EFTA00215252.pdf

From: Jay Lefkowitz To: Subject: RE: Draft Agreements? Date: Tue, 18 Sep 2007 16:10:59 +0000 Importance: Normal -- are you free for a call this afternoon? what time works best for you? Thanks — Jay To 'Jay Lefkowitz" cc 09/1812007 09:14 AM Subject RE: Draft Agreements? Hi Jay — I know that the U.S. Attorney will not go below 18 months of prison/jail time (and I would strongly oppose the suggestion). From: Jay Letkowilz [maitto Sent: Tuesday, September 18, 2007 8:59 AM To: (USAFLS) Subject: Re: Draft Agreements? an alternative to what we discussed just now might be to plead to one count of 1512, serve 12 months plus supervised release which would be one year of home detention (if we can make that work), followed by two years of probation in the state on the state charges with the first 6 months being community control. To *Jay Lorkowde 09/18/2007 08:44 AM cc Subject Draft Agreements? EFTA00215252  Hi Jay — I was hoping there would be things for me to read this morning, but I will try to remain patient. I believe there are only two types of agreements that would apply to this case: (I) a plea agreement to a federal charge or charges; and (2) a non-prosecution agreement (which is really a deferred prosecution agreement because the defendant agrees that if he violates the agreement, the U.S. can prosecute him). A plea agreement is part of the court file. It is not accessible on-line via PACER, but someone can go to the Clerk's Office to obtain a copy. A non-prosecution agreement would not be made public or filed with the Court, but it would remain part of our case file. It probably would be subject to a FOIA request, but it is not something that we would distribute without compulsory process. On the obstruction charges, many of the facts I included in that first proffer were hypothesized based upon our discussions and the agents' observations of We will need to interview her to confirm the accuracy of those facts. On a second count, we could rely on the incident where Mr. Epstein's private investigators followed as father, forcing him off the road. Or, if there is something more recent related to any grand jury subpoenas, we could consider that. Hope that helps. EFTA00215253