EFTA00215283.pdf

From: Jay Lefkowitz To: " Subject: Re: Draft Agreements? Date: Tue, 18 Sep 2007 12:59:21 +0000 Importance: Normal 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 Lefkowitz cc 09!18:2007 08:44 MI Subject Draft Agreements? Hi Jay — I was hoping there would be things for me to read this morning, but I will try to remain patient. I believe there are only two types of agreements that would apply to this case: (1) a plea agreement to a federal charge or charges; and (2) a non-prosecution agreement (which is really a deferred prosecution agreement because the defendant agrees that if he violates the agreement, the U.S. can prosecute him). A plea agreement is part of the court file. It is not accessible on-line via PACER, but someone can go to the Clerk's Office to obtain a copy. A non-prosecution agreement would not be made public or filed with the Court, but it would remain part of our case file. It probably would be subject to a FOIA request, but it is not something that we would distribute without compulsory process. On the obstruction charges, many of the facts I included in that first proffer were hypothesized based upon our discussions and the agents' observations o We will need to interview her to confirm the accuracy of those facts. On a second count, we could re y on e incident where Mr. Epstein's private investigators followed father, forcing him off the road. Or, if there is something more recent related to any grand jury subpoenas, we could consider that. Hope that helps. EFTA00215283 EFTA00215284