EFTA01206524.pdf

rft.S SLID 54U 5440 EXECUTIVE OFFICE a 002 U.S. Department of Justice United States Attorney Southern District of Florida 99 N.E. 4 SIMI R. ALEXANDER ACOSTA FL 33132 UNITED STATES ATTORNEY (305) 9457-9107- Tckphom (305) 530-6444 - Foulnula December 19, 2007 DELIVERY BY FACSLMILE Lilly Ann Sanchez Fowler White Burnett, PA 1395 Brickell Ave, 14th Floor Miami, FL 33131 Re: Jeffrey Epstein Dear Ms. Sanchez: ting between defense counsel and the Epstein I write to follow up on the December 141h mee myself.' 1 ors, as wel l as our Firs t Ass istan t, the Miami FBI Special Agent in Charge and prosecut t of this ng the defense team is the appropriate recipien write to you because 1 am not certain who amo the defense team, and would thus ask that you ress issu es rais ed by seve ral mem bers of letter. 1 add appropriate defense team members. please provide a copy of this letter to all 4" r, 5 issue.2 M I stated in my December lette First, I would like to address the Section 225 Office and Mr. on Agreement entered into between this my understanding is that the Non-Prosecuti global resolution of his state and federal crim inal ond s to Mr. Eps tein 's desi re to reac h a Epstein resp enumerated sections ility . Und er this Agr eem ent, this District has agreed to defer prosecution for liab ts and exhibits from defense counsel. we have rece ived several hundred pages of argumen Ove r the past two week s, not be interpret as agreement; I resp ond to the seve ral items raised, and our silence should This is not the forum to as a result of defense counsel ess one issue . Your December 11th letter states that wou ld, howe ver, like to addr dte Agreement to provide for the use of appo intrn an proc ess, the USAO proposed an addendum to obje ction s to the ledge of defense counsel selec tor. As I recall this matter, before I had any know an indep ende nt third party meeting in Palm Beach. I did this Addendum to Mr. Lefkowitt at an October objections, I ma sponge proposed the y be a litigi ous selection process. It was only after I proposed this I fores aw wou ld likel in an attempt to avoid what me his enumerated concerns. change that Mr. Letkowitz raised with merated sections y pers on who , while a minor, was a victim of a violation of [enu 2 Section 2255 prov ides that: "fajn a lt of such violation , may sue in any appropriate United States suffe rs pers onal injur y as resu or Title 18] and who cost of the suit, including a damages such person sustains and the District Court and shall recover the actual reasonable attorney's fee." EFTA01206524 .•.••• an/ I TILL, i ; V0 1- AA 305 530 6440 EXECUTIVE OFFICE la 003 ded that the Mr. Epstein satisfies of Title 18 in favor of prosecution by the State of Florida, provi to a "registerable" state offense; (2) three general federal interests: (1) that Mr. Epstein plead guilty ient term of imprisonment; and (3) that this state plea include a binding recommendation for a suffic that the Agreement not harm the interests of his victims. regarding the Section 2255 With this in mind, I have considered defense counsel arguments been to place the victims in the portions of the Agreement. As I previously observed, our intent has convicted at trial. No more; no less. same position as they would have been had Mr. Epstein been intent. During the course of From our meeting, it appears that the defense agrees that this was the 7 and 8, which as I wrote previously, negotiations that intent was reduced to writing in Paragraphs we solve our disagreements over appear far from simple to understand. I would thus propose that e n. I would replace Paragraphs 7 interpretations by saying precisely what we mean, in a simpl fashio and 8 with the following language: of an offense enumerated in "Any person, who while a minor, was a victim of a violation rights to proceed under Title 18, United States Code, Section 2255, will have the same lly and convicted of an Section 2255 as she would have had, if Mr. Epstein been tried federa paragraph, the United States shall enumerated offense. For purposes of implementing this it was prepared to name in an provide Mr. Epstein's attorneys with a list of individuals whom Epstein. Any judicial authority Indictment as victims of an enumerated offense by Mr. ining which evidentiary burdens if interpreting this provision, including any authority determ the parties to place these any a plaintiff must meet, shall consider that it is the intent of been had Mr. Epstein been identified victims in the same position as they would have convicted at trial. No more; no less." rights pursuant to Section 3771. 1 Second, I would like to address the issue of victim's notice of time and place of Mr. understand that the defense objects to the victims being given ed the proposed victim notification letter and Epstein's state court sentencing hearing. I have review draft letter to defense as a courtesy. In the statute. I would note that the United States provided the an already incorporated in the letter several addition, First Assistant United States Attorney Slom that Section 3771 applies to notice of edits that had been requested by defense counsel. I agree as opposed to the state crime. We intend proceedings and results of investigations of federal crimes as required by law. We will defer to the to provide victims with notice of the federal resolution, s to provide victims with notice of the discretion of the State Attorney regarding whether he wishe the information necessary to do so if he wishes. state proceedings, although we will provide him with Florida Statute Section 796.03. At Third, I would like to address the issue raised regarding that Mr. Epstein believes that his conduct does our meeting, Professor Dershowitz took the position raises for me substantial concerns. This Office not satisfy the elements of this offense. His assertion Mr. Epstein pleads guilty to an offense that will not, and cannot, be a party to an agreement in which how best to proceed. he believes he did not commit We are considering 2 EFTA01206525 at AA,. V I TILL, 1 . V4 r AA 41.P5 530 6440 EXECUTIVE OFFICE 004 Agreement was first signed on Finally, I would like to address a more general point. Our in was to use his best efforts to enter his September 24th, 2007. Pursuant to paragraph 11, Mr. Epste As outlined in correspondence between guilty plea and be sentenced no later than October 26, 2007. went. Our prosecutors reiterated to our prosecutors and defense counsel, this deadline came and s, and in fact, asked me several weeks defense counsel several times their concerns regarding delay s. I resisted that invitation. I share ago to declare the Agreement in breach because of those delay what appears to be an 11th hour appeal, this fact because it is background to my frustration with weeks before the now scheduled January 4th plea date. vetted irrespective of timeliness This said, the issues raised are important and must be fully understand that defense counsel shares our concerns. We hope to preserve the January 4th date. I to expedite this process over the desire not to move that appearance and will work with our office se counsel may wish to seek review next several days. With this in mind, and in the event that defen ay with the Assistant Attorney of our determinations in Washington D.C., I spoke this past Mond to grant the potential request for review, General Fisher, to inform her of a possible appeal, to ask her pt to preserve the January 4th plea date. and to in fact review this case in an expedited manner to attem e ever to force the hand of a I want to again reiterate that it is not the intention of this Offic Your client has the right to proceed to trial, defendant to enter into an agreement against his wishes. it the elements of the charged offense. and he should do so if he believes that he did not comm interim, I would ask that you I will respond to the pending issues shortly. In the and 3371 issues as quickly as possible. communicate your position with respect to the sections 2255 Sincerely, R. ALEXANDER ACOSTA UNITED STATES ATTORNEY cc: Alice Fisher, Assistant Attorney General Jeffrey Slotnan, First Assistant U.S. Attorney AUSA A. Marie Villafarla 3 EFTA01206526