Text extracted via OCR from the original document. May contain errors from the scanning process.
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
New York, New York 10022-4675
Re:
Jeffrey Epstein
Dear Jay:
500 S. Australian Ave, Ste 400
West Palm Beach, FL 33401
Facsimile:
August 13, 2008
I
As per your request, I am attaching several documents related to Mr. Epstein's performance
of the Non-Prosecution Agreement.
The first document attached hereto is the June 30, 2008 proposed Notification, which was
hand-delivered to Jack Goldberger and Michael Tein shortly after Mr. Epstein entered his guilty plea.
Following that, I have attached the July 9, 2008 response from Mr. Goldberger. I have
highlighted two portions. The first is where Mr. Goldberger (presumably with the approval of Mr.
Tein) approves of the portion of my proposed Notification that quotes directly from the U.S.
Attorney's December letter to Lilly Ann Sanchez. The second portion is where Mr. Goldberger
provides his interpretation of the Agreement, and nowhere mentions that he does not believe that the
December letter is operative. I note that Mr. Goldberger's letter contains a notation showing that Mr.
Epstein was provided with a copy.
The third document I have attached is a copy of one of the notifications that was provided
directly to a victim. Copies of all of the notifications have been provided to Mr. Goldberger, and
neither he nor any other attorney for Mr. Epstein has ever stated that the letter misrepresents the
Agreement between the parties or the benefit that the Agreement bestows upon the victims.
The fourth document t have attached is a copy of a Declaration that I have filed in connection
with the victims' lawsuit filed against the United States. This Declaration sets forth our
understanding ofthe Agreement and again quotes from the U.S. Attorney's December letter. Messrs.
Goldberger and Tein are aware of this Declaration and have filed copies of it in connection with their
EFTA00176945
JAY P. LEFKOW1TZ, ESQ.
AUGUST 13, 2008
PAGE 2 OF 2
efforts to stay all of the civil litigation. Again, neither of them ever expressed to me— or to the Court
— that it inaccurately describes the Agreement between the United States and Mr. Epstein.
Please contact me tomorrow morning so that we can resolve this issue.
Sincerely,
By:
cc:
Chief, Northern Division
R. Alexander Acosta
United States Attorn
Assistant Unite
tates Attorney
EFTA00176946
U.S. Department of Justice
United States Attorney
Southern District of Florida
500 South Australian Ave.,-Suite 400
FL 3340!
Facsimile:
June 30, 2008
NOTICE: IN ACCORDANCE WITH TITLE 18, UNITED
STATES CODE, SECTION 3509(d) AND FLORIDA LAW,
PROCEEDING.
EFTA00176947
U.S. Department of Justice
United States Attorney
Southern District of Florida
500 South Australian Ave., Suite 400
ch, FL 3340
Facsimile:
June 30, 2008
On June 30, 2008, Jeffrey Epstein (hereinafter referred to as "Epstein) entered a plea
of guilty to violations of Florida Statutes Sections 796.07 (felony solicitation of prostitution)
and 796.03 (procurement of minors to engage in prostitution), in the 15th Judicial Circuit in
and for Palm Beach County (Case Nos. 2006-cf-009454AXXXMB and 2008-cf-
00938144=MB) and was sentenced to a term of twelve months' imprisonment to be
followed by an additional six months' imprisonment, followed by twelve months of
Community Control 1, with conditions of community confinement imposed by the Court.
In light of the entry of the guilty plea and sentence, the United States has agreed to
defer federal prosecution in favor of this state plea and sentence, subject to certain
conditions.
One such condition to which Epstein has agreed is the following:
"Any person, who while a minor, was a victim of a violation of an offense
enumerated in Title 18, United States Code, Section 2255, will have the same
rights to proceed under Section 2255 as she would have had, if Mr. Epstein
had been tried federally and convicted of an enumerated offense. For purposes
of implementing this paragraph, the United States shall provide Mr. Epstein's
attorneys with a list of individuals whom it was prepared to name in an
Indictment as victims of an enumerated offense by Mr. Epstein. Any judicial
authority interpreting this provision, including any authority determining
which evidentiary burdens if any a plaintiff must meet, shall consider that it is
the intent of the parties to place these identified victims in the same position
as they would have been had Mr. Epstein been convicted at trial. No more; no
less."
Initials of Jeffrey Epstein
Initials of Jack Goldberger
EFTA00176948
JuN8 30, 2008
PAGE 2 OF 3
Through this letter, this Office hereby provides Notice that the individuals identified
below are individuals whom the United States was prepared to name as a victim of an
enumerated offense.
Identified Individuals
Dated:
By:
ACKNOWLEDGMENT
I have received this Notification from my attorney, Jack Goldberger, Esquire, have
read it and discussed it with my attorney, and I hereby acknowledge that it accurately sets
forth my understanding and agreement with the Office of the United States Attorney for the
Southern District of Florida regarding the notification and rights of identified victims. I
Initials of Jeffrey Epstein
Initials of Jack Goldberger
EFTA00176949
JUNE 30, 2008
PAGE 3 OF 3
understand that an exact copy of this Notification will be provided to each identified
individual, except that the names of all other identified individuals will be redacted, and I
hereby waive any evidentiary challenges to the introduction of a copy of this document—even
in redacted form—in any judicial proceeding between any identified individual and myself.
Dated:
Jeffrey Epstein
Witnessed by:
Jack Goldberger, Esquire
EFTA00176950
July 9, 2008
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• JOSEPH R.ATTERBURY
et JACK A. GOLDBERGER
JASON S.WE1SS
°Board Certified CriminalTrialAuomey
?Member of New Jersey & Florida Bars
Esq.
Assistant United States Attorney
United States Attorney's Office
500 South Australian Avenue
46' Floor, Suite 400
West Palm Beach, Florida 33401
(561) 820-8777
Re:
Jeffrey E. Epstein
Dear Ms.
Thank you for your letter to me dated July 8, 2008 and the draft document dated, e-mailed and faxed
to me at my office on June 30, 2008, styled "Notification of Identified Victims." I would like to
address a few related issues.
First, please note that we have several requests concerning any such notification. Specifically, we
request that:
(a) My notification be sent to any individual by mail (or served upon their attorney,
to the extent known), and we respectfully object to any service by hand, a method of
service which carries the concomitant risk of conversations regarding the notification
that potentially would place the federal authorities in a position of being advocates
for civil litigation;
(b) Any notification be effectuated by a separate mailing to each individual without
the inclusion of any language that appeared on the second page of your June 30, 2008
memorandum; i.e. rather than including in each notification a large section listing
"identified individuals" with redactions other than the name of the recipient (which
we contend would be a clear and impermissible signal to any individual that the
notification is a broad notification to numerous other alleged victims).
ether a
simple one page notification directed only to the recipient, and limited to the
information currently on the ₹iirst page of your draft memorandum would suffice.
One Clearlake Centre, Suite 1400
250 Australian Avenue South West Palm Beach, FL 33401
p
wwwagwpa.com
EFTA00176951
(c) You eliminate from any notification any language that is currently contained in
the "acknowledgment" section of the June 30, 2008 memorandum; and
(d) You supplement the notification with the Government's previously made
representation that it is not vouching for the veracity of any claim by any identified
individual. See Letter from J. Sloman to E. Davis (10/25/07).
Second, please note also that we do not understand your request that Mr. Epstein and his attorneys
execute the rider / acknowledgment contained within your June 30 hand-delivered draft.
Specifically, we do not believe that the Non-Prosecution Agreement requires Mr. Epstein's execution
of any such additional stipulation. Because we want to ensure that Mr. Epstein continues to strictly
comply with the letter of the parties' agreement, we respectfully ask that you explain why you
believe that the Non-Prosecution Agreement requires execution of your stipulation.
Our understanding of the Non-Prosecution Agreement is that it does not require Mr. Epstein to
"acknowledge" anything not already contained within the four corners of the written agreement. The
agreement certainly contains no written term obligating that he "waive any evidentiary challenge to
the introduction of a copy" of any "Notification of Identified Victims" in "any judicial proceeding
between any identified individual" and Mr. Epstein, as your memorandum currently requests.
Further, please note that your June 30 stipulation, as drafted, is not limited to Section 2255
proceedings. Rather, your June 30 draft requires Mr. Epstein to waive evidentiary challenges in "any
judicial proceeding" - - which clearly exceeds the bounds of the parties' written agreement.
Third, I would respectfully request that you provide me with the names of the "pro bono lawyers"
who, you indicated to me at our June 30 meeting at my office, were intending to represent certain
persons identified on your June 30 draft notification, as well as any knowledge that the Government
has as to how they were selected, and what communications the Government has had with them to
date.
Finally, please know that it is Mr. Epstein's firm intent to fulfill strictly each term and condition of
his Non-Prosecution Agreement with the Government. Nothing in this letter should be construed,
however, as waiving any defense that may be available to Mr. Epstein under the parties' written
agreement.
I look forward to your response. Until then, I remain,
trul yours,
A. Goldberger
:
Jeffrey Epstein
EFTA00176952
U.S. Department of Justice
United States Attorney
Southern District of Florida
500 South Australian Ave., Suite 400
Wevi Palm Beach, FL 33401
Facsimile:
July 21, 2008
NOTICE: IN ACCORDANCE WITH TITLE 18, UNITED
STATES CODE, SECTION 3509(d) AND FLORIDA LAW,
PROCEEDING.
EFTA00176953
U.S. Department of Justice
United States Attorney
Southern District of Florida
500 South Australian Ave., Suite 400
West Palm Beach FL 33401
Facsimile:
July 21, 2008
MisS
MINS
Re:
Jeffrey Epstein/S:
NOTIFICATION OF
Dear Miss
a
t
By virtue of this letter, the United States Attorney's Office for the Southern District
of Florida provides you with the following notice.
On June 30, 2008, Jeffrey Epstein (hereinafter referred to as "Epstein) entered a plea
of guilty to violations of Florida Statutes Sections 796.07 (felony solicitation of prostitution)
and 796.03 (procurement of minors to engage in prostitution), in the 15th Judicial Circuit in
and for Palm Beach County (Case Nos. 2006-cf-009454AXXXMB and 2008-cf-
00938 I AXXXMB) and was sentenced to a term of twelve months' imprisonment to be
followed by an additional six months' imprisonment, followed by twelve months of
Community Control 1, with conditions of community confinement imposed by the Court.
In light of the entry of the guilty plea and sentence, the United States has agreed to
defer federal prosecution in favor of this state plea and sentence, subject to certain
conditions.
One such condition to which Epstein has agreed is the following:
"Any person, who while a minor, was a victim of a violation of an offense
enumerated in.Title 18, United States Code, Section 2255, will have the same
rights to proceed under Section 2255 as she would have had, if Mr. Epstein
had been tried federally and convicted of an enumerated offense. For purposes
EFTA00176954
MISS
JULY 21,2008
PAGE 2 OF 2
of implementing this paragraph, the United States shall provide Mr. Epstein's
attorneys with a list of individuals whom it was prepared to name in an
Indictment as victims of an enumerated offense by Mr. Epstein. Any judicial
authority interpreting this provision, including any authority determining
which evidentiary burdens if any a plaintiff must meet, shall consider that it is
the intent of the parties to place these identified victims in the same position
as they would have been had Mr. Epstein been convicted at trial. No more; no
less."
Through this letter, this Office hereby provides Notice that you,
are an
individual whom the United States was prepared to name as a victim of an enumerated
offense.
Should you decide to file a claim against Jeffrey Epstein, his attorney, Jack
Goldberger, asks that you have your attorney contact Mr. Goldberger at Atterbury
and Weiss, 250 Australian Avenue South, Suite 1400, West Palm Beach, FL 33401,
Please understand that neither the U.S. Attorney's Office nor the Federal Bureau of
Investigation can take part in or otherwise assist in civil litigation; however, if you do file a
claim under 18 U.S.C. § 2255 and Mr. Epstein denies that you are a victim of an enumerated
offense, please provide written documentation of that denial to the undersigned.
Thank you for all of your assistance during the course of this investigation and please
accept the heartfelt regards of myself and Special Agents Kuyrkendall and Richards for your
health and well-being.
By:
cc:
Jack Goldberger, Esq.
EFTA00176955
Case No. 08-80736-Civ-Marra/Johnson
Petitioner.
FILED by
D.C.
JUL - 9 2008
S.D. OF FL& • wmal
IN SUPPORT OF UNITED STATES' RESPONSE
TO VICTIM'S EMERGENCY PETITION FOR ENFORCEMENT
OF CRIME VICTIM RIGHTS ACT, 18 U.S.C. § 3771
1.
1,
do hereby declare that I am a member in good standing
of the Bar of the State of Florida.
I also am
admitted to practice in all courts of the states of Minnesota and Florida, the Eighth, Eleventh,
and Federal Circuit Courts of Appeals, and the U.S. District Courts for the Southern District
of Florida, the District of Minnesota, and the Northern District of California. My bar
admission status in California and Minnesota is currently inactive. I am currently employed
as an Assistant United States Attorney in the Southern District of Florida and was so
employed during all of the events described herein.
EFTA00176956
2.
I am the Assistant United States Attorney assigned to the investigation of
Jeffrey Epstein. The case was investigated by the Federal Bureau of Investigation ("FBI").
The federal investigation was initiated in 2006 at the request of the Palm Beach Police
Department ("PBPD") into allegations that Jeffrey Epstein and his personal assistants had
used facilities of interstate commerce to induce young girls between the ages of thirteen and
seventeen to engage in prostitution, amongst other offenses.
3.
Throughout the investigation, when a victim was identified, victim notification
letters were provided to her both from your Affiant and from the FBI's Victim-Witness
Specialist. Attached hereto are copies of the letters provided to Bradley Edwards' three
clients, .., ..,
and
Your Affiant's letter to
was provided by the FBI. (Ex.
1). Your Affiant's letter to
was hand-delivered by myself to
at the time that she
was interviewed (Ex. 2).2 Both
and
also received letters from the FBI's Victim-
Witness Specialist, which were sent on January 10, 2008 (Exs. 3 & 4). M. was identified
via the FBI's investigation in 2007, but she initially refused to speak with investigators.
M's status as a victim of a federal offense was confirmed when she was interviewed by
'Attorney Edwards filed his Motion on behalf of "Jane Doe," without i
r u
whicluf
his clients is the purported victim. Accordingly, I will address facts related to
., and
All three of those clients were victims of Jeffrey Epstein's While they were minors beginning when
they were fifteen years old.
'Please note that the dates on the U.S. Attorney's Office letters to
and
are not the
dates that the letters were actually delivered. Letters to all known victims were prepared early in the
investigation and delivered as each victim was contacted.
-2-
EFTA00176957
federal agents on May 28, 2008. The FBI's Victim-Witness Specialist sent a letter to
on May 30, 2008 (Ex. 5).
4.
Throughout the investigation, the FBI agents, the FBI's Victim-Witness
Specialist, and your Affiant had contact with.. and M. Attorney Edwards' other client,
M., was represented by counsel and, accordingly, all contact with M. was made through
that attorney. That attorney was James Eisenberg, and his fees were paid by Jeffrey Epstein,
the target of the investigation?
5.
• In the summer of 2007, Mr. Epstein and the U.S. Attorney's Office for the
Southern District of Florida ("the Office") entered into negotiations to resolve the
investigation. At that time, Mr. Epstein had been charged by the State of Florida with
solicitation of prostitution, in violation of Florida Statutes § 796.07. Mr. Epstein's attorneys
sought a global resolution of the matter. The United States subsequently agreed to defer
federal prosecution in favor of prosecution by the State of Florida, so long as certain basic
preconditions were met. One of the key objectives for the Government was to preserve a
federal remedy for the young girls whom Epstein had sexually exploited. Thus, one
condition of that agreement, notice of which was provided to the victims on July 9, 2008, is
the following:
"Any person, who while a minor, was a victim of a violation of an offense
enumerated in Title 18, United States Code, Section 2255, will have the same
rights to proceed under Section 2255 as she would have had, if Mr. Epstein
'The undersigned does not know when Mr. Edwards began representing ■. or whether
■. ever formally terminated Mr. Eisenberg's representation.
-3-
EFTA00176958
had been tried federally and convicted of an enumerated offense. For purposes
of implementing this paragraph, the United States shall provide Mr. Epstein's
attorneys with a list of individuals whom it was prepared to name in an
Indictment as victims of an enumerated offense by Mr. Epstein. Any judicial
authority interpreting this provision, including any authority determining
which evidentiary burdens if any a plaintiff must meet, shall consider that it is
the intent of the parties to place these identified victims in the same position
as they would have been had Mr. Epstein been convicted at trial. No more; no
less."
6.
An agreement was reached in September 2007. The Agreement contained an
express confidentiality provision.
7.
Although individual victims were not consulted regarding the agreement,
several had expressed concerns regarding the exposure of their identities at trial and they
desired a prompt resolution of the matter. At the time the agreement was signed in
September 2007,.. was openly hostile to the prosecution of Epstein. The FBI attempted
to interview ■. in October 2007, at which time she refused to provide any information
regarding Jeffrey Epstein. None of Attorney Edwards' clients had expressed a desire to be
consulted prior to the resolution of the federal investigation.
8.
As explained above, one of the terms of the agreement deferring prosecution
to the State of Florida was securing a federal remedy for the victims. In October 2007,
shortly after the agreement was signed, four victims were contacted and these provisions
were discussed. One of those victims was.. who at the time was not represented, and she
was given notice of the agreement. Notice was also provided of an expected change of plea
in October 2007. When Epstein's attorneys learned that some of the victims had been
-4-
EFTA00176959
notified, they complained that the victims were receiving an incentive to overstate their
involvement with Mr. Epstein in order to increase their damages claims. While your Affiant
knew that the victims' statements had been taken and corroborated with independent
evidence well before they were informed of the potential for damages, the agents and I
concluded that informing additional victims could compromise the witnesses' credibility at
trial if Epstein reneged on the agreement.
9.
After
had been notified of the terms of the agreement, but before Epstein
performed his obligations, ■. contacted the FBI because Epstein's counsel was attempting
to take her deposition and private investigators were harassing her. Your Affiant secured pro
bono counsel to represent ■. and several other identified victims. Pro bono counsel was
able to assist ■.
in avoiding the improper deposition. That pro bono counsel did not
express to your Affirm( that ■. was dissatisfied with the resolution of the matter.
10.
In mid-June 2008, Attorney Edwards contacted your Affiant to inform me that
he represented ■. and ■. and asked to meet to.provide me with information regarding
Epstein. I invited Attorney Edwards to send to me any information that he wanted me to
consider. Nothing was provided. I also advised Attorney Edwards that he should consider
contacting the State Attorney's Office, if he so wished. I understand that no contact with that
office was made. Attorney Edwards had alluded to ■., so I advised him that, to my
knowledge, ■. was still represented by Attorney James Eisenberg.
-5-
EFTA00176960
I I.
On Friday, June 27, 2008, at approximate 4:15 p.m., your Affiant received a
copy of the proposed state plea agreement and learned that the plea was scheduled for 8:30
a.m., Monday, June 30, 2008. Your Affiant and the Palm Beach Police Department
attempted to provide notification to victims in the short time that Epstein's counsel had given
us. Although all known victims were not notified, your Affiant specifically called attorney
Edwards to provide notice to his clients regarding the hearing. Your Affiant believes that
it was during this conversation that Attorney Edwards notified me that he represented ■.,
and I assumed that he would pass on the notice to her, as well. Attorney Edwards informed
your Affiant that he could not attend but that someone would be present at the hearing. Your
Affiant attended the hearing, but none of Attorney Edwards' clients was present.
12.
On today's date, your Affiant provided the attached victim notifications to
M. and S.R. via their attorney, Bradley Edwards (Exs. 6 & 7). A notification was not
provided to
because the U.S. Attorney's modification limited Epstein's liability to
victims whom the United States was prepared to name in an indictment. In light of M's
prior statements to law enforcement, your Affiant could not in good faith include.. as a
victim in an indictment and, accordingly, could not include her in the list provided to
Epstein's counsel.
13.
Furthermore, with respect to the Certification of Emergency, Attorney Edwards
did not ever contact me prior to the filing of that Certification to demand the relief that he
requests in his Emergency Petition. On the afternoon of July 7, 2008, after your Affiant had
-6-
EFTA00176961
already received the Certification of Emergency and Emergency Petition, I received a letter
from Attorney Edwards that had been sent, via Certified Mail, on July 3, 2008. While that
letter urges the Attorney General and the United States Attorney to consider "vigorous
enforcement" of federal laws with respect to Jeffrey Epstein, it contains no demand for the
relief requested in the Emergency Petition.
14.
I declare under penalty of perjury, pursuant to 28 U.S.C. § 1746 that the
foregoing is true and correct to the best of my knowledge and belief.
Executed this pm day of July, 2008.
-7-
EFTA00176962
United States Attorney's Office
Southern District of Florida
500 S. Australian Ave., Suite 400
West Palm Beach, FL 33401-6235
DATE: g 3/0g
TO:
ORGANIZATION:
(..eritA)ila
KiAlaraci' GIUS
FAX #:
2 -1Z- Cu rIC,
o
SUBJECT:
FROM:
NUMBER OF PAGES, INCLUDING THIS PAGE: / et
COMMENTS:
Original document:
To follow via regular mail
To follow via Federal Express
To follow via hand delivery
Nothing to follow, FAX = original
EFTA00176963
P.
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EFTA00176964