sorry -- I didn't get your message until this morning. I will call you at 9:15. If that doesn't work, let me know a better time, otherwise I will just plan to speak to you at 9:15. Thanks. US_Atty_Cor_0026 EFTA00235352  To *Jay Lofkowitz" < cc om> bcc 09/16/2007 09:07 AM Subject Re: JE negotiations Sounds fine. Thanks. Can you e-mail me the number where you want me to call you? US_Atty_Cor_0027 EFTA00235353  To "Jay LeNewer cc cm> bcc 09/16/2007 10:35AM Subject Re: JE negotiations 'PA - 4441 1!"fgerniVig SiAl cUtg0 3"fek?-iatal Hi Jay — I will wait to hear from you before I change the you call documents back to the 1512, but can you tell me when back whether you had any issues with the language of the plea agreement or the information that I sent earlier? Thanks. US_Atty_Cor_0028 EFTA00235354  To •Jay Lolkowitf cc aegmel.com. bce 09116/200711:41 Subiect Re: a negotiations AM lt and Hi Jay — I looked up some 11th Circuit cases on simple assau nt that found some good language. I also learned that, every mome one is aboard an enclosed civil airplane, they are in the "special e is aircraft jurisdiction of the United States," so the assault charg the really a violation of 49 USC 46506, which doesn't change penalties. e of I have drafted up a factual proffer that I would use at the chang ction plea based upon our brief conversation and the agents' intera home. The agents and I would need to speak with Ms. with Ms. and Ms. Groff briefly to confum that these facts are true. Feel free to make suggestions. ne On an "avoid the press" note, I believe that Mr. Epstein's airpla was was in Miami on the day of the Ms. Groff telephone call. If he can file the charg e in the in Miami-Dade County at the time, then I District Court in Miami, which will hopefully cut the press coverage significantly. Do you want to check that out? I will talk to you later. Thanks. <cc< Attachment 'Epstein Plea Proffer.doe hes been archived by user tonunonStoreill7Kiridand-Ellie on '11/28/2007 01:0817'. >>> US_Atty_Cor_0029 EFTA00235355  To "Jay Lefkowitzs cc om> boc 09/16/2007 03:54 PM Subject Re: 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 and he still doesn't like the factual baths. 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(aX1)(3), with a joint non-binding recommendation of 18 months, so that Mr. Epstein can serve his time federally. 3. (My suggestion only, not 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 21 d guilty and be sentenced after serving his federal time. I. 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 US_Atty_Cor_0030 EFTA00235356 a federal offenses, plead guilty to the state offenses, be sentenced on the 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: As 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 limitations. I have no objection to making a joint recommendation that Mr. Epstein remain out on bond pending his sentencing, but Pm 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 Ad Litem. The three of us sit down and discuss things, US_Atty_Cor_0031 EFTA00235357 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 teams 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 all criminal liability and I will mention "co-conspirators," but I would prefer not to highlight 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 • an immi ation charges against either Ms. El or Ms. Also, on the grand jury subpoenas, I can prepare le