Text extracted via OCR from the original document. May contain errors from the scanning process.
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APPENDIX B
IT APPEARING that the City of Palm Beach Police
Department and the State Attorney’s Offce for the
15th Judicial Circuit in and for Palm Beach County
(hereinafter, the “State Attorney’s Offce”) have
conducted an investigation into the conduct of Jeffrey
Epstein (hereinafter “Epstein”);
IT APPEARING that the State Attorney’s Offce has
charged Epstein by indictment with solicitation of
prostitution, in violation of Florida Statutes Section
796.07;
IT APPEARING that the United States Attorney’s
Offce and the Federal Bureau of Investigation have
conducted their own investigation into Epstein’s
background and any offenses that may have been
committed by Epstein against the United States from
in or around 2001 through in or around September
2007, including:
(1) knowingly and willfully conspiring with others
known and unknown to commit an offense
against the United States, that is, to use a
facility or means of interstate or foreign commerce to knowingly persuade, induce, or entice
minor females to engage in prostitution, in
violation of Title 18, United States Code, Section
2422(b); all in violation of Title 18, United
States Code, Section 371;
(2) knowingly and willfully conspiring with others
known and unknown to travel in interstate
commerce for the purpose of engaging in illicit
sexual conduct, as defned in 18 U.S.C. § 2423(f),
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with minor females, in violation of Title 18,
United States Code, Section 2423(b); all in
violation of Title 18, United States Code, Section
2423(e);
(3) using a facility or means of interstate or foreign
commerce to knowingly persuade, induce, or
entice minor females to engage in prostitution;
in violation of Title 18, United States Code,
Sections 2422(b) and 2;
(4) traveling in interstate commerce for the purpose of engaging in illicit sexual conduct, as
defned in 18 U.S.C. § 2423(f), with minor
females; in violation of Title 18, United States
Code, Section 2423(b); and
(5) knowingly, in and affecting interstate and
foreign commerce, recruiting, enticing, and
obtaining by any means a person, knowing that
the person had not attained the age of 18 years
and would be caused to engage in a commercial
sex act as defned in 18 U.S.C. § 1591(c)(1); in
violation of Title 18, United States Code,
Sections 1591(a)(1) and 2; and
IT APPEARING that Epstein seeks to resolve globally
his state and federal criminal liability and Epstein
understands and acknowledges that, in exchange for
the benefts provided by this agreement, he agrees to
comply with its terms, including undertaking certain
actions with the State Attorney’s Offce;
IT APPEARING, after an investigation of the
offenses and Epstein’s background by both State and
Federal law enforcement agencies, and after due
consultation with the State Attorney’s Offce, that the
interests of the United States, the State of Florida, and
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the Defendant will be served by the following
procedure;
THEREFORE, on the authority of R. Alexander
Acosta, United States Attorney for the Southern
District of Florida, prosecution in this District for
these offenses shall be deferred in favor of prosecution
by the State of Florida, provided that Epstein abides
by the following conditions and the requirements of
this Agreement set forth below.
If the United States Attorney should determine,
based on reliable evidence, that, during the period of
the Agreement, Epstein willfully violated any of the
conditions of this Agreement, then the United States
Attorney may, within ninety (90) days following the
expiration of the term of home confnement discussed
below, provide Epstein with timely notice specifying
the condition(s) of the Agreement that he has violated,
and shall initiate its prosecution on any offense within
sixty (60) days’ of giving notice of the violation. Any
notice provided to Epstein pursuant to this paragraph
shall be provided within 60 days of the United States
learning of facts which may provide a basis for a
determination of a breach of the Agreement.
After timely fulflling all the terms and conditions of
the Agreement, no prosecution for the offenses set out
on pages 1 and 2 of this Agreement, nor any other
offenses that have been the subject of the joint
investigation by the Federal Bureau of Investigation
and the United States Attorney’s Offce, nor any
offenses that arose from the Federal Grand Jury
investigation will be instituted in this District, and the
charges against Epstein if any, will be dismissed.
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Terms of the Agreement:
1. Epstein shall plead guilty (not nolo contendere)
to the Indictment as currently pending
against him in the 15th Judicial Circuit in and
for Palm Beach County (Case No. 2006-cf009495AXXXMB) charging one (1) count of
solicitation of prostitution, in violation of Fl. Stat.
§ 796.07. In addition, Epstein shall plead guilty
to an Information fled by the State Attorney’s
Offce charging Epstein with an offense that
requires him to register as a sex offender, that
is, the solicitation of minors to engage in
prostitution, in violation of Florida Statutes
Section 796.03;
2. Epstein shall make a binding recommendation
that the Court impose a thirty (30) month
sentence to be divided as follows:
(a) Epstein shall be sentenced to consecutive
terms of twelve (12) months and six (6)
months in county jail for all charges, without
any opportunity for withholding adjudication or sentencing, and without probation
or community control in lieu of imprisonment; and
(b) Epstein shall be sentenced to a term of
twelve (12) months of community control
consecutive to his two terms in county jail as
described in Term 2(a), supra.
3. This agreement is contingent upon a Judge
of the 15th Judicial Circuit accepting and
executing the sentence agreed upon between
the State Attorney’s Offce and Epstein, the
details of which are set forth in this agreement.
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4. The terms contained in paragraphs 1 and 2,
supra, do not foreclose Epstein and the State
Attorney’s Offce from agreeing to recommend
any additional charge(s) or any additional
term(s) of probation and/or incarceration.
5. Epstein shall waive all challenges to the
Information fled by the State Attorney’s Offce
and shall waive the right to appeal his conviction and sentence, except a sentence that
exceeds what is set forth in paragraph (2),
supra.
6. Epstein shall provide to the U.S. Attorney’s
Offce copies of all proposed agreements with
the State Attorney’s Offce prior to entering into
those agreements.
7. The United States shall provide Epstein’s
attorneys with a list of individuals whom it has
identifed as victims, as defned in 18 U.S.C.
§ 2255, after Epstein has signed this agreement
and been sentenced. Upon the execution of this
agreement, the United States, in consultation
with and subject to the good faith approval
of Epstein’s counsel, shall select an attorney
representative for these persons, who shall be
paid for by Epstein. Epstein’s counsel may
contact the identifed individuals through that
representative.
8. If any of the individuals referred to in paragraph (7), supra, elects to fle suit pursuant to
18 U.S.C. § 2255, Epstein will not contest the
jurisdiction of the United States District Court
for the Southern District of Florida over his
person and/or the subject matter, and Epstein
waives his right to contest liability and also
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waives his right to contest damages up to an
amount as agreed to between the identifed
individual and Epstein, so long as the identifed
individual elects to proceed exclusively under
18 U.S.C. § 2255, and agrees to waive any other
claim for damages, whether pursuant to state,
federal, or common law. Notwithstanding this
waiver, as to those individuals whose names
appear on the list provided by the United
States, Epstein’s signature on this agreement,
his waivers and failures to contest liability and
such damages in any suit are not to be
construed as an admission of any criminal or
civil liability.
9. Epstein’s signature on this agreement also is
not to be construed as an admission of civil or
criminal liability or a waiver of any jurisdictional or other defense as to any person whose
name does not appear on the list provided by the
United States.
10. Except as to those individuals who elect to
proceed exclusively under 18 U.S.C. § 2255, as
set forth in paragraph (8), supra, neither
Epstein’s signature on this agreement, nor its
terms, nor any resulting waivers or settlements
by Epstein are to be construed as admissions or
evidence of civil or criminal liability or a waiver
of any jurisdictional or other defense as to any
person, whether or not her name appears on the
list provided by the United States.
11. Epstein shall use his best efforts to enter his
guilty plea and be sentenced not later than
October 26, 2007. The United States has no
objection to Epstein self-reporting to begin
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serving his sentence not later than January 4,
2008.
12. Epstein agrees that he will not be afforded any
benefts with respect to gain time, other than
the rights, opportunities, and benefts as any
other inmate, including but not limited to,
eligibility for gain time credit based on standard
rules and regulations that apply in the State of
Florida. At the United States’ request, Epstein
agrees to provide an accounting of the gain time
he earned during his period of incarceration.
13. The parties anticipate that this agreement will
not be made part of any public record. If the
United States receives a Freedom of Information
Act request or any compulsory process commanding the disclosure of the agreement, it will
provide notice to Epstein before making that
disclosure.
Epstein understands that the United States Attorney
has no authority to require the State Attorney’s Offce
to abide by any terms of this agreement. Epstein
understands that it is his obligation to undertake
discussions with the State Attorney’s Offce and to
use his best efforts to ensure compliance with these
procedures, which compliance will be necessary to
satisfy the United States’ interest. Epstein also
understands that it is his obligation to use his best
efforts to convince the Judge of the 15th Judicial
Circuit to accept Epstein’s binding recommendation
regarding the sentence to be imposed, and understands
that the failure to do so will be a breach of the
agreement.
In consideration of Epstein’s agreement to plead
guilty and to provide compensation in the manner
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described above, if Epstein successfully fulflls all
of the terms and conditions of this agreement, the
United States also agrees that it will not institute any
criminal char es against any potential co-conspirators
of Epstein, including but not limited to xxxxxxxxxxxx
xxxxxxxxxxxxxxxxxxxxxxxxx. Further, upon execution
of this agreement and a plea agreement with the State
Attorney’s Offce, the federal Grand Jury investigation
will be suspended, and all pending federal Grand Jury
subpoenas will be held in abeyance unless and until
the defendant violates any term of this agreement. The
defendant likewise agrees to withdraw his pending
motion to intervene and to quash certain grand jury
subpoenas. Both parties agree to maintain their
evidence, specifcally evidence requested by or directly
related to the grand jury subpoenas that have been
issued, and including certain computer equipment,
inviolate until all of the terms of this agreement have
been satisfed. Upon the successful completion of the
terms of this agreement, all outstanding grand jury
subpoenas shall be deemed withdrawn.
By signing this agreement, Epstein asserts and
certifes that each of these terms is material to this
agreement and is supported by independent consideration
and that a breach of any one of these conditions allows
the United States to elect to terminate the agreement
and to investigate and prosecute Epstein and any other
individual or entity for any and all federal offenses.
By signing this agreement, Epstein asserts and
certifes that he is aware of the fact that the Sixth
Amendment to the Constitution of the United States
provides that in all criminal prosecutions the accused
shall enjoy the right to a speedy and public trial.
Epstein further is aware that Rule 4 8(b) of the Federal
Rules of Criminal Procedure provides that the Court
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may dismiss an indictment, information, or complaint
for unnecessary delay in presenting a charge to the
Grand Jury, fling an information, or in bringing a
defendant to trial. Epstein hereby requests that the
United States Attorney for the Southern District of
Florida defer such prosecution. Epstein agrees and
consents that any delay from the date of this Agreement
to the date of initiation of prosecution, as provided for
in the terms expressed herein, shall be deemed to be a
necessary delay at his own request, and he hereby
waives any defense to such prosecution on the ground
that such delay operated to deny him rights under
Rule 4 8(b) of the Federal Rules of Criminal Procedure
and the Sixth Amendment to the Constitution of
the United States to a speedy trial or to bar the
prosecution by reason of the running of the statute of
limitations for a period of months equal to the period
between the signing of this agreement and the breach
of this agreement as to those offenses that were the
subject of the grand jury’s investigation. Epstein
further asserts and certifes that he understands that
the Fifth Amendment and Rule 7(a) of the Federal
Rules of Criminal Procedure provide that all felonies
must be charged in an indictment presented to a grand
jury. Epstein hereby agrees and consents that, if a
prosecution against him is instituted for any offense
that was the subject of the grand jury’s investigation,
it may be by way of an Information signed and fled by
the United States Attorney, and hereby waives his
right to be indicted by a grand jury as to any such offense.
By signing this agreement, Epstein asserts and
certifes that the above has been read and explained to
him. Epstein hereby states that he understands the
conditions of this Non-Prosecution Agreement and
agrees to comply with them.
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Dated:
By:
A. MARIE VILLAFAÑA
Dated: 9/24/07
/s/ Jeffrey Epstein
JEFFREY EPSTEIN
Dated:
Dated:
By signing this agreement, Epstein asserts and
certifes that the above has been read and explained to
him. Epstein hereby states that he understands the
conditions of this Non-Prosecution Agreement and
agrees to comply with them.
Dated: 9/27/07
By: /s/ A. Marie Villafaña
A. MARIE VILLAFAÑA
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Dated:
JEFFREY EPSTEIN
Dated: 9/24/07
/s/ Gerald Lefcourt
Dated:
By signing this agreement, Epstein asserts and
certifes that the above has been read and explained to
him. Epstein hereby states that he understands the
conditions of this Non-Prosecution Agreement and
agrees to comply with them.
Dated:
By:
A. MARIE VILLAFAÑA
Dated:
JEFFREY EPSTEIN
Dated:
Dated: 9-24-07
/s/ Lilly Ann Sanchez
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ADDENDUM TO THE
IT APPEARING that the parties seek to clarify
certain provisions of page 4, paragraph 7 of the NonProsecution Agreement (hereinafter “paragraph 7”),
that agreement is modifed as follows:
7A. The United States has the right to assign to an
independent third-party the responsibility for
consulting with and, subject to the good faith
approval of Epstein’s counsel, selecting the
attorney representative for the individuals
identifed underthe Agreement. If the United
States elects to assign this responsibility to an
independent third-patty, both the United States
and Epstein retain the right to make good faith
objections to the attorney representative suggested by the independent third-party prior to
the fnal designation of the attorney representative.
7B. The parties will jointly prepare a short written
submission to the independent third-party
regarding the role of the attorney representative and regarding Epstein’s Agreement to pay
such attorney representative his or her regular
customary hourly rate for representing such
victims subject to the provisions of paragraph C,
infra.
7C. Pursuant to additional paragraph 7A, Epstein
has agreed to pay the fees of the attorney
representative selected by the independent
third party. This provision, however, shall not
obligate Epstein to pay the fees and costs of
contested litigation fled against him. Thus, if
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after consideration of potential settlements, an
attorney representative elects to fle a contested
lawsuit pursuant to 18 U,S.C. s 2255 or elects to
pursue any other contested remedy, the paragraph 7 obligation of the Agreement to pay the
costs of the attorney representative, as opposed
to any statutory or other obligations to pay
reasonable attorneys fees and costs such as
those contained in s 2255 to bear the costs of the
attorney representative, shall cease.
By signing this Addendum, Epstein asserts and
certifes that the above has been read and explained to
him. Epstein hereby, states that he understands the
clarifcations to the Non-Prosecution Agreement and
agrees to comply with them.
Dated: 10/30/07
By: /s/ [Illegible]
for A. MARIE VILLAFAÑA
Dated: 10/29/07
/s/ Jeffrey Epstein
JEFFREY EPSTEIN
Dated:
Dated:
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By signing this Addendum, Epstein asserts and
certifes that the above has been read and explained to
him. Epstein hereby states that he understands the
clarifcations to the Non-Prosecution Agreement and
agrees to comply with them.
Dated: 10/30/07
By: /s/ [Illegible]
for A. MARIE VILLAFAÑA
Dated:
JEFFREY EPSTEIN
Dated: 10/29/07
/s/ Gerald Lefcourt
Dated:
By signing this Addendum, Epstein asserts and
certifes that the above has been read and explained to
him. Epstein hereby states that he understands the
clarifcations to the Non-Prosecution Agreement and
agrees to comply with them.
Dated: 10/30/07
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By: /s/ [Illegible]
for A. MARIE VILLAFAÑA
Dated:
JEFFREY EPSTEIN
Dated:
Dated: 10-29-07
/s/ Lilly Ann Sanchez