UNITED STATES DISTRICT COURT

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 08-80736-Civ-MarratIVIatthewman JANE DOE #1 AND JANE DOE #2, Petitioners, UNITED STATES OF AMERICA, Respondent. UNITED STATES' NOTICE OF FILING THIRD SUPPLEMENTAL PRIVILEGE LOG Pursuant to the Court's June 18, 2013 Omnibus Order (DE 190), the Respondent, United States of America, by and through the undersigned Assistant United States Attorney, hereby gives notice of its filing of its Third Supplemental Privilege Log. The index has been marked with Bates Numbers P-014924 thru P-015267. The documents referenced in the Third Supplemental Privilege Log will be delivered tomorrow to the Chambers of U.S. District Judge Kenneth A. Marra for ex parte in camera review, pursuant to the Court's Omnibus Order. Respectfully submitted, WIFREDO A. FERRER UNITED STATES ATTORNEY By: s/A. Marie Villafafia A. MARIE VILLAFAFIA Assistant United States Attorney Florida Bar No. 0018255 500 South Australian Ave, Suite 400 West Palm Beach, FL 33401 Telephone: 561-820-8711 Facsimile: 561-820-8777 ann.marie.c.villafana@usdoj.gov EFTA00190318 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on August 3, 2015, I electronically filed the foregoing document with the Clerk of the Court using CM/ECF. According to the Court's website, counsel for all parties are able to receive notice via the CM/ECF system. s/A. Marie Viilafafia A. MARIE VILLAFAA Assistant United States Attorney SERVICE LIST Jane Does I and 21. United States, Case No. 08-80736-CIV-MARRA/MATTHEWMAN United States District Court, Southern District of Florida Brad Edwards, Esq., Farmer Jaffe Weissing Edwards Fistos Lehrman 425 N Andrews Ave Ste 2 Fort Lauderdale, FL 33301-3268 brad®pathtojustice.com 954-524-2820 Fax: 954-524-2822 Paul G. Cassell S.J. Quinney College of Law at the University of Utah 332 S. 1400 E. Salt Lake City, Utah 84112 (80 I ) 585-5202 Fax: (801) 585-6833 E-mail: casselp®law.utah.edu Attorneys for Jane Doe # I and Jane Doe # 2 2 EFTA00190319 Fax 561 820-8777 From: Villafana, Ann Marie C. (USAF! RI Sent: Tuesday, June 24, 2008 4:05 PM To: 'Roy BLACK'; 'Jack Goldberger' Cc: Atkinson, Karen (USAFLS) Subject: Jeffrey Epstein Agreement Dear Roy and Jack: ReAAA ea A I am just writing to re-state that it is cd, binding agreement and that there is no need for further mod Nr4j. Please keep us informed of the date 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 EFTA00190320 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) <AVillafana@usa.doj.gov> Sent: Wednesday, July 09, 2008 12:35 PM To: Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS); Atkinson, Karen (USAFLS) Cc: Kuyrkendall, E N. (MM) (FBI); Richards, Jason R. (MM) (FBI); Lee, Dexter (USAFLS) Subject: FW: Jeffrey Epstein -- Response from Jack Goldberger Attachments: Letter to A. Marie Villafana dated 070908.pdf Attached please find Jack Goldberger's response to my letter. A. Marie Villafafla Assistant U.S. Attorney 561 209-1047 Original Message From: Nira Alanis [mailto:nalanist anwoa.comi Sent: Wednesday, July 09, 2008 12:28 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Jeffrey Epstein This attachment has been sent to you on behalf of Jack A. Goldberger, Esquire. Regards, Nayanira Alanis, Legal Assistant Atterbury, Goldberger & Weiss, P.A. 250 Australian Avenue South Suite 1400 West Palm Beach, FL 33401 T#561.659-8300 F#561.835-8691 25 EFTA00190321 ctW'ti corny'% July 9, 2008 A. Marie C. Villafana, Esq. Assistant United States Attorney United States Attorney's Office 500 South Australian Avenue 4th Floor, Suite 400 West Palm Beach, Florida 33401 SENT VIA E-MAIL ct FACSIMILE (561) 820-8777 Re: Jeffrey E. Epstein Dear Ms. Villafana: JOSEPH R.ATTERBURY • t JACK A. GOLDBERGER JASON &WEISS Board Certified Criminal Trial Attorney f Member of New Jersey & Florida Bars 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). Rather, a simple one page notification directed only to the recipient, and limited to the information currently on the first page of your draft memorandum would suffice. One Clearlake Centre. Suite 1400 250 Australian Avenue South West Palm Beach, FL 33401 p 561.659.8300 f 561.835.8691 wwwagwpa.com EFTA00190322 (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. (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, V trul A. Goldberger cc: Jeffrey Epstein EFTA00190323 From: viiiatana, Ann Marie C. (USAFLS) Sent: Wednesday, November 28, 2007 4:47 PM To: Jay Lefkowitz Cc: Sloman, Jeff (USAFLS); Acosta, Alex (USAFLS) Subject: Epstein: Victim Notification Letter Dear Jay: Jeff asked that I forward the victim notification letter to you. It is attached. Thank you. «Victim Notification Ltr.pdf» A. Marie Villafafia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 39 EFTA00190324 U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beach, FL 33401 (561) 8204711 Facsimile: (561) 820-8777 November 29, 2007 DELIVERY BY HAND Miss Re: Crime Victims' Riahts — 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: (I) 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 Mr. Epstein and the U.S. Attorney's Office have reached an agreement containing the following terms. 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 predator for the remainder of his life. EFTA00190325 MISS NOVEMBER 29, 2007 PAGE 2 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 not contest jurisdiction or liability if you elect to seek damages from him because the United States has identified you as a minor victim of certain federal offenses, including travel in interstate commerce to engage in prostitution with minors and the use of facilities of interstate commerce to induce minors to engage in prostitution. 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 (305) 358-2800. 1 anticipate that someone from their law firm will be contacting you shortly. I must also advise you that you are not obligated to use these attorneys. In fact you have the absolute right to select your own attorney. so you can decide not to speak with Mssrs. Podhurst/ Josefsberg at all. or you can speak with them and decide at any time to use a different attorney. Ifyou 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 will 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, 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 home, work, and/or cell phone numbers EFTA00190326 MISS NOVEMBER 29, 2007 PAGE 3 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 any questions or concerns, please do not hesitate to contact me or Special Agent Nesbitt Kuyrkendall at (561) 822-5946. Sincerely, R. Alexander Acosta United States Attorney By: A. Marie Villafana Assistant United States Attorney cc: Special Agent Nesbitt Kuyrkendall, F.B.I. Ms. Clearetha Wright, Victim-Witness Coordinator, U.S. Attorney's Office EFTA00190327 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) <AVillafana@usa.doj.gov> Sent: Tuesday, June 24, 2008 2:02 PM To: Jack Goldberger Cc: Atkinson, Karen (USAFLS) Subject: RE: Jeffrey Epstein Jack, Karen and I will call you at 3:30. Should we call 659-8300? And what number should we use for Roy? Thank you. A. Marie Villafalia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Reach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Jack Goldberger [mailto:jgoldberger@agwpa.com] Sent: Tuesday, June 24, 2008 1:32 PM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Jeffrey Epstein I'm ok with 3;30 please conference me into the call Jack From: Villafana, Ann Marie C. (USAFLS) [malito:Ann.Marie.C.Villafana@usdoj.govj Sent: Tuesday, June 24, 2008 12:23 PM To: RBlack@RoyBlack.com Cc: Atkinson, Karen (USAFLS) Subject: FW: Jeffrey Epstein Dear Roy: Jeff Sloman contacted me and asked me to return your call regarding the Epstein matter. I am forwarding to you an e-mail that I sent to Jay Lefkowitz last night. Karen and I can call you at 3:30 to speak about your list of issues. If that time does not work, please let me know what times you are available. Thank you. A. Marie I/alfalfa Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 76 EFTA00190328 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Villafana, Ann Marie C. (USAFLS) Sent: Monday, June 23, 2008 5:55 PM To: lefkowitz@kirkland.com; Jay Lefkowitz Cc: Atkinson, Karen (USAFLS) Subject: Jeffrey Epstein Dear Mr. Lefkowitz: 1 understand that the Deputy Attorney General has completed his review of the Epstein matter and has determined that federal prosecution of Mr. Epstein's case is appropriate. Accordingly, Mr. Epstein has until the close of business on Monday, June 30, 2008, to comply with the terms and conditions of the agreement between the United States and Mr. Epstein (as modified by the U.S. Attorney's December 19th letter to Ms. Sanchez), including entry of a guilty plea, sentencing, and surrendering to begin his sentence of imprisonment. If you have any questions, please feel free to contact me at the number shown below. A. Marie Villafafla Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 77 EFTA00190329 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) <AVillafanagusa.dolgov> Sent: Tuesday, June 24, 2008 12:23 PM To: REtlack@Royelack.com Cc: Atkinson, Karen (USAFLS) Subject FW: Jeffrey Epstein Dear Roy: Jeff Sloman contacted me and asked me to return your call regarding the Epstein matter. I am forwarding to you an e-mail that I sent to Jay Lefkowitz last night. Karen and I can call you at 3:30 to speak about your list of issues. If that time does not work, please let me know what times you are available. 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 From: Villafana, Ann Marie C. (USAFLS) Sent: Monday, June 23, 2008 5:55 PM To: lefkowitz@kirkland.com; Jay Lefkowitz Cc: Atkinson, Karen (USAFLS) Subject: Jeffrey Epstein Dear Mr. Lefkowitz: I understand that the Deputy Attorney General has completed his review of the Epstein matter and has determined that federal prosecution of Mr. Epstein's case is appropriate. Accordingly, Mr. Epstein has until the close of business on Monday, June 30, 2008, to comply with the terms and conditions of the agreement between the United States and Mr. Epstein (as modified by the U.S. Attorney's December 19'h letter to Ms. Sanchez), including entry of a guilty plea, sentencing, and surrendering to begin his sentence of imprisonment. If you have any questions, please feel free to contact me at the number shown below. A. Marie Villafana 81 EFTA00190330 Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 82 EFTA00190331 Villafana, Ann Marie C. (USAFLS) From: Jack Goldberger <jgoldberger@agwpa.com> Sent: Tuesday, June 24, 2008 1:32 PM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Jeffrey Epstein I'm ok with 3;30 please conference me into the call Jack From: Villafana, Ann Marie C. (USAFLS) (mailto:Ann.Marle.C.Villafana@usdoj.gov] Sent: Tuesday, June 24, 2008 12:23 PM To: RBlack@RoyBlack.com Cc: Atkinson, Karen (USAFLS) Subject: FW: Jeffrey Epstein Dear Roy: Jeff Sloman contacted me and asked me to return your call regarding the Epstein matter. I am forwarding to you an e-mail that I sent to Jay Lefkowitz last night. Karen and I can call you at 3:30 to speak about your list of issues. If that time does not work, please let me know what times you are available. 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 From: Villafana, Ann Marie C. (USAFLS) Sent: Monday, June 23, 2008 5:55 PM To: lefkowitz@kirkland.com; Jay Lefkowitz Cc: Atkinson, Karen (USAFLS) Subject: Jeffrey Epstein Dear Mr. Lefkowitz: I understand that the Deputy Attorney General has completed his review of the Epstein matter and has determined that federal prosecution of Mr. Epstein's case is appropriate. 83 EFTA00190332 Accordingly, Mr. Epstein has until the close of business on Monday, June 30, 2008, to comply with the terms and conditions of the agreement between the United States and Mr. Epstein (as modified by the U.S. Attorney's December 10 letter to Ms. Sanchez), including entry of a guilty plea, sentencing, and surrendering to begin his sentence of imprisonment. If you have any questions, please feel free to contact me at the number shown below. 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 84 EFTA00190333 Villafana, Ann Marie C. (USAFLS) From: Roy BLACK <RBLACK@royblack.com> Sent: Tuesday, June 24, 2008 3:02 PM To: Villafana, Ann Marie C. (USAFLS) Cc: jack goldberger Subject: Re: FW: Jeffrey Epstein Marie that is a good time. I also want to conference Jack Goldberger into the call. This will be a wrap up call. Roy >>> "Villafana, Ann Marie C. (USAFLS)" <Ann.Marie.C.Villafana@usdoj.gov> 6/24/2008 12:23 PM >>> Dear Roy: Jeff Sloman contacted me and asked me to return your call regarding the Epstein matter. I am forwarding to you an e-mail that I sent to Jay Lefkowitz last night. Karen and I can call you at 3:30 to speak about your list of issues. If that time does not work, please let me know what times you are available. Thank you. A. Marie Villafaila Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209.1047 Fax 561 820-8777 From: Villafana, Ann Marie C. (USAFLS) Sent: Monday, June 23, 2008 5:55 PM To: letkowitz@kirkland.com; Jay Lefkowitz Cc: Atkinson, Karen (USAFLS) Subject: Jeffrey Epstein Dear Mr. Lefkowitz: I understand that the Deputy Attorney General has completed his review of the Epstein matter and has dctcnnincd that federal prosecution of Mr. Epstein's case is appropriate. Accordingly, Mr. Epstein has until the close of business on Monday, June 30, 2008, to comply with the terms and conditions of the agreement between the United States and Mr. Epstein (as modified by the U.S. Attorney's December 19th letter to Ms. Sanchez), including entry of a guilty plea, sentencing, and surrendering to begin his sentence of imprisonment. If you have any questions, please feel free to contact me at the number shown below. 85 EFTA00190334 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 86 EFTA00190335 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) <AVillafana@usa.doj.gov> Sent: Tuesday, June 24, 2008 3:08 PM To: Roy BLACK Subject: RE: FW: Jeffrey Epstein Iii Roy -- Is this the best number to call? (305) 371-6421 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: Roy BLACK [mailto:RBLACKerovblack.comi Sent: Tuesday, June 24, 2008 3:02 PM To: Villafana, Ann Marie C. (USAFLS) Cc: jack goldberger Subject: Re: FW: Jeffrey Epstein Marie that is a good time. I also want to conference Jack Goldberger into the call. This will be a wrap up call. Roy >>> "Villafana, Ann Marie C. (USAFLS)" <Ann.Maric.C.Villafana@usdoj.gov> 6/24/2008 12:23 PM >>> Dear Roy: Jeff Sloman contacted me and asked me to return your call regarding the Epstein matter. I am forwarding to you an e-mail that I sent to Jay Lcfkowitz last night. Karen and I can call you at 3:30 to speak about your list of issues. If that time does not work, please let me know what times you are available. 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 From: Villafana, Ann Marie C. (USAFLS) Sent: Monday, June 23,2008 5:55 PM To: letkowitz@kirk land.com; Jay Lefkowitz Cc: Atkinson, Karen (USAFLS) Subject: Jeffrey Epstein 87 EFTA00190336 Dear Mr. Leflcowitz: I understand that the Deputy Attorney General has completed his review of the Epstein matter and has determined that federal prosecution of Mr. Epstein's case is appropriate. Accordingly, Mr. Epstein has until the close of business on Monday, June 30, 2008, to comply with the terms and conditions of the agreement between the United States and Mr. Epstein (as modified by the U.S. Attorney's December 19th letter to Ms. Sanchez), including entry of a guilty plea, sentencing, and surrendering to begin his sentence of imprisonment. If you have any questions, please feel free to contact me at the number shown below. A. Marie Villafatha Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 88 EFTA00190337 Villafana, Ann Marie C. (USAFLS) From: Roy BLACK <RBLACK@royblack.com> Sent: Tuesday, June 24, 2008 3:13 PM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: FW: Jeffrey Epstein yes. >>> "Villafana, Ann Marie C. (USAFLS)" <Ann.Marie.C.Villafana®usdoj.gov> 6/24/2008 3:08 PM >>> Hi Roy -- Is this the best number to call? (305) 371-6421 A. Marie Villafafla 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: Roy BLACK fmailto:RBLACKFarovblack.contl Sent: Tuesday, June 24, 2008 3:02 PM To: Villafana, Ann Marie C. (USAFLS) Cc: jack goldberger Subject: Re: FW: Jeffrey Epstein Marie that is a good time. I also want to conference Jack Goldberger into the call. This will be a wrap up call. Roy >>> "Villafana, Ann Marie C. (USAFLS)" <Ann.Marie.C.Villafana@usdoj.gov> 6/24/2008 12:23 PM >>> Dear Roy: Jeff Sloman contacted me and asked me to return your call regarding the Epstein matter. I am forwarding to you an e-mail that I sent to Jay Lefkowitz last night. Karen and I can call you at 3:30 to speak about your list of issues. If that time does not work, please let me know what times you are available. Thank you. A. Marie Villafafla Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Villafana, Ann Marie C. (USAFLS) Sent: Monday, June 23, 2008 5:55 PM To: lefkowitz@kirkland.com; Jay Letkowitz Cc: Atkinson, Karen (USAFLS) 89 EFTA00190338 Subject: Jeffrey Epstein Dear Mr. Le&owitz: I understand that the Deputy Attorney General has completed his review of the Epstein matter and has determined that federal prosecution of Mr. Epstein's case is appropriate. Accordingly, Mr. Epstein has until the close of business on Monday, June 30, 2008, to comply with the terms and conditions of the agreement between the United States and Mr. Epstein (as modified by the U.S. Attorney's December 19th letter to Ms. Sanchez), including entry of a guilty plea, sentencing, and surrendering to begin his sentence of imprisonment. If you have any questions, please feel free to contact me at the number shown below. A. Marie Villafalla Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820.8777 90 EFTA00190339 Villafana, Ann Marie C. (USAFLS) From: Jack Goldberger cjgoldberger@agwpa.com> Sent: Saturday, June 28, 2008 3:38 PM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Notice of Non-Compliance Marie not a problem. From: Villafana, Ann Marie C. (USAFLS) [mailto:Ann.Marie.C.Villafana@usdoj.gov] Sent: Sat 6/28/2008 11:31 AM To: Jack Goldberger Cc: Atkinson, Karen (USAFLS); RBlack@RoyBladccom Subject: Re: Notice of Non-Compliance Dear Jack: I have conferred with a state court practitioner who stated that there is nothing that prohibits you front agreeing to a consecutive six- month sentence of incarceration followed by one year of community control as specified in the non-prosecution agreement. If you elect to proceed with the plea agreement as currently drafted, we ask that you insert the word "imprisoned" following the words "six months" in the second sentencing paragraph. Please confirm that this change is acceptable. Thank you. Marie Original Message From: Jack Goldberger <jgoldberger@agwpa.com> To: Villafana, Ann Marie C. (USAFLS) Cc: Jack Goldberger lgoldberger®agwpa.com> Sent: Sat Jun 28 08:49:55 2008 Subject: RE: Notice of Non-Compliance Dear Ms Villafana, please allow this e-mail to confirm our telephone conference of 6:30 pm on June 27 wherein we discussed the Epstein plea agreement and we agreed that the Epstein state plea agreement was in compliance with the September 2007 non-prosecution agreement entered into between Mr. Epstein and the USAO for the Souhem District of Florida. Jack Goldberger From: Villafana, Ann Marie C. (USAFLS) [mailto:Ann.Marie.C.Villafana@usdoj.gov] Sent: Fri 6/27/2008 5:45 PM To: Jack Goldberger, Roy BLACK Cc: Atkinson, Karen (USAFLS) Subject: Notice of Non-Compliance Dear Messrs. Goldberger and Black: Please see the attached Notification Letter. 120 EFTA00190340 <O80627 Goldberger Black notification Itr.pdf>> 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 121 EFTA00190341 U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beach, FL 33401 (561)820-8711 Facsimile: (560 820-8777 June 27, 2008 VIA FACSIMILE AND ELECTRONIC MAIL Jack A. Goldberger, Esq. Atterbury, Goldberger & Weiss, P.A. One Clearlake Centre, Suite 1400 250 Australian Ave S. West Palm Beach, FL 33401-5015 Roy Black, Esq. Black Srebnick Komspan & Stumpf P.A. 201 S. Biscayne Blvd, Suite 1300 Miami, FL 33131 Re: Jeffrey Epstein Dear Messrs. Goldberger and Black: Thank you for providing me with the proposed plea agreement between Mr. Epstein and the State Attorney's Office. The U.S. Attorney's Office hereby provides Notice that the proposed sentencing provision does not comply with the terms of the Non-Prosecution Agreement. The second sentencing paragraph of the proposed plea agreement reads: On 08CF00938I AM B, the Defendant is sentenced to 18 months Community Control I (one). As a special condition of this Community Control the Defendant must serve the first 6 months in the Palm Beach County Detention Facility . . . The Non-Prosecution Agreement specifically provides: Epstein shall be sentenced to consecutive terms of twelve (12) months and six (6) months in county jail for all charges, ... without probation or community control in lieu of imprisonment. Thus, the proposed plea agreement with the State Attorney's Office does not comply with the terms of the Non-Prosecution Agreement. To comply with the Agreement, Mr. Epstein must make a binding recommendation of eighteen months imprisonment, which means confinement twenty-four EFTA00190342 JACK GOLDBERGER, ESQ. ROY BLACK, ESQ. JUNE 27, 2008 PAGE 2 OF 2 hours a day at the County Jail, and the judge must accept that recommendation. Community control must follow that term of incarceration. Secondly, we have not been provided with a copy of the Information filed in case number 08CF00938 I AMB. I want to confirm that Mr. Epstein is being charged with the substantive offense of procuring minors to engage in prostitution, not attempted procurement. Accordingly, please provide me with a copy of the Information at your earliest opportunity. I will be available via e-mail throughout the weekend or you may reach me on my cell phone at 561 601-2301. Thank you. Sincerely, R. Alexander Acosta United States Attorney By: cc: Karen Atkinson, AUSA akt-st4E4,-.- A. Marie lillafafta Assistant United States Attorney EFTA00190343 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) <AVillafana@usa.doj.gov> Sent: Monday, June 30, 2008 5:13 PM To: Ted Leopold Subject: RE: Epstein Investigation I will do so. Look forward to hearing from you. A. Marie Villciaila Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Ted Leopold [mallto:TLeopold@riccilaw.corn] Sent: Monday, June 30, 2008 5:13 PM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Epstein Investigation Thanks Ann Marie. I will get back to you. p.s., Tell Janice LeClainche and Jeff Sloman hello for me. Both are good friends for mine. Original Message From: Villafana, Ann Marie C. (USAFLS) [mailto:Ann.Marie.C.Villafana@usdoj.gov] Sent: Monday, June 30, 2008 5:00 PM To: Ted Leopold Subject: Epstein Investigation Dear Ted: Here is my e-mail address and contact information. Thank you for your assistance. A. Marie Villain& Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 139 EFTA00190344 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) <AVillafana@usa.doj.gov> Sent: Monday, June 30, 2008 5:19 PM To: Ted Leopold Subject: RE: Epstein Investigation I wish it had been more time, but this way the girls get some compensation without the horrors of a trial. A. Marie Villajaiia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Reach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Ted Leopold [mailto:TLeopold@riccilaw.com] Sent: Monday, June 30, 2008 5:23 PM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Epstein Investigation ps, great job of not letting this guy off. Original Message From: Villafana, Ann Marie C. (USAFLS) [mailto:Ann.Marie.C.Villafana@usdoj.gov] Sent: Monday, June 30, 2008 5:13 PM To: Ted Leopold Subject: RE: Epstein Investigation I will do so. Look forward to hearing from you. A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Reach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Ted Leopold [mailto:TLeopold@riccilaw.com] Sent: Monday, June 30, 2008 5:13 PM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Epstein Investigation Thanks Ann Marie. I will get back to you. p.s., Tell Janice LeClainche and Jeff Sloman hello for me. Both are good friends for mine. Original Message----- From: Villafana, Ann Marie C. (USAFLS) [mailto:Ann.Marie.C.Villafana@usdoj.gov] Sent: Monday, June 30, 2008 5:00 PM To: Ted Leopold Subject: Epstein Investigation 143 EFTA00190345 Dear Ted: Here is my e-mail address and contact information. Thank you for your assistance. A. Marie Villafaila Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 144 EFTA00190346 Villafana, Ann Marie C. (USAFLS) From: Ted Leopold <TLeopold@riccilaw.com> Sent: Monday—lune 30, 2008 5:43 PM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Epstein Investigation correct. Quite a story however. Makes you wonder what a guy like this is thinking. Original Message From: Villafana, Ann Marie C. (USAFLS) (mailto:Ann.Marie.C.Villafana@usdoj.gov] Sent: Monday, June 30, 2008 5:19 PM To: Ted Leopold Subject: RE: Epstein Investigation I wish it had been more time, but this way the girls get some compensation without the horrors of a trial. 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 From: Ted Leopold [mailto:TLeopold@riccilaw.com) Sent: Monday, June 30, 2008 5:23 PM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Epstein Investigation ps, great job of not letting this guy off. Original Message From: Villafana, Ann Marie C. (USAFLS) [mallto:Ann.Marle.C.Villafana@usdoj.gov] Sent: Monday, June 30, 2008 5:13 PM To: Ted Leopold Subject: RE: Epstein Investigation I will do so. Look forward to hearing from you. A. Marie Villafaiia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Ted Leopold [mailto:TLeopold@riccilaw.com] Sent: Monday, June 30, 2008 5:13 PM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Epstein Investigation Thanks Ann Marie. I will get back to you. 155 EFTA00190347 p.s., Tell Janice LeClainche and Jeff Sloman hello for me. Both are good friends for mine. Original Message From: Villafana, Ann Marie C. (USAFLS) [mallto:Ann.Marie.C.Villafana@usdoj.gov] Sent: Monday, June 30, 2008 5:00 PM To: Ted Leopold Subject: Epstein Investigation Dear Ted: Here is my e-mail address and contact information. Thank you for your assistance. A. Marie lafa& Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 156 EFTA00190348 Villafana, Ann Marie C. (USAFLS) From: Ted Leopold <TLeopold@riccilaw.com> Sent: Wednesday, July 02, 2008 5:21 PM To: Villafana, Ann Marie C. (USAFLS) Cc: Spencer Kuvin Subject: RE: Epstein Investigation I will get you the names tomorrow. Thanks Spencer, please see me. Original Message From: Villafana, Ann Marie C. (USAFLS) imailto:Ann.Marie.C.Villafana@usdoj.gov) Sent: Monday, June 30, 2008 5:00 PM To: Ted Leopold Subject: Epstein Investigation Dear Ted: Here is my e-mail address and contact information. Thank you for your assistance. A. Marie Villain& Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 166 EFTA00190349 Villafana, Ann Marie C. (USAFLS) From: Jack Goldberger <jgoldberger@agwpa.com> Sent: Wednesday, July 09, 2008 3:56 PM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Epstein contact Dear Marie, I am the contact person . My office address is sufficient for contact jack From: Villafana, Ann Marie C. (USAFLS) [mailto:Ann.Marie.C.Villafana@usdoj.gov] Sent: Wednesday, July 09, 2008 1:16 PM To: Jack Goldberger Cc: Atkinson, Karen (USAFLS) Subject: Epstein contact Dear Jack: I have received your letter and am considering it now. One of the questions I had asked you last week was whether you are the person whom attorneys for the victims should contact if they decide to file any claim. Are you the person? And, if so, what, if any, contact information would you like me to provide? Thank you. A. Marie Villafaiia Assistant U.S. Attorney 561 209-1047 220 EFTA00190350 From. FAXmaker To. 15818298777 Page: 2/2 Date. 7/21/2008 6:38:17 PM LEW Armen, I SJAIL PL July 21, 2008 Copy via facsimile (561) 820-8777 Ann Marie C. Villafana, Esq. Office of the United States Attorney 500 S. Australian Avenue West Palm Beach, Florida 33401 RE: Jeffrey Epstein Dear Ms. Villafana: Thank you for your letter of July 17, 2008. In it, you ask whether Mr. Epstein "intends to fully abide by the Non-Prosecution Agreement." The answer is yes. We confirm as you state in your letter that the Agreement requires that "the federal Grand Jury investigation will remain suspended, and all pending federal Grand Jury subpoenas will be held in abeyance unless and until [Mr.' Epstein] violates any term of [the Non-Prosecution Agreement]." We also confirm that under the Agreement, "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 . conditions and the requirements of tit) Agreement" As you know, there is no provision in the Agreement referring in any way to Section 3509(k). By that statute, Congress imposed a mandatory obligation on federal district courts to stay certain civil cases. Its operation is not subject to the control or discretion of any party. Whether Title 18, United States Code, Section 3509(k) applies to this civil litigation is a question of law for resolution by Judge Main. Accordingly, we are abiding by our ethical obligation to advise the Court of its statutory mandate under Section 3509(k). Finally, thank you for notifying me that our motion to quash technically remains outstanding. Wo had previously notified the Court that the parties did not wish to argue the issue. I agree that the Agreement requires its withdrawal and we will file a formal notice withdrawing it this week. Please do not hesitate to call me if you wish ftirther clarification of our position or to discuss this matter in any way. Until then, I remain, Very truly yours, • Michael R. Tein cc: Jack Goldberger, Esq. Roy Black, Esq. Alex Acosta, Esq. 31001) DRANO AVENUE • SUITE 3AO • COCONUT GROVE, FLORIDA 33133 TELEPHONE (3015) 442.1101 • FACSIMILE (303) 442.1744 • WY(W.LEWISTEIN.CO14 This tax was sent with OFI FAXmaker tax solver. For more information, visit htte/NAwvilfroom EFTA00190351 From. FAXmaKer I0'. 1501 WM/ / rage. 114 uate: /1[114W0 0: .10:11 rM Lewis Tein PL ATTORNEYS AT LAW FACSIMILE TRANSMISSION RECIPIENT: Ann Marie C. Villafana, Esq. RECIPIENT'S FAX NUMBER: (561) 820-8777 SENDER: Michael R. -rein, Esq. DATE: July 21, 2008 PAGES (Including cover sheet): 2 COMMENTS: IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING Of THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS FACSIMILE IN ERROR, PLEASE NOTIFY US BY TELEPHONE AND RETURN THE ORIGINAL BY MAIL AT THE BELOW ADDRESS. THANK YOU, LEWIS TEN& P.L. • 3059 GRAND AVENUE • EWE MO. COCONUT GROVE, FLORIDA 33133 66666 NONE 13051 442.1101 • fACSISPLE (MI 1424744 • WWW.LIIIWISTIIN.COM This fax was sent with CFI FAXmakar fax server. For more information, visit: http://yommgri.com EFTA00190352 Villafana, Ann Marie C. (USAFLS) From: Kuyrkendall, E N. (FBI) <E.Kuyrkendall@ic.fbi.gov> Sent: Thursday, July 03, 2008 12:49 PM To: Villafana, Ann Marie C. (USAFIS) Subject: Re: Epstein Agreement As usual u r the best. Lots going on but have a great 4th and I'll reach out to u next week. I hope the Col does the right thing! — Original Message From: Villafana, Ann Marie C. (USAFLS) <Ann.Marie.C.Villafana@usdoj.gov> To: gaugerm®pbso.org gaugenn®pbso.org> Cc: Atkinson, Karen (USAFLS); Kuyrkendall, E N.; Richards, Jason R. Sent: Thu Jul 03 11:58:51 2008 Subject: Epstein Agreement Dear Colonel Gauger: Thank you for taking the time to meet with us on Tuesday. As we discussed, I have attached the pertinent portion of Mr. Epstein's agreement with the U.S. Attorney's Office. «Epstein Agnnt Portion.pdf>> I also wanted to call to your attention a couple of items regarding the issue of Work Release. During the change of plea, Mr. Epstein stated that he would be working at the Florida Science Foundation, located at 250 Australian Avenue, Suite 1400, that the Foundation had been in existence for a "couple of years," and that he had been working there "every day" prior to the plea. The Division of Corporations' documents show that the Florida Science Foundation was incorporated in November 2007, not a "couple of years ago." The address provided for the "office" of the Florida Science Foundation is Jack Goldberger's office suite, and neither the office building directory nor the office suite door reflects that such a business is located there, and neither the security guard nor any building tenant that FBI questioned knows of the existence of such a business. Mr. Epstein also could not have been working there "every day" when he hadn't been in Palm Beach County in the past six months. I would appreciate the opportunity to review the work release regulations. If Mr. Epstein truly is eligible for the program, we have no objection to him being treated like any other similarly situated prisoner, but sitting in his attorney's office suite making telephone calls, web-surfing, and having food delivered to him is probably not in accordance with the objectives of imprisonment. Obviously, the decision is left entirely within your discretion, but I wanted to make sure that you had a complete picture before you made that decision. Thank you again, and have a wonderful 4th of July. Marie A. Marie Villafafla Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 167 EFTA00190353 Villafana, Ann Marie C. (USAFLS) From: Roy BLACK <RBLACK@royblack.com> Sent: Wednesday, July 30, 2008 2:38 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Re: Jeffrey Epstein Ok. I am on the road in califomia and can call in about an hour or so. Original Message From: "Villafana, Ann Marie C. (USAFLS)' <Ann.Marie.C.Villafana@usdoj.gov> To: Roy BLACK <RBLACK@royblack.com> Sent: 7/30/2008 2:31:56 PM Subject: RE: Jeffrey Epstein Hi Roy -- It relates to the performance of the criminal Non-Prosecution Agreement. 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: Roy BLACK [mailto:RBLACK(arovblack.com] Sent: Wednesday, July 30, 2008 1:18 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Re: Jeffrey Epstein I am out of town. What is it about? >>> "Villafana, Ann Marie C. (USAFLS)" <Ann.Marie.C.Villafana@usdoj.gov> 07/30/08 11:44 AM >» Dear Roy: Arc you available this afternoon to discuss the Epstein matter? Please let me know what time works best for you. Thank you. A. Marie Villafa0a Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209.1047 Fax 561 820-8777 279 EFTA00190354 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) <AVillafana@usa.doj.gov> Sent: Wednesday, July 30, 2008 2:43 PM To: Roy BLACK Cc: Atkinson, Karen (USAFLS) Subject: RE: Jeffrey Epstein Can Karen and I call you on your cell at 4:00 Florida time? I just need your number. Or you can call us at Karen's desk -- 561 209- 1014. 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 Original Message From: Roy BLACK [mailto:RBLACK(arovblack.comj Sent: Wednesday, July 30, 2008 2:38 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Re: Jeffrey Epstein Ok. I am on the road in califomia and can call in about an hour or so. Original Message From: "Villafana, Ann Marie C. (USAFLS)" <Ann.Marie.C.Villafana®usdoj.gov> To: Roy BLACK <RBLACK®royblack.com> Sent: 7/30/2008 2:31:56 PM Subject: RE: Jeffrey Epstein Hi Roy -- It relates to the performance of the criminal Non-Prosecution Agreement. A. Marie Villafaila Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 \Vest Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820.8777 Original Message From: Roy BLACK [mailto:RBLACK®rovblack.coml Sent: Wednesday, July 30, 2008 1:18 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Re: Jeffrey Epstein I am out of town. What is it about? >> "Villafana, Ann Marie C. (USAFLS)" <Ann.Maric.C.Villafanesdoj.gov> 07/30/08 11:44 AM >>> 280 EFTA00190355 Dear Roy: Are you available this afternoon to discuss the Epstein matter? Please let me know what lime works best for you. 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 281 EFTA00190356 Villafana, Ann Marie C. (USAFLS) From: Roy BLACK <RBtACK@royblack.com> Sent: Wednesday, July 30, 2008 2:45 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Re: Jeffrey Epstein I am in the mountains and the cell doesn't work well. I will get to a landline at 4 and call you. Original Message From: "Villafana, Ann Marie C. (USAFLS)" <Ann.Marie.C.Villafana@usdoj.gov> To: Roy BLACK <RBLACK@royblack.com> Cc: Karen (USAFLS) Atkinson <Karen.Atkinson®usdoj.gov> Sent: 7/30/2008 2:43:11 PM Subject: RE: Jeffrey Epstein Can Karen and I call you on your cell at 4:00 Florida time? 1 just need your number. Or you can call us at Karen's desk -- 561 209- 1014. Thank you. A. Marie Villafa0a 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: Roy BLACK [mailto:RBLACKriProyblack.com] Sent: Wednesday, July 30, 2008 2:38 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Re: Jeffrey Epstein Ok. I am on the road in california and can call in about an hour or so. Original Message From: "Villafana, Ann Marie C. (USAFLS)" <Ann.Marie.C.Villafana®usdoj.gov> To: Roy BLACK <RBLACK@royblack.com> Sent: 7/30/2008 2:31:56 PM Subject: RE: Jeffrey Epstein Hi Roy -- It relates to the performance of the criminal Non-Prosecution Agreement. A. Marie Villafafla Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 \Vest Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Original Message From: Roy BLACK [maillo:RI3LACKarovblack.comi Sent: Wednesday, July 30, 2008 1:18 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Re: Jeffrey Epstein 282 EFTA00190357 I am out of town. What is it about? >>> "Villafana, Ann Marie C. (USAFLS)'<Ann.Marie.C.Villafana©usdoj.gov> 07/30/08 11:44 AM >» Dear Roy: Arc you available this afternoon to discuss the Epstein matter? Please let me know what time works best for you. Thank you. A. Marie Villafalia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 283 EFTA00190358 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) <AVillafana@usa.doj.gov> Sent: Wednesday, July 30, 2008 2:32 PM To: Roy BLACK Subject: RE: Jeffrey Epstein Iii Roy -- It relates to the performance of the criminal Non-Prosecution Agreement. 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: Roy BLACK [mailto:RBLACKaroblack.coml Sent: Wednesday, July 30, 2008 1:18 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Re: Jeffrey Epstein lain out of town. What is it about? >>> "Villafana, Ann Marie C. (USAFLS)" <Ann.Marie.C.Villafana@usdoj.gov> 07/30/08 11:44 AM >>> Dear Roy: Are you available this afternoon to discuss the Epstein matter? Please let me know what time works best for you. Thank you. A. Marie Villafaila Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Pahn Beach, FL 33401 Phone 561 209.1047 Fax 561 820.8777 278 EFTA00190359 Villafana, Ann Marie C. (USAFLS) From: Roy BLACK <RBLACK@royblack.com> Sent: Wednesday, July 30, 20081:18 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Re: Jeffrey Epstein I am out of town. What is it about? >>> "Villafana, Ann Marie C. (USAFLS)" <Ann.Marie.C.Villafana@usdoj.gov> 07/30/08 11:44 AM >>> Dear Roy: Are you available this afternoon to discuss the Epstein matter? Please let me know what time works best for you. 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 275 EFTA00190360 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) <AVillafana@usa.doj.gov> Sent: Wednesday, July 09, 2008 3:59 PM To: Jack Goldberger Subject: RE: Epstein contact Great. Thanks. Just faxed a letter to you. I have to rim to an appointment but will be in tomorrow morning. A. Marie Villa Assistant U.S. Attorney 561 209-1047 From: Jack Goldberger [mailto:jgoldberger@agwpa.corn] Sent: Wednesday, July 09, 2008 3:56 PM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Epstein contact Dear Marie, I am the contact person . My office address is sufficient for contact jack From: Villafana, Ann Marie C. (USAFLS) [mailto:Ann.Marie.C.Villafana@usdoj.gov] Sent: Wednesday, July 09, 2008 1:16 PM To: Jack Goldberger Cc: Atkinson, Karen (USAFLS) Subject: Epstein contact Dear Jack: I have received your letter and am considering it now. One of the questions I had asked you last week was whether you are the person whom attorneys for the victims should contact if they decide to file any claim. Are you the person? And, if so, what, if any, contact information would you like me to provide? Thank you. A. Marie Villafaiia Assistant U.S. Attorney 561 209-1047 221 EFTA00190361 Villafana, Ann Marie C. (USAFLS) From: Roy BLACK <RBLACK@royblack.com> Sent: Thursday, August 07, 2008 4:34 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Re: Notification of Possible Compelled Disclosure of theNon-Prosecution Agreement Marie I am working on this and will get back to you. Original Message From: "Villafana, Ann Marie C. (USAFLS)" <Ann.Maric.C.Villafana@usdoj.gov> To: Roy BLACK <RBLACK©royblack.com> Cc: Dexter (USAFLS) Lee <Dextertec@usdoj.gov> Cc: Karen (USAFLS) Atkinson <Karcn.Atkinson@usdoj.gov> Sent: 8/7/2008 3:57:52 PM Subject: Notification of Possible Compelled Disclosure of the Non-Prosecution Agreement Dear Roy: In accordance with paragraph 13 of the Non-Prosecution Agreement, I ant providing notice of possible compulsory process commanding the disclosure of the Agreement. As I'm sure you know, two of Mr. Epstein's victims have filed suit against the United States alleging that the government violated their rights as victims by not consulting them prior to entering into the Non-Prosecution Agreement. As part of their response to one of the government's filings, the victims asked the Court to order the production of the Non-Prosecution Agreement. The deadline for the government to respond is August 15th and we intend to oppose the motion based upon the confidentiality provision. I have attached a copy of the victims' pleading for your review. In connection with this, we want to make certain that we arc making consistent representations to the judiciary regarding the contents of the Agreement. I know that Jack Goldberger filed the Agreement under seal in the state court in accordance with the state judge's order. Can you provide us with a copy of what Jack filed, so that, if we are ordered by the federal court to disclose the agreement, it is exactly the same as what has been filed in the state court? Thank you again for your assistance. Regards, Marie <<DE19_08080I_Victime Rcsp to Notice.pdf>> A. Marie Villafa0a Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209.1047 Fax 561 820-8777 306 EFTA00190362 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) <AVillafana@usa.doj.goy> Sent: Thursday, August 07, 2008 4:36 PM To: Roy BLACK Subject: RE: Notification of Possible Compelled Disclosure of theNon-Prosecution Agreement Thank you, Roy. Your help is greatly appreciated. A. Marie Villafaila 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: Roy BLACK linailto:RB1,ACKerovblack.contl Sent: Thursday, August 07, 2008 4:34 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Re: Notification of Possible Compelled Disclosure of theNon-Prosecution Agreement Marie I am working on this and will get back to you. Original Message From: "Villafana, Ann Marie C. (USAFLS)" <Ann.Marie.C.Villafana®usdoj.gov> To: Roy BLACK <RBLACK®royblack.com> Cc: Dexter (USAFLS) Lee <Dexter.Lec@usdoj.gov> Cc: Karen (USAFLS) Atkinson <Karen.Alkinson®usdoj.gov> Sent: 8f7/2008 3:57:52 PM Subject: Notification of Possible Compelled Disclosure of the Non-Prosecution Agreement Dear Roy: In accordance with paragraph 13 of the Non-Prosecution Agreement, I am providing notice of possible compulsory process commanding the disclosure of the Agreement. As I'm sure you know, two of Mr. Epstein's victims have filed suit against the United States alleging that the government violated their rights as victims by not consulting them prior to entering into the Non-Prosecution Agreement. As part of their response to one of the government's filings, the victims asked the Court to order the production of the Non-Prosecution Agreement. The deadline for the government to respond is August 15th and we intend to oppose the motion based upon the confidentiality provision. I have attached a copy of the victims' pleading for your review. In connection with this, we want to make certain that we are making consistent representations to the judiciary regarding the contents of the Agreement. I know that Jack Goldberger filed the Agreement under seal in the state court in accordance with the state judge's order. Can you provide us with a copy of what Jack filed, so that, if we arc ordered by the federal court to disclose the agreement, it is exactly the same as what has been filed in the state court? Thank you again for your assistance. Regards, Marie 307 EFTA00190363 <<DE19_08080I_Vicrims' Resp to Notice.pdt>> A. Marie Villafafia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 308 EFTA00190364 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) <AVillafana@usa.doj.gov> Sent: Tuesday, August 12, 2008 9:08 AM To: Roy BLACK Subject: RE: Jeffrey Epstein Roy, thank you for your response and your assistance. I will forward your request to Dexter Lee, who is representing the United States in the civil suit. Can you please ask Jack Goldberger to send me an exact copy of what was filed under seal in the state court? I want to insure that all of us are presenting the same packet of documents as the final agreement. Regards, Marie A. Marie Villafafla 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: Roy BLACK knathoiliBLACK@rovblack.coml Sent: Monday, August 11, 2008 11:40 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Jeffrey Epstein Marie: I have conferred with the lawyers on the team. They all thank you for agreeing to oppose any disclosure of the 9/24/07 agreement. We firmly believe this document is not discoverable in the civil cases. However if the court rules against you on this we request that you further ask that any disclosure be subject to a strong protective order prohibiting dissemination to anyone except counsel to the petitioners. We are particularly concerned because civil lawyers are more apt to publicize something like this than those of us who litigate on the criminal side of the docket. You may recall one lawyer standing on the bridge to palm beach railing over his misconceptions of the case. This is the typical vehicle they use to get more plaintiffs. You had also asked what documents were disclosed in the state court. As part of counsels obligation to fully disclose any promises or inducements which led to the plea agreement, the 9/24/07 agreement was filed with the court. It was filed under seal. Once again I want to re-assure you that Mr. Epstein and his counsel intend to stand by their agreements. If you or anyone in the USAO have any concern about a possible breach please call or email me again so we can discuss any dispute or misunderstanding and allay any concerns. Thanks again. Roy 313 EFTA00190365 Villafana, Ann Marie C. (USAFLS) From: Lanna Belohlavek <Lbelohla@sa15.state.fl.us> Sent: Tuesday, August 12, 2008 11:35 AM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Non-Prosecution Agreement in Epstein Case Marie The 7 page agreement was filed under seal with the attached signature pages. As to a transcript, you would have to contact court administration and arrange for that together with payment. Good luck. From: Villafana, Ann Marie C. (USAFLS) [mailto:Ann.Marie.C.Villafana@usdoJ.gov] Sent: Tuesday, July 01, 2008 11:51 AM To: Lanna Belohlavek Cc: Atkinson, Karen (USAFLS) Subject: Non-Prosecution Agreement in Epstein Case Hi Lanna — I am attaching the agreement, with addenda, for filing with the Court under seal. We also noticed a couple of "misstatements" during the change of plea and wanted to call them to your attention. First, the Division of Corporations' documents show that the Florida Science Foundation was incorporated in November 2007, not a "couple of years ago" as reported by Mr. Epstein. The address provided for the "office" of the Florida Science Foundation is Jack Goldberger's office suite, and neither the office building directory nor the office suite door reflects that such a business is located there, and neither the security guard nor any building tenant that FBI questioned knows of the existence of such a business. And, of course, Mr. Epstein could not have been working there "every day" when he hasn't been in Palm Beach County in the past six months. We will leave it to your discretion as to whether this should be brought to the Court's attention. <<Epstein Agrmt001.pdf» A. Marie Villafafia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 314 EFTA00190366 U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Bairn Beach, FL 33401 (561)820-8711 Facsimile: (561) 820-8777 July 22, 2008 VIA FACSIMILE Michael R. Tein, Esq. Lewis Tein, P.L. 3059 Grand Avenue, Suite 340 Coconut Grove, FL 33133 Re: Jeffrey Epstein Dear Mr. Tein: In response to your letter of July 21, 2008, the United States hereby provides notice that the United States Attorney has determined, based upon reliable evidence, that, during the period of the Non-Prosecution Agreement, Jeffrey Epstein has willfully violated the conditions of the Agreement. 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." The Non-Prosecution Agreement called for Mr. Epstein to plead guilty to a child sex offense; to serve eighteen months imprisoned at the Palm Beach County Jail, followed by twelve months of home confinement; and to accept a list of victims who could file suit against Mr. Epstein for damages. Recently, several of the designated victims sought relief. In response, Mr. Epstein sought a stay of those proceedings based on the fact that an ongoing federal investigation exists. This argument was forwarded despite the aforementioned agreement wherein the United States Attorney's Office agreed not to prosecute Mr. Epstein if he complies with the terms of the Agreement. The portion of the agreement concerning compensation to victims is extremely material to the Agreement and is not being honored by Mr. Epstein. To complete the performance of his contractual obligations, Mr. Epstein must submit to suit under 18 U.S.C. § 2255 and admit that the Identified Victims are victims of an offense enumerated in that section. By seeking to stay all civil litigation, during what you assert is the term of the Non-Prosecution Agreement, Mr. Epstein is avoiding performance of that essential contractual term. EFTA00190367 M !AEI. R. TEIN, ESQ. JULY 22, 2008 PAGE 2 Accordingly, the United States Attorney's Office hereby provides timely notice of Mr. Epstein's breach of the Non-Prosecution Agreement. Pursuant to the Agreement, the United States Attorney's Office may initiate its prosecution within sixty (60) days of giving notice of the violation. Sincerely, R. Alexander Acosta United States Attorney By: A Marie Villafana Assistant United States Attorney cc: Karen Atkinson, Esq. EFTA00190368 Villafana, Ann Marie C. (USAFLS) From: Jay Lefkowitz OLefkowitz@kirkland.com> Sent: Thursday, August 14, 2008 2:39 PM To: Villafana, Ann Marie C. (USAFLS) Cc: Atkinson, Karen (USAFLS); lefkowitz@kirkland.com Subject: Re: Follow-up point Marie - In reviewing your December proposal, there are a couple of things I don't understand. What limits are placed upon individuals who proceed under 2255 as if "Mr. Epstein had been tried federally and convicted of an enumerated offense." In other words, what individuals would have this right? And would these individual only have this right if they proceeded exclusively under 2255? Also, to what enumerated offenses do you think would Mr. Epstein have to make constructive admissions of conviction? and how many such offenses? And against whom? Remember that while you may have investigated various offenses, he only plead guilty to certain state crimes. Finally, would paragraphs 8-10 of the September Agreement still be operative? I am trying hard to understand what you have intended by the December letter. Alex has says he thinks it benefits Jeffrey, and I am open to understanding it that way. But I would like some clarity on these issues. Thanks -- Jay - Villafana, Ann Marie C. (USAFLS)" <Ann.Marie.C.Villafana@uscloj.gov> 08/14/2008 12:44 PM To <lotkowitz@kirkland.com> cc 'Atkinson, Karen (USAFLS)" <KarenAtkinson©uadoj.gov> Subject Follow-up point Eli Jay — I forgot to mention that I can no longer argue that the Court shouldn't force us to produce the agreement because we have already provided the victims with the relevant portion when I now understand from you that I have NOT provided them with the relevant portion. A. Marie Villafalia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 **0*******************•**********************•****** ankle*** 323 EFTA00190369 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 postmaster8kirkland.com, and destroy this communication and all copies thereof, including all attachments. 324 EFTA00190370 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) <AVillafana@usa.doj.gov> Sent: Thursday, August 14, 2008 3:27 PM To: Jay Lefkowitz Cc: Atkinson, Karen (USAFLS); Roy BLACK Subject: RE: Follow-up point Dear Jay: The modification contained in the December letter is clear and simple, that is why we were not surprised by Mr. Epstein's and his attorneys' actions affirming acceptance of the modification. Mr. Epstein's acceptance of the modification by pleading guilty was equally clear and simple -- it followed written communications from Mr. Sloman and myself that read: "Mr. Epstein has until the close of business on Monday, June 30, 2008, to comply with the terms and conditions of the agreement between the United States and Mr. Epstein (as modified by the U.S. Attorney's December 19th letter to Ms. Sanchez), including entry of a guilty plea, sentencing, and surrendering to begin his sentence of imprisonment." As clearly stated in the December letter, only those "individuals whom [the United States] was prepared to name in an Indictment as victims of an enumerated offense" are the beneficiaries of the agreement. That is the list of names that I provided to Messrs. Goldberger and Tein following the change of plea. Under the September/October agreement, all "individuals whom [the United States] has identified as victims" are the beneficiaries, so I would prepare a supplement to the earlier list to include identified victims whom we were not yet prepared to name in an indictment. Again, as stated in the letter, the modification replaces paragraphs 7 and 8 of the Agreement, including paragraphs 7A through 7C that are included in the October Addendum. This means that Mr. Epstein's waiver of "his right to contest damages up to an amount as agreed to between the identified individual and Epstein" will no longer exist, nor will Mr. Epstein's obligation to pay for the victims' counsel. Paragraphs 9 and 10 are still in effect. This includes the statement that there is no admission of civil or criminal liability, and that, "[e]xcept as to those individuals who elect to proceed EXCLUSIVELY under 18 USC § 2255, ... Epstein's signature [cannot] be construed as admissions or evidence of civil or criminal liability." This addresses your question regarding exclusivity. I don't think that Mr. Epstein has to make any constructive admissions of conviction. He only needs to admit that the 32 girls whose names I have provided to Mr. Goldberger are "victims" of an offense listed in 18 U.S.C. 2255. Please let me know if you have any additional questions. 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 From: Jay lefkowItz [mallto:JlefkowItz@klrldand.com] Sent: Thursday, August 14, 2008 2:39 PM 329 EFTA00190371 To: Villafana, Ann Marie C. (USAFLS) Cc: Atkinson, Karen (USAFLS); lefkowitz@kirkland.com Subject: Re: Follow-up point Marie - In reviewing your December proposal, there are a couple of things I don't understand. What limits are placed upon individuals who proceed under 2255 as if "Mr. Epstein had been tried federally and convicted of an enumerated offense." In other words, what individuals would have this right? And would these individual only have this right if they proceeded exclusively under 2255? Also, to what enumerated offenses do you think would Mr. Epstein have to make constructive admissions of conviction? and how many such offenses? And against whom? Remember that while you may have investigated various offenses, he only plead guilty to certain state crimes. Finally, would paragraphs 8-10 of the September Agreement still be operative? I am trying hard to understand what you have intended by the December letter. Alex has says he thinks it benefits Jeffrey, and I am open to understanding it that way. But I would like some clarity on these issues. Thanks -- Jay "Villatana, Ann Marie C. (USAFLS)- <Ann.Marie.C.VIllefanaeusdoi.gov> 08/14/2008 12:44 PM To <letkowazakakland corn> cc "Allunson. Karen (USAF1S)" <Karen Atkinson@usdoj.gova Subject Follow-up point Hi Jay — I forgot to mention that I can no longer argue that the Court shouldn't force us to produce the agreement because we have already provided the victims with the relevant portion when I now understand from you that I have NOT provided them with the relevant portion. A. Marie VillafaPia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 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 330 EFTA00190372 return e-mail or by e-mail to postmasterekirkland.com, and destroy this communication and all copies thereof, including all attachments. 331 EFTA00190373 Villafana, Ann Marie C. (USAFLS) From: Jay Lefkowitz <ilefkowitz@kirkland.com> Sent: Friday, August 15, 200810:53 AM To: Villafana, Ann Marie C (USAFLS) Cc: Atkinson, Karen (USAFLS); Roy BLACK Martin Weinberg Subject: Re: Follow-up point Marie - thanks for responding to my email. You have narrowed down some of the implementation issues. As I told you this morning, we cannot accept your contention that Mr. Epstein is bound by an agreement he didn't sign as opposed to one he did sign, particularly in light of my written communications to your office dated December 21, 2007 and December 26, 2007. However, before we can make a determination whether to adopt the December language as you have now explained it, we need to confer with our client, which we will be able to do within the next two weeks. I look forward to speaking with you soon to resolve these issues. Jay From: "Villafana, Ann Marie C. (USAFLS)" [Ann.Marie.C.Villafana®usdoj.gov] Sent: 08/14/2008 03:27 PM AST To: Jay Lefkowitz Cc: "Atkinson, Karen (USAFLS)" <Karen.Atkinson®usdoj.gov>; "Roy BLACK" <RBLACK@rnyblack.com> Subject: RE: Follow-up point Dear Jay: The modification contained in the December letter is clear and simple, that is why we were not surprised by Mr. Epstein's and his attorneys' actions affirming acceptance of the modification. Mr. Epstein's acceptance of the modification by pleading guilty was equally clear and simple -- it followed written communications from Mr. Sloman and myself that read: "Mr. Epstein has until the close of business on Monday, June 30, 2008, to comply with the terms and conditions of the agreement between the United States and Mr. Epstein (as modified by the U.S. Attorney's December 19thletter to Ms. Sanchez), including entry of a guilty plea, sentencing, and surrendering to begin his sentence of imprisonment." As clearly stated in the December letter, only those "individuals whom [the United States] was prepared to name in an Indictment as victims of an enumerated offense" are the beneficiaries of the agreement. That is the list of names that I provided to Messrs. Goldberger and Tein following the change of plea. Under the September/October agreement, all "individuals whom [the United States] has identified as victims" are the beneficiaries, so I would prepare a supplement to the earlier list to include identified victims whom we were not yet prepared to name in an indictment. Again, as stated in the letter, the modification replaces paragraphs 7 and 8 of the Agreement, including paragraphs 7A through 7C that are included in the October Addendum. This means that Mr. Epstein's waiver 332 EFTA00190374 of "his right to contest damages up to an amount as agreed to between the identified individual and Epstein" will no longer exist, nor will Mr. Epstein's obligation to pay for the victims' counsel. Paragraphs 9 and 10 are still in effect. This includes the statement that there is no admission of civil or criminal liability, and that, "[e]xcept as to those individuals who elect to proceed EXCLUSIVELY under 18 USC § 2255, . . . Epstein's signature [cannot] be construed as admissions or evidence of civil or criminal liability." This addresses your question regarding exclusivity. I don't think that Mr. Epstein has to make any constructive admissions of conviction. He only needs to admit that the 32 girls whose names I have provided to Mr. Goldberger are "victims" of an offense listed in 18 U.S.C. 2255. Please let me know if you have any additional questions. Thank you. A. Marie Villafafia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Jay Lefkowitz [mailto:JLefkowitz@kirkland.com] Sent: Thursday, August 14, 2008 2:39 PM To: Villafana, Ann Marie C. (USAFLS) Cc: Atkinson, Karen (USAFLS); lefkowitz@kirkland.com Subject: Re: Follow-up point Marie - In reviewing your December proposal, there are a couple of things I don't understand. What limits are placed upon individuals who proceed under 2255 as if "Mr. Epstein had been tried federally and convicted of an enumerated offense." In other words, what individuals would have this right? And would these individual only have this right if they proceeded exclusively under 2255? Also, to what enumerated offenses do you think would Mr. Epstein have to make constructive admissions of conviction? and how many such offenses? And against whom? Remember that while you may have investigated various offenses, he only plead guilty to certain state crimes. Finally, would paragraphs 8-10 of the September Agreement still be operative? I am trying hard to understand what you have intended by the December letter. Alex has says he thinks it benefits Jeffrey, and I am open to understanding it that way. But I would like some clarity on these issues. Thanks — Jay "Villalana, Ann Mario C. (USAFLS)- cAnn.Mario.C.VIllalanaeusdoi.gov> 08/14/2008 12.44 PM To <lelticnvitzigkiatlanclreom, cc `Atkinson, Karen (USAFLS)" <Karen.Atkinson@uscloj.poy> Subject Follow-up point Hi Jay — I forgot to mention that I can no longer argue that the Court shouldn't force us to produce the 333 EFTA00190375 agreement because we have already provided the victims with the relevant portion when 1 now understand from you that I have NOT provided them with the relevant portion. A. Marie VilIola& Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 le* **************************** *Ileft*********fc#4******* ******* 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 postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments. 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 postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments. ***it*** ***** ***************** ****************************** 334 EFTA00190376 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) <AVillafana@usa.doj.gov> Sent: Thursday, August 21, 2008 5:32 PM To: lefkowitz@kirkland.com; Roy BLACK Cc: Atkinson, Karen (USAFLS) Subject: Jeffrey Epstein Attachments: 080821 Villafana ltr to Lefkowitz and Black.pdf; DE26_080821_Protective Order.pdf Dear Jay and Roy — I have attached a letter in response to Jay's letter of August 18, 2008, and an Order we received today in the Jane Doe'. United States litigation. «080821 Villafana IV to Lefkowitz and Black.pdf>> <<DE26_080821_Protective Order.pdf >> A. Marie Villafaila Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 377 EFTA00190377 U.S. Department of Justice United States Attorney Southern District of Florida 500S Australian Ave Ste 400 West Palm Beall, FL 33401 (361)8204711 Facsimile• O6O8204777 August 21, 2008 DELIVERY BY ELECTRONIC MAIL Jay P. Lefkowitz, Esq. Kirkland & Ellis liP Citigroup Center 153 East 53rd Street New York, New York 10022-4675 Roy Black, Esq. Black Srebnick Kornspan & Stumpf P.A. 201 S. Biscayne Blvd, Suite 1300 Miami, FL 33131 Re: Jeffrey Epstein Dear Jay and Roy: Thank you for your response to my earlier letter. The U.S. Attorney's Office shares in your desire to implement all of the terms of the Non-Prosecution Agreement. As you are aware, the jointly-approved Special Master. Judge Mi. has already selected an attorney representative, Robert Josefsberg, who was accepted by both parties. The Office has conferred with Mr. Josefsberg, who has agreed to continue in that role. In October 2007, Mr. Josefsberg expended time, effort, and funds in preparing to serve as the attorney representative, and he will need a written confirmation from you that his future fees and expenses will be paid in accordance with the terms of the Non-Prosecution Agreement. Please provide me with a copy of that correspondence for my file. With that matter settled, I believe that the requirement for a joint written submission to the Special Master has been extinguished. Nonetheless, I have no objection to attempting to create a joint statement to assist Mr. Josefsberg in serving his duties. Regarding your suggestion that we ask Judge to "offer the final word on how certain clauses should be interpreted and satisfied," I believe that the Agreement speaks for itself. EFTA00190378 JAr P. LFIXOWIT7, ESQ. Ror BLACK. ESQ. AUGUST' 21,2008 PAGE 2 op 2 Pursuant to the terms of the Agreement, following Mr. Epstein's sentencing, the U.S. Attorney's Office provided Mr. Epstein's counsel with a list of the individuals whom it was prepared to name in an indictment as victims of an offense enumerated in 18 U.S.C. § 2255. and none of those names will be deleted. By his agreement, Mr. Epstein sought to resolve liability for all criminal activity known to the United States as of the lime of his plea and sentencing, and he is responsible for damages to all victims of that criminal activity. . Copies of the victim notifications will continue to be provided to counsel for Mr. Epstein. Please let me know whether I should continue to list Mr. Goldberger as the point of contact for the civil litigation. Regarding your suggestion on the content of the notification letters, I intend to use the same format that was used in the letters previously approved by Messrs. Goldberger and Tein, except that I will include the language from the September and October agreements. I have enclosed a draft herewith. Because I previously provided the victims with incorrect information—albeit with the approval of Mr. Epstein's counsel—it is imperative that I correct the error promptly. Accordingly, if you have any substantive objections to the letter, please advise me by tomorrow afternoon. Sincerely, R. Alexander Acosta United States Attorney By: ad . <4 , 62€4:ther — A. Marie Villafafta Assistant United States Attorney cc: Karen Atkinson, Chief. Northern Division EFTA00190379 U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Aw.. Suite 400 West Palm Beach. FL 3340! (36!) 820.87!! Facsimile: 060 820-8777 August 22. 2008 VIA FACSIMILE A U.S. MAIL ND Michael E. Dutko, Esq. Bogenschutz & Dutko 600 S. Andrews Ave, Suite 500 Fort Lauderdale, FL 33301-2802 DRAFT Re: Jeffrey Epstein= : AMENDED NOTIFICATION OF IDENTIFIED vicrim Dear Mr. Dutko: By virtue of this letter, the United States Attorney's Office for the SouthernMt of Florida asks that you provide the following amended notice to your client, Some of the information contained in the July 20,2008 letter to Ms. was inaccurate, so please advise her of the following changes. As you were previously advised, 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-00938IAXXXMB) 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 I, 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, including the following: I. An independent Special Master was assigned the task of selecting an attorney representative to represent the victims in connection with civil EFTA00190380 MICIIAEL E. DUTKO, ESO. AMENDED Ronne'mot+ OF IDENTIFIED VIC nm Aucus-r 22, 2008 PAGE 2 OF 3 DRAFT litigation between the victims and Mr. Epstein. The Special Master selected Robert Josefsberg, Esq. of the firm Podhurst Orseck, P.A., a highly-respected and experienced attorney. Ms. is not obligated to use Mr. Josefsberg as her civil attorney, but, as explained in greater detail below, Mr. Josefsberg's services will be provided at no cost to Ms. because Mr. Epstein is obligated to pay the costs and fees of the attorney-representative. Also, Mr. Epstein and his attorneys can only contact Ms. via Mr. Josefsberg, assuming that she would like Mr. Josefsberg to serve as her attorney. 2. If Ms. elects to file suit against Mr. Epstein pursuant to Title 18, United States Code, Section 2255, Mr. 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 Mr. Epstein waives his right to contest liability and also waives his ri t to contest damages up to an amount as a eed to between Ms. and Mr. Epstein, so long as Ms. elects to proceed exclusively under 18 U.S.C. § 2255, and she waives any other claim for damages, whether pursuant to state, federal, or common law. Notwithstanding this waiver. Epstein's agreement with the United States, his waivers and failure to contest liability and such damages in any suit are not to be construed as an admission of any criminal or civil liability. 3. As stated above. Mr. Epstein has agreed to pay the fees of the attorney representative selected by the independent third party. This provision, however, shall not obligate Epstein to pay the fees and costs of contested litigation filed ra ft . Thus, if after consideration of potential settlements, Ms. and Mr. Josefsberg elect to file a contested lawsuit pursuant to 18 U.S.C. § 2255 or she elects to pursue any other contested remedy, the obligation to pay the costs of the attorney representative, as opposed to any statutory or other obligations to pay reasonable attorneys fees and costs such as those contained in Section 2255 to bear the costs of the attorney representative, shall cease. Mr. Josefsberg will be contactiniovithin the next week to explain these terms and to determine if he may contact Ms. directly. If you would like to contact Mr. EFTA00190381 MICHAEL E. DUTKO, AMENDED NOTIFICATION OF IIXNTIFIFS) VICTIM AUGUST 22.2008 PAGE 3 OF 3 Josefsberg directly, he can be reached at 305 358-2800. If Ms. has selected other counsel to represent her, or if she does so in the future, and she decides to pursue a claim against Jeffrey Epstein. his attorney, Jack Goldberger, asks that he be contacted at Atterbury Goldberger and Weiss, 250 Australian Avenue South, Suite 1400, West Palm Beach, FL 33401. 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 attorn 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. As I stated in my earlier notification, 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, but we again thank you and your client for all of her assistance during the course of this investigation. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY DRAFT By: A. MARIE VILLAFANA ASSISTANT U.S. ATTORNEY cc: Robert Josefsberg, Esq. Jack Goldberger, Esq. EFTA00190382 Case 9:08-cv-80736-KAM Document 26 Entered on FLSD Docket 08/21/2008 Page 1 of 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA NO. 08-80736-CIV-MARRABOHNSON IN RE: JANE DOES I AND 2, Petitioners. ORDER TO COMPEL PRODUCTION AND PROTECTIVE ORDER THIS CAUSE comes before the Court on the Petitioners' ore tenus motion seeking the production of the Non-Prosecution Agreement between the United States Attorney's Office for the Southern District of Florida ("USAO") and Jeffrey Epstein ("Epstein"). After consideration of the Motion, the arguments of the parties, and the record, it is ORDERED AND ADJUDGED that the Petitioners' Motion is GRANTED. The USAO shall produce the Non-Prosecution Agreement, including any modifications and addenda thereto, in accordance with the following procedures: (a) The USAO shall produce a copy of the Non-Prosecution Agreement, including any modifications and addenda thereto (collectively referred to as the "Agreement"), to the attorneys for Petitioners. (b) Petitioners and their attorneys shall not disclose the Agreement or its terms to any third party absent further court order, following notice to and an opportunity for Epstein's counsel to be heard. (c) Before counsel for petitioners show the Agreement to their clients or discuss the specific terms with them, they must provide a copy of this Order to petitioners, who must review and acknowledge their receipt of, and agreement to abide by, the terms of the Order. Counsel for petitioners must promptly provide a copy of that acknowledgment to the USAO. (d) If any individuals who have been identified by the USAO as victims of EFTA00190383 Case 9:08-cv-80736-KAM Document 26 Entered on FLSD Docket 08/21/2008 Page 2 of 2 Epstein and/or any attomey(s) for those individuals request the opportunity to review the Agreement, then the USAO shall produce the Agreement to those individuals, so long as those individuals also agree that they shall not disclose the Agreement or its terms to any third party absent further court order, following notice to and an opportunity for Epstein's counsel to be heard (e) Prior to producing the documents to any other individuals who have been identified by the USAO as victims of Epstein and/or any attomey(s) for those individuals, a copy of this Order must be provided to said individuals, who must review and acknowledge their receipt of, and agreement to abide by, the terms of this Order. Counsel for petitioners must promptly provide a copy of that acknowledgment to the USAO. DONE and ORDERED in Chambers, in West Palm Beach, Palm Beach County, Florida, this 21" day of August, 2008. KENNETH A. MARRA UNITED STATES DISTRICT JUDGE Copies furnished to: all counsel of record By signing below, I certify that I have reviewed and agree to be bound by the terms of this Order. Dated: Signed by: Printed Name: 2 EFTA00190384 KIRKLAND & ELLIS LLP N•10 XOINnp PANINO:11 ISM Cilirup Conies 153 East 53ifo Strom . Now York. Nnw York 160274611 Joy P I olkowitz. P C Ir To Sot [Sealy 413.11./M pent zekilklaiml Co..' VIA FACSIMILE (561) 820-8777 446.4000 wow kirkkind can August 22.2008 A. Marie Villafana I intent States Attorney's Office Southern District of Florida 300 South Australian Avenue. Suite 400 West Palm Beach. Florida 33401 Affiry Epsitin Dear Mark: Facrarnoe r: 44S 4900 I write this letter to correct certain misstatements made in win. letter dated August 21. 2008. and the accompanying draft notification. First, you state that "Mr. Josefsbcrg expended time, effort and funds in preparing to serve as attorney representative in October of 2007.- Neither I. nor any other attorney un Mr. Epstein's defense team. was notified of this work by Mr. Joselsherg. Second. in the victim notification letter, no judge "has ordered that the United States" make available a copy of the Non-Prosecution. Agreement. Section (d) of the Order to Compel Production and Protective Order provides that if any of the alleged - victims- andior their altonieys "request the opportunity to review the Agreement." the MAO shall 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 ninice that the Non-Prosecution Agreement is available to them upon request and doing so is in conflict with the confidentiality provisions of the Agreement. Given that the individuals on the list will have an attorney representative who is fully aware of the terms of the Non-Prosecution Agreement. this conflicting paragraph of your notice is unnecessary in any event and should he excised. Third. misstatements in your prior notification were not made "with the approval of Mr. Epstein's counsel.- Fourth. we arc concerned with your open-ended description of Mr. lipstein's responsibilities regarding civil restitution. The resolution of liability pursuant to 18 U.S.C. EFTA00190385 KIRKLAND & ELLIS LLP A. Marie Villahiuia August 22. 2008 Page 2 § 2253 is as stated in paragraphs 7 and S of the Agreement and the Addendum to the Agreement. no more. no less. Filth. while ?nu state, in your letter, that the IISAO does nut 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 be 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. 2008 (the date of sentence pursuant to the Agreement's disclosure requirements). Please confirm 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 ft of the Agreement arc in need of clari ileation 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 our objections to the propriety of the attorney representative engaging in contested litigation. We again dispute the assertion that Mr. Jostisberg's dutit.s include filing contested litigation. In any ease, that issue is not ripe for resolution in this point, but again, given his agreement to be the attorney representative, we will address these matters directly with Mr. Josefsberg. Siqstircly. tr, cc: Karen Atkinson, Chia, Northern Division EFTA00190386 KIRKLAND & ELLIS LLP Fax Transmittal Citigroup Center 153 East 53rd Street New York, New York 10022-4611 Phone: Fax Please notify us immediately it any pages are not received. 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. UNAUTHORIZED USE. DISCLOSURE OR COPYING IS STRICTLY PROHIBITED AND MAY BE UNLAWFUL IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY AT: To: Company: Fax #: Direct II: A. Marie Villafana United States Attorney's Office 561-S20-S777 561-2W)-1047 CC: Company: Fax #: Direct #: Karen Atkinson t Inited States Attorney's Office 561-820-8777 561-520-5711 From: • Date: Pagesimicover: Fax #: Direct Jay 1'. Lelkowitz August 22.2008 3 Message: EFTA00190387 U.S. Department of Justice United States Attorney Southern District of Florida 500 S. Australian Ave, Ste 400 West Palm Beach, FL 33401 (561)8204711 Facsimile: (561) 820-8777 August 26, 2008 DELIVERY BY ELECTRONIC MAIL Jay P. Lefkowitz, Esq. Kirkland & Ellis LLP Citigroup Center 153 East 53rd Street New York, New York 10022-4675 Roy Black, Esq. Black Srebnick Kornspan & Stumpf P.A. 201 S. Biscayne Blvd, Suite 1300 Miami, FL 33131 Re: Jeffrey Epstein Dear Jay and Roy: Thank you for your letter of August 22nd. I write to follow up on some of the points that you raised. The list of thirty-two victims that was provided to Mr. Goldberger via certified mail on July 10, 2008 is the final list. As I mentioned, copies of the notification letters to each victim will be carbon-copied to an attorney for Mr. Epstein and Mr. Josefsberg. I asked you to advise me whether Mr. Goldberger should continue to be listed as the contact person for the civil litigation in the amended victim notification letters and whether he should receive the carbon copies of those letters as they are sent. 1 also asked you to provide me with written confirmation of your agreement to pay Mr. Josefsberg's fees. Please provide that confirmation to Mr. Josefsberg so that he can begin his representation, and provide me with a copy for my file. I have conferred with the lead AUSA in the case of Jane Doe I and 21 United States, EFTA00190388 JAY P. LEFKOWITZ, ESQ. ROY BLACK, ESQ. AUGUST 26, 2008 PAGE 2 OF 2 and he agrees that, based upon the discussion with Judge Marra during the hearing on the plaintiffs' motion, a notification of the judge's ruling is required. I will, however, change the language slightly to direct the victims to discuss the matter with Mr. Josefsberg. With regard to your concerns with my "open-ended description of Mr. Epstein's responsibilities regarding civil restitution," I agree that the resolution of civil damages claims is as stated in paragraphs 7 and 8 of the Agreement and Addendum. That is why the language in the notification is taken verbatim from paragraphs 7, 8, and 7C of the Agreement and Addendum, except that the victim's name is used in place of "identi fied individual." As I mentioned in my earlier letter, i f you have any proposed substantive changes, please provide them to me. Mr. Goldberger and Mr. Tein explicitly approved the language in my earlier victim notification letter, even though they apparently were taking the position that the December 19, 2007 letter was not part of the Agreement, so that misinformation was provided to the victims with the approval of Mr. Epstein's attorneys. With regard to your sixth and seventh points, I reiterate that it is the Office's position that the Agreement and Addendum speak for themselves. Let me also reiterate that, while the Office does not intend to involve itself in any civil negotiations or litigation, if it comes to our attention that Mr. Epstein has breached the terms of the Agreement, the Office intends to enforce its right pursuant to the Agreement. I would appreciate a prompt response to the question regarding which of Mr. Epstein's attorneys should be named in and receive copies of the notification letters, as well as documentation of your commitment to paying Mr. Josefsberg's fees so that I may begin distributing the revised victim notifications on Wednesday morning. Sincerely, R. Alexander Acosta Un' States Attorney By: A. Villa fafla Assistant United States Attorney cc: Karen Atkinson, Chief, Northern Division EFTA00190389 From: Barry Krischer fmailto:Bkrische@sa15.state.fLus] Sent: Wednesday, September 17, 2008 10:46 AM To: Garcia, Rolando LUSAFLS) Subject: FW: State I. Jeffrey Epstein Please advise how you would like us to proceed. The agreement referred to is the Federal Non-Prosecution agreement sealed in the file by the judge at the time of the Epstein plea. From: Lanna Belohlavek Sent: Tuesday, September 16, 2008 4:21 PM To: Barry Krischer Subject: FW: State I Jeffrey Epstein How to proceed? Lanna From: Bryce Albu [mailto:bryce@reederandreeder.com] Sent: Tuesday, September 16, 2008 3:52 PM To: Lanna Belohlavek Cc: Martin Reed r Subject: State I. Jeffrey Epstein Ms. Belohlavek, 433 EFTA00190390 We represent The Palm Beach Daily News. The newspaper recently discovered that a non-prosecution agreement (and an addendum thereto) was filed under seal pursuant to an agreed order entered i