Text extracted via OCR from the original document. May contain errors from the scanning process.
(USAFLS)
From:
(USAFLS)
Sent
Monday, August 25, 2008 9:48 AM
To:
Acosta, AleiliS.AFLS ;
(USAFLS);
(USAFL5);
(USAFLS)
Subject
Letter re Epstein and Protective Order
Attachments:
080822 Leikowitz IV to
Good morning, everyone.
(USAFLS);
I have attached a letter from Jay Lefkowitz that came in by fax on Friday night. The good news is that they
seem to be in a reement regarding Mr. Joscfsbcrg. Most of the letter doesn't really require a comment, but I
wanted to get
feedback regarding the notification to the victims of their right to see the
agreement. Here is the language from my proposed victim notification letter:
"In addition, a judge has ordered that the United States make available to any designated victim
(and/or her attorney) a copy of the actual agreement between Mr. Epstein and the United States, so
long as the victim (and/or her attorne reviews, signs, and agrees to be bound by a Protective
Order entered by the Court. If Ms.
would like to review the Agreement, please let me
know, and I will forward a copy of the Protective Order for her signature."
Lefkowitz objects, but I am wondering whether
agrees that the spirit of our discussions with
Judge Marra requires such a notification. If we make the entire agreement available to Mr.
Josefsberg and he conveys that information to all of his clients, the concern becomes moot, I
suppose.
Lastly, from my discussion with
it appears that the Office does not want to add to the list the names of
victims identified after the date of signing the September agreement unless ourjgvestigation had provided
enough information that we were pre ared to include them in the indictment —M., the New York girls — and
that you do not want me to re-add
to the list, even though we have extensive corroboration of her
involvement with Epstein. Can someone please confirm?
Thank you all.
<<080822 Lefkowitz Itr to M=
.>>
Assistant U.S. Attorney
500 S. Australian Ave, Suite 400
West Palm Beach, FL 33401
Phone
Fax
08-80736-CV-MARRA
P-015173
385
EFTA00189056
(USAFLS)
From:
(USAFLS) <
Sent
Monda Au ust 25, 2008 10:25 AM
To:
USAFLS ; Acosta, Alex (USAFLS);
(USAFLS);
(USAFLS)
Subject
RE: Letter re Epstein and Protective Order
(USAFLS);
During our telephonic hearing, I received the clear impression that Judge Marra wanted the other victims
(non-parties to the Jane Doe litigation), would be given the opportunity to see the Agreement, subject to each
one agreeing to be bound by the protective order. I believe it would be contrary to Judge Marra's intent for
us to go through the trouble of creating a mechanism for the other non-party victims to have access to the
Agreement, and then not tell them there Is an Agreement.
Also, does CVRA impose any obligation on us, independent of what Judge Marra ordered, to advise the victims
of the Agreement?
From:
(USAFLS)
•
(USAFLS);
(USAFLS);
(USAFLS);
(USAFLS)
Good morning, everyone.
I have attached a letter from Jay Lefkowitz that came in by fax on Friday night. The good news is that they
seem to be in a reement regarding Mr. Josefsberg. Most of the letter doesn't really require a comment, but t
wanted to get
feedback regarding the notification to the victims of their right to see the
agreement.
ere is e language from my proposed victim notification letter:
"In addition, a judge has ordered that the United States make available to any designated victim
(and/or her attorney) a copy of the actual agreement between Mr. Epstein and the United States, so
long as the victim (and/or her attorne
reviews, signs, and agrees to be bound by a Protective
Order entered by the Court. If Ms.
would like to review the Agreement, please let me
know, and I will forward a copy of the Protective Order for her signature."
Lefkowitz objects, but I am wondering whether
agrees that the spirit of our discussions with
Judge Marra requires such a notification. If we make the entire agreement available to Mr.
Josefsberg and he conveys that information to all of his clients, the concern becomes moot, I
suppose.
Lastly, from my discussion with
it appears that the Office does not want to add to the list the names of
victims identified after the date oiling thS8e6iligtvitraMunless our investigation had providefLo 15174
386
EFTA00189057
su
m
enough information that we were re aced to include them in the indictment — I., the New York girls — and
that you do not want me to re-add
to the list, even though we have extensive corroboration of her
involvement with Epstein. Can someone p ease confirm?
Thank you all.
<< File: 080822 Leficowilz kr to
Assistant U.S. Attorney
500 S. Australian Ave, Suite 400
West Palm Reach, FL 33401
Phone
Fax
>>
08-80736-CV-MARRA
387
P-015175
EFTA00189058
*No untkurn PAR I PAESI IIPS
Now York. New York 10027461)
Jay P I otkowiC. P C
To Call Wilier ()Healy
F:incormln
vats lorkian0 coon
August 22, 2008
VIA FACSIMILE.
tinned States Attorney's Office
.Southern District of Florida
500 South Australian Avenue. Suite 400
West Palm Beach. Florida 33401
Re:
%Wry Epstein
Dear
I write this letter to correct certain misstatements made in your letter dated August 21.
2008. and the accompanying draft notification.
First. you state that "Mr. Joscfsberg expended time, effon and funds in preparing to serve
as attorney representative in October of 2007.- Neither I. nor any other attorney on Mr.
Epstein's defense 14.11M. was notified of this work by Mr. Joselsberg.
Second. in the victim notification letter, no judge "has ordered that the United States"
make available a copy of the Non-Prosecution. Agreement. Section (1) of the Order to Compel
Production and Protective Order provides that if any of the alleged "victims" and/or their
attorneys -request the opponunity to review the Agreement." the MAO shalt comply with tlx:
request so long as those individuals agree not to disclose the Non-Prosecution Agreement. There
is no court order requiring the government to provide the alleged "victims" with notice that the
Non-Pro.seetaion Agreement is available to theta upon request and doing so is in conflict with
the cunlidunliality provisions of the Agreement. Given that the individuals un the list will have
an attorney representative who is fully aware of the terms of the Non-Prosecution Agreement
this eonlliciing paragraph of your notice is unnecessary in any event and should be excised.
Third. misstatements in your prior notification were not made "with the approval of
Mr. Ipsiein's counsel."
Fourth. we are concerned with your openended description of Mr. lipstein's
responsibilities regarding civil restitution. The resolution of liability pursuant to 18 U.S.C.
08-80736-CV-MARRA
P-015176
EFTA00189059
August 22. 200X
Page 2
ti 2255 is as stated in paragraphs 7 and S of the .Agreement and die Addendum to the Agreement.
no more. no less.
Filth. while:you mate, in your letter, that the LISA° does not intend to delete any of the
names on the list provided to Mr. Epstein's counsel, you do not confirm that the prior list is final
and complete. There can he no expansion of the list of individuals that you informed us had
been memorialized as of September 24. 2007 and disclosed to Mr. Epstein un June 30. 2005 (the
date of sentence pursuant to the Agreement's disclosure requirements). Please eonlinn the exact
name and number of individuals the government plans on notifying as provided for under the
Agreement.
Sixth, based on express language in prior communications front your Office. we are in
agreement that paragraphs 7 and 8 of the Agreement arc in need of clarification and
implementation. We will work with the attorney representative in attempting to reach a fair
resolution of the outstanding civil matters in a manner that is in accordance with the Agreement.
Seventh, we have previously communicated onr objections to the propriety of the
attorney representative engaging in contested litigation. We again dispute the assertion that
Mr. loselsberg's duties include filing contested litigation. In any ease. that issue is not ripe liar
resolution in this point, hut again, given his agreement to be the attorney representative. we will
address these matters directly with Mr. Joscfsbcrg.
cc:
Chief. Northern Division
08-80736-CV-MARRA
P-015177
EFTA00189060
Fax Transmittal
Please notify us immediately if any pages arc not received.
PLEASE NOT
IM EDIATELY AT:
To:
CC:
Company:
United States Attorney's Office
Company:
United States Attorney's Olliee
fax
Direct #:
Fax ti:
Direct It:
From:
•
Date:
Pagonwrcover:
Fax #:
Direct #:
Jay 1'. Lelltowitz
August 22, 200R
3
Message:
08-80736-CV-MARRA
P-015178
EFTA00189061
(USAFLS)
From:
(USAFLS) <
Sent:
Monc
o ll
ugust 25, 2008 1:54 PM
To:
(USAFLS)
Subject:
RE: Letter re Epstein and Protective Order
>
— Thank you for your response. Did you ever send the agreement to Brad? Do you want me to do
that.
Assistant U.S. Attorney
500 S. Australian Ave, Suite 400
West Palm Beach, FL 33401
Phone
Fax
From:
(USAFLS)
Sen
5 2008 10:25 AM
To:
. (USAFLS); Acosta, Alex (USAFLS);
(USAFLS);
(USAFLS);
During our telephonic hearing, I received the clear impression that Judge Marra wanted the other victims
(non-parties to the Jane Doe litigation), would be given the opportunity to see the Agreement, subject to each
one agreeing to be bound by the protective order. I believe it would be contrary to Judge Marra's intent for
us to go through the trouble of creating a mechanism for the other non-party victims to have access to the
Agreement, and then not tell them there is an Agreement.
Also, does CVRA impose any obligation on us, independent of what Judge Marra ordered, to advise the victims
of the Agreement?
FrWJSAFLS)
y, August 25, lig
(USAFLS);
(USAFLS);
(USAFLS);
(USAFLS)
Good morning, everyone.
08-80736-CV-MARRA
P-015179
388
EFTA00189062
I have attached a letter from Jay Lefkowitz that came in by fax on Friday night. The good news is that they
seem to be in a eement regarding Mr. Josefsberg. Most of the letter doesn't really require a comment, but I
wanted to get
feedback regarding the notification to the victims of their right to see the
agreement. I lere is e language from my proposed victim notification letter:
"In addition, a judge has ordered that the United States make available to any designated victim
(and/or her attorney) a copy of the actual agreement between Mr. Epstein and the United States, so
long as the victim (and/or her attorne reviews, signs, and agrees to be bound by a Protective
Order entered by the Court. If Ms.
would like to review the Agreement, please let me
know, and I will forward a copy of the Protective Order for her signature."
Lefkowitz objects, but I am wondering whether
agrees that the spirit of our discussions with
Judge Marra requires such a notification. If we make the entire agreement available to Mr.
Josefsberg and he conveys that information to all of his clients, the concern becomes moot, I
suppose.
Lastly, from my discussion with
, it appears that the Office does not want to add to the list the names of
victims identified after the date o I signing the September agreement unless ourigvestigation had provided
enough information that we were p
are
' elude them in the indictment —M., the New York girls — and
that you do not want me to re-add
to the list, even though we have extensive corroboration of her
involvement with Epstein. Can someone please confirm?
Thank you all.
« File: 080822 Lefkowitz It to
Assistant U.S. Attorney
500 S. Australian Ave, Suite 400
West Palm Beach, FL 33401
Phone
Fax
>>
08-80736-CV-MARRA
389
P-015180
EFTA00189063
(USAFLS)
From:
(USAFLS) <
Sent:
Monde , Au ust 25, 2008 2:18 PM
To:
(USAFLS)
Subject:
RE: Letter re Epstein and Protective Order
>
I have not sent Brad the Agreement, and would appreciate it if you could take care of that. Are we sending
out parts I and II, and leaving out the December 2007 letter? Thanks.
From:
(USAFLS)
To:
(USAFLS)
I li .—
Thank you for your response. Did you ever send the agreement to Brad? Do you want me to do
that'.
Assistant U.S. Attorney
500 S. Australian Ave, Suite 400
West Palm Beach, FL 33401
Phone
Fax
From:
(USAFLS)
To:
(USAFLS); Acosta, Alex (USAFLS);
(USAFLS);
(USAFLS);
During our telephonic hearing, I received the clear impression that Judge Marra wanted the other victims
(non-parties to the Jane Doe litigation), would be given the opportunity to see the Agreement, subject to each
one agreeing to be bound by the protective order. I believe it would be contrary to Judge Marra's intent for
us to go through the trouble of creating a mechanism for the other non-party victims to have access to the
Agreement, and then not tell them there is an Agreement.
08-80736-CV-MARRA
P-015181
390
EFTA00189064
Also, does CVRA impose any obligation on us, independent of what Judge Marra ordered, to advise the victims
of the Agreement?
Fr&q..IrSARS)
y, August 25,
•
(USAFLS);
(USARS);
(USAFLS);
(USAFLS)
Good morning, everyone.
I have attached a letter from Jay Lefkowitz that came in by fax on Friday night. The good news is that they
seem to be in a
ement regarding Mr. Josefsberg. Most of the letter doesn't really require a comment, but I
wanted to get
feedback regarding the notification to the victims of their right to see the
agreement. ['ere is e language from my proposed victim notification letter:
"In addition, a judge has ordered that the United States make available to any designated victim
(and/or her attorney) a copy of the actual agreement between Mr. Epstein and the United States, so
lt
long as the victim (and/or her atto
r Niews, signs, and agrees to be bound by a Protective
Order entered by the Court. If Ms.
m
i
would like to review the Agreement, please let me
know, and I will forward a copy of the Protective Order for her signature."
Lefkowitz objects, but I am wondering whether
agrees that the spirit of our discussions with
Judge Marra requires such a notification. If we make the entire agreement available to Mr.
Josefsberg and he conveys that information to all of his clients, the concern becomes moot, I
suppose.
Lastly, from my discussion with pi it appears that the Office does not want to add to the list the names of
victims identified after the date o signing the September agreement unless our vestigation had provided
iii
enough information that we were
' elude them in the indictment — M., the New York girls — and
that you do not want me to re-add
to the list, even though we have extensive corroboration of her
involvement with Epstein. Can someone p ease confirm?
Thank you all.
<< File: 080822 Lefkowitz ltr to
Assistant U.S. Attorney
500 S. Australian Ave, Suite 400
West Palm Beach, FL 33401
Phone
>>
08-80736-CV-MARRA
P-015182
391
EFTA00189065
Fax
08-80736-CV-MARRA
P-015183
392
EFTA00189066
(USAFLS)
From:
(USAFLS) <
Sent:
Monc
.iugust
25, 2008 2:20 PM
To:
(USAFLS)
Subject:
RE: Letter re Epstein and Protective Order
Yes, that was my plan. I will send it out today. Thanks.
Assistant U.S. Attorney
500 S. Australian Ave, Suite 400
West Palm Beach, FL 33401
Phone
Fax
From:
(USAFLS)
To:
(USAFLS)
Sub ect: RE: Lettera.Epstein and Protective Order
I have not sent Brad the Agreement, and would appreciate it if you could take care of that. Are we sending
out parts I and II, and leaving out the December 2007 letter? Thanks.
From:
(USAFLS)
Sen •
ugust 25, 2008 1:54 PM
To:
(USAFLS)
Hi
— Thank you for your response. Did you ever send the agreement to Brad? Do you want me to do
that.
Assistant U.S. Attorney
500 S. Australian Ave, Suite 400
West Palm Beach, FL 33401
08-80736-C V-MARRA
P-015184
393
EFTA00189067
Phone
Fax
From:
(USAFLS)
To:
(USAFLS); Acosta, Alex (USAFLS);
(USAFLS);
(USAFLS);
During our telephonic hearing, I received the clear impression that Judge Marra wanted the other victims
(non-parties to the Jane Doe litigation), would be given the opportunity to see the Agreement, subject to each
one agreeing to be bound by the protective order. I believe it would be contrary to Judge Marra's intent for
us to go through the trouble of creating a mechanism for the other non-party victims to have access to the
Agreement, and then not tell them there is an Agreement.
Also, does CVRA impose any obligation on us, independent of what Judge Marra ordered, to advise the victims
of the Agreement?
From:
(USAFLS)
•
(USAFLS);
(USAFLS);
(USAFLS);
(USAFLS)
Good morning, everyone.
I have attached a letter from Jay Lefkowitz that came in by fax on Friday night. The good news is that they
seem to be in a reement regarding Mr. Josefsberg. Most of the letter doesn't really require a comment, but I
wanted to get
feedback regarding the notification to the victims of their right to see the
agreement. Here is the language from my proposed victim notification letter:
"In addition, a judge has ordered that the United States make available to any designated victim
(and/or her attorney) a copy of the actual agreement between Mr. Epstein and the United States, so
long as the victim (and/or her attome
reviews, signs, and agrees to be bound by a Protective
Order entered by the Court. If Ms.
would like to review the Agreement, please let me
know, and I will forward a copy of the Protective Order for her signature."
Lefkowitz objects, but I am wondering whether
agrees that the spirit of our discussions with
Judge Marra requires such a notification. If we make the entire agreement available to Mr.
Josefsberg and he conveys that information to all of his clients, the concern becomes moot, I
suppose.
I
Lastly, from my discussion with
, it appears that the Office does not want to add to the list the names of
victims identified after the date o signing tbfleggeleVajilbtgagAunless our investigation had provide11-0 15185
394
EFTA00189068
enough information that we were re ared to include them in the indictment — E., the New York girls — and
that you do not want me to re-add
to the list, even though we have extensive corroboration of her
involvement with Epstein. Can someone p ease confirm?
Thank you all.
<< File: 080822 Lefkowitz Itr to
Assistant U.S. Attorney
500 S. Australian Ave, Suite 400
West Palm Beach, FL 33401
Phone
Fax
08-80736-CV-MARRA
P-015186
395
EFTA00189069