Villafana, Ann Marie C. (USAFLS)

Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Monday, June 18, 2007 5:04 PM To: Menchel, Matthew (USAFLS); Sloman, Jeff (USAFLS); Lourie, Andrew (USAFLS); Atkinson, Karen (USAFLS) Subject: Epstein I just received a call from the FBI telling me that Vanity Fair is sniffing around again. The reporter is a former detective. He told the FBI agent that his sources tell him "the State has been bought off," and asked if our investigation had been sent to "the circular file." Nesbitt responded, "All I can tell you is that we have an open investigation." On another note, I am going to see the grand jury tomorrow and I anticipate a number of questions regarding the status of the indictment. I'm not sure what, if anything, I can tell them. And I did not hear back regarding making changes to the indictment. Can I get some feedback on that? Thank you. A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Tracking: 128 EFTA00193954 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Thursday, June 21, 2007 3:24 PM To: Menchel, Matthew (USAFLS) Subject: RE: Meeting Next Week Sounds good. I will stop by on Monday afternoon. Could you just let you assistant know that I may be stopping by to get a copy of whatever the defense sends over? Thanks. A. Marie Valeria Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Menchel, Matthew (USAFLS) Sent: Thursday, June 21, 2007 2:58 PM To: Villafana, Ann Marie C. (USAFLS) Cc: Lourle, Andrew (USAFLS) Subject: RE: Meeting Next Week Meeting on Monday is fine. I have meetings with Alex and Jeff till around 11 but after that I'm free. As for who is going to be at the meeting from our side, I thought you, me, Andy, and Jeff. I thought it best to leave Alex out of it at this venture. As for the Epstein camp, I'm not entirely sure because I don't think Lily was sure last time we spoke. Probably her, Lefcourt, Black and maybe Lewis. Lily told me that they wanted to present something in writing before the meeting which was why she was pushing us for the statutes. I view the-meeting more as-us-listening and them-presenting their-position so-twould say that-you don't— need to prepare anything (you are quite knowledgeable on the law in any event) but if you disagree we can discuss on Monday. As for the documents that they have yet to produce, I'll mention it to Lily if you like or we can raise it with them at the Tuesday meeting. From: Vlllafana, Ann Marie C. (USAFLS) Sent: Thursday, June 21, 2007 1:37 PM To: Menchel, Matthew (USAFLS) Cc: Atkinson, Karen (USAFLS); McMillan, John (USAFLS); Lourie, Andrew (USAFLS); Slornan, Jeff (USAFLS) Subject: Meeting Next Week Importance: High Hi Matt: I would like to prepare for next week's meeting, and I am wondering if you can tell me who will attend, both from our side and for Mr. Epstein. I am hoping that we can meet on Monday to discuss any issues and/or strategy before the meeting on Tuesday, so please let me know when you will be available on Monday. 114 EFTA00193955 EFTA00193956 "Sloman, Jeff (USAFLS)" <[email protected]> 11/27/2007 01:55 PM To "Jay Lefkowitz" <[email protected]> cc "Acosta, Alex (USAFLS)" <[email protected]> Subject Epstein Jay, Please accept my apologies for not getting back to you sooner but I was a little under the weather yesterday. I hope that you enjoyed your Thanksgiving. Regarding the issue of due diligence concerning Judge ' selection, I'd like to make a few observations. First, Guy Lewis has known for some that Judge was making reasonable efforts to secure Aaron.Podhurst and Bob Josephsberg for this assignment. In fact, when I told you of Judge selection during our meeting last Wednesday, November 21st, you and Professor Dershoilli!!!med very comfortable, and certainly not surprised, with the selection. Podhurst and Josephsberg are no strangers to nearly the entire Epstein defense team including Guy Lewis, Lili Ann Sanchez, Roy Black, and, apparently, Professor Dershowitz who said he knew Mr. Josephsberg from law school. Second, Podhurst and Josephsberg have long- standing stellar reputations for their legal acumen and ethics. It's hard for me to imagine how much more vetting needs to be done. The United States has a statutory obligation (Justice for All Act of 2004) to notify the victims of the anticipated upcoming events and their rights associated with the agreement entered into by the United States and Mr. Epstein in a timely fashion. Tomorrow will make one full week since you were formally notified of the selection. I must insist that the vetting process come to an end. Therefore, unless you provide me with a good faith objection to Judge selection by COB tomorrow, November 28, 2007, I will authorize the notification of the victims. Should you give me the go-ahead on Podhurst and Josephsberg selection by COB tomorrow, I will simultaneously send you a draft of the letter. I intend to notify the victims by letter after COB Thursday, November 29th. Thanks, Jeff 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. 3 EFTA00193957 EFTA00193958 back to work after the Thanksgiving Holiday, and yet your demands regarding timing suggest that I have been sitting on my hands for days. You should know that the first time I learned about Judge selection of Podhurst and Josephsberg, and indeed the first time I ever heard their names, was in our meeting with you on Wednesday of last week. Nevertheless, I have now been able to confer with my client, and we have determined that the selection of Podhurst and Josephsberg are acceptable to us, reserving, of course, our previously stated objections to the manner in which you have interpreted the section 2255 portions of the Agreement. We do, however, strongly and emphatically object to your sending a letter to the alleged victims. Without a fair opportunity to review and the ability to make objections to this letter, it is completely unacceptable that you would send it without our consideration. Additionally, given that the US Attorney's office has made clear it cannot vouch for the claims of the victims, it would be incendiary and inappropriate for your Office to send such a letter. Indeed, because it is a certainty that any such letter would immediately be leaked to the press, your actions will only have the effect of injuring Mr. Epstein and promoting spurious civil litigation directed at him. We believe it is entirely unprecedented, and in any event, inappropriate for the Government to be the instigator of such lawsuits. Finally, we disagree with your view that you are required to notify the alleged victims pursuant to the Justice for All Act of 2004. First, 18 USC section 2255, the relevant statute under the Non-Prosecution Agreement for the settlement of civil remedies, does not have any connection to the Justice for All Act. Section 2255 was enacted as part of a different statute. Second, the Justice for All Act refers to restitution, and section 2255 is not a restitution statute. It is a civil remedy. As you know, we had offered to provide a restitution fund for the alleged victims in this matter; however that option was rejected by your Office. Had that option been chosen, we would not object to your notifying the alleged victims at this point. At this juncture, however, we do not accept your contention that there is a requirement that the government notify the alleged victims of a potential civil remedy in this case. Accordingly, for all the reasons we have stated above, we respectfully -- and firmly -- object to your sending any letter whatsoever to the alleged victims in this matter. Furthermore, if a letter is to be sent to these individuals, we believe we should have a right to review and make objections to that submission prior to it being sent to any alleged victims. We also request that if your Office believes that it must send a letter to go to the alleged victims, who still have not been identified to us, it should happen only after Mr. Epstein has entered his plea. This letter should then come from the attorney representative, and not from the Government, to avoid any bias. As you know, Judge Starr has requested a meeting with Assistant Attorney General Fisher to address what we believe is the unprecedented nature of the section 2255 component of the Agreement. We are hopeful that this meeting will take place as early as next week. Accordingly, we respectfully request that we postpone our discussion of sending a letter to the alleged victims until after that meeting. We strongly believe that rushing to send any letter out this week is not the wisest manner in which to proceed. Given that Mr. Epstein will not even enter his plea for another few weeks, time is clearly not of the essence regarding any notification to the identified individuals. Thanks very much, Jay 2 EFTA00193959 EFTA00193960 Villafana, Ann Marie C. (USAFLS) From: Lourie, Andrew Sent: Wednesday, November 28, 2007 5:02 PM To: Villafana, Ann Marie C. (USAFLS); Oosterbaan, Andrew Cc: Garcia, Rolando (USAFLS) Subject: Re: Epstein Ok thx. Would you send me your last proposed nonpros with them with the 2255 language? Original Message From: Villafana, Ann Marie C. (USAFLS) <[email protected]> To: Lourie, Andrew; Oosterbaan, Andrew Cc: Garcia, Rolando (USAFLS) <RGarciarglusa.doj.gov> Sent: Wed Nov 28 16:48:48 2007 Subject: FW: Epstein Hi Andy and Drew -- This is the first that I have heard about another attempt to meet with someone in Washington. I thought I would give you a heads up. Hope all is well, Andy. A. Marie Villafana 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: Sloman, Jeff (USAFLS) Sent: Wednesday, November 28, 2007 4:35 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Fw: Epstein Marie, Can u send Jay the proposed letter and redact the names? Thx, Jeff Sent from my BlackBerry Wireless Handheld Original Message From: Jay Lefkowitz <JLefkowitzekirkland.com> To: Sloman, Jeff (USAFLS) Cc: Acosta, Alex (USAFLS) Sent: Wed Nov 28 16:29:09 2007 Subject: Re: Epstein Dear Jeff: I received your email yesterday and was a little surprised at the tone of your letter, given the fact that we spoke last week and had what I thought was a productive meeting. I was especially surprised given that your letter arrived on only the second day EFTA00193961 EFTA00193962 Thelinited States has a statutory obligation (Justice for All Act of 2004) to notify the victims of the anticipated upcoming events and their rights associated with the agreement entered into by the United States and Mr. Epstein in a timely fashion. Tomorrow will make one full week since you were formally notified of the selection. I must insist that the vetting process come to an end. Therefore, unless you provide me with a good faith objection to Judge selection by COB tomorrow, November 28, 2007, I will authorize the notification of the victims. Should you give me the go-ahead on Podhurst and Josephsberg selection by COB tomorrow, I will simultaneously send you a draft of the letter. I intend to notify the victims by letter after COB Thursday, November 29th. Thanks, Jeff 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 postmastentkirkland.com, and destroy this communication and all copies thereof, including all attachments. 3 EFTA00193963 EFTA00193964 that there'is a'requirement that the government notify the alleged victims of a potential civil remedy in this case. .Accordingly, for all the reasons we have stated above, we respectfully -- and firmly -- object to your sending any letter whatsoever to the alleged victims in this matter. Furthermore, if a letter is to be sent to these individuals, we believe we should have a right to review and make objections to that submission prior to it being sent to any alleged victims. We also request that if your Office believes that it must send a letter to go to the alleged victims, who still have not been identified to us, it should happen only after Mr. Epstein has entered his plea. This letter should then come from the attorney representative, and not from the Government, to avoid any bias. As you know, Judge Starr has requested a meeting with Assistant Attorney General Fisher to address what we believe is the unprecedented nature of the section 2255 component of the Agreement. We are hopeful that this meeting will take place as early as next week. Accordingly, we respectfully request that we postpone our discussion of sending a letter to the alleged victims until after that meeting. We strongly believe that rushing to send any letter out this week is not the wisest manner in which to proceed. Given that Mr. Epstein will not even enter his plea for another few weeks, time is clearly not of the essence regarding any notification to the identified individuals. Thanks very much, Jay "Sloman, Jeff (USAFLS)" <[email protected]> 11/27/2007 01:55 PM To "Jay Lefkowitz" ([email protected]> cc "Acosta, Alex (USAFLS)" ([email protected]> Subject Epstein Jay, Please accept my apologies for not getting back to you sooner but I was a little under the weather yesterday. I hope that you enjoyed your Thanksgiving. Regarding the issue of due diligence concerning Judge selection, I'd like to make a few observations. First, Guy Lewis has known for some What Judge IIIII was making reasonable efforts to secure Aaron Podhurst and Bob Josephsberg for this assignment. In fact, when I told you of Judge selection during our meeting last Wednesday, November 21st, you and Professor Dershowitz seemed very comfortable, and certainly not surprised, with the selection. Podhurst and Josephsberg are no strangers to nearly the entire Epstein defense team including Guy Lewis, Lili Ann Sanchez, Roy Black, and, apparently, Professor Dershowitz who said he knew Mr. Josephsberg from law school. Second, Podhurst and Josephsberg have long- standing stellar reputations for their legal acumen and ethics. It's hard for me to imagine how much more vetting needs to be done. 2 EFTA00193965 EFTA00193966 Villafana, Ann Marie C. (USAFLS) From: Sloman, Jeff (USAFLS) Sent: Wednesday, November 28, 2007 4:35 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Fw: Epstein Marie, Can u send Jay the proposed letter and redact the names? Thx, Jeff Sent from my BlackBerry Wireless Handheld Original Message From: Jay Lefkowitz <[email protected]> To: Sloman, Jeff (USAFLS) Cc: Acosta, Alex (USAFLS) Sent: Wed Nov 28 16:29:09 2007 Subject: Re: Epstein Dear Jeff: I received your email yesterday and was a little surprised at the tone of your letter, given the fact that we spoke last week and had what I thought was a productive meeting. I was especially surprised given that your letter arrived on only the second day back to work after the Thanksgiving Holiday, and yet your demands regarding timing suggest that I have been sitting on my hands for days. You should know that the first time I learned about Judge selection of Podhurst and Josephsberg, and indeed the first time I ever heard their names, was in our meeting with you on Wednesday of last week. Nevertheless, I have now been able to confer with my client, and we have determined that the selection of Podhurst and Josephsberg are acceptable to us, reserving, of course, our previously stated objections to the manner in which you have interpreted the section 2255 portions of the Agreement. We do, however, strongly and emphatically object to your sending a letter to the alleged victims. Without a fair opportunity to review and the ability to make objections to this letter, it is completely unacceptable that you would send it without our consideration. Additionally, given that the US Attorney's office has made clear it cannot vouch for the claims of the victims, it would be incendiary and inappropriate for your Office to send such a letter. Indeed, because it is a certainty that any such letter would immediately be leaked to the press, your actions will only have the effect of injuring Mr. Epstein and promoting spurious civil litigation directed at him. We believe it is entirely unprecedented, and in any event, inappropriate for the Government to be the instigator of such lawsuits. Finally, we disagree with your view that you are required to notify the alleged victims pursuant to the Justice for All Act of 2004. First, 18 USC section 2255, the relevant statute under the Non-Prosecution Agreement for the settlement of civil remedies, does not have any connection to the Justice for All Act. Section 2255 was enacted as part of a different statute. Second, the Justice for All Act refers to restitution, and section 2255 is not a restitution statute. It is a civil remedy. As you know, we had offered to provide a restitution fund for the alleged victims in this matter; however that option was rejected by your Office. Had that option been chosen, we would not object to your notifying the alleged victims at this point. At this juncture, however, we do not accept your contention EFTA00193967 Gmail - (no subject) Page 1 of 1 Ann Marie Villafa (no subject) 1 message Jay Lefkowitz< JLefkowitz kirkland.co > To: "Marie Villafana, An Marie - I will call you as soon as the show ends. Jay 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. Sun, Sep 16, 2007 at 12:25 PM EFTA00193968 Gmail - Re: Page 3 of 3 I had hoped that we were far closer to resolving this than it appears that we are. Can I suggest that tomorrow we either meet live or via teleconference, either with your client or having him within a quick phone call, to hash out these items? I was hoping to work only a half day tomorrow to save my voice for Tuesday's hearing and grand jury, if necessary, but maybe we can set a time to meet. If you want to meet "off campus" somewhere, that is fine. I will make sure that I have all the necessary decision makers present or "on call," as well. If we can resolve some of these issues today, let's try to, and then save only the difficult issues for tomorrow. Sorry for the long e-mail, and for ruining your date with your daughter. 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. EFTA00193969 Gmail - Re: Page 2 of 3 Re your paragraph 3: As to the reservation of Mr. Epstein's right to withdraw his state plea or to appeal his state plea or sentence, that is fine, but we need the caveat that, if he were to do so, the United States could proceed on our charges. Re your paragraph 6: With respect to the waiver of the right to appeal the federal sentence, given the way we have drafted the information, it is possible that getting to the 18 month sentence will require an upward departure. The version of the agreement that you were working from is a federal non-prosecution agreement, the ones I have sent you recently are plea agreements that get filed with the court. Please see if the appeal waiver language in those versions is alright. Re your paragraph 7: As I mentioned, we will not waive the presentence investigation. I know that this will delay Mr. Epstein's sentencing by 70 days, but that will allow him to get all of his affairs in order. As to.bail, it will be set at the time of arraignment, and we can work out a joint recommendation regarding the amount and its limitations. I have no objection to making a joint recommendation that Mr. Epstein remain out on bond pending his sentencing, but I'm not sure that it belongs in a plea agreement, especially since I can't bind the court on that issue. However, I can assure you, and we can put it on the record during the plea collooquy, that I will join in your recommendation that he remain out on bond pending sentencing. The same goes for the prison camp issue. As I mentioned, I have opposed a designation only once in a very particular case. I can assure you, and we can put it on the record at the plea colloquy that I will not oppose yoUr recommendation for Mr. Epstein's designation. . Re your paragraph 8: As I mentioned over the telephone, I cannot bind the girls to the Trust Agreement, and I don't think it is appropriate that a state court would administer a trust that seeks to pay for federal civil claims. We both want to avoid unscrupulous attorneys and/or • litigants from coming forward, and I know that your client wants to keep these matters outside of public court filings, but I just don't have the power to do what you ask. Here is my recommendation. During the period between Mr. Epstein's plea and sentencing, I make a motion for appointment of the Guardian _Ad Olen _T_he_tttree.of.us sit_down and .discuss_things,.._..__ and I will facilitate as much as I can getting the girls' approval of this procedure because, as I mentioned, I think it is probably in their best interests. In terms of plea agreement language, let me suggest the following: The United States agrees to make a motion seeking the appointment of a Guardian ad Litem to represent the identified victims. Following the appointment of such Guardian, the parties agree to work together in good faith to develop a Trust Agreement, subject to the Court's approval, that would provide for any damages owed to the identified victims pursuant to 18 U.S.C. Section 2255. Then include the last two sentences of your paragraph 8. Re the two paragraphs following your paragraph 8: I will include our standard language regarding resolving all criminal liability and I will mention "co-conspirators," but I would prefer not to highlight for the judge all of the other crimes and all of the other persons that we could charge. Also, we do not have the power to bind Immigration and we make it a policy not to try to, however, I can tell you that, as far as I know, there is no plan to try to proceed on any immigration charges against either Ms. Ross or Ms. Marcinkova. Also, on the grand jury subpoenas, I can prepare letters withdrawing them as of the signing of the plea agreement, but I would prefer to take out that language. In my eyes, once we have a plea agreement, the grand jury's investigation has ended and there can be no more use of the grand jury's subpoena power. EFTA00193970 Gmail - Re: Page 1 of 3 Gm ail bi cansk Ann Marie Villafana Re: message Jay Lefkowitz< JLefkowi z kirkland To: "Marie Villafana, Ann • Sun, Sep 16, 2007 at 4:08 PM Ok. Hard to respond this second. But I think we are getting there. Will call later. Thx Original Message From: "Ann Marie Villafana Sent: 09/16/2007 03:54 PM To: Jay Lefkowitz Subject: Re: Hi Jay -- This can wait until after the show, but my voice is going so I thought I would type it up. I talked to Andy and he still doesn't like the factual basis. In his opinion, the plea should only address the crimes that we were addressing, and we were not investigating Mr. Epstein abusing his girlfriend. • So, these are the only options that he recommended: 1. We go back to the original agreement where Mr. Epstein pleads only to state charges and serves his time in the state, except that we can agree to only 18 months imprisonment. 2. Mr. Epstein pleads guilty to the state charges and also pleads to either two obstruction counts or to one count of violating 47 USC 223(a)(1)(B), with a joint non-binding recommendation of 18 months, so that Mr. Epstein can serve his time federally. 3. (My suggestion only, not Andy's): I go back to the U.S. Attorney and ask him to agree to an ABA-plea to a 371 count (conspiracy to violate 2422(b)) with a binding 20-month recommendation so that Mr. Epstein can serve all of his time in a federal facility. Or 4. Mr. Epstein pleads to one obstruction count, and serves part of his time federally and part state. On your other proposed changes, some are fine and some are problematic. Re your paragraph 2: As to timing, it is my understanding that Mr. Epstein needs to be sentenced in the state after he is sentenced in the federal case, but not that he needs to plead guilty and be sentenced after serving his federal time. Andy recommended that some of the timing issues be addressed only in the state agreement, so that it isn't obvious to the judge that we are trying to create federal jurisdiction for prison purposes. My understanding is that Mr. Epstein should sign a state plea agreement, plead guilty to the federal offenses, plead guilty to the state offenses, be sentenced on the federal offenses, and then be sentenced on the state offenses, and then start serving the federal sentence. EFTA00193971 Gmail - Re: Page 3 of 3 Also, on the grand jury subpoenas, I can prepare letters withdrawing them as of the signing of the plea agreement, but I would prefer to take out that language. In my eyes, once we have a plea agreement, the grand jury's investigation has ended and there can be no more use of the grand jury's subpoena power. I had hoped that we were far closer to resolving this than it appears that we are. Can I suggest that tomorrow we either meet live or via teleconference, either with your client or having him within a quick phone call, to hash out these items? I Was hoping to work only a half day tomorrow to save my voice for Tuesday's hearing and grand jury, if necessary, but maybe we can set a time to meet If you want to meet "off campus" somewhere, that is fine. I will make sure that I have all the necessary decision makers present or "on call," as well. If we can resolve some of these issues today, let's try to, and then save only the difficult issues for tomorrow. Sorry for the long e-mail, and for ruining your date with your daughter. 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. EFTA00193972 Gmail - Re: Page 2 of 3 we are trying to create federal jurisdiction for prison purposes. My understanding is that Mr. Epstein should sign a state plea agreement, plead guilty to the federal offenses, plead guilty to the state offenses, be sentenced on the federal offenses, and then be sentenced on the state offenses, and then start serving the federal sentence. Re your paragraph 3: As to the reservation of Mr. Epstein's right to withdraw his state plea or to appeal his state plea or sentence, that is fine, but we need the caveat that, if he were to do so, the United States could proceed on our charges. Re your paragraph 6: With respect to the waiver of the right to appeal the federal sentence, given the way we have drafted the information, it is possible that getting to the 18 month sentence will require an upward departure. The version of the agreement that you were working from is a federal non-prosecution agreement, the ones I have sent you recently are plea agreements that get filed with the court. Please see if the appeal waiver language in those versions is alright. Re your paragraph 7: As I mentioned, we will not waive the presentence investigation. I know that this will delay Mr. Epstein's sentencing by 70 days, but that will allow him to get all of his affairs in order. As to bail, it will be set at the time of arraignment, and we can work out a joint recommendation regarding the amount and its limitations. I have no objection to making a joint recommendation that Mr. Epstein remain out on bond pending his sentencing, but I'm not sure that it belongs in a plea agreement, especially since I can't bind the court on that issue. However, I can assure you, and we can put it on the record during the plea collooquy, that I will join in your recommendation that he remain out on bond pending sentencing. The same goes for the prison camp issue. As I mentioned, I have opposed a designation only once in a very particular case. I can assure you, and we can put it on the record at the plea colloquy that I will not oppose your recommendation for Mr. Epstein's designation. Re your paragraph 8: As I mentioned over the telephone, I cannot bind the girls to the Trust Agreement, and I don't think it is appropriate that a state court would administer a trust that seeks to pay for federal-civil claims:- We both want to-avoid unscrupulous attorneys-and/or — litigants from coming forward, and I know that your client wants to keep these matters outside of public court filings, but I just don't have the power to do what you ask. Here is my recommendation. During the period between Mr. Epstein's plea and sentencing, I make a motion for appointment of the Guardian Ad Litem. The three of us sit down and discuss things, and I will facilitate as much as I can getting the girls' approval of this procedure because, as I mentioned, I think it is probably in their best interests. In terms of plea agreement language, let me suggest the following: The United States agrees to make a motion seeking the appointment of a Guardian ad Litem to represent the identified victims. Following the appointment of such Guardian, the parties agree to work together in good faith to develop a Trust Agreement, subject to the Court's approval, that would provide for any damages owed to the identified victims pursuant to 18 U.S.C. Section 2255. Then include the last two sentences of your paragraph 8. Re the two paragraphs following your paragraph 8: I will include our standard language regarding resolving all criminal liability and I will mention "co-conspirators," but I would prefer not to highlight for the judge all of the other crimes and all of the other persons that we could charge. Also, we do not have the power to bind Immigration and we make it a policy not to try to, however, I can tell you that, as far as I know, there is no plan to try to proceed on any immigration charges against either Ms. Ross or Ms. Marcinkova. EFTA00193973 Gmail - Re: Page 1 of 3 Re: 1 message Ann Marie VillafanSIMMINIMMIE Jay Lefkowitz< [email protected]> To: "Marie Villafana, An Sun, Sep 16, 2007 at 5:50 PM Marie - left message for Nat re Leslie. Roy will call you in am tomorrow re rescheduling the hearing and dealing the Riley and the other GJ subpoenas. You have my commitment regarding the extension issue. Thx Original Message From: "Ann Marie Villafana Sent: 09/16/2007 03:54 PM To: Jay Lefkowitz Subject Re: Hi Jay -- This can wait until after the show, but my voice is going so I thought I would type it up. I talked to Andy and he still doesn't like the factual basis. In his opinion, the plea should only address the crimes that we were addressing, and we were not investigating Mr. Epstein abusing his girlfriend. —So, these are the-only-options-that-he recommended:- - 1. We go back to the original agreement where Mr. Epstein pleads only to state charges and serves his time in the state, except that we can agree to only 18 months imprisonment. 2. Mr. Epstein pleads guilty to the state charges and also pleads to either two obstruction counts or to one count of violating 47 USC 223(a)(1)(B), with a joint non-binding recommendation of 18 months, so that Mr. Epstein can serve his time federally. 3. (My suggestion only, not Andy's): I go back to the U.S. Attorney and ask him to agree to an ABA-plea to a 371 count (conspiracy to violate 2422(b)) with a binding 20-month recommendation so that Mr. Epstein can serve all of his time in a federal facility. Or 4. Mr. Epstein pleads to one obstruction count, and serves part of his time federally and part state. On your other proposed changes, some are fine and some are problematic. Re your paragraph 2: As to timing, it is my understanding that Mr. Epstein needs to be • sentenced in the state after he is sentenced in the federal case, but not that he needs to plead guilty and be sentenced after serving his federal time. Andy recommended that some of the timing issues be addressed only in the state agreement, so that it isn't obvious to the judge that EFTA00193974 Gmail - Re: Draft Agreement Page 2 of 2 Agreement (without Term 1) (Redlined).doc" deleted by Jay Lefkowitz/New York/Kirkland-Ellis] . 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 corrimunication 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. EFTA00193975 Gmail - Re: Draft Agreement Page 1 of 2 Gnali b,G003k Ann Marie VillafanaellIMIMI Re: Draft Agreement 1 message Jay Lefkowitz< [email protected]> Sun, Sep 23, 2007 at 1:57 PM To: Ami Sheth <[email protected]>, "Villafana, Ann Marie C. USAFLS " <[email protected]>, "Marie Villafana, Ann Marie - if 2 pm doesn't work, can we arrange to go through the entire document at 5 pm?. Thanks. Jay Original Message From: Ami Sheth Sent: 09/23/2007 01:56 PM EDT To: "Villafana, Ann Marie C. \(USAFLS\)" Ann.Marie.C.Villafana usdd QV]; Cc: Jay Lefkovvitz Subject: Draft Agreement Marie - Jay is having some computer trouble and asked me to send this e-mail to you. Attached is a draft for discuslion purposes aryour convenience for s`ome time this afternoon. It does not include Term 1 of the • agreement, but it reflects all the issues we would like to discuss with you. Please let Jay know when you are available to speak. Thank you. Sincerely, Ami Ami H. Sheth* I Kirkland & Ellis LLP Citigroup Center 153 East 53rd Street I New York NY 10022 I Direct I Fax as eth@lur and.corn *Admission Pending in New York [attachment "20070923 Draft of Epstein Non-Prosecution EFTA00193976 By signing this Agreement, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he Understands the conditions of this Agreement and agrees to comply with them. Dated: [repeated 3 times] JEFFREY EPSTEIN . GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN • R. ALEXANDER ACOSTA UNITED STATES ATTORNEY EFTA00193977 Epstein's fulfilling the terms and conditions of the Agreement resolves any and all outstanding federal grand jury subpoenas that have requested witness testimony and/or the production of documents and/or computers in relation to the investigation that is the subject of the Agreement. Each subpoena will be withdrawn upon the execution of the Agreement and will not be re-issued absent reliable evidence of a violation of the Agreement. Epstein and his counsel agree that the computers that are currently under subpoena will be safeguarded in their current condition by Epstein's counsel or their agents until the terms and conditions of the Agreement are fulfilled. Provided that Epstein does not breach this agreement, the Government agrees that it will not seek to initiate federal investigation or prosecution for conduct subject to this agreement. Epstein understands that the United States Attorney has no authority to require the State Attorney's Office to abide by any terms of this agreement. Epstein understands that it is his obligation to tuidertake discussion with the State Attorney's Office to ensure compliance with these procedures, which compliance will be neePssary to satisfy the. United States' interest, pursuant to the Petite policy. By signing this agreement, Epstein asserts and certifies 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 for any and all federal offenses listed above at pg 1. By signing this agreement Epstein asserts and certifies 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 48® of the Federal Rules of Criminal Procedure provides that the Court may dismiss an indictment, information, or complaint for unnecessary delay in presenting a charge to the Grand Jury, filing 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 48(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. Epstein further asserts and certifies 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, it may be by way of an Information signed and filed by the United States Attorney, and hereby waives his right to be indicted by a grand jury. EFTA00193978 acknowledging his right to appeal under 18 U.S.C. § 3742, hereby waives the rights contested by § 3742 to appeal any sentence imposed, including any restitution order, or to appeal the manner in .which the sentence was imposed, • unless the sentence exceeds the maximum permitted by statute or is the result of an upward departure or upward variance from the guideline range that the Court establishes at sentencing. 7. Epstein shall enter his guilty plea to the federal Information no later than November 5, 2007. Epstein and the Government agree to submit an agreed statement of facts in lieu of the Pre-Sentence Investigation Report, which chart be waived, and Epstein and the Government agree 'that sentence shall be imposed on the date of plea, that Epstein be released on bail, that travel shall not be restricted during the period of bail and that Epstein be permitted to self- • report to the facility designated by the United States . Bureau of Prisons to commence his sentence 75 days 'after sentencing. Epstein and the Government further agree that the Government shall not object to Epstein's request that the' • Court recommend to the Bureau of Prisons that Epstein be designgited to serve his sentence at a federal prison camp; and . • '8. Epstein agrees to fund a Trust set up in concert with the Government and under the supervision of the 15th Judicial Circuit in and for Palm Beach County. Epstein agrees that a Trustee will be appOinted by the Circuit Court and that• funds from the Trust will be available to be disbursed at the Trustee's discretion to an agreed list of persons who seek reimbursement and make a good faith showing to the Trustee that they suffered injury as a result of the conduct of Epstein. Epstein waives his right to contest liability or damages up to an amount agreed to by the parties for any settlements entered into by the Trustee. • Epstein's waiver is not to be construed as an admission •of civil or criminal liability in regards to any of those who seek compensation from the Trust. After timely fulfilling the terms and conditions of this Agreement, the United States agrees that no prosecution will be instituted or initiated against Epstein for any and all criminal charges which might otherwise in the future be brought against Epstein that arise out of the ongoing FBI. federal investigation for offenses that include but are not limited to those listed above that could be brought under 18 U.S.C. §2423(b),(e) and (f), 18 U.S.C. §2422(b), 18 U.S.C. §1591 or conspiracies or attempts to violate such statutes or for any other offense that is or has been the subject of the federal investigation being conducted by the Federal Bureau of Investigations and/or the United States Attorney's Office. Epstein's fulfilling the terms and conditions of the Agreement also precludes the initiation of any and all criminal charges which might otherwise in the future be brought against Sarah Kellen, Adriana Ross, Lesley Groff, and Nadia Marcinkova or any employee of N.E.S. for any criminal charge that arises out of the ongoing federal investigation as described above; Further, no immigration "proceeding will be instituted against Ross or Marcinkova as a result of the ongoing investigation EFTA00193979 Terms of the Agreement: 1. Epstein shall plead guilty to the irc'minal charge in the Indictment as currently pending against him in the 15th Judicial Circuit in and for Palm Beach County and in addition shall plead guilty to a 1 count Information filed by the State Attorney's Office charging a violation of the following Florida Statute: Procuring person under age of 18 for prostitution in violation of F.S.A. § 796.03. 2. Epstein and the State Attorney's Office shall make a joint, binding recommendation that the Court impose a sentence as follows: (a) Epstein shall enter a plea agreement with the State Attorney's Office forthwith and thereafter enter his plea of guilty to the Indictment (Case # 2006c1009495A3OCX/v1B) on a date after the date of imposition of his federal sentence as described in paragraph 5 and 6, infra but before the beginning of his term of federal imprisonment Epstein shall thereafter be required to enter his plea of guilty to the Information within 7 days after the completion of his federal term of imprisonment. (b) Following the term of federal imprisonmenttpatein shall be placed on three (3) years probation. (c) As a special condition to that probation, Epstein will serve the first (1) year in community control. (d) Following community control, Epstein shall serve the remaining two (2) years of Probation on the charge that presently pending bathe state Indictment 3. Epstein Shall • waive all challenges to the Information filed by the State Attorney's Office and shall waive the right to appeal his conviction and sentence unless the Court imposes a sentence that exceeds the terms of the joint recommendation in which case Epstein reserves the right to withdraw his plea and to exercise at his sole election any other right to appeal 4. Epstein shall provide to the 'U.S. Attorney's Office copies of all proposed agreements with the State Attorney's Office prior to entering into those agreements; 5. Epstein shall plead guilty to an Information Charging one (1) count charging a violation of 18 USC 1512(d) and one (1) count charging simple assault within the maritime and territorial jurisdiction of the United States in violation of 18 USC §113(aX5) and 18 USC §7(5). 6. Epstein and the Government shall make a joint recommendation that the Court impose the maximum sentence of • eighteen (18) months. Epstein, EFTA00193980 In Re: Investigation of Jeffrey Epstein AGREEMENT ' IT APPEARING that the City of Palm Beach Police Department and the State Attorney's Office for the 15th Judicial Circuit in and for Palm Beach County (hereinafter the "State Attorney's Office') have conducted an investigation into the conduct of Jeffrey Epstein (heieinafter "Epstein'); IT APPEARING that the State Attorney's Office has charged Epstein with three counts of solicitation of prostitution in violation of Florida Statutes Section 796.07; IT APPEARING that the United States Attorney's Office and the Federal Bureau of Investigation have conducted their own investigation of the offenses and Epstein's background; IT APPEARING to the United States Attorney's Office and the Federal Bureau of Investigation that Epstein may have committed offenses against the United States fiom in • or around 2001 through in or around October 2005, including: (1) knowingly and willfully conspiring•with others known and unknown to commit offenses against the United States, in violation of Title 18, United States Code, Section 2422(b) and 2423(6); all in violation of Title 18, United States Code, Section 371 and 18 USC 2423(e); and (2) knowingly and willfully violating 18 USC 2422(b) and 2, 18 USC 2423(6), and 18 USC 1591(a)(1),(2); TT APPEARING, after an investigation of the offenses and Epstein's background, that the interest of the United States pursuant to the Petite policy 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 of these offenses shall lie deferred in favor of prosecution by the State of Florida and prosecution of violations of 18 USC 1512(d) and 18 USC 371, 113(a)(5) by the United States, provided that Epstein abides by the following conditions and the requirements of this Agreement set forth below. Should Epstein be proven to have violated any of the conditions of this Agreement, the United States Attorney may at any time initiate prosecution against Epstein for any offense listed above. In this case, the United States Attorney will furnish Epstein with notice specifying the conditions of the Agreement that he has violated. EFTA00193981 Gmail - Page 1 of 1 Q NR Ann Marie Villafana Fw: 1 message Jay Lefkowitz< JLefkowitz kirkland.com> Sun, Sep 16, 2007 at 12:07 PM To: "Marie Villafana, Ann" Marie - I would like you to take a look at these suggestions in the meantime. I tried to follow your format. I have not yet cleared all of this with my client. Thx Original Message From: jplefkowitz Sent: 09/16/2007 11:58 AM AST To: Jay Lefkowitz Email and AIM finally together. You've gotta check out free AOL Mail! - http://mail.aol.com The 'affirmation contained in this commu nnnnnnnnn is corifidefitial; may be attorney-0liebt- 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. **Irk ******* epstein.doc 34K EFTA00193982 By signing this agreement, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he understand the conditions of this Non-Prosecution Agreement and agrees to comply with them. R. ALEXANDER ACOSTA • UNITED STATES ATTORNEY Dated: By: Dated: Dated: A. MARIE VILLAPARA ASSISTANT U.S. ATTORNEY JEFFREY EPSTEIN . • GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN Dated: - JACK GOLDBERGER, ESQ. ATTORNEY FOR JEFFREY EPSTEIN Jist 6 cr3 6 EFTA00193983 agreement, all outstanding grand jury subpoenas shall be deemed withdrawn.. By signing this agreement Epstein asserts and certifies 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 certifies 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 48(b) of the Federal Rules of Criminal Procedure provides that the Court may dismiss an indictment, information, or complaint for unnecessary delay in presenting a charge to the Grand Jury, filing 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 48(b) of the Federal Rules of Criminal Procedure and the Sixth Amendment to the Constitution of the United States to a speddy 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 certifies that he understands that the Fifth Amendment and Rule 7(a) of the Federal Rules of Criminal Procedure ptovide that all felomes must be charged m an mdfdmenrpreseriEd t grand jury. Epstein herOV 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 filed by the United States Attorney, and hereby waives his right to be indicted by a grand jury. • /// [repeated 3 times] _firs 5 aa 6 EFTA00193984 identified victim and Epstein. Notwithstanding this waiver, as to those individuals whose names appear on the list provided by the United• States, Eyitein's signature on this 'agreement is not to be construed as an admission of any criminal or civil liability other than that contained in 18 U.S.C. § 2255. 8. 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 pe'rscin whose name does not appear on the list provided by the United States. . 9. Epstein shall enter his guilty plea and be sentenced not later. than October .19, 2007, and shall self-report to begin serving his sentence not later than December 10, 2007. 10. Epstein agrees that he will not be afforded, any benefits with respect to gain time, other than the rights, opportunities, and benefits 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 account of the gain time he earned during his period of incarceration. Epstein understands that the United States Attorney has no authority to require the State Attorneys Office to abide by any terms of this agreement Epstein understands that it is his obligation to undertake discussion with the State Attorney's Office to ensure compliance with these procedures, which compliance willrnecessary to satisfy the United States' interest, pursuant to the Petite policy. In consideration of Epstein's agreement to plead guilty and to provide compensation in the manner described above, if Epstein successfully fulfills all of the terms and conditions of this agreement, the United States also agrees that it will not institute any criminal charges again any potential co-conspirator of Epstein, including but not limited to Sarah Kellen, Adriana Ross, Lesley Grog or Nadia Marcinkova. Further, upon execution. of this agreement and .a plea agreement with the State Attorney's Office, 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, including certain computer equipment, inviolate until all of the terms of this agreement have .been satisfied. Upon the successful completion of the terms of this Úis 4 as 6 EFTA00193985 2. Epstein and the State Attorney's Office shall make a joint, binding recommendation that the Court impose a thirty (30) month sentence to be divided as follows: (a) Epstein shall begin by serving eighteen (18) 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) following the term of imprisonment, Epstein shall serve twelve (12) months of community control. 3. The terms contained in paragraph 2, supra, do not foreclose Epstein and the State Attorney's Office from agreeing to recommend any additional term(s)•of probation and/or incarceration. 4. Epstein shall waive all challenges to the Infotmation• filed by the State Attorney's Office and shall waive the right to appeal his conviction and sentence. 5. Epstein shall provide to the U.S. Attorney's Office copies of all proposed agreements with the State Attorney's Office prior to entering into those agreements: C The—OrniErStates providflfirtefirs- attorneys with a list of individuals whom it has identified as victims, as defined in 18 U.S.C. § 2255, after Epstein has signed this agreement and been sentenced. Upon the execution of this agreement, the United States will file a motion with the United States District Court for the Southern District of Florida for the appointment of a guardian ad litem for these persons. Epstein's counsel may contact the identified individuals through that guardian. 7. If any of the individuals referred to in paragraph (6), supra, elects to file 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 waives his right to. contest damages up to an amount as agreed to between the fats 3 as 6 EFTA00193986 (4) traveling in interstate commerce for the purpose of engaging in illicit sexual conduct, as defined in 18 U.S.C. § 2423(f), with min& 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 defined in 18 U.S.C. § 1591(c)(1); in violation of Title 18, United States Code, Sections 1591(aX1) and 2; and IT APPEARING, after an investigation of the offenses and Epstein's background, that the interest of the United States pursuant to the Petite policy 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 information he deems reliable, that Epstein has violated any of the conditions of this Agreement, then the• United . States Attorney may at any time initiate prosecution against Epstein for any offense. In this case, the United States Attorney will furnish Epstein with timely notice specifying the condition(s) of the Agreement that he has violated, and shall initiate its prosecution within sixty (60) days' of giving notice of the violation. After timely fulfilling all the terms and conditions t 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 Inveitigation and the United. States Attorney's Office, nor any offenses that were the subject of the Federal Grand Jury investigation will be instituted in this District, and the charges against Epstein if any, will be dismissed. • Terms of the Agreement: Epstein shall plead guilty (not nolo contendere) to an Information filed by the State Attorney's Office 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; Jae . 2 es 6 EFTA00193987 IN RE: INVESTIGATION OF JEFFREY EPSTEIN NON-PROSECUTION AGREEMENT IT APPEARING that the City of Palm Beach Police Department and the State Attorney's Office for the 15th Judicial Circuit in and for Palm Beach County (hereinafter, the "State Attorney's Office") have conducted an investigation into the conduct of Jeffrey Epstein (hereinafter "Epstein"); IT. APPEARING that the State Attorneys Office 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. Office and the Federal Bureau of Investigation have conducted their own investigation into Epstein's background and any offenses committed by Epstein against the United States from in or around 2001 • through in or around October 2005, 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 niterm-bi ifreign commerce foImowing,ly persuade, mdlleTd; 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 defined in 18 U.S.C. § 2423(f), 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; .dats 1 as 6 EFTA00193988 By signing this agreement, Epstein asserts and certifies 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. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Dated: By: Dated: Dated: A. MARIE VILLAFARA ASSISTANT U.S. ATTORNEY • JEFFREY EPSTEIN GERALD LBECOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN • Dated: • JACK GOLDBERGER, ESQ. ATTORNEY FOR JEFFREYEPSTEIN Page 6 of 6 EFTA00193989 By signing this agreement, Epstein asserts and certifies 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 publib trial. Epstein further is aware that Rule 48(b) of the Federal Rules of Criminal Procedure provides that the Court may dismiss an indictment, information, or complaint for unnecessary delay in presenting a charge to the Grand Jury, filing an information, or in.bringing a defendant to triaL Epstein hereby requests that the United States Attorney for the Southern District ofFlorida 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 48(b) of the Federal Rules of Criminal Procedure and the SixthAmendment to the Constitution of the United States to a speedy trial or to bar the prosecution by reason of the running ofthe 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 certifies 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 filed by the United States Attorney, and hereby waives his right to be indicted by a grand jury. /// Page 5 of 6 EFTA00193990 . . EFTA00193991 8. 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. 9. Epstein shall enter his guilty plea and be sentenced not later than October 19, 2007, and shall self-report to begin serving hissentence not later than December 10, 2007. 10. Epstein agrees that he will not be afforded any benefits with respect to gain time, other than the rights, opportunities, and benefits 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 account of the gain time he earned during his period of incarceration. Epstein understands that the United States Attorne y has no authority to require the State Attorney's Office to abide by any terms of this agreement: Epstein understands that it is his obligation to undertake discussion with the State Attorney's Office to 'ensure compliance with these procedures, which compliance will be necessary to satisfy the United States' interest, pursuant to the Petite policy. In consideration of Epstein's agreeme;nt to plead guilty and to provide compensation in the manner described above, if Epstein successfully fulfills all of the terms and conditions of this agreement, the United States also agrees that it will not institute any criminal charges again any potential co-conspirator of Epstein, including but not limited to Sarah Kellen, Adrian Ross, Lesley Groff, or Nadia Marcinkova. Further, upon execution of this agreement and a plea agreement with the State Attorney's Office, 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, including certain computer equipment, inviolate until all of the terms of this agreement have been satisfied. Upon the successful completion of the terms of this agreethent, all outstanding grand jury subpoena shall be deemed withdrawn. By signing this agreement, Epstein asserts and certifies 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. Page 4 of 6 EFTA00193992 be divided as folloWs: (a) Epstein shall begin by serving eighteen (18) months in county jail for all charges, without any opportunity for withholding adjudication or sentencing, and without probationer community control in lieu of imprisonment; and (b) following the term of imprisonment, Epstein shall serve twelve (12) months of community control. . 3. The terms contained inparagraph 2, supra, do not foreclose Epstein and the State Attorney's Office from agreeing to recommend any additional term(s) of probation and/or incarceration. 4. Epstein shall waive all challenges to the Information filed by the State Attorney's Office and shall waive the right to appeal hih conviction and sentence. 5. . Epstein shall provide to the U.S. Attorney's Office copies of all proposed agreements with the State Attorney's Office prior to entering into those agreements. 6. The United States shall provide Epstein's attorneys with a list of individuals whom it has identified as victims, as defined in 18 U.S.C. § 2255, after Epstein has signed this agreement and been sentenced. Upon the execution of this agreement, the United States will file a motion with the United States District Court for the Southern District of Florida for the appointment of a guardian ad litem for these persons. Epstein's counsel may contact the identified individuals through that guardian• • 7. If any of the individuals referred to in paragraph (6), supra, elects to file suit pursuant to 18 U.S.C. § 2255, Epstein will not contest the jurisdiction of the United States District Court for the Southern District ofFlorida over his person and/or the subject matter, and Epstein waives his right to contest liability and also waives his right to contest damages up to an amount as agreed to between the identified victim and Epstein. Notwithstanding this waiver, as to. those individuals whose names appear on the list provided by the United States, Epstein's signature on this -agreement is not to be construed as an admission of any criminal or civil liability other than that contained in 18 U.S.C. § 2255. • Page 3 of 6 EFTA00193993 of Title 18, United States Code, Section 2423(6); 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 defined in 18 U.S.C. § 1591(cX1); in violation of Title 18, United States Code, Sections 1591(a)(1) and 2; and ITAPPEARING, after an investigation of the offenses andEpstein's background, that the interest of the United States pursuant to the Petite policy 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 information he deems reliable, that Epstein has violated any of the conditions of this Agreement, then the United States Attorney may at any time initiate prosecution against Epstein for any offense. In this case, the United States Attorney will furnish Epstein with timely notice specifying the condition(s) of the Agreement that he has violated, and shall initiate its prosecution within sixty (60) days' of giving notice of the violation. After timely. fulfilling all the tents and conditions of the Agreement, no prosecution for the offenses set out on _ages 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 Office, nor any offenses that were the subject of the Federal Grand • Jury investigation will be instituted in this District, and the charges against Epstein if any, will be dismissed. • Terms of the Agreement 1. Epstein shall plead guilty (not nob contendere) to an Information filed by the State Attorney's Office 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 violationofFlorida Statutes Section 796.03; 2. Epstein and the State Attorney's Office shall make a joint, binding recommendation that the Court impose a thirty (30) month sentence to Page 2 of 6 EFTA00193994 IN RE: INVESTIGATION OF JEFFR,EY EPSTEIN NON-PROSECUTION AGREEMENT IT APPEARING that the City of Palm Beach Police Department and the State Attorney's Office for the 15th Judicial CirCuit in and for Palm Beach County (hereinafter, the "State Attorney's Office") have conducted an investigation into the conduct of Jeffrey Epitein (hereinafter "Epstein"); • IT APPEARING that the State Attorney's Office 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 Office and the Federal Bureau of Investigation have conducted their own investigation into Epstein's background and any offenses committed by Epstein against the United States from in or around 2001 through in or around October 2005, 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, S ection 2422(b); all in violation of Title 18, United States Code, Section 371; (2) knowingly and7villfully conspiring with others known and unknown to travel iii interstate commerce for the purpose of engaging in illicit sexual conduct, as . defined in 18 U.S.C. § 2423(f), 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 defined in 18 U.S.C. § 2423(1), with minor females; in violation Pagel of 6 ' EFTA00193995 By signing this agreement, Epstein asserts and certifies 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. R. ALEXANDER. ACOSTA UNITED STATES'ATTORNEY Dated:- By: • Dated: Dated: A. MARIE VILLAFARA . ASSISTANT U.S. ATTORNEY JEFFREY EPSTEIN• GERALD LEFCOURT, ESQ.- COUNSEL TO JEFFREY EPSTEIN Dated: . JACK GOLDBERGE'R, ESQ: ATTORNEY FOR JEFFREY EPSTEIN Page 6 of • 6 EFTA00193996 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 certifies 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 48(b) of the Federal Rules of Criminal Procedure provides that the Court may dismiss an indictment, information, or complaint for unnecessary delay in presenting a charge to the Grand Jury, filing 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 delete to such prosecution on the ground that such delay operated to deny him rights under Rule 48(b) of the Federal Rules of Criminal Proc.-Aire and the Sixth Ainendment 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 certifies 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 hiformation signed and filed by the United States Attorney, and hereby waives bis right to be •indicted by a 17antjurT /// [repeated 3 times] Page 5 of 6 EFTA00193997 construed as an admission of any criminal or civil liability other than that contained in 18 U.S.C. § 2255. 8. 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 anyperson whose name does not appear on the list provided by the United States. 9. Epstein shall enter his guilty plea and be sentenced not later than October 19, 2007, and shall self-report to begin serving his sentence not later than December 10, 2007. 10. Epstein agrees that he will not be afforded any benefits with respect to gain time, other than the rights, opportunities, and benefits 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 account of the gain time he earned during his period of incarceration. Epstein understands that the United States Attorney has no authority to require the State Attorney's Office to abide by any terms of this agreement. Epstein understands that it is his obligation to undertake discussion with the State Attorney's Office to ensure compliance with these procedures; which compliance will be necessary to satisfy the United States' interest, pursuant to the Petite policy. In consideratiorr-of—Epsteires—agreement—to—plead guilty—and to provide -- compensation in the manner described. above, 'if Epstein Successfully fulfills all of the terms and conditions of this agreement, the United Stites also agrees that it will not institute any criminal charges again any potential co-conspirator of Epstein, including but not limited to-Sarah Kellen, Adrian Ross, Lesley Groff, or Nadia Marcinkova. Further, upon execution of this agreement and a plea agreement with the State Attorney's Office, 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, including certain computer equipment, inviolate until all of the terms of this agreement have been satisfied. Upon the successful complgtion of the terms of this agreement, all outstanding grand jury subpoenas shall be deemed withdrawn. By signing this agreement, Epstein asserts and certifies that each of these terms is material to this agreement and is supported by independent consideration and that a Page 4 of 6 EFTA00193998 recommendation that the Court impose a thirty (30) month sentence to be divided as fellows: (a) Epstein shall begin, by serving.eighteen (1$) 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) following the term of imprisonment, Epstein shall serve twelve (12) months of community control. 3. The terms contained in paragraph 2, supra, do not foreclose Epstein and the State Attorney's Office from agreeing to recommend any additional term(s) of probation and/or incarceration. 4. Epstein shall waive all challenges to the htformation filed by the State Attorney's Office and shall waive the right to appeal his conviction and sentence. 5. Epstein shall provide to the U.S. Attorney's Office copies of all proposed agreements with the State Attorney's Office prior to entering into those agreements. 6. The United States shall provide Epstein's attorneys with a list of individuals whom it has identified as victims, as defined in 18 U.S.C. §-2255Taiter Bpstai this agreft—enrithil been sentenced. Upon the execution of this agreement, the United States will file a motion with the United States District Court for the Southern District of Florida for the appointment of a guardian ad litem for these persons. Epstein's counsel may contact the identified individuals through that guardian. 7. If any of the individuals referred to in paragraph (6), supra, elects to file 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 natter, and Epstein waives his right to contest liability and also waives his right to contest damages up to an amount as agreed to between the identified victim and Epstein. Notwithstanding this waiver, as to those individuals whose names appear on the list provided by the United States, Epstein's signature on this agreement is not to be Page 3. of 6 EFTA00193999 conduct, as defined 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 he caused to engage in a commercial sex act as defined 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, after an investigation of the offenses and Epstein's background, that the interest of the United States pursuant to the Petite policy will be served by the following procedtire; • • • 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 information he deems reliable, that Epstein has violated any of the conditions of this Agreement, then the United States Attorney may at any time initiate prosecution against *stein for any offense. In this case, the United States Attorney will furnish Epstein with timely notice specifying the condition(s) of the Agreement that he has violated, and shall initiate its prosecution within sixty (60) days' of giving notice of the violation. • After—bratty fuIfillmg —fl e-Terms and conditions or 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 Office, nor any offenses that were the subject of the Federal Grand Jury investigation will be instituted in this District, and the charges against Epstein if any, will be dismissed. Terms of the Agreement: 1. Epstein shall plead guilty (not nolo contendere) to an Information filed by the State Attorney's Office 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 and the State Attorney's Office shall make a joint, binding Page 2 of 6 EFTA00194000 IN RE: INVESTIGATION OF JEFFREY EPSTEIN NON-PROSECUTION AGREEMENT IT APPEARING that the City of Palm Beach Police Department and the State Attorney's Offide for the 15th Judicial Circuit in and for Palm Beach County (hereinafter, the "State Attorney's Office's) have conducted an investigation into the conduct of Jeffrey Epstein (hereinafter "Epstein"); IT APPEARING that the State Attorney's Office 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 Office and the Federal Bureau of Investigation have conducted their own investigation into Epstein's background and any offenses conunitted by Epstein against the United States from in or around 2001 through in or around October 2005, 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 mearoisinterstate orfiretpruarttoierencktrowitiglypenturaMdae,r- 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 defined in 18 U.S.C. § 2423(f), with minor females, in violation of Title 18, United States Code, Section 2423(b); all in violition 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 Page I of 6 EFTA00194001 Gmail - Re: Draft Agreement Page 2 of 2 Street IllgaL/icailly 10022 Direct IMEIMIN Fax [email protected] I *Admission Pending in New York [attachment "20070923 Draft of Epstein Non-Prosecution Agreement (without Term 1) (Redlined).doc" deleted by Jay Lefkowitz/New York/Kirkland-Ellis] 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 attachment,. Ann Marie.Villafana 3 attachments rati 070923 Epstein 24K e 070923 Epstein 18K n 070923 Epstein " 1 31K Non-Prosecution Agreement.doc Non-Prosecution Agreementp df Non-Prosecution Agreement.wpd EFTA00194002 Gmail - Re: Draft Agreement Page 1 of 2 Ann Marie Villafana bt,,00gle- Re: Draft Agreement 1 message Ann Marie Villafana To: Jay Lefkowitz <[email protected]> Cc: Ami Sheth [email protected]>, "Villafana, Ann Marie C. (USAFLS)" <[email protected]> Here is the most recent version. I noticed that the font size kept changing throughout, so I put it all in Times New Roman 13pt. I am attaching in WordPerfect, Word, and PDF. On 9/23/07, Jay Lefkowitz <[email protected]> wrote: Marie - if 2 pm doesn't work, can we arrange to go through the entire document at 5 pm? Thanks. Jay ---- Original Message ---From: Ami Sheth Sent: 09/23/2007 01:56 PM EDT To: "Villafana, Ann Marie C. VUSAFLS1)" - Ann: arie Villafana • usd6-gov]; Cc: Jay Lefkowitz Subject: Draft Agreement Marie - Jay is having some computer trouble and asked me to send this e-mail to you. Attached is a draft for discussion purposes at your convenience for some time this afternoon. It does not include Term 1 of the agreement, but it reflects all the issues we would like to discuss with you. Please let Jay know when you are available to speak. Thank you. Sincerely, Ami Sun, Sep 23, 2007 at 4:03 PM Ami H. Sheth* I Kirkland & Ellis LLP Citigroup Center I EFTA00194003 By signing this agreement, Epstein asserts and certifies 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. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Dated: By: Dated: [repeated 3 times] SANCHEZ ESQ. A. MARIE VILLAFARA ASSISTANT U.S. ATTORNEY JEFFREY EPSTEIN GERALD LEFCOURT, ESQ. . COUNSEL TO JEFFREY EPSTEIN JAGK—GQLDBBRGERLTLLY ANN ATTORNEY FOR JEFFREY EPSTEIN Page 7 of 7 •4W,0>;,'' • EFTA00194004 the subject of the grand jury's investigation, it may be by way of an Information signed and filed by the United States Attorney, and hereby waives his right to be indicted by a grand juiy. /I/ /// Page 6 of 7 EFTA00194005 I Government agrees to provide Epstein notice before the disclosure of this Agreement, In consideration of Epstein's agreement to plead guilty and to provide compensation in the manner described above, if Epstein successfully fulfills all of the terms and conditions of this agreement, the United States also agrees that it will not I institute any criminal charges ageing any potential co-conspirators of Epstein, including but not limited to Sarah Kellen, Adriana Ross, Lesley Groff, or Nadia Marcinkova. Further, upon execution of this agreement and a plea agreement with the State Attorney's Office, 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, including certain computer equipment, inviolate until all of the terms of this agreement have been satisfied. 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 certifies 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 aid to investigate and prosecute Epstein and any other individual or entity for any and all federal offenses. By signing this agreement, Epstein asserts and certifies 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 48(b) of the Federal Rules of Criminal Procedure provides that the Court may dismiss an indictment, information, or complaint for unnecessary delay in Mesenting a charge to the Grand Jury, filing an inforniation, 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 l:: 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 48(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 Pqual 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 r investigation. Epstein further asserts and certifies that he understands that the Fifth I ` Amendment and, Rule 7(a) of the Federal Rules of Criminal Procedure provide that all t. 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 Page 5 of 7 EFTA00194006 • FAW.F7Wrii:917.23,7,f:Apa rt;,, 94t .t 7:07/7 `149: 4.Z; sy ii.•` 9 f4tet t 41; 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 waives his right to contest damages up to an amount as agreed to between the identified victim and Epstein, so long as the identified victim elects to, proceed exclusively under 18 U.S.C. § 2255, and agrees to waive any other claims 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 is not to be construed as an admission of any criminal or civil liability-other-than-that-eentained in 18 U.S.C. § 2255. Neither this Agreement, its terms. or any resulting settlements contemplated by this Agreement are to be admissible in any other litigation. 8. 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 appeai- on the list provided by the United States. 9. Epstein shall enter his guilty plea and be sentenced not later than October 26, 2007, and shall self-report to begin serving his sentence not later than January 4, 2008. 10. Epstein agrees that he will not be afforded any benefits with respect to gain time, other than the rights, opportunities, and benefits .as any oilier ninlife,ineluding but nottniffealicarilbity- ar gain time credit based on standard /Wes and, regulations that apply in the State of Florida. At the United States! request, Epstein agrees to provide an account of the gain time he earned during his period of incarceration. Epstein understands that the United States Attorney has no authority to require the State Attorney's Office to abide by any terms of this agreement. Epstein understands that . it is his obligation to undertake dicrnssion with the State Attorney's Office to ensure compliance with these procedure; which compliance will be necessary to satisfy the ; • United States' interest, pursuant to the Petite policy. It is the intention of the parties to this Agreement that it not be disseminated or S... disclosed except pursuant to court order. In the event the Government must disclose this Agreement in response to a request PuThuant to the Freedom of Information Act. the kW - Page 4 of 7 • ••.f .,74: *.et< .r.At:es• tv EFTA00194007 2. Epstein, and the State Attorney's Office shall make a joint, binding recommendation that the Court impose a thirty (30) month sentence IVE to be divided as follows: 4.•, (a) Epstein shall be sentenced to a term ofbegin—by—sppling eighteen (18) months in county jail for all charges, without r any opportunity for withholding adjudication or sentencing, and without probation or community control in lieu of imprisonment; and (b) following -the term of imprisonment, Epstein shall servo twelve (12) months of community control. 3 The language contained in Terms 1 and 2 of this Agreement do not foreclose Epstein and the State Attorney's Office from agreeing to recommend any additional charge(s) or any additional term(s) 'of probation. The-terms—eentained—in—paregraph-2r eupnar de—mat foreelese-Epstein-and-the-State Attorney's-9£€iee-from-agreeing-te plead-to-any-additienal-ekarge(s)or-frem-reeommending-reeemmend X':.•,:- any-atlditiona14ern*(e)-of-peebatien-emYer-irteareeration: 4. Epstein shall waive all challenges to the information filed by the State Attorney's Office and shall waive the right to appeal his friefl: conviction and sentence. • 5. Epstein shall provide to the U.S. Attorney's Office copies of all ;inn: proposed agreements with the State Attorney's Office prior to x "1'c C ," •c•V'tfi • a •' -Th` entering into those agreements. • -jay 6. The United States shall provide Epstein's attorneys with a list of individuals whom it has identified as eligible to bring suit under f). vietimeras-defined-in It U.S.C. § 2255, after Epstein has signed this ; agreement and been • sentenced. Upon the execution of this agreement, the United States will file a motion under seal with the 1.514k. United State's District Court for the Southern District of Florida for the appointment of a guardian ad litem for these persons. Epstein's ;';‘.; counsel may contact the identified individuals through that guardian. 7. If any of the Individuals referred to In paragraph (6), sup-a, elects to file suit pursuant to 18 U.S.C. § 2255, Epstein will not contest the Page 3 of 7 EFTA00194008 conduct, as defined in 18 U.S.C. § 2423(f), with minor females; in violation of Title 18, United States Code, Section 2423(6); and (5) knowingly, in and affecting interstate and foreign commerce, recruiting, enticing, and obtaining by any means a person, knowing that the person had 3, not attained the age of 18 years and would be caused to engage in a P), commercial sex act as defined 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, after an investigation of the offenses and Epstein's background, that the interest of the United States pursuant to the Petite policy 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 Epstein has willfully violated any of the conditions of this Agreement, then the United States Attorney. may at any time within thirty (30) months of' the execution of this agreement provide Epstein with timely notice . specifying the conditions(s) of the Agreement that he has violatedinitiate-preseetifion-against-Epsieirt-fiwasyceffenser-lri-this easerthe-United-States-Attonte ish-Epstein-with-timely-riotiee-speeifying-the eeinlition(s)-of the-Agreement-that-he-has-violated; and shall initiate its prosecution within siatyA60) days' of Irving notice of the violation. After timely fulfilling all the t