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U.S. Department of Justice
United States Attorney
Southern District of Florida
Jay P. Lefkowitz, Esq.
Kirkland & Ellis LLP
Citigroup Center
153 East 53rd Street
Ncw York, New York 10022-4675
Re:
Jeffrey Er/stein
Dear Jay:
99 N.F..
Street
Miami. FL 33132-2111
Facsimile:
December 6, 2007
I write in response to your recent e-mails and letters regarding victim notification and other
issues. Our Office is trying to perform our contractual obligations under the Agreement, which we
feel arc being frustrated by defense counsel's objections. The Office also is concerned about Mr.
Epstein's nonperformance.
More than three weeks ago we spoke about the failure to set a timely plea and sentencing
date. At that time, you assured me that the scheduling delay was caused by the unavailability of
Judge McSorley. You promised that a date would be set promptly. On November 15th, Rolando
Garcia met with Barry Krisher on another matter, and was told by Mr. Krisher that he had just
spoken with Jack Goldberger, and that Mr. Epstein's plea and sentencing were set to occur on
December 14, 2007. Since that time, we have tried to confirm the date and time of the hearing in
order to include that information in the victim notification letters. You continue to refer to the plea
and sentencing as though it will be in Janu
• Mr. Krisher's office has not confirmed any date; and
Mr. Goldberger recently told
that 'There is no date."
I must reiterate that a delayed guilty plea and sentencing — now more than two months
beyond the original deadline — is unacceptable to the Office. As you will recall, the plea and
sentencing hearing originally was to occur in early October 2007, but was delayed until October 26th
to allow Mr. Goldberger to attend. It was delayed again until November to allow you to attend.
Rather than using your best efforts to insure that the plea and sentencing occur in November, we
recently learned that a plea conference had been scheduled with Judge McSorley for November 20,
2007, but was canceled at the request of the parties, not the judge. Judge McSorley has not been
away for any extended period, and there is no basis for your assertion that the judge is the cause of
Exhibit g. 12,
EFTA00176911
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DECEMBER 6, 2007
PAGE 2 OF 4
any past or future delay. Mr. Epstein currently has four Florida Bar members on his defense team,
so attorney scheduling is not an adequate basis for delay.
Three weeks ago I also asked you to provide our Office with the terms of the Plea Agreement
with the State Attorney's Office. It is now more than two months since the signing of the Non-
Prosecution Agreement and we have yet to sec any formal agreement, or even a list of essential terms
of such an agreement.
Next, let me address your allegation that attorneys in our office and agents of the FBI have
leaked information to the press in an effort to affect possible civil litigation with Mr. Epstein. This
is untrue. There has been no contact between any member of the press and any employee of our
office or the FBI since you incorrectly accused investigators of telling "Vanity Fair" about Mr.
Starr's employment by Mr. Epstein several months ago. We intend to continue to rehain from
commenting or providing information to the press. We would ask that your client and all of his
representatives do the same.
I also want to address your interpretation of several statements that were included in
correspondence — at your insistence — as proof that the designated victims have invalid claims. Let
me make clear that each of the listed individuals are persons whom the Office identified as victims
as defined in Section 2255, that is, as persons "who, while a minor, was a victim of a violation of
section . . . 2422 or 2423 of this title." In other words, the Office is prepared to indict Mr. Epstein
based upon Mr. Epstein's "interactions" with these individuals.' This conclusion is based upon a
thorough and proper investigation — one in which none of the victims was informed of any right to
receive damages of any amount prior to the investigation of her claim. The Office agrees that it is
not a party to, and will not take a role in, any civil litigation, but the Office can say, without
hesitation, that the evidence demonstrates that each person on the list was a victim of Mr. Epstein's
criminal behavior. Mr. Stares letter also suggests that the number of victims to whom Mr. Epstein
is exposed by the Agreement is limitless. As you know, early drafts of the Agreement contained a
numerical limit of 40 victims, which was removed at your request. The Office repeatedly con fumed
that the number would not exceed 40; and the list is significantly shorter than that. Once the list is
provided to you, if you have a good faith basis for asserting that a victim never met Mr. Epstein, we
remain willing to listen and to modify the list if you convince us of your position.
Finally, let me address your objections to the draft Victim Notification Letter. You write that
you don't understand the basis for the Office's belief that it is appropriate to notify the victims.
Pursuant to the "Justice for All Act of 2004," crime victims are entitled to: "The right to reasonable,
accurate, and timely notice of any public court proceeding ... involving the crime' and the "right
'Unlike the State's investigation, the federal investigation shows criminal conduct by Mr.
Epstein at least as early as 2001, so all of the victims were minors at the time of the offense.
RFP MIA 000018
EFTA00176912
DECEMBER 6,2007
PAGE 3 OF 4
not to be excluded from any such public court proceeding . . ." 18 U.S.C. § 3771(aX2) & (3).
Section 3771 also commands that "employees of the Department of Justice . . engaged in the
detection, investigation, or prosecution ofcrime shall make their best efforts to see that crime victims
are notified of, and accorded, the rights described in subsection (a)." 18 U.S.C. § 3771(c)(1).
Additionally, pursuant to the'Victims' Rights and Restitution Act of 1990, our Office is
obligated to "inform a victim of any restitution or other relief to which the victim may be entitled
under this or any other law and [the] manner in which such relief may be obtained." 42 U.S.C. §
10607(c)(1)(B). With respect to notification of the other information that we propose to disclose,
the statute requires that we provide a victim with the earliest possible notice of: the status of the
investigation; the filing of charges against a suspected offender; and the acceptance of a plea. 42
U.S.C. § 10607(c)(3). Just as in 18 U.S.C. § 3771, these sections are not limited to proceedings in
a federal district court. Our Non-Prosecution Agreement resolves the federal investigation by
allowing Mr. Epstein to plead to a state offense. The victims identified through the federal
investigation should be appropriately informed, and our Non-Prosecution Agreement does not
require the U.S. Attorney's Office to forego its legal obligations.
With respect to your assertion that we are seeking to "federa/ize" the state plea, our office
is simply informing the victims of their rights. It does not command them to appear at the hearing
or to file a victim impact statement. In fact the letter recommends the sending of any statement to
the State Attorney's Office so that
can determine which, if any, statements are
appropriate to file with the Court.
Next, you assert that our letter mischaracterizes Mr.
stem's obligation to pay damages to
the victims. To avoid that suggestion, I have asked AUSA
to simply quote the terms of
the Agreement directly into the Notification Letter. We also have no objection to referring to Mr.
Epstein as a "sexual offender" rather than a "predator."
We have no objection to using the conjunction "and/or" in referring to the particular
offense(s) of which the recipient was a victim. We will not include the language that we take no
position as to the validity of any claims. While the Office has no intention to take any position in
any civil litigation arising between Mr. Epstein and any individual victim, as stated above, the Office
believes that it has proof beyond a reasonable doubt that each listed individual was a victim of Mr.
Epstein's criminal conduct while the victim was a minor. The law requires us to treat all victims
"with fairness and with respect for the victim's dignity and privacy." 18
§ 377I(a)(8). We
will not include any language that demeans the harm they may have suffered.
The letter's assertions regarding representation by the Podhurst farm and Mr. Josefsberg are
accurate. Judge Davis conferred with Messrs. Podhurst and Josefsberg to insure their willingness
to undertake this assignment prior to finalizing his selection.
RIP MIA 000019
EFTA00176913
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DECEMBER 6,2007
PAGE 4 OF 4
Lastly, you object to personal communication between the victims and federal attorneys or
agents. We have no objection to se ll,.
letters through the mail' but we will not remove the
language about contacting AUSA
or Special Agent
with questions or
concerns. Again, federal law requires that victims have the "reasonable right to confer with the
attorney for the Government in this case." 18 U.S.C. § 3771(a)(5). The three victims who were
notified prior to your objection bad questions directed to Mr. Epstein's punishment, not the civil
litigation. Those questions are, appropriately directed to law enforcement. Ifquestions arise related
to the civil litigation, AUSA
and Special Agent
will recommend that the
victims direct those questions to Mr. Josefsberg.
I have attached a revised letter incorporating the changes on which we can agree. Please
provide any further comments by the close ofbusiness on Friday. In addition, please provide us with
a definitive statement, signed by your client, of his intention to abide by each and every term of the
Agreement by close of business on Friday, December 7, 2007. By that time, you must also provide
us with the agreement(s) with the State Attorney's Office and a date and time certain for the plea and
sentencing, which must occur no later than December 14, 2007. There must be closure in this
matter.
Sincerely,
R. Alexander Acosta
United States A tome
First Assistant United States Attorney
Enclosure
cc:
It. Alexander AGA.
Attorney
AUSA
2This is contingent, however, on being able to provide adequate notice of the change of
plea and sentencing. The sooner that you schedule that hearing with Judge McSorley, the sooner
we can dispatch these letters. If you delay further, we will have to rely on telephone or personal
notification.
RFP MIA 000020
EFTA00176914
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U.S. Department of Justice
United Stater Attorney
Southern District of Florida
500 South Australian Ave., Suite 400
West alm Beach, FL 33401
Facsimile:
December 6, 2007
Miss
Re:
Crime Victims' Rights — Notification of Resolution of Epstein Investigation
Dear Miss
Several months ago, I provided you with a letter notifying you of your rights as a
victim pursuant to the Justice for All Act of 2004 and other federal legislation, including:
(1)
The right to be reasonably protected from the accused.
(2)
The right to reasonable, accurate, and timely notice of any public court
proceeding involving the crime or of any release or escape of the accused.
(3)
The right not to be excluded from any public court proceeding, unless the court
determines that your testimony may be materially altered if you are present for
other portions of a proceeding.
(4)
The right to be reasonably heard at any public proceeding in the district court
involving release, plea, or sentencing.
(5)
The reasonable right to confer with the attorney for the United States in the
case.
(6)
The right to full and timely restitution as provided in law.
(7)
The right to proceedings free from unreasonable delay.
(8)
The right to be treated with fairness and with respect for the victim's dignity
and privacy.
I am writing to inform you that the federal investigation of Jeffrey Epstein has been
completed, and that Mr. Epstein and the U.S. Attorney's Office have reached an agreement
containing the following terms.
RFP MIA 000021
EFTA00176915
MISS
NOVEMBER 29, 2007
PAGE 2
First, Mr. Epstein agrees that he will plead guilty to two state offenses, including the
offense of soliciting minors to engage in prostitution, which will require him to register as
a sexual offender for the remainder of his life.
Second, Mr. Epstein has agreed to make a binding recommendation of 18 months'
imprisonment to the state court judge who sentences him. Mr. Epstein will serve that
sentence of imprisonment at the Palm Beach County Jail.
Third, Mr. Epstein has agreed that he will compensate you for damages you have
suffered, under the following circumstances. That portion of the agreement that relates to
those claims reads as follows:
7.
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, in consultation
with and subject to the good faith approval of Epstein's counsel, shall
select an attorney representative for these persons, who shall be paid for
by Epstein. Epstein's counsel may contact the identified individuals
through that representative.
8.
If any of the individuals referred to in paragraph (7), 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 identified individual and
Epstein, so long as the identified individual elects to proceed
exclusively under 18 U.S.C. § 2255, and agrees to waive any other
claim for damages, whether pursuant to state, federal, or common law.
Notwithstanding this waiver, as to those individuals whose names
appear on the list provided by the United States, Epstein's signature on
this agreement, his waivers and failures to contest liability and such
damages in any suit are not to be construed as an admission of any
criminal or civil liability.
9.
Epstein's signature on this agreement also is not to be construed as an
admission of civil or criminal liability or a waiver of any jurisdictional
RFP MIA 000022
EFTA00176916
•
Miss
NOVEMBER 29, 2007
PAGE 3
or other defense as to any person whose name does not appear on the
list provided by the United States.
10.
Except as to those individuals who elect to proceed exclusively under
18 U.S.C. § 2255, as set forth in paragraph (8), supra, neither Epstein's
signature on this agreement, nor its terms, nor any resulting waivers or
settlements by Epstein are to be construed as admissions or evidence of
civil or criminal liability or a waiver of any jurisdictional or other
defense as to any person, whether or not her name appears on the list
provided by the United States.
Pursuant to the terms of the agreement and an addendum, to assist you in making such
a claim, the U.S. Attorney's Office has asked an independent Special Master to select
attorneys to represent you. Those attorneys are Aaron Podhurst and Robert "Bob"
Josefsberg with the law firm of Podhurst Orseck, P.A. They can be reached at
I anticipate that someone from their law firm will be contacting you shortly. I must
also advise you that you are not obligated to use theseStorneys. In fact, you have the
right
absolute
select your own attorney.
sneak
ig
g
Shivin
can decide not
r
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iv.
use a
different attorney. If you do decide to seek damages from Mr. Epstein and you decide to use
Messrs. Podhurst/Josefsberg as your attorneys, Mr. Epstein will be responsible for paying
attorney's fees incurred during the time spent trying to negotiate a settlement. If you are
unable to reach a settlement with Mr. Epstein, you and Mr. Josefsberg can discuss how best
to proceed.
As I mentioned above, as part of the resolution of the federal investigation, Mr.
Epstein has agreed to plead guilty to state charges. Mr. Epstein's change of plea and
sentencing will occur on December 14, 2007, at
a.m., before Judge Sandra K.
McSorley, in Courtroom 11F at the Palm Beach County Courthouse, 205 North Dixie
Highway, West Palm Beach, Florida. Pursuant to Florida Statutes Sections 960.001(1)(k)
and 921.143(1), you are entitled to be present and to make a statement under oath. If you
choose, you can submit a written statement under oath, which may be filed by the State
Attorney's Office on your behalf. If you elect to prepare a written statement, it should
address the following:
the facts of the case and the extent of any harm, including social,
psychological, or physical harm, financial losses, loss of earnings directly or
indirectly resulting from the crime for which the defendant is being sentenced,
RFP MIA 000023
EFTA00176917
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MISS
NOVEMBER 29, 2007
PAGE 4
and any matter relevant to an appropriate disposition and sentence. Fl. Stat.
921.143(2).
You also are entitled to notification when Mr. Epstein is released from imprisonment
at the end of his prison term and/or if he is allowed to participate in a work release program.
To receive such notification, please provide the State Attorney's Office with the following
information:
1.
Your name
2.
Your address
3.
Your homc, work, and/or cell phone numbers
4.
Your e-mail address
5.
A notation of whether you would like to participate in the "VINE system,"
which provides automated notification calls any time an inmate is moved. (To
use this system, your calls must go to you directly, not through a switchboard.)
Thank you for all of your help during the course of the investigation. If you have an
uestions or concerns
lease do not hesitate to contact me or Special Agent
at
By:
Sincerely,
R. Alexander Acosta
United States Attorney
Assistant United States Attorney
cc:
S cial A ent
F.B.I.
, Victim-Witness Coordinator, U.S. Attorney's Office
RFP MIA 000024
EFTA00176918
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U.S. Department offastiee
United States Attorney
Southern District of Florida
UNITED STATES ATTORNEY'S OFFICE
99 NE 4Th STREET
MIAMI, FLORIDA 33132-2111
First Assistant U.S. Attorney
Staff Assistant
fax
COVER SHEET
DATE:
December 6, 2007
TO:
Jay Lefkowitz, Esquire
FAX NUMBER:
SUBJECT:
Epstein
NUMBER OF PACES, INCLUDING TICS PAGE: 9
Case No. 08.80736-CV-MARRA
1,-009124
EFTA00176919
U.S. Department of Justice
United States Attorney
Southern District of Florida
UNITED STATES ATTORNEY'S OFFICE
99 NE 4Th STREET
MIAMI, FLORIDA 33132-2111
First Assistant U.S. Attorney
Staff Assistant
=
fax
COVER SHEET
DATE:
December 6, 2007
TO:
Jay Lefkowitz, Esquire
FAX NUMBER:
SUBJECT:
Epstein
NUMBER OF PAGES, INCLUDING THIS PAGE: 9
Message/Comments:
(Includes Victim Notification Letter)
This facsimile contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the
Addressee(s) named above. If you are not the intended recipient of this facsimile, or the employee or agent responsible
for delivering it to the intended recipient, you are hereby notified that any dissemination or coping of this facsimile is
strictly prohibited. If you have received this facsimile in error, please immediately notify us by telephone and return the
original facsimile to us at the above address via the U.S. Postal Service. Thank you.
Case No. 08-80736-CV-MARRA
P-009125
EFTA00176920