EFTA00189159.pdf

Villafana, Ann Marie C. (USAFLS) From: Villafana. Ann Marie C. (USAFLS) Sent: Thursday, September 20.2007 5:33 PM To: Laurie, Andrew Subject: RE: Draft Plea Agreement I usually start with, "If the case had gone to trial, the United States would prove the following facts beyond a reasonable doubt." I am just looking forward to hearing what Sarah and Nadia actually tell us. A. Marie Villafaha 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: Lourie, Andrew Sent: Thursday, September 20, 2007 5:10 PM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Draft Plea Agreement Can we say "this is what the evidence would show if this case went to trial"? Original Message From: Villafana, Ann Marie C. (USAFLS) [mailto:[email protected]] Sent: Thursday, September 20, 2007 3:34 PM To: Lourie, Andrew Subject: RE: Draft Plea Agreement This is what I wrote up, but it is based solely on what Jay has told me. The agents have to actually interview Kellen and Marcinkova before I can finalize this. A. Marie Villafaha 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: Lourie, Andrew Sent: Thursday, September 20, 2007 2:54 PM To: Villafana, Ann Marie C. (USAFLS) 3017 O8-8O736-CV-MARRA P-O1415O EFTA00189159 Subject: RE: Draft Plea Agreement Pls send me your factual proffer Original Message From: Villafana, Ann Marie C. (USAFLS) [mailto:[email protected]] Sent: Wednesday, September 19, 2007 4:06 PM To: Garcia, Rolando (USAFLS); Lourie, Andrew Subject: FW: Draft Plea Agreement Here are their new versions. A. Marie Villafaha Assistant U.S. Attorney 561 209-1047 Original Message From: Jay Lefkowitz (mailto:[email protected]] Sent: Wednesday, September 19, 2007 3:44 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Fw: Draft Plea Agreement Confidential For settlement purposes only Marie - I wanted to get this to you before I took off for nyc. I am landing at 7 and would like to speak shortly thereafter. I am still considering which of the options you suggested Sunday. In this email, I am sending you a redline of your federal resolution. I am also working on a deferred prosecution agreement because it may well be that we cannot reach agreement here. I don't think there are that many issues left open, although clearly we still need to have further discussions. I also like your suggestion from Sunday that we consider a C plea. I know that Alex would have to sign off on it and that he has not done so as of now. Regarding my schedule, I am available tonight to speak, all afternoon tomorrow (I am in fed court in nyc on another criminal matter tomorrow am), and then all day Friday. I will plan on seeing you Monday. I am confident that one of the approaches we have discussed will work out. Jay Original Message 3018 08-80736-CV-MARRA P-014151 EFTA00189160  From: Jay Lefkowitz Sent: 09/19/2007 03:35 PM EDT To: Jay Lefkowitz Subject: Draft Plea Agreement (See attached file: 9.19.07 Draft Plea Agreement (Clean).doc) (See attached file: 9.19.07 Draft Plea Agreement (Redlined).doc) *********.liti#4*.kti#4.4,************************************** 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 destroy this communication and all copies thereof, including all attachments. **********************4[4(fifl******************************* 3019 08-80736-CV-MARRA P-014152 EFTA00189161 Villafana, Ann Marie C. (USAFLS) From: Villafana. Ann Marie C. (USAFLS) Sent: Thursday, September 20, 2007 3:35 PM To: Lourie, Andrew Subject: RE: small thoughts re agreement Hi Andy — I haven't seen a new non-pros agreement. but the last one they sent had all the same problems that were in their plea agreement. If I get one. I will let you know. A. Marie Villafenla Assistant U.S. Attorney 500 S. Australian Ave. Suite 400 West Palm Beach. FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Lourie, Andrew Sent: Thursday, September 20, 2007 2:52 PM To: Villafana, Ann Mane C. (USAFLS) Subject: RE: small thoughts re agreement I don't like 10. esp the reference to the petite policy. I sent an email to Alex telling him my thoughts. He will let you know directly what he wants you to do. Sorry but I am out of pocket until about 6:00 so you will have to send it. But as I said, I think Jay wants to go with the nonpros, which I have not even reviewed yet. From: Villafana, Ann Marie C. (USAFLS) (rnallto:Ann.Mane.C.Villafana©usdo).gov] Sent: Thursday, September 20, 2007 1:56 PM To: Lourie, Andrew Subject: RE: small thoughts re agreement Importance: High Ili Andy — litre is the latest plea agreement, incorporating your thoughts and Alex's thoughts (see my earlier e- mail about paragraph 10) and the proposed Information. Can you take one last look, and then send it off to Jay? ulefkowitz@,tkirkland.com] And in your e-mail can you tell him that this is the agreement approved by the U.S. Attorney and I need to know by tomorrow at 2:00 or so, so I can file the Info, get a judicial assignment, and try to set up an arraignment and change of plea for Monday? You also might want to remind them that there is at least 70 days between the plea and sentencing (plus the post-sentencing time to self-surrender), so they will have plenty of time to do everything else and to get Jeffrey's businesses wrapped up. Thank you! P.S. Are you sure you don't want to review the indictment rather than making Rolando wade through everything? .4. Marie Villalatia Assistant U.S. Attorney 500 S. Australian Ave. Suite 400 West Palm Beach. Fl. 33401 Phone 561 209-1047 Fax 561 820-8777 3027 08-80736-CV-MARRA P-014153 EFTA00189162 From: Loune, Andrew Sent: Thursday, September 20, 2007 11:02 AM To: Villafana, Ann Marie C. (USAFLS) Subject: FW: small thoughts re agreement Marie, I think Alex's changes are all good ones Please try to incorporate his suggestions, change the signature block to your name and send as final to Jay. Thanks. 3028 08-80736-CV-MARRA P-014154 EFTA00189163 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Thursday. September 20, 2007 1:56 PM To: Lourie, Andrew Subject: RE: small thoughts re agreement , Attachments: 070919 Information charging 1512.wpd; 070920 10 05 am Plea Agreement 1512 counts wpd Importance: High Ili Andy — Ilere is the latest plea agreement. incorporating your thoughts and Alex's thoughts (see my earlier e- mail about paragraph 10) and the proposed Information. Can you take one last look, and then send it off to Jay? Welkowitzgkirkland.coml And in your e-mail can you tell him that this is the agreement approved by the U.S. Attorney and I need to know by tomorrow at 2:00 or so. so I can file the Info.iget a judicial assignment. and try to set up an arraignment and change of plea for Monday? You also might want to remind them that there is at least 70 days between the plea and sentencing (plus the post-sentencing time to self-surrender). so they will have plenty of time to do everything else and to get Jeffrey's businesses wrapped up. Thank you! P.S. Are you sure you don't want to review the indictment rather than making Rolando wade through everything? • A. Mark, Villgfitha Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach. FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Laurie, Andrew Sent: Thursday, September 20, 2007 11:02 AM To: Villafana, Ann Marie C. (USAFLS) Subject: FVV: small thoughts re agreement Marie. I think Alex's changes are all good ones Please try to incorporate his suggestions. change the signature block to your name and send as final to Jay Thanks 3029 08-80736-CV-MARRA P-014155 EFTA00189164 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Thursday, September 20 2007 12 45 PM To: Lourie, Andrew Subject: RE: small thoughts re agreement Hi Andy — Just one question about paragraph 10 ). I now remember why that was added. That was Alex's suggestion in one of the previous versions. I am going to try to combine all of the thoughts in one paragraph, and can you look at it before it goes out? It should be ready in about 15 minutes. A. Marie Villafana Assistant U.S. Attornell 500 S. Australian Ave. Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Lourie, Andrew Sent: Thursday, September 20, 2007 11:02 AM To: Villafana, Ann Marie C. (USAFLS) Subject: FW: small thoughts re agreement Marie. I think Alex's changes are all good ones. Please try to incorporate his suggestions change the signature block to your name and send as final to Jay Thanks. 3031 08-80736-CV-MARRA P-014156 EFTA00189165