Text extracted via OCR from the original document. May contain errors from the scanning process.
EFTA00213783
U.S. Department of Justice
United States Attorney
Southern District of Florida
SOO South Australian Avenge, Sumo 400
Wed Palm 13
Flair& 33401-6235
ht
Fax
May 14, 2007
Jack A. Goldberger, Esq.
Atterbury, Goldberger &: Weiss, P.A.
One Clearlake Centre, Suite 1400
250 Australian Avenue South
West Palm Beach, FL 33401-5015
Dear Mr. Goldberger:
Thank you for your letter of May 10, 2007, and the documents attached thereto. I have enclosed
another copy of the grand jury subpoenas that were provided to Bruce Lyons, former counsel for Hyperion
and JEGE,. on April 25, 2007. The time for responding has passed, so please provide the requested
documents as soon as possible. Please also have the Custodians of Records of the Corporatt
the BusinessReconis Certifications and InventoryForms and return everything to Special Agen
at the Federal Bureau of Investigation, 505 South Flagler Drive, Suite 500, West Palm Beac
5933.
Thank you for your assistance with this matter.
By:
Enclosures
FBI
Sincerely,
Assistant United States Attorney
1:16605
EFTA00213784
imii•••••••
United States District Court
TO: Custodian of Records
Hyperion Air, Inc.
PGJ 07-103(WPB)-Tues./No. OLY-46
SUBPOENA FOR:
PERSON ri DOCUMENTS OR OBJECT(S1
YOU ARE HEREBY COMMANDED to appear and testify before the GrandJury of the United States District
Court at the place, date and time specified below.
PLACE:
United States District Courthouse
701 Clematis Street
West Palm Beach, Florida 33401.
ROOM:
Grand Jury Room
DATE AND TIME
May 8, 2007
1:00 pm*
YOU ARE AISO COMMANDED to bring with you the following document(s) or object(s):
All income tax returns, balance sheets, regulatory filings, minutes of board of directors meetings, and
documents required by or filed with the Internal Revenue Service and/or the State of Delaware
referring or relating to the period of 1/1/2003 to 12/31/2005.
For the period 1/1/2003 to the present, the names of all employees, copies of all W-2s for all employees,
and the names of all corporate directors, board members, and shareholders.
*Please coordinate your compliance with this subpoena and confirm the date and time , and location of
our appearance with Special Agent-Federal
Bureau of Investigation, Telephone:
This subpoena shall remain in effect until you are granted leave to depart by the court or by an officer acting
on behalf of the court.
C1ERK
(RY)DEPITTY CLERK
DATE:
Apia 24, 2007
This subpoena is issued upon application
ofthe lni
Nam, Address and Phone Number of Assistant US. Attorney
Ann Marie C. Villafaita, Assistant U.S. Attorney
500 So. Australian Avenue, Suite 400
West PalmBeach, FL 33401.6235
Tel:
Fax:
'If no! applies* ever "nom."
io lamed le Si of ACM0
FORM ORD-227
JAN.86
GROG
EFTA00213785
U.S. Department of Justice
United States Attorney
Southern District of Florida
S00 Au:waist:AK, WS 400
SW
FL 334014235
The attached subpoena requires the production of the records specified to a Federal
Grand Jury/Trial in the Southern District of Florida.
A new provision of the Federal Rules of Evidence provides that routine business
records may be admitted at trial through the declaration of a custodian, if they are provided
sufficiently in advance of trial to allow an opportunity for any challenges to their
authenticity. Therefore, you may be able to avoid appearing personally at the grand
Juryltrial at the time and place specified by completely filling out the attached Certification
and immediately returning it with the records to Special Agent
FBI et the following address:
Federal Bureau of Investigation
505 South Flagler Drivo, Ste. 500
West Palm Beach, Florida 33401.5923
EARLY VOLUNTARY TURNOVER•'
Please note that we are requesting an early voluntary turnover of the materials
subpoenaed. The early voluntary turnover date Is prior to May 8. 2007.
BY:
Sincerely,
OHO
EFTA00213786
It.
I, the undersigned,
, declare that I am:
employed by/associated with
In the
position of
and by reason of my
position am authorized and qualified to make this declaration.
In my employment with the above-named bank/company I am familiar with the
business records it maintains. The above-named bank/company maintains records of its
business which are:
1. made at or near the time of the occurrence of the matters set forth therein, by,
or from information transmitted by, a person with knowledge of those matters;
2. kept in the course of regularly conducted business activity; and
3. made by the regularly conducted activity as a regular practice.
Among the records so maintained are the attached records itemized in Appendix A,
Inventory of Documents.
I declare under penalty of perjury that the foregoing Is true and correct.
Date of execution:
• Place of execution:
Signature:
DBBDB
EFTA00213787
APPENDIX A
The documents submitted are as follows:
Signature of Records Custodian:
00609
EFTA00213788
United States District Court
TO: Custodian of Records
MB, Inc.
FGJ 07-103(WPB)-Tues./No. OLY-47
SUBPOENA FOR:
PERSON
YOUARE HEREBY COMMANDED to appearandtestify before the Grandrury of theUnited StatesDistrict
. Court at the place, date and time specified below.
PLACE:
United States District Courthouse
701 Clematis Street
West Palm Beach, Florida 33401
ROOM:
Cirand Jury Room
DATE AND TIME:
May 8,2007
1:00 pm°
YOU ARE ALSO COMMANDED to bring with you the following document(s) or objets*);
AR income tax returns, balance sheets, regulatory things, minutes of board of directors meetings, and
documents required by or tiled with the Internal Revenue Service and/or the State of Delaware
referring or relating to the period of 1/1/2003 to 12131/2005.
For the period 1/1/2003 to the present, the names of all employees, copies of all W-2s for all employees,
aad the names of all corporate directors, board members, and shareholders.
*Please coordinate your compliance •
confirm the date and time, and location of
with Special Agent
ederal Bureau ofInvestlgation, Telephone:
This subpoena shall remain in effect until you are granted leave to depart by the court or by an officer acting
on behalf of the court.
CLERK
(BY) DEPUTY CLERK
This subpoena is issuv.1 upon application
DA7B:
Apnl 24, 2007
Name, Address sad Phone Number of Assistant U.S. Attorney
Ann Maxie C. Villa fans, Assistant U.S. Attorney
500 So. AustraticaAvenue, Suite 400
Tea:
Ft=
West Palm Be
FL 334014235
no app
To be swab IlnatA0110
FORM ORD.227
JAN.86
OBEID
EFTA00213789
U.S. Department of Justice
United States Attorney
Southern District of Florida
500 S dartrallan An. &di. 400
Wal Pak &ea, FL 33401-6235
The attached subpoena requires the production of th e records specified to a Federal
Grand Jury/Trial in the Southern District of Florida.
A new provision of the Federal Rules of Evidence provides that routine business
records may be admitted arida; through the-declaration of a custodian, if they are provided
sufficiently in advance of trial to allow an opportunity for any challenges to their
authenticity. Therefore, you may be able to avoid appearing personally at the grand
jury/trial at the time and place specified by completely filling out the attached Certification
and immediately returning It with the records to Special Agent
BI at the following address:
Federal Bureau of Investigation
505 South Flagler Drive, Ste. 500
West Palm Beach, Florida 33401-5923
gARLY VOLUNTARY TURNOVER
Please note that we are requesting an early voluntary turnover of the materials
subpoenaed. The early voluntary turnover date is prior to Mav 8. 2007.
BY:
Sincerely,
HMI
EFTA00213790
I, the undersigned,
, declare that I am:
employed by/associated with
in the
position of
and by reason of my
position am authorized and qualified to make this declaration.
In my employment with the above-named bank/company I am familiar with the
business records it maintains. The above-named bank/company maintains records of Its
business which are:
1. made at or near the time of the occurrence of the matters set forth therein, by,
or from information transmitted by, a person with knowledge of those matters;
2, kept in the course of regularly conducted business activity, and
3. made by the regularly conducted activity as a regular practice.
Among the records so maintained are the attached records Itemized in Appendix A,
Inventory of Documents.
I declare under penalty of perjury that the foregoing Is true and correct.
Date of execution:
Place of execution:
Signature:
06812 I
EFTA00213791
i
I.mil•P•m
APPENDIX A
The documents submitted are as follows:
Signature of Records Custodian:
06813 ,
EFTA00213792
Ob/lb/XUUY 10:D1 tAA DOhousanal
U.S. Department ofJustice
United States Attorney
Southern District of Florida
.500 South Australian Ara, Suits 400
West Palm Beach, FL 35401
Facsimile:
May 15, 2007
VIA FAC,SIMITS
Jack A. Goldberger, Esq.
Atte:bury, Goldberger & Weiss, PA.
One Clearlake Centre, Suite 1400
250 Australian Ave S.
West Palm Death, FL 33401-5015
Re:
Subpoenas to JEGE, Inc. andllypetion Air. Inc
Dear Mr. Goldberger:
It was a pleasure speaking with you today. As we discussed, the deadlines for complying
with the subpoenas to JEGE, Inc. and Hyperion Air, Inc. have been extended to May 29, 2007. If
there are any categories for which no documents exist, please ask the Custodian of Records to
provide a certificate of nonexistence of records.
Also, following our conversation I received a voicemail from Lilly Ann Sanchez addressing
the subpoenas. Since you have provided awritten statement that you represent JEGE and Hyperion,
I will assume that you alone serve as their counsel unless you tell me otherwise. With that in mind,
pursuant to Rule 6(c), I do not intend to discuss matters related to these subpoenas with other
attorneys.
.
cc:
Thank you again for your assistance,
,FBI
By:
Sincerely,
R. Alexander Acosta
Uni • States A m
Assistant United States Attorney
EFTA00213793
U.S. Department of Justice
United States Attorney
Southern District of Florida
100 South Australian Aram. ado 400
Wog Paha !loath, north' 3340i4235
Tea
lc!
June
, 2007
Jack Alan Goldberger, Esq.
Atterbury Goldberger et al
250 South Australian Ave.
Suite 1400
West Palm Beach, FL 334015-5015
Re: Subpoenas to 1B(3E, Inc. and Hyperion Air, Inc.
Dear Mr. Goldberger.
Thank you for your response to the subpoenas issued to JEGE, Inc. and Hyperion Ai; Inc.
In the responses from each company, there are no lists of the corporate directors, board
members, and shareholders (with the exception of the JEGE IRS Fonn 2553 and Hyperion Share
Certificate). Please ask the Custodian of Records to provide a list of all corporate directors, board
members, and shareholders from January 1, 2003 to the present Please also ask the Custodian of
Records to confirm that there are no records of any board of directors meetings that Declined
between January 1, 2003 and December 31, 2005.
Thank you again for your assistance.
Sincerely,
B)11110111
Assistant tilted States Attorney
EFTA00213794
Jack Goldberger
From:
Sent:
To:
Subject:
Read carefully the GJ suspension portion of the non pros agreement. It says upon signing the non pros agreement and A
PLEA AGREEMENT with SAO all pending GJ subpoenas will be held in abeyance. Doesn't that imply that when we sign
plea agreement with state this week the new al subpoenas that are out now go into abeyance status also
From:
(USAFLS)
Dear Roy and Jack:
am just writing to re-state that it is the Government's position that we have a signed, binding agreement and
that there is no need for further modification.
Please keep us informed of the date and time of the change of plea and sentencing.
Thank you.
Assistant U.S. Attorney
500 S. Australian Ave, Suite 400
West Palm Beach, FL 3340]
Phone
Fax
EFTA00213795
JUI4.27.2208
3:39PM
LEPO WPB FL
-
.
M0.324-
P.2
U.S. Department of Justice
United Sums Attorney
Southern District of Florida
SOO South Australian Ave, State 400
West Palm Beach. FL 33401
Facsimile:
June 27, 2008
VIA FACSD/LILE
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:
ateetiEiRellitt
Dear Messrs. Goldberger and Black:
I write to follow up on my e-mail correspondence of June 24 and June 26, and my message
this morning. As of 3:15 pm., Friday, June 27, 2008, the Office still has not received a copy of a
proposed plea agreement between Mr. Epstein and the State Attorney's Office, nor has the Office
received notice of a date and time for a change of plea.
As you know, the Non-Prosecution Agincourt between Mr. Epstein and the Office called
for Mr. Epstein to plead, be sentenced, and begin serving his sentence not later than January 4,
2008—almost six months ago. The Office has continued that deadline to allow /qr. Epstein to raise
various issues with the Department of Justice, but repeatedly advised that, once those appeals were
completed, Mr. Epstein would need to perform the terms of the agreement within a short window
thereafter. Now that those appeals have been exhausted, we promptly informed counsel for Mr.
Epstein that he must enter his plea, be sentenced, andbegin serving his sentence by 5:00 on Monday,
June 30, 2008,
This week I have sent two e-mails and left a message with Mr. Black's receptionist asking
for the date and time of the change of plea and for a copy of the proposed plea agreement between
Mr. Epstein and the State Attorney's Office in accordance with the terms of the Non-Prosecution
Agreement. I have received no response to any of those requests.
EFTA00213796
JUN.27.2009
3:39PM
USAO WPB FL
NO.324
P.3
ROY BLACK, ESQ.
JOKE 27, 2008
PAGE 2 OF 2
I have received correspondence from counsel for a witness asking to cancel or continue the
witness's appearance because he "understand[s] that there has been a recent development with
respect to Mr. Epstein in that he intends to plead guilty in Florida state court on Monday pursuant
to a deferred prosecution agreement with your office that has already been executed" and that he has
"learned from Mr. Epstein's attorney that the plea is scheduled to take place on Monday morning."
I also understand that there is an envy on Judge McSorley's docket that a hearing is scheduled for
8:30 a.m. on Monday.
Both parties have agreed that it is amaterial term of the Non-ProsecutionAgreementthatthe
United States shall have the right to review the terms of any agreements between Epstein and the
State Attorney's Office prior to entering into those agreements. If, indeed, the change of plea is set
for 8:30 Monday morning, the agreement with the State Attorney's Office must be provided to the
Office by 4:30 today to allow adequate time to review and comment. Failure to provide this
opportunity shall be deemed a breach of the Agreement.
Accordingly, I again ask that you provide me with a copy of the Plea Agreement with the
State Attorney's Office and notification of the date and time of the change of plea.
Thank you.
CO:
AUSA
By:
Sincerely,
R. Alexander Acosta
s
tUnited StatesAttorney
EFTA00213797
SUN.27.2009
5:55PM
USAO WPB FL
NO.329
P.2
U.S, Department of Justice
United States Attorney
Southern District of Florida
SOO South Atairdtan Ave., Suite 400
st P n Beech FL 33401
Facsimile:
June 27, 2008
EAJAMLatallakeMQUICIASU
A
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 Be Stumpf P.A.
201 S. Biscayne Blvd, Suite 1300
Miami, PI. 33131
Re:
Jaffrey 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 nel comply with the terms of the Non-Prosecution Agreement.
The second sentencing paragraph of the proposed plea agreement reads:
On 08CF009381AMB, the Defendant Is sentenced to 18 months Community Control
1 (onel. 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„ viihnatzazin
ear
*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 confinementtwenty-four
EFTA00213798
JUN. 27. 2008
5: 550r1
WPB FL
ROY BLACK. ESQ.
JUNE 27, 2008
PACE 2 OF 2
hours a day at the County Jail, and thejudge must accept that rocommendation, Community control
must follow that term of incarceration.
Secondly, wo have not been provided with a copy of the Information filed in ease number
08CF00938IAMB. I want to confirm that Mr. Epstein is being charged with the substantive offense
of procuring minors to engage in prostitution, not aemagg procurement. Accordingly, please
provide me with a copy
,
oldie Information at your earliest opportunity, will be avai !able viae-mail
throughout the weekend or you may roach me on my cell phone a
.
Thank you.
Sincerely,
R. Alexander Acosta
United States Attorney
By:
Assistant United States Attorney
AUSA
EFTA00213799
Jack Goldberger
From:
Sent:
To:
Cc:
Subject:
From:
Cc: Atkinson, Karen (USAFLS)
Dear Messrs. Goldberger and Black:
Please see the attached Notification Letter.
«080627 Goldberger Black notification Itr.pdf»
Assistant U.S. Attorney
500 S. Australian Ave, Suite 400
West Palm Beach, FL 33401
Phone
Fax
EFTA00213800
Jack Goldberger
From:
Sent:
To:
Subject:
not a problem.
Wow
From:
W/b
r
ere
Cc:
(USAFLS);
Dear Jack:
I have conferred with a state court practitioner who stated that there is nothing that prohibits you from 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.
— Original Message --
From:
Cc
(USAFLS)
Subject Notice of Non-Compliance
Dear Messrs. Goldberger and Black:
Please see the attached Notification Letter.
«080627 Goldberger Black notification Itr.pdf»
EFTA00213801
Assistant U.S. Attorney
500 S. Australian Ave, Suite 400
West Palm Beach, FL 33401
Phone
Fax
2
EFTA00213802
Jack Goldberger
On Jun 30, 2008, at 5:16 PM,
wrote:
From:
Sent:
To:
Subject:
Jack:
The FBI has received several calls regarding the Non-Prosecution Agreement. I do not know
whether the title of the document was disclosed when the Agreement was filed under seal, but
the FBI and our office are declining comment if asked.
Assistant U.S. Attorney
500 S. Australian Ave, Suite 400
West Palm Beach, FL 33401
Phone
Fax
EFTA00213803
U.S. Department of Justice
United Slates Attorney
Southern District of-Florida
500 South Australian Ave., Suite 400
it FL 33401
cases e.•
June 30, 2008
NOTICE: IN ACCORDANCE WITH TITLE 18, UNITED
STATES CODE, SECTION 3509(d) AND FLORIDA LAW,
PROCEEDING.
EFTA00213804
U.S. Department of Justice
United Stoles Attorney
Southern District of Florida
500 South Australian Ave., Suite 400
L 33401
Facsimile:
June 30, 2008
On June 30, 2008, Jeffrey Epstein (hereinafter referred to as "Epstein) entered a plea
of guilty to violations ofF lorida 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-009454A)OCXMB and 2008-cf-
009381AX:O(MB) and was sentenced to a term of twelve months' imprisonment to be
followed by eighteen months' of Community Control 1, the first six months of which must
be served imprisoned at the Palm Beach County Detention Facility.
In light of the entry of the guilty plea and sentence, the United States has agreed to
defer federal prosecution in favor of this state plea and sentence, subject to certain
conditions.
One such condition to which Epstein has agreed is the following:
"Any person, who while a minor, was a victim of a violation of an offense
enumerated in Title 18, United States Code, Section 2255, will have the same
rights to proceed under Section 2255 as she would have had, if Mr. :Epstein
had been tried federally and convicted of an enumerated offense. For purposes
of implementing this paragraph, the United States shall provide Mr. Epstein's
attorneys with a list of individuals whom it was prepared to name in an
Indictment as victims of an enumerated offense by Mr. Epstein. Any judicial
authority interpreting this provision, including any authority determining
which evidentiary burdens if any a plaintiff must meet, shall consider that it is
the intent of the parties to place these identified victims in the. same position
as they would have been had Mr. Epstein been convicted at trial. No more; no
less."
Initials of Jeffrey Epstein
Initials of Jack Goldberger
EFTA00213805
JUNE 30, 2008
PAGE 2 OF 3
Through this letter, this Office hereby provides Notice that the individuals identified
below are individuals whom the United States was prepared to name as a victim of an
enumerated offense.
Identified Individuals
III
Dated:
By:.
ACKNOWLEDGMENT
I have received this Notification from my attorney, Jack Goldberger, Esquire, have
read it and discussed it with my attorney, and I hereby acknowledge that it accurately sets
forth my understanding and agreement with the Office of the United States Attorney for the
Southern District of Florida regarding the notification and rights of identified victims. I
Initials of Jeffrey Epstein
Initials of Jack Goldberger
EFTA00213806
JUNE 30.2008
PAGE 3 OF 3
understand that an exact copy of this Notification will be provided to each identified
individual, except that the names of all other identified individuals will be redacted, and I
hereby waive any evidentiary challenges to the
#
introduction of a copy of this document—even
¶in redacted form—insany judicia! proceeding bettlen any identified individual d myself.
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EFTA00213807