Villafana, Ann Marie C. (USAFLS

Villafana, Ann Marie C. (USAFLS From: Jay lefkowitz [[email protected]] Sent: Thursday, September 13, 2007 7:35 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Re: Sounds good. I will be at home. Let's talk at 9 am. '111877 3944. Already thinking about the same statutes. Look forward to speaking in the morning. Best, Jay Original Message From: "Villafana, Ann Marie C. \(USAFLS\)" [[email protected]] Sent: 09/13/2007 07:26 PM AST To: Jay Lefkowitz Subject: RE: Hi Jay -- Yes, I am. I have been spending some quality time with Title 18 looking for misdemeanors. Do you want to take a look at 18 USC 403, 18 USC 1512(d), and 47 USC 223(a)(1)(B) and we can talk about them tomorrow? I know that someone mentioned there being activity on an airplane, I just want to make sure that there is factual basis for the plea that the agents can confirm. I'm not sure exactly where I will be tomorrow morning, so is it alright if I call you? Have a good evening. 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: Jay Lefkowitz [mailto:[email protected]] Sent: Thursday, September 13, 2007 7:21 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Marie - Are you free to speak at 9 am tomorrow? Thanks. Jay **4, ***** ****** ***** ses*********** ************ ***********.: The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for 15 EFTA00226107 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Thursday, September 13, 2007 7:27 PM To: 'Jay Lefkowitz' Subject: RE: Hi Day -- Yes, I am. I have been spending some quality time with Title 18 looking for misdemeanors. Do you want to take a look at 18 USC 403, 18 USC 1512(d), and 47 USC 223(a)(1)(8) and we can talk about them tomorrow? I know that someone mentioned there being activity on an airplane, I just want to make sure that there is factual basis for the plea that the agents can confirm. I'm not sure exactly where I will be tomorrow morning, so is it alright if I call you? Have a good evening. A. Marie Villafaha 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: Jay Lefkowitz [mailto:[email protected]] Sent: Thursday, September 13, 2007 7:21 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Marie - Are you free to speak at 9 am tomorrow? Thanks. Jay **4.:***********************40****************************ry. 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 postmasterBkirkland.com, and destroy this communication and all copies thereof, including all attachments. It*********S#4 , 4******************4ciiikt********************* 37 EFTA00226108 Villafana, Ann Marie C. (USAFLS) From: Jay Lefkowitz [email protected] Sent: Wednesday, September 12, 2007 5:55 PM To: Villafana, Ann Marie C. (USAFLS) Cc: Lourie, Andrew (USAFLS) Subject: Re: Jeffrey Epstein Andy - meant to copy you on my first attempt to respond to Marie. We appreciate the courtesy of today's meeting and your agreement and Alex's. We understand the concerns you are raising and will work over the next few days to come up with a mutually acceptable solution. I will speak with you no later than Monday, and in the interim, if we come up with a solution, we will be in touch with you. Best, Jay Original Message From: "Villafana, Ann Marie C. k(USAFLS1)" [email protected] Sent: 09/12/2007 03:43 PM AST To: Jay Lefkowitz Cc: "I.ouric, Andrew 4USAFLS\)" <Andrew.LourieQusdoi.cov> Subject: Jeffrey Epstein Jay - It was nice seeing you again. Andy and I talked with Alex and Jeff. We are all satisfied in principle with the agreement, but the Office is uncomfortable with the recommended federal charge. Specifically, we are concerned about the effect of taking the position that Mr. Epstein's house is in the special maritime and territorial jurisdiction of the United States, and we have no evidence of any assaults occurring either on Mr. Epstein's plane or offshore from his residence. We are hoping that you can find an alternative federal statute that can be used. I also will wait to hear from Jack Goldberger to discuss logistics. Thank you. A. Marie Villafatia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 19 EFTA00226109 Villafana, Ann Marie C. (USAFLS) From: Villafana, Mn Marie C. (USAFLS) Sent: Wednesday, September 12. 2007 3:44 PM To: lefkowitzrakirkland.com' Cc: Lourie, Andrew (USAFLS) Subject: Jeffrey Epstein Jay - It was nice seeing you again. Andy and I talked with Alex and Jeff. We are all satisfied in principle with the agreement, but the Office is uncomfortable with the recommended federal charge. Specifically, we are concerned about the effect of taking the position that Mr. Epstein's house is in the special maritime and territorial jurisdiction of the United States, and we have no evidence of any assaults occurring either on Mr. Epstein's plane or offshore from his residence. We are hoping that you can find an alternative federal statute that can be used. I also will wait to hear from Jack Goldberger to discuss logistics. Thank 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 Tracking: Exhibit 49 EFTA00226110 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Thursday, September 13, 2007 8:10 PM To: Oosterbaan, Andrew Subject: RE: Epstein Iii Drew -- I tracked down the AUSA in Alaska and he is sending the trust agreement out to me. I will let you know how things go in the morning. Thanks. 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: Oosterbaan, Andrew Sent: Thursday, September 13, 2007 7:54 PM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Epstein Thanks for the information, Marie. I'll get the details on the Boehm arrangements from the prosecutors and get back to you tomorrow. I believe the girls agreed to the arrangement, but I'll confirm that. I should have the indictment reviewed by then as well. From: Villafana, Ann Marie C. (USAFLS) [mailto:[email protected]] Sent: Thursday, September 13, 2007 7:37 PM To: Oosterbaan, Andrew Subject: Epstein Hi Drew — Sorry to bother you, but the plea negotiations are getting fast and furious. Epstein's lawyers are fixated on this idea of a "victim's fund" rather than having the girls file separate 2255 actions. I know that the reason they want to do it is not out of the goodness of their hearts but to keep this stuff out of the public Court files, but in some ways it will help the girls, too. Do you know anything about how the fund in Alaska was worked out? Did all the victims consent or did the Court just do it? Thank you for your help. I also turned in the indictment package to my immediate supervisor today, so I expect some edits back from her before it goes higher up the chain. If you had any thoughts, please let me know. A. Marie Villafalia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 28 EFTA00226111 Villafana, Ann Marie C. (USAFLS) From: Oosterbaan, Andrew Sent: Thursday, September 13, 2007 7:54 PM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Epstein Thanks for the information, Marie. I'll get the details on the Boehm arrangements from the prosecutors and get back to you tomorrow. I believe the girls agreed to the arrangement, but I'll confirm that. I should have the indictment reviewed by then as well. From: Villafana, Ann Marie C. (USAFLS) [mailto:[email protected]] Sent: Thursday, September 13, 2007 7:37 PM To: Oosterbaan, Andrew Subject: Epstein Hi Drew - Sorry to bother you, but the plea negotiations are getting fast and furious. Epstein's lawyers are fixated on this idea of a "victim's fund" rather than having the girls file separate 2255 actions. I know that the reason they want to do it is not out of the goodness of their hearts but to keep this stuff out of the public Court files, but in some ways it will help the girls, too. Do you know anything about how the fund in Alaska was worked out? Did all the victims consent or did the Court just do it? 'thank you for your help. I also turned in the indictment package to my immediate supervisor today, so I expect some edits back from her before it goes higher up the chain. If you had any thoughts, please let me know. A. Marie Viltafaria Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 14 EFTA00226112 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Thursday, September 13,2007 7:37 PM To: Oosterbaan, Andrew Subject: Epstein Hi Drew — Sorry to bother you, but the plea negotiations are getting fast and furious. Epstein's lawyers are fixated on this idea of a "victim's fund" rather than having the girls file separate 2255 actions. I know that the reason they want to do it is not out of the goodness of their hearts but to keep this stuff out of the public Court files, but in some ways it will help the girls, too. Do you know anything about how the fund in Alaska was worked out? Did all the victims consent or did the Court just do it? Thank you for your help. I also turned in the indictment package to my immediate supervisor today, so I expect some edits back from her before it goes higher up the chain. If you had any thoughts, please let me know. A. Marie Villafaria Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 30 EFTA00226113 Villafana, Ann Marie C. (USAFLS) From: Oosterbaan, Andrew Sent: Tuesday, September 11, 2007 11:53 AM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Revised Epstein Indictment I had not heard. The counter-offering is unfortunate, but I suppose it's understandable. Let me know how it goes. Thanks, Marie. From: Villafana, Ann Marie C. (USAFLS) [mailto:[email protected]) Sent: Tuesday, September 11, 2007 11:48 AM To: Oosterbaan, Andrew Subject: RE: Revised Epstein Indictment Probably some time tomorrow, just to Karen Atkinson to get a first read, then it will go to Rolando and then up to Jeff. I am still shooting for 9/25 for an indictment date, assuming they don't take our counter-counter-offer. In case you haven't heard, yesterday one of Epstein's lawyers countered with 15 months jail followed by 15 months "community confinement" (a/k/a home confinement), and we counter-countered with 20 months jail followed by 10 months community confinement. Here is the agreement that was sent out Thanks, Drew. Marie Villajaiia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Oosterbaan, Andrew Sent: Tuesday, September 11, 2007 11:39 AM To: Villafana, Ann Marie C. (USAFLS); McMillan, John (USAFLS) Cc: [email protected]; Richards, Jason R. Subject: RE: Revised Epstein Indictment Will do. When do you plan to submit it? From: Villafana, Ann Marie C. (USAFLS) [mailto:[email protected]] Sent: Tuesday, September 11, 2007 11:34 AM To: McMillan, John (USAFLS); Oosterbaan, Andrew Cc: [email protected]; Richards, Jason R. Subject: Revised Epstein Indictment Hi all - Here is the revised version of the indictment. We are still doing some proofreading, but I wanted to get sonic feedback before I start sending it through the chain of command. Can you let me know what you think? 32 EFTA00226114 Villafana, Ann Marie C. (USAFLS) From: Sent: To: Subject: Attachments: Villafana, Ann Marie C. (USAFLS) Tuesday, September 11, 2007 11:48 AM Oosterbaan, Andrew RE: Revised Epstein Indictment 070910 Epstein Non-Prosecution Agreement.pdf Probably some time tomorrow, just to Karen Atkinson to get a first read, then to Jeff. 1 am still shooting for 9/25 for an indictment date, assuming they don In ease you haven't heard, yesterday one of Epstein's lawyers countered with months "community confinement" (a/k/a home confinement), and we counter followed by 10 months community confinement. Here is the agreement that was sent out Thanks, Drew. 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: Oosterbaan, Andrew Sent: Tuesday, September 11, 2007 11:39 AM To: Villafana, Ann Marie C. (USAFLS); McMillan, John (USAFLS) Cc: [email protected]; Richards, Jason R. Subject: RE: Revised Epstein Indictment Will do. When do you plan to submit it? it will go to Rolando and then up 't take our counter-counter-offer. 15 months jail followed by 15 -countered with 20 months jail From: Villafana, Ann Marie C. (USAFLS) [mailto:[email protected]] Sent: Tuesday, September 11, 2007 11:34 AM To: McMillan, John (USAFLS); Oosterbaan, Andrew Cc: [email protected]; Richards, Jason R. Subject: Revised Epstein Indictment Hi all — Here is the revised version of the indictment. We are still doing some proofreading, but I wanted to get some feedback before I start sending it through the chain of command. Can you let me know what you think? «070911 revised indictment.wpd» A. Marie Villafaila Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 Exhibit 48 63 EFTA00226115 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Tuesday, September 11, 2007 2:15 PM To: Gerald Lefcourt Cc: Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS); Lourie, Andrew (USAFLS) Subject: Revised Agreement re Epstein Dear Gerry: I have attached a revised version, as per Mr. Acosta's request. The operative terms have not changed. If you have any questions, please do not hesitate to call. Also, please confirm your receipt of this e- mail. Thank you. 07091 Epstein Jon-Prosecution.. 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 Tracking: 54 EFTA00226116 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Monday, September 10, 2007 5:23 PM To: Gerald Lefcourt Cc: Sloman, Jeff (USAFLS); Lourie, Andrew (USAFLS) Subject: Jeffrey Epstein Gerry: As per your discussion with U.S. Attorney Acosta, I have attached the Office's written counterproposal. If you have any questions regarding its terms, please do not hesitate to call. 070910 Epstein Jon-Prosecution.. 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 Tracking: 72 Exhibit 47 EFTA00226117 "Sloman, Jeff (USAFLS)" <[email protected]> 11/27/2007 01:55 PM To "Jay Lefkowitz" <[email protected]> cc "Acosta, Alex (USAFLS)" <[email protected]> Subject Epstein Jay, Please accept my apologies for not getting back to you sooner but I was a little under the weather yesterday. I hope that you enjoyed your Thanksgiving. Regarding the issue of due diligence concerning Judge selection like to make a few observations. First, Guy Lewis has known for some ime hat Judge was making reasonable efforts to sec n Podhurst and Bob Josephsberg for this assignment. In fact, when I told you of Judge selection during our meeting last Wednesday, November 21st, you and Professor Dershowi z se med very comfortable, and certainly not surprised, with the selection. Podhurst and Josephsberg are no strangers to nearly the entire Epstein defense team including Guy Lewis, Lili Ann Sanchez, Roy Black, and, apparently, Professor Dershowitz who said he knew Mr. Josephsberg from law school. Second, Podhurst and Josephsberg have long- standing stellar reputations for their legal acumen and ethics. It's hard for me to imagine how much more vetting needs to be done. The United States has a statutory obligation (Justice for All Act of 2004) to notify the victims of the anticipated upcoming events and their rights associated with the agreement entered into by the United States and Mr. Epstein in a timely fashion. Tomorrow will make one full week since you were formally notified of the selection. I must insist that the vetting proces o an end. Therefore, unless you provide me with a good faith objection to M Judge selection by COB tomorrow, November 28, 2007, I will authorize the notification of the victims. Should you give me the go-ahead on Podhurst and Josephsberg selection by COB tomorrow, I will simultaneously send you a draft of the letter. I intend to notify the victims by letter after COB Thursday, November 29th. Thanks, Jeff 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 [email protected], and destroy this communication and all copies thereof, including all attachments. **** ******* 4**.ps ***** 40************* ****** ***************** 3 EFTA00226118 back to work after the Thanksgiving Holiday, and yet your demands regarding timing suggest that I have been sitting on my hands for days. You should know that the first time I learned about Judge selection of Podhurst and Josephsberg, and indeed the first time I ever heard t eir names, was in our meeting with you on Wednesday of last week. Nevertheless, I have now been able to confer with my client, and we have determined that the selection of Podhurst and Josephsberg are acceptable to us, reserving, of course, our previously stated objections to the manner in which you have interpreted the section 2255 portions of the Agreement. We do, however, strongly and emphatically object to your sending a letter to the alleged victims. Without a fair opportunity to review and the ability to make objections to this letter, it is completely unacceptable that you would send it without our consideration. Additionally, given that the US Attorney's office has made clear it cannot vouch for the claims of the victims, it would be incendiary and inappropriate for your Office to send such a letter. Indeed, because it is a certainty that any such letter would immediately be leaked to the press, your actions will only have the effect of injuring Mr. Epstein and promoting spurious civil litigation directed at him. We believe it is entirely unprecedented, and in any event, inappropriate for the Government to be the instigator of such lawsuits. Finally, we disagree with your view that you are required to notify the alleged victims pursuant to the Justice for All Act of 2004. First, 18 USC section 2255, the relevant statute under the Non-Prosecution Agreement for the settlement of civil remedies, does not have any connection to the Justice for All Act. Section 2255 was enacted as part of a different statute. Second, the Justice for All Act refers to restitution, and section 2255 is not a restitution statute. It is a civil remedy. As you know, we had offered to provide a restitution fund for the alleged victims in this matter; however that option was rejected by your Office. Had that option been chosen, we would not object to your notifying the alleged victims at this point. At this juncture, however, we do not accept your contention that there is a requirement that the government notify the alleged victims of a potential civil remedy in this case. Accordingly, for all the reasons we have stated above, we respectfully -- and firmly -- object to your sending any letter whatsoever to the alleged victims in this matter. Furthermore, if a letter is to be sent to these individuals, we believe we should have a right to review and make objections to that submission prior to it being sent to any alleged victims. We also request that if your Office believes that it must send a letter to go to the alleged victims, who still have not been identified to us, it should happen only after Mr. Epstein has entered his plea. This letter should then come from the attorney representative, and not from the Government, to avoid any bias. As you know, Judge Starr has requested a meeting with Assistant Attorney General Fisher to address what we believe is the unprecedented nature of the section 2255 component of the Agreement. We are hopeful that this meeting will take place as early as next week. Accordingly, we respectfully request that we postpone our discussion of sending a letter to the alleged victims until after that meeting. We strongly believe that rushing to send any letter out this week is not the wisest manner in which to proceed. Given that Mr. Epstein will not even enter his plea for another few weeks, time is clearly not of the essence regarding any notification to the identified individuals. Thanks very much, Jay 2 EFTA00226119 Villafana, Ann Marie C. (USAFLS) From: Lourie, Andrew Sent: Wednesday, November 28, 2007 5:02 PM To: Villafana, Ann Marie C. (USAFLS); Oosterbaan, Andrew Cc: Garcia, Rolando (USAFLS) Subject: Re: Epstein Ok thx. Would you send me your last proposed nonpros with them with the 2255 language? Original Message From: Villafana, Ann Marie C. (USAFLS) <[email protected]> To: Lourie, Andrew; Oosterbaan, Andrew Cc: Garcia, Rolando (USAFLS) <RGarcialusa.doj.gov> Sent: wed Nov 28 16:48:48 2007 Subject: FW: Epstein Hi Andy and Drew -- This is the first that I have heard about another attempt to meet with someone in Washington. I thought I would give you a heads up. Hope all is well, Andy. A. Marie Villafaha 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: Sloman, Jeff (USAFLS) Sent: Wednesday, November 28, 2007 4:35 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Fw: Epstein Marie, Can u send Jay the proposed letter and redact the names? Thx, Jeff Sent from my BlackBerry Wireless Handheld Original Message From: Jay Lefkowitz <[email protected]> To: Sloman, Jeff (USAFLS) Cc: Acosta, Alex (USAFLS) Sent: Wed Nov 28 16:29:09 2007 Subject: Re: Epstein Dear Jeff: I received your email yesterday and was a little surprised at the tone of your letter, given the fact that we spoke last week and had what I thought was a productive meeting. I was especially surprised given that your letter arrived on only the second day EFTA00226120 The United States has a statutory obligation (Justice for All Act of 2004) to notify the victims of the anticipated upcoming events and their rights associated with the agreement entered into by the United States and Mr. Epstein in a timely fashion. Tomorrow will make one full week since you were formally notified of the selection. I must insist that the vetting proces o an end. Therefore, unless you provide me with a good faith objection to Judge selection by COB tomorrow, November 28, 2007, I will authorize the notification of the . Should you give me the go-ahead on Podhurst and Josephsberg selection by COB tomorrow, I will simultaneously send you a draft of the letter. I intend to notify the victims by letter after COB Thursday, November 29th. Thanks, Jeff 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 [email protected], and destroy this communication and all copies thereof, including all attachments. 3 EFTA00226121 that there'is a requirement that the government notify the alleged victims of a potential civil remedy in this case. Accordingly, for all the reasons we have stated above, we respectfully -- and firmly -- object to your sending any letter whatsoever to the alleged victims in this matter. Furthermore, if a letter is to be sent to these individuals, we believe we should have a right to review and make objections to that submission prior to it being sent to any alleged victims. We also request that if your office believes that it must send a letter to go to the alleged victims, who still have not been identified to us, it should happen only after Mr. Epstein has entered his plea. This letter should then come from the attorney representative, and not from the Government, to avoid any bias. As you know, Judge Starr has requested a meeting with Assistant Attorney General Fisher to address what we believe is the unprecedented nature of the section 2255 component of the Agreement. We are hopeful that this meeting will take place as early as next week. Accordingly, we respectfully request that we postpone our discussion of sending a letter to the alleged victims until after that meeting. We strongly believe that rushing to send any letter out this week is not the wisest manner in which to proceed. Given that Mr. Epstein will not even enter his plea for another few weeks, time is clearly not of the essence regarding any notification to the identified individuals. Thanks very much, Jay "51oman, Jeff (USAFLS)" <[email protected]> 11/27/2007 01:55 PM To "Jay Lefkowitz" (JLefkowitzfikirkland.com> cc "Acosta, Alex (USAFLS)" <[email protected]> Subject Epstein Jay, Please accept my apologies for not getting back to you sooner but I was a little under the weather yesterday. I hope that you enjoyed your Thanksgiving. Regarding the issue of due diligence concerning Judge Davis' selection like to make a few observations. First, Guy Lewis has known for some time that Judge was making reasonable efforts to sec n Podhurst and Bob Josephsberg for this assignment. In fact, when I told you of Judge selection during our meeting last Wednesday, November 21st, you and Professor Dershowi z seemed very comfortable, and certainly not surprised, with the selection. Podhurst and Josephsberg are no strangers to nearly the entire Epstein defense team including Guy Lewis, Lili Ann Sanchez, Roy Black, and, apparently, Professor Dershowitz who said he knew Mr. Josephsberg from law school. Second, Podhurst and Josephsberg have long- standing stellar reputations for their legal acumen and ethics. It's hard for me to imagine how much more vetting needs to be done. 2 EFTA00226122 Villafana, Ann Marie C. (USAFLS) From: Sent: To: Subject: Sloman, Jeff (USAFLS) Wednesday, November 28, 2007 4:35 PM Villafana, Ann Marie C. (USAFLS) Fw: Epstein Marie, Can u send Jay the proposed letter and redact the names? Thx, Jeff Sent from my BlackBerry Wireless Handheld Original Message From: Jay Lefkowitz <[email protected]> To: Sloman, Jeff (USAFLS) Cc: Acosta, Alex (USAFLS) Sent: Wed Nov 28 16:29:09 2007 Subject: Re: Epstein Dear Jeff: I received your email yesterday and was a little surprised at the tone of your letter, given the fact that we spoke last week and had what I thought was a productive meeting. I was especially surprised given that your letter arrived on only the second day back to work after the Thanksgiving Holiday, and yet your demands regarding timing suggest that I have been sitting on my hands for days. You should know that the first time I learned about Judge 's selection of Podhurst and Josephsberg, and indeed the first time I ever heard t eir names, was in our meeting with you on Wednesday of last week. Nevertheless, I have now been able to confer with my client, and we have determined that the selection of Podhurst and Josephsberg are acceptable to us, reserving, of course, our previously stated objections to the manner in which you have interpreted the section 2255 portions of the Agreement. We do, however, strongly and emphatically object to your sending a letter to the alleged victims. Without a fair opportunity to review and the ability to make objections to this letter, it is completely unacceptable that you would send it without our consideration. Additionally, given that the US Attorney's office has made clear it cannot vouch for the claims of the victims, it would be incendiary and inappropriate for your Office to send such a letter. Indeed, because it is a certainty that any such letter would immediately be leaked to the press, your actions will only have the effect of injuring Mr. Epstein and promoting spurious civil litigation directed at him. We believe it is entirely unprecedented, and in any event, inappropriate for the Government to be the instigator of such lawsuits. Finally, we disagree with your view that you are required to notify the alleged victims pursuant to the Justice for All Act of 2004. First, 18 USC section 2255, the relevant statute under the Non-Prosecution Agreement for the settlement of civil remedies, does not have any connection to the Justice for All Act. Section 2255 was enacted as part of a different statute. Second, the Justice for All Act refers to restitution, and section 2255 is not a restitution statute. It is a civil remedy. As you know, we had offered to provide a restitution fund for the alleged victims in this matter; however that option was rejected by your Office. Had that option been chosen, we would not object to your notifying the alleged victims at this point. At this juncture, however, we do not accept your contention EFTA00226123 Recipient AndreW Garda, Rolando (USAFLS) Atkinson, Karen (USAFLS) Read Road. 9/19/2007 5:10 PM Road: 9/19/2007 4:36 PM 3 EFTA00226124 Jay Original Message From: Jay Lefkowitz Sent: 09/19/2007 03:35 PM EDT To: Jay Lefkowitz Subject: Draft Plea Agreement (See attached file: 9.19.07 Draft Plea Agreement (Clean).doc) (See attached file: 9.19.07 Draft Plea Agreement (Redlined).doc) 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 postatastertairldand.corn, and destroy this communication and all copies thereof, including all attachments. Tracking: 2 EFTA00226125 Villafana, Ann Marie C. (USAFLS) From: Vilialana, Ann Marie C. (USAFLS) Sent: Wednesday. September 19. 2007 4:33 PM To: 'Lourie, Andrew'; Garcia, Rolando (USAFLS) Cc: Atkinson, Karen (USAFLS) Subject: RE: Draft Plea Agreement Importance: High Andy and Rolando -- This is my proposed response (below). I know that you keep saying he is going to plead, and he will plead if we cave on everything, but I really do not think that Mr. Epstein is going to engage in serious negotiations until he sees the Indictment and shows up in mag court (preferably in flip-flops). In reviewing the indictment package, if you would like to maintain flexibility for the future, we could indict Mr. Epstein just on Count I (the conspiracy charge), and, if he won't plead to 5 years at that time, supersede with the remaining counts and just go to trial. But we gave them an initial deadline of early August with the 24-month sentence. We are now seven weeks later and we are just spinning our wheels. Jay -- The same problems that I e-mailed you about on Sunday and discussed yesterday with you and Rolando and that you discussed with Andy are still in here. Paragraphs 4, 7, 8,9, and 11 have specifically been discussed and rejected. Paragraphs 17 through 19 have been addressed in paragraph 2 and will not be repeated. You have removed our paragraphs 4 (regarding the application of the Sentencing Guidelines) and 18 (appeal waiver) both of which are specifically required by the Office's Appellate Division. You have replaced Mr. Epstein's plea to a registrable offense, to one that does not require registration, and you have again delayed the plea until after Mr. Epstein completes his federal prison sentence. Rolando and I specifically told you that was unacceptable, and Barry Krischer also has informed us that he will not keep his case open for that period. You also have inserted that this is a Rule 11(cX1)(C) plea, which binds the judge, which you know we have specifically rejected. There are other, smaller, changes that the Office probably cannot agree to, but the bigger issues are these. If you or your client insists on these, there can be no plea agreement. A. Marie Villafafia Assistant U.S. Attorney 561 209-1047 Original Message From: lay Lefkowitz [[email protected]) Sent: Wednesday, September 19, 2007 3:44 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Fw: Draft Plea Agreement Confidential For settlement purposes only Marie - I wanted to get this to you before I took off for nyc. I am landing at 7 and would like to speak shortly thereafter. I am still considering which of the options you suggested Sunday. In this email, lam sending you a redline of your federal resolution. I am also working on a deferred prosecution agreement because it may well be that we cannot reach agreement here. I don't think there are that many issues left open, although clearly we still need to have further discussions. I also like your suggestion from Sunday that we consider a C plea. I know that Alex would have to sign off on it and that he has not done so as of now. Regarding my schedule, I am available tonight to speak, all afternoon tomorrow (I ant in fed court in nyc on another criminal matter tomorrow am), and then all day Friday. I will plan on seeing you Monday. I am confident that one of the approaches we have discussed will work out. 1 EFTA00226126 Confidential For settlement purposes only Marie - I wanted to get this to you before I took off for nyc. I am landing at 7 and would like to speak shortly thereafter. I am still considering which of the options you suggested Sunday. In this email, I am sending you a redline of your federal resolution. I am also working on a deferred prosecution agreement because it may well be that we cannot reach agreement here. I don't think there are that many issues left open, although clearly we still need to have further discussions. I also like your suggestion from Sunday that we consider a C plea. I know that Alex would have to sign off on it and that he has not done so as of now. Regarding my schedule, I am available tonight to speak, all afternoon tomorrow (I am in fed court in nyc on another criminal matter tomorrow am), and then all day Friday. I will plan on seeing you Monday. I am confident that one of the approaches we have discussed will work out. Jay Original Message From: Jay Lefkowitz Sent: 09/19/2007 03:35 PM EDT To: Jay Lefkowitz Subject: Draft Plea Agreement (See attached file: 9.19.07 Draft Plea Agreement (Clean).doc) (See attached file: 9.19.07 Draft Plea Agreement (Redlined).doc) **********4#4####t***#4 , 4#4###****************************20# 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 postmasterPkirkland.com, and destroy this communication and all copies thereof, including all attachments. t*.****ii####i*********** 70#4************3444flIci************* Tracking: 3042 EFTA00226127 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C (USAFLS) Sent: Wednesday, September 19, 2007 4:33 PM To: Lourie, Andrew; Garcia, Rolando (USAFLS) Cc: Atkinson, Karen (USAFLS) Subject: RE: Draft Plea Agreement Importance: High Andy and Rolando -- This is my proposed response (below). I know that you keep saying he is going to plead, and he will plead if we cave on everything, but I really do not think that Mr. Epstein is going to engage in serious negotiations until he sees the Indictment and shows up in mag court (preferably in flip- flops). In reviewing the indictment package, if you would like to maintain flexibility for the future, we could indict Mr. Epstein just on Count 1 (the conspiracy charge), and, if he won't plead to 5 years at that time, supersede with the remaining counts and just go to trial. But we gave them an initial deadline of early August with the 24-month sentence. We are now seven weeks later and we are just spinning our wheels. Jay -- The same problems that I e-mailed you about on Sunday and discussed yesterday with you and Rolando and that you discussed with Andy are still in here. Paragraphs 4, 7, 8, 9, and 11 have specifically been discussed and rejected. Paragraphs 17 through 19 have been addressed in paragraph 2 and will not be repeated. You have removed our paragraphs 4 (regarding the application of the Sentencing Guidelines) and 18 (appeal waiver) both of which are specifically required by the Office's Appellate Division. You have replaced Mr. Epstein's plea to a registrable offense, to one that does not require registration, and you have again delayed the plea until after Mr. Epstein completes his federal prison sentence. Rolando and-I specifically told you that was unacceptable, and Barry Krischer also has informed us that he will not keep his case open for that period. You also have inserted that this is a Rule 11(c)(1)(C) plea, which binds the judge, which you know we have specifically rejected. There are other, smaller, changes that the Office probably cannot agree to, but the bigger issues are these. If you or your client insists on these, there can be no plea agreement. A. Marie Villafaha Assistant U.S. Attorney 561 209-1047 Original Message From: Jay Lefkowitz [mailto:[email protected]] Sent: Wednesday, September 19, 2007 3:44 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Fw: Draft Plea Agreement 304: EFTA00226128 Good job. A few thoughts: I would eliminate the first sentence of para 2. Is there another way to deal with the issue in para 3 without this in the plea agreement 7 Do we need para 10? Isn't para 11 sufficient without 10? Is it our place to include para 13 in this agreement? I think it belongs in the state agreement and it looks out of place here. I think you should include Roy or another member of the FL Bar on the plea agreement so we are not slowed down at the last minute by Pro Flac stuff. From: Villafana, Ann Marie C. (USAFLS) (mailto:[email protected]] Sent: Wednesday, September 19, 2007 2:36 PM To: Laurie, Andrew Subject: RE: epstein FYI - The Palm Beach Post reported the whole deal in today's paper and claimed to have a "federal source" and a "spy" in Epstein's camp. .4 Marie rilloranti Assistant L.S. Attornti 56I 209.1047 From: Laurie, Andrew (mailto:[email protected]) Sent: Wednesday, September 19, 2007 2:33 PM To: Villafana, Ann Mahe C. (USAFLS) Subject: RE: epstein Can you send me copy of the last thing you sent them? Thanks. From: Villafana, Ann Marie C. (USAFLS) [mailto:[email protected]] Sent: Wednesday, September 19, 2007 2:31 PM To: Lourie, Andrew; Garda, Rolando (USAFLS) Subject: RE: epstein We arc still waiting for a **redline" of the agreement That they' seemed happy with yesteId4. BarrTind Litirria and Epstein's attorneys are coining to our office on Monday to finalize even thing with the plan of getting him at least arraigned on Monday afternoon. They tried to drag it into Tuesday and I said no. .4. Marie VilWaria Assistant U.S. Attorney 561 209-1047 From: Loupe, Andrew [mailto:[email protected] Sent: Wednesday, September 19, 2007 2:25 PM To: Villafana, Ann Marie C. (USAFLS); Garcia, Rolando (USAFLS) Subject: epstein What is the latest? 3045 EFTA00226129 Villafana, Ann Marie C. (USAFLS) From: Lourie, Andrew ([email protected]] Sent: Wednesday, September 19, 2007 4:21 PM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: epstein twill reach out to Alex to discuss. From: Villafatia, Ann Marie C. (USAFLS) [mailto:[email protected]] Sent: Wednesday, September 19, 2007 4:13 PM To: Villafana, Ann Marie C. (USAFLS); Lourie, Andrew Cc: Garcia, Rolando (USAFLS) Subject: RE: epstein Oh. and ■ took out the appeal waiver. A. Marie lafana Assistant U.S. Attorney 561 209-1047 From: Villafana, Ann Marie C. (USAFLS) Sent: Wednesday, September 19, 2007 4:05 PM To: 'Lourie, Andrew' Cc: Garcia, Rolando (USAFLS) Subject: RE: epstein Importance: High I just got their "red-lined- version. I will forward it to you. Here are the issues that Rolando and I specifically discussed with them arid rejected. that they have re-inserted into the agreement. 1. We aeree to recommend that no PSI be prepared. ev_have converted it into an ABA plea — as though_we wouldn't notice? 3. want us to agree to the incorrect calculation of the guidelines 4. Instead of agreeing that the girls can sue Epstein. they cannot sue him and instead are bound to apply to a trust administered by the State Court (Jay and I have addresSed this at least three times and it keeps appearing in his versions) 5. They changed the stale charge that he has to plead guilty to to a non-registrable offense and he doesn't have to plead to that charge until after he has finished serving his federal sentence. 6. They want us not to oppose a request for a prison camp designation. 7. They have re-added paragraphs 17 through 19, all of which are addressed by paragraph 2. There are other problems too, but these are the highlights. This is NOT good faith negotiations. .4. Marie l'illafiala Assistant U.S. Attorney 561209-1047 From: Lourie, Andrew [mailto:[email protected]) Sent: Wednesday, September 19, 2007 3:50 PM To: Villafana, Ann Marie C. (USAFLS) Cc: Garcia, Rolando (USAFLS) Subject: RE: epstein 3044 EFTA00226130 Hi Jay — 1 was hoping there would be things for me to read this morning, but 1 will try to remain patient. I believe there are only two types of agreements that would apply to this case: (I) a plea agreement to a federal charge or charges; and (2) a non-prosecution agreement (which is really a deferred prosecution agreement because the defendant agrees that if he violates the agreement, the U.S. can prosecute him). A plea agreement is part of the court file. It is not accessible on-line via PACER, but someone can go to the Clerk's Office to obtain a copy. A non-prosecution agreement would not be made public or filed with the Court, but it would remain part of our case file. It probably would be subject to a FOIA request, but it is not something that we would distribute without compulsory process. On the obstruction charges, many of the facts I included in that first proffer were hypothesized based upon our discussions and the agents' observations of Ms. Groff. We will need to interview her to confirm the accuracy of those fac a second count, we could rely on the incident where Mr. Epstein's private investigators followed s father, forcing him off the road. Or, if there is something more recent related to any grand jury subpoenas, we could consider that. Hope that helps. A. Marie Villajafia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Tracking: 3114 EFTA00226131 this with a state plea as well so he serves the additional time there. I need to see your language for proffers on the two charges - (taking Nadia and Sarah out of the jurisdiction to avoid process.) Alternatively. at this stage. we could have just one count for 12 months and then 6 months incarceration under the state, followed by community control and probabtion. I am not sure which is more practicable. Pease let me know when you are free to speak. Thanks -- Jay "Villafana, Ann Marie C. VUSAFL51)" eAnn-Matie.C.VillafanaeuscloLgoe> 09115/2007 09 14 AM To -Jay Lelltoontz"<JLelltcnvitzakirkland corn*. cc SuCteCt RE Draft Agreement*, Hi Jay — I know that the U.S. Attorney %sill not go belos 18 months of prison/jail time (and I would strongly oppose the suggestion). A. Marie rillafatia 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 Lefkowit7 [mallto:[email protected]] Sent: Tuesday, September 18, 2007 8:59 AM To: Villafana, Ann Marie C. (USAFLS) Subject: Re: Draft Agreements? an alternative to what we discussed just now might be to plead to one count of 1512, serve 12 months plus supervised release which would be one year of home detention Of we can make that work). followed by two years of probation in the state on the state charges with the first 6 months being community control. "Villain, Ann Marie C. MUSAFLS1)" <[email protected]> OMB/2007 05 £4 AM To 'Jay Letkowea- <JLelkoweatalurkieno corn, cc SuOject Drat: Agreements/ 3113 EFTA00226132 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Tuesday, September 18, 2007 11:43 AM To: tourie, Andrew.; Garcia, Rolando (USAFLS) Co: Atkinson, Karen (USAFLS) Subject: RE: Draft Agreements? He also removed any promise to plead to a registrable offense and the promise related to the girls' damages claims. A. Marie I'ilafafa 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: Tuesday, September 18, 2007 11:18 AM To: 'Lourle, Andrew'; Garcia, Rolando (USAFLS) Cc: Atkinson, Karen (USAFLS) Subject: FW: Draft Agreements? Importance: High i Andy and Rolando: Please e below so you understand my frustration. This document is diffe a t from what Jay just told An they would agree to. He has it written as 16 months' impriso wed b 8 months federal supervised re ease. He wants us to recommend an improper calculation of the guidelines. an e wants to waive the PSI so he can keep all of his information confidential. I have already told Jay that the PSI language and other language in this agreement was unacceptable to our office. I will send back a plea agreement that reads consistent with what Jay represented to Andy but I don't believe that this will be resolved by Tuesday unless they come down here and we have a group contract writing session with the state attorney's _ ___ office and the decision-makers. _ _ _ -.1.-Marie Villa7ana _" 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 tmallto:)[email protected]] Sent: Tuesday, September 18, 2007 11:09 AM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Draft Agreements? Confidential — For Settlement purposes only. Marie — Please look this over and let's see if we can identify any issues that we need to discuss in greater detail. Since you can't go to only one count of obstruction, but 18 would become about 15 with gain time, I have made a proposal of a total 24 month sentence based on two informations. This would include a period of home detention. We can then follow 3112 EFTA00226133 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Tuesday, September 18, 2007 9:31 AM To: Acosta, Alex (USAFLS); Loud'', Andrew (USAFLS); Garcia, Rolando (USAFLS) Cc: Atkinson, Karen (USAFLS); McMillan, John (USAFLS) Subject: Epstein Negotiations Importance: High Hi all — I think that we may be near the end of our negotiations with Mr. Epstein, and not because we have reached a resolution. As I mentioned yesterday, I spent about 12 hours over the weekend drafting Informations, changing plea agreements, and writing factual proffers. I was supposed to receive a draft agreement from them yesterday, which never arrived. At that time, they were leaning towards pleading only to state charges and doing all of the time in state custody. Late last night I talked to Jay Lefkowitz who asked about Epstein pleading to two twelve-month federal charges with half of his jail time being spent in home confinement pursuant to the guidelines. I told him that I had no objection to that approach but, in the interest of full disclosure, I did not believe that Mr. Epstein would be eligible because he will not be in Zone A or B. This morning Jay called and said that I was correct but, if we could get Mr. Epstein down to 14 months, then he thought he would be eligible. My response: have him plead to two separate Informations. On the first one he gets 12 months' imprisonment and on the second he gets twelve months, with six served in home confinement, to run consecutively. I just received an e-mail asking if Mr. Epstein could just do 12 months imprisonment instead. As you can see, Mr. Epstein is having second thoughts about doing jail time. I would like to send Jay an e-mail stating that if we do not have a signed agreement by tomorrow at 5:00, negotiations will end. I have selected tomorrow at 5:00 because it gives them enough time to really negotiate an agreement if they are serious about it, and, if not, it gives me one day before the Jewish holiday to get witnesses lined up for Tuesday's grand jury appearance, when I plan to present the indictment, and it gives the office sufficient time to review the indictment package. Do you concur? 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 Tracking: EFTA00226134 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Monday, September 17, 2007 11:44 AM To: Acosta, Alex (USAFLS) Subject: RE: Latest update Absolutely. There were a lot of problems with their last attempt. They tried to re-open all the loopholes that I had sewn shut. Tracking: 8 EFTA00226135 Villafana, Ann Marie C. (USAFLS) From: Acosta, Alex (USAFLS) Sent: Monday, September 17. 2007 11:43 AM To: Villafana, Ann Marie C. (USAFLS); Garcia. Rolando (USAFLS): Lourie. Andrew (USAFLS) Cc: Atkinson, Karen (USAFLS); McMillan, John (USAFLS) Subject: Re: Latest update Pls make sure they know its only a draft, and that we still need to approve final. The form and language may need polishing. Sent from my BlackBerry Wireless Handheld Original Message From: Villafana, Ann Marie C. (USAFLS) <[email protected]> To: Garcia, Rolando (USAFLS) <[email protected]>: Acosta, Alex (USAFLS) <[email protected]>; Lourie, Andrew (USAFLS) <[email protected]> CC: Atkinson, Karen (USAFLS) <[email protected]>; McMillan, John (USAFLS) [email protected]> Sent: Mon Sep 17 11:33:14 2007 Subject: Latest update Hi all - Just spoke with Jay Lefkowitz, he reports that, as of now, they are leaning back towards pleading only to state charges with a Non-Prosecution agreement. They are doing some legal research and talking with the state, and Jay thinks that they should have a proposed agreement by late tonight or early tomorrow morning. I am going to send him our last version of the Non-Prosecution Agreement so that he has a template to work from. Jay has my numbers in case I need to go home early and any questions come up. As soon as I know something, I will pass it along. A. Marie Villafaha Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 6 EFTA00226136 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Monday, September 17, 2007 11:33 AM To: Garcia, Rolando (USAFLS); Acosta, Alex (USAFLS); Lourie, Andrew (USAFLS) Cc: Atkinson, Karen (USAFLS); McMillan, John (USAFLS) Subject: Latest update Hi all -- Just spoke with Jay Lefkowitz, he reports that, as of now, they are leaning back towards pleading only to state charges with a Non-Prosecution agreement. They arc doing some legal research and talking with the state, and Jay thinks that they should have a proposed agreement by late tonight or early tomorrow morning. I am going to send him our last version of the Non-Prosecution Agreement so that he has a template to work from. Jay has my numbers in case I need to go home early and any questions come up. As soon as I know something, I will pass it along. 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 Tracking: 10 EFTA00226137 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Tuesday, September 18, 2007 9:31 AM To: Acosta, Alex (USAFLS); Lourie, Andrew (USAFLS); Garcia. Rolando (USAFLS) Cc: Atkinson, Karen (USAFLS); McMillan, John (USAFLS) Subject: Epstein Negotiations Importance: High Hi all — I think that we may be near the end of our negotiations with Mr. Epstein, and not because we have reached a resolution. As I mentioned yesterday, I spent about 12 hours over the weekend drafting Informations, changing plea agreements, and writing factual proffers. I was supposed to receive a draft agreement from them yesterday, which never arrived. At that time, they were leaning towards pleading only to state charges and doing all of the time in state custody. Late last night I talked to Jay Lefkowitz who asked about Epstein pleading to two twelve-month federal charges with half of his jail time being spent in home confinement pursuant to the guidelines. I told him that I had no objection to that approach but, in the interest of full disclosure, I did not believe that Mr. Epstein would be eligible because he will not be in Zone A or B. This morning Jay called and said that I was correct but, if we could get Mr. Epstein down to 14 months, then he thought he would be eligible. Mi response: have him plead to two separate Informations. On the first one he gets 12 months' imprisonment and on the second he gets twelve months, with six served in home confinement, to run consecutively. I just received an e-mail asking if Mr. Epstein could just do 12 months imprisonment instead. As you can see, Mr. Epstein is having second thoughts about doing jail time. I would like to send Jay an e-mail stating that if we do not have a signed agreement by tomorrow at 5:00, negotiations will end. I have selected tomorrow at 5:00 because it gives them enough time to really negotiate an agreement if they are serious about it, and, if not, it ives me one day before the Jewish holiday to get witnesses lined up for Tuesday's grand jury appearance, hen I plati_to_present the indictment, and it gives the office sufficient time to review the __ indictment package. Do you concur? 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 Tracking: 3123 EFTA00226138 From: Garda, Rolando (USAFLS) Sent: Monday, September 17, 2007 10:26 AM To: Villafana, Ann Mane C. (USAFLS) Subject: Epstein Marie, Where are we at in the plea negotiations? Tracking: 3142 EFTA00226139 prosecution agreement, the ones I have sent you recently are plea agreements that get filed with the court. Please see if the appeal waiver language in those versions is alright. Re your paragraph 7: As I mentioned, we will not waive the presentence investigation I know that this will delay Mr. Epstein's sentencing by 70 days, but that will allow him to get all of his affairs in order. As to bail, it will be set at the time of arraignment. and we can work out a joint recommendation regarding the amount and its limitations. I have no objection to making a joint recommendation that Mr. Epstein remain out on bond pending his sentencing, but I'm not sure that it belongs in a plea agreement, especially since I can't bind the court on that issue. However, I can assure you, and we can put it on the record during the plea colloquy, that I will join in your recommendation that he remain out on bond pending sentencing. The same goes for the prison camp issue. As I mentioned, I have opposed a designation only once in a very particular case. I can assure you. and we can put it on the record at the plea colloquy that I will not oppose your recommendation for Mr. Epstein's designation. Re your paragraph 8: As I mentioned over the telephone. I cannot bind the girls to the Trust Agreement. and I don't think it is appropriate that a state court would administer a trust that seeks to pay for federal civil claims. We both want to avoid unscrupulous attorneys and/or litigants from coming forward, and I know that your client wants to keep these matters outside of public court filings, but I just don't have the power to do what you ask. Here is my recommendation. During the period between Mr. Epstein's plea and sentencing. I make a motion for appointment of the Guardian Ad Litem. The three of us sit down and discuss things, and I will facilitate as much as I can getting the girls' approval of this procedure because. as I mentioned. I think it is probably in their best interests. In terms of plea agreement language, let me suggest the following: The United States agrees to make a motion seeking the appointment of a Guardian ad Litem to represent the identified victims. Following the appointment of such Guardian, the parties agree to work together in good faith to develop a Trust Agreement, subject to the Court's approval, that would provide for any damages owed to the identified victims pursuant to 18 U.S.C. Section 2255. Then include the last two sentences of your paragraph 8. Re the two paragraphs following your paragraph 8: I will include our standard language regarding resolving all criminal liability and I will mention "co-conspirators." but I would prefer not to highlight for the judge all of the other crimes and all of the other persons that we could charge. Also. we do not have the power to bind Immigration and we make it a policy not to try to. however. I can tell you that. as far as I know, there is no plan to try to proceed on any immigration charges against either Ms. Ross or Ms. Marcinkova. Also, on the grand jury subpoenas. I can prepare letters withdrawing them as of the signing of the plea agreement, but I would prefer to take out that language. In my eyes, once we have a plea agreement, the grand jury's investigation has ended and there can be no more use of the grand jury's subpoena power. I had hoped that we were far closer to resolving this than it appears that we are. Can I suggest that tomorrow we either meet live or via teleconference. either with your client or having him within a quick phone call, to hash out these items? I was hoping to work only a half day tomorrow to save my voice for Tuesday's hearing and grand jury. if necessary, but maybe we can set a time to meet. If you want to meet "off campus" somewhere. that is fine. I will make sure that I have all the necessary decision makers present or "on call," as well. If we can resolve some of these issues today, lets try to. and then save only the difficult issues for tomorrow. Sorry for the long e-mail. and for ruining your date with your daughter. A. Marie Villafaha Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach. FL 33401 Phone 561 209-1047 Fax 561 820-8777 3141 EFTA00226140 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Mahe C. (USAFLS) Sent: Monday, September 17. 2007 10:35 AM To: Garcia. Rolando (USAFLS): Laurie. Andrew (USAFLS) Subject: RE: Epstein i Iii Rolando — Here is the last e-mail that I sent to Jay last night. Ja talked with his client about it and reports that they arc leaning towards options 1 or 4. They are going to try make that decision today (there seems to be some dissension in the ranks because Jack Goldberger gave some incorrect information), and draft a proposed either Non-Prosecution Agreement or Plea Agreement. As you can see from my list below. there are a number of things in their last draft that were unacceptable. All of the loopholes that I sewed up they tried to open. So. Jay is supposed to be consulting with Roy Black regarding the correct state information and then will give me a call. I agreed to ask the Judge to take the hearing off calendar tomorrow and to postpone the grand jury appearances that were scheduled from tomorrow. but I told him in no uncertain terms that I am indicting on the 2.5th so this needs to be resolved early this week. Andy and I talked about all of this as well. Long answer to a short question. sorry. Hi Jay — This can wait until after the show, but my voice is going so I thought I would type it up. I talked to Andy and he still doesn't like the factual basis. In his opinion, the plea should only address the crimes that we were addressing, and we were not investigating Mr. Epstein abusing his girlfriend. So, these are the only options that he recommended: 1. We go back to the original agreement where Mr. Epstein pleads only to state charges and serves his time in the state, except that we can agree to only 18 months imprisonment. 2. Mr. Epstein pleads guilty to the state charges and also pleads to either two obstruction counts or to one count of violating 47 USC 223(a)(1)(8). with a joint non-binding recommendation of 18 months, so that Mr. Epstein can serve his time federally. 3. (My suggestion only, not Andy's): I go back to the U.S. Attorney and ask him to agree to an ABA- plea to a 371 count (conspiracy toviolate 2422(b)) with a binding 20-month recommendation so that Mr. Epstein can serve all of his time in a federal fadlity. Or 4. Mr. Epstein pleads to one obstruction count, and serves part of his time federally and part state. On your other proposed changes, some are fine and some are problematic. Re your paragraph 2: As to timing, it is my understanding that Mr. Epstein needs to be sentenced in the state after he is sentenced in the federal case, but not that he needs to plead guilty and be sentenced after serving his federal time. Andy recommended that some of the timing issues be addressed only in the state agreement, so that it isn't obvious to the judge that we are trying to create federal jurisdiction for prison purposes. My understanding is that Mr. Epstein should sign a state plea agreement. plead guilty to the federal offenses, plead guilty to the state offenses, be sentenced on the federal offenses, and then be sentenced on the state offenses, and then start serving the federal sentence. Re your paragraph 3: As to the reservation of Mr. Epstein's right to withdraw his state plea or to appeal his state plea or sentence, that is fine, but we need the caveat that, if he were to do so, the United States could proceed on our charges. Re your paragraph 6: With respect to the waiver of the right to appeal the federal sentence, given the way we have drafted the information, it is possible that getting to the 18 month sentence will require an upward departure The version of the agreement that you were working from is a federal non- 3140 EFTA00226141 Villafana, Ann Marie C. (USAFLS) From: Sloman, Jeff (USAFLS) Sent: Friday, September 14, 2007 1:04 PM To: Villafana, Ann Marie C. (USAFLS); Acosta, Alex (USAFLS); Garcia, Rolando (USAFLS); Lourie, Andrew (USAFLS) Cc: Atkinson, Karen (USAFLS); Ball, Shawn (USAFLS) Subject: RE: Epstein Documents Andy has agreed to help finalize this. I will be out of town beginning tomorrow. From: Villafana, Ann Marie C. (USAFLS) Sent: Friday, September 14, 2007 9:52 AM To: Sloman, Jeff (USAFLS); Acosta, Alex (USAFLS); Garcia, Rolando (USAFLS); Laurie, Andrew (USAFLS) Cc: Atkinson, Karen (USAFLS); Ball, Shawn (USAFLS) Subject: Epstein Documents Here are the proposed plea agreement and information. If any changes need to be made, please contact Shawn via e-mail or at 561 209-1037. I will be out the rest of the day, but you can get me at 561 601-2301, and I will be able to access e-mail over the weekend. Thank you! << File: Information charging 1512 and 113.wpd >> << File: OLY Plea Agreement v4 1512 and 113 violations.wpd >> A. Marie Villafatia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 11 EFTA00226142 Villafana, Ann Marie C. (USAFLS) From: Lourie, Andrew (USAFLS) Sent: Friday, September 14.2007 11:09 AM To: Villafana, Ann Marie C. (USAFLS) Subject: Re: Epstein update The assault sounds like a stretch and factually sort of silly Sent from my BlackBerry Wireless Handheld Original Message From: Villafana, Ann Marie C. (USAFLS) <[email protected]> To: Sloman, Jeff (USAFLS) <[email protected]>; Acosta, Alex (USAFLS) <[email protected]>; Lourie, Andrew (USAFLS) <[email protected]>; Garcia, Rolando (USAFLS) <[email protected]> CC: Atkinson, Karen (USAFLS) <[email protected]>; McMillan, John (USAFLS) <[email protected]>; Ball, Shawn (USAFLS) <[email protected]> Sent: Fri Sep 14 09:25:05 2007 Subject: Epstein update Hi all - Jay and I talked through the main issue, which was the charges that Epstein would plead guilty to. He put in a pitch for only 12 months, I put in a pitch that he plead to 24 with a 20-month recommendation, and we decided that we would be stuck with the 18 months. So he will plead to one count of obstructing a witness from reporting a crime based upon Sarah Kellen's call to one of the girls subtly pressuring her not to participate in the investigation and one count of simple assault on an airplane based upon an incident where Epstein "put great pressure" [Jay's words) on Kellen to call the girls to set up appointments. I will revise the plea agreement accordingly and draft an information for your review. I will be out the rest of the day, but I will be accessible over the weekend. I will give all of the electronic files to Karen and Shawn in case you need to make changes. Jay thinks we will have a signed agreement by Monday and I am hoping that we can convince Judge Marra to use the time on Tuesday that he set aside for the hearing to take the plea instead. Documents to follow soon. 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 12 EFTA00226143 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Friday, September 14, 2007 9:52 AM To: Sloman, Jeff (USAFLS); Acosta, Alex (USAFLS); Garcia, Rolando (USAFLS); Lourie, Andrew (USAFLS) Cc: Atkinson, Karen (USAFLS); Ball, Shawn (USAFLS) Subject: Epstein Documents Here are the proposed plea agreement and information. If any changes need to be made, please contact Shawn via e-mail or at 561 209-1037. 1 will be out the rest of the day, but you can get me at 561 601-2301, and I will be able to access e-mail over the weekend. Thank you! Information arging 1512 and MX Plea ement v4 1512 a 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 23 EFTA00226144 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Friday, September 14, 2007 9:25 AM To: Sloman, Jeff (USAFLS); Acosta, Alex (USAFLS); Lourie, Andrew (USAFLS); Garcia, Rolando (USAFLS) Cc: Atkinson, Karen (USAFLS); McMillan, John (USAFLS); Ball, Shawn (USAFLS) Subject: Epstein update Hi all - Jay and I talked through the main issue, which was the charges that Epstein would plead guilty to. He put in a pitch for only 12 months, I put in a pitch that he plead to 24 with a 20-month recommendation, and we decided that we would be stuck with the 18 months. So he will plead to one count of obstructing a witness from reporting a crime based upon call to one of the girls subtly pressuring her not to participate in the investigation and one count of simple assault on an airplane based upon an incident where Epstein "put great pressure" [Jay's words] on Kellen to call the girls to set up appointments. I will revise the plea agreement accordingly and draft an information for your review. 1 will be out the rest of the day, but I will be accessible over the weekend. I will give all of the electronic files to Karen and Shawn in case you need to make changes. Jay thinks we will have a signed agreement by Monday and I am hoping that we can convince Judge Marra to use the time on Tuesday that he set aside for the hearing to take the plea instead. Documents to follow soon. 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 Tracking: 24 EFTA00226145 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Thursday. September 13, 2007 8:12 PM To: Atkinson. Karen (USAFLS); Ball, Shawn (USAFLS) Cc: McMillan, John (USAFLS) Subject: Epstein Indictment Package In case Karen has any changes to the indictment package and wants to send it on to Rolando, here are the indictment and pros memo. Shawn has the forms. 070913 revised Pros Memo 2nd Addendum indictment.wpd 1-07 REVISED.wp Pros Memo.wpt 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 Tracking: 26 EFTA00226146 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Thursday, September 13, 2007 7:29 PM To: Garcia, Rolando (USAFLS); Sloman, Jeff (USAFLS) Subject: Telephone Conference with Jay Lefkowitz tomorrow morning Hi all — 1 just received an e-mail from Jay Lefkowitz wanting to do a call tomorrow morning. Andy will be on the road, but will be on the conference call. Does anyone else want to join in? A. Marie :finale& Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Tracking: 31 EFTA00226147 I then paged through Title 18, and came up with two possibilities. 18 U.S.C. § 403 is a misdemeanor with a one year statutory maximum for violation of the privacy rights of a child victim. We would have to show an intentional disclosure of documents or information concerning a child victim to someone other than a participant in the legal proceedings. When the state prosecution first hit the press, Epstein's attorneys (especially Roy Black) made statements about the "credibility" of some of the child victims, with specific identifying information, and I would base two charges on information disclosed about two of the victims. 18 U.S.C. § 1512(d) is also a misdemeanor with a one year statutory maximum. We would have to show that Epstein (or someone on his behalf) intentionally harassed another person to hinder, delay, prevent, or dissuade the person from reporting to a law enforcement officer the commission or possible commission of a federal offense, or to dissuade the person from causing a criminal prosecution to be sought or instituted. Three girls have mentioned exertions of pressure to keep them from reporting the offenses or talking to law enforcement. My guess is that he will object to these charges because he would have to plead to two counts, which would expose him to the potential of a 24-month sentence. If he does so, I recommend that we reconsider the Rule 11 plea rather than try to create violations out of whole cloth. I also determined that a defendant who receives a prison sentence on a misdemeanor offense is also eligible for one year of supervised release. Another option is a plea to 47 U.S.C. § 223(a)(1)(0), which prohibits someone "in interstate or foreign communications, by means of a telecommunications device knowingly -- . . . (ii) initiates the transmission of any . . . . request, suggestion, proposal, . . . or other communication which is obscene . . . knowing that the recipient of the communication is under 18 years of age, regardless of whether the maker of such communication placed the call or initiated the communication." This is a felony offense, with a two-year statutory maximum. To move things along, I have put together an information package assuming a plea to two counts of violating section 403. I will leave that info with Karen as well, in case you want to make any changes tomorrow. Thank you. A. Marie Villafaha Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 18 EFTA00226148 Villafana, Ann Marie C. (USAFLS) From: Lourie, Andrew (USAFLS) Sent: Thursday, September 13, 2007 7:28 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Re: Epstein plea U can give him my cell. If he calls me early I will be in car Sent from my BlackBerry Wireless Handheld Original Message From: Villafana, Ann Marie C. (USAFLS) <[email protected]> To: Lourie, Andrew (USAFLS) <[email protected]> Sent: Thu Sep 13 19:23:59 2007 Subject: RE: Epstein plea Hi Andy -- It would still have to be a conspiracy to commit an assault on a plane. I just want to make sure that we have something that is factually accurate. Just trying to plan ahead. I just got an e-mail from Jay Lefkowitz asking if I am free to talk tomorrow at 9:00. Will you be in then? I have to report to the hospital at 10:15. 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: Lourie, Andrew (USAFLS) Sent: Thursday, September 13, 2007 7:20 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Re: Epstein plea He is going to give us an assault on the plane or we can do conspiracy Sent from my BlackBerry Wireless Handheld Original Message From: Villafana, Ann Marie C. (USAFLS) <[email protected]> To: Acosta, Alex (USAFLS) <[email protected]>; Sloman, Jeff (USAFLS) <[email protected]>; Garcia, Rolando (USAFLS) <[email protected]> CC: Atkinson, Karen (USAFLS) <[email protected]>; Lourie, Andrew (USAFLS) <[email protected]> Sent: Thu Sep 13 18:58:18 2007 Subject: Epstein plea Hi all - I have not heard back from any of Mr. Epstein's attorneys today about the plea, but I know that they are out for the holiday. I will be out tomorrow, so today I finished the indictment package if we decide to go forward. It currently is with Karen Atkinson. 17 EFTA00226149 Sent from my BlackBerry Wireless Handheld Original Message From: Villafana, Ann Marie C. (USAFLS) <[email protected]> To: Acosta, Alex (USAFLS) <[email protected]>; Sloman, Jeff (USAFLS) <[email protected]>; Garcia, Rolando (USAFLS) <[email protected]> CC: Atkinson, Karen (USAFLS) <[email protected]>; Lourie, Andrew (USAFLS) <[email protected]> Sent: Thu Sep 13 18:58:18 2007 Subject: Epstein plea Hi all - I have not heard back from any of Mr. Epstein's attorneys today about the plea, but I know that they are out for the holiday. I will be out tomorrow, so today I finished the indictment package if we decide to go forward. It currently is with Karen Atkinson. I then paged through Title 18, and came up with two possibilities. 18 U.S.C. § 403 is a misdemeanor with a one year statutory maximum for violation of the privacy rights of a child victim. We would have to show an intentional disclosure of documents or information concerning a child victim to someone other than a participant in the legal proceedings. When the state prosecution first hit the press, Epstein's attorneys (especially Roy Black) made statements about the "credibility" of some of the child victims, with specific identifying information, and I would base two charges on information disclosed about two of the victims. 18 U.S.C. § 1512(d) is also a misdemeanor with a one year statutory maximum. We would have to show that Epstein (or someone on his behalf) intentionally harassed another person to hinder, delay, prevent, or dissuade the person from reporting to a law enforcement officer the commission or possible commission of a federal offense, or to dissuade the person from causing a criminal prosecution to be sought or instituted. Three girls have mentioned exertions of pressure to keep them from reporting the offenses or talking to law enforcement. My guess is that he will object to these charges because he would have to plead to two counts, which would expose him to the potential of a 24-month sentence. If he does so, I recommend that we reconsider the Rule 11 plea rather than try to create violations out of whole cloth. I also determined that a defendant who receives a prison sentence on a misdemeanor offense is also eligible for one year of supervised release. Another option is a plea to 47 U.S.C. § 223(a)(1)(0), which prohibits someone "in interstate or foreign communications, by means of a telecommunications device knowingly -- . . (ii) initiates the transmission of any . . . . request, suggestion, proposal, . . . or other communication which is obscene . . . knowing that the recipient of the communication is under 18 years of age, regardless of whether the maker of such communication placed the call or initiated the communication." This is a felony offense, with a two-year statutory maximum. To move things along, I have put together an information package assuming a plea to two counts of violating section 403. I will leave that info with Karen as well, in case you want to make any changes tomorrow. Thank you. A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 34 EFTA00226150 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Thursday, September 13, 2007 7:27 PM To: Lourie, Andrew (USAFLS) Subject: RE: Epstein plea Alright. I will get Rolando and/or Jeff on with me. 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: Lourie, Andrew (USAFLS) Sent: Thursday, September 13, 2007 7:27 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Re: Epstein plea I have a 930 hearing in miami. Sent from my BlackBerry Wireless Handheld Original Message From: Villafana, Ann Marie C. (USAFLS) <[email protected]> To: Lourie, Andrew (USAFLS) <[email protected]> Sent: Thu Sep 13 19:23:59 2007 Subject: RE: Epstein plea Hi Andy -- It would still have to be a conspiracy to commit an assault on a plane. I just want to make sure that we have something that is factually accurate. Just trying to plan ahead. I just got an e-mail from lay Lefkowitz asking if I am free to talk tomorrow at 9:00. Will you be in then? I have to report to the hospital at 10:15. A. Marie Villafaha 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: Lourie, Andrew (USAFLS) Sent: Thursday, September 13, 2007 7:20 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Re: Epstein plea He is going to give us an assault on the plane or we can do conspiracy 33 EFTA00226151 hinder, delay, prevent, or dissuade the person from reporting to a law enforcement officer the commission or possible commission of a federal offense, or to dissuade the person from causing a criminal prosecution to be sought or instituted. Three girls have mentioned exertions of pressure to keep them from reporting the offenses or talking to law enforcement. My guess is that he will object to these charges because he would have to plead to two counts, which would expose him to the potential of a 24-month sentence. If he does so, I recommend that we reconsider the Rule 11 plea rather than try to create violations out of whole cloth. I also determined that a defendant who receives a prison sentence on a misdemeanor offense is also eligible for one year of supervised release. Another option is a plea to 47 U.S.C. § 223(a)(1)(8), which prohibits someone "in interstate or foreign communications, by means of a telecommunications device knowingly -- . . . (ii) initiates the transmission of any . . . . request, suggestion, proposal, . . . or other communication which is obscene . . . knowing that the recipient of the communication is under 18 years of age, regardless of whether the maker of such communication placed the call or initiated the communication." This is a felony offense, with a two-year statutory maximum. To move things along, I have put together an information package assuming a plea to two counts of violating section 403. I will leave that info with Karen as well, in case you want to make any changes tomorrow. Thank you. A. Marie Villafaha Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Tracking: 39 EFTA00226152 Villafana, Ann Marie C. (USAFLS) From: Sent: To: Subject: Villafana, Ann Marie C. (USAFLS) Thursday, September 13, 2007 7:24 PM Lourie, Andrew (USAFLS) RE: Epstein plea Hi Andy -- It would still have to be a conspiracy to commit an assault on a plane. I just want to make sure that we have something that is factually accurate. Just trying to plan ahead. I just got an e-mail from Jay Lefkowitz asking if I am free to talk tomorrow at 9:00. Will you be in then? I have to report to the hospital at 10:15. 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: Lourie, Andrew (USAFLS) Sent: Thursday, September 13, 2007 7:20 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Re: Epstein plea He is going to give us an assault on the plane or we can do conspiracy Sent from my BlackBerry Wireless Handheld Original Message From: Villafana, Ann Marie C. (USAFLS) <[email protected]> To: Acosta, Alex (USAFLS) <[email protected]>; Sloman, Jeff (USAFLS) <[email protected]>; Garcia, Rolando (USAFLS) <[email protected]> CC: Atkinson, Karen (USAFLS) <[email protected]>; Lourie, Andrew (USAFLS) <[email protected]> Sent: Thu Sep 13 18:58:18 2007 Subject: Epstein plea Hi all - I have not heard back from any of Mr. Epstein's attorneys today about the plea, but I know that they are out for the holiday. I will be out tomorrow, so today I finished the indictment package if we decide to go forward. It currently is with Karen Atkinson. I then paged through Title 18, and came up with two possibilities. 18 U.S.C. § 403 is a misdemeanor with a one year statutory maximum for violation of the privacy rights of a child victim. We would have to show an intentional disclosure of documents or information concerning a child victim to someone other than a participant in the legal proceedings. When the state prosecution first hit the press, Epstein's attorneys (especially Roy Black) made statements about the "credibility" of some of the child victims, with specific identifying information, and I would base two charges on information disclosed about two of the victims. 18 U.S.C. § 1512(d) is also a misdemeanor with a one year statutory maximum. We would have to show that Epstein (or someone on his behalf) intentionally harassed another person to 38 EFTA00226153 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Thursday, September 13, 2007 7:10 PM To: Atkinson, Karen (USAFLS); Ball, Shawn (USAFLS) Cc: McMillan, John (USAFLS) Subject: Epstein Information Package Hi all - Here is the Information and Plea Agreement for the Information Package. Shawn has all of the other forms on her computer. Thank you! Information OLY Plea :barging 403.wpement v3 misden A. Marie Villafasia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 %Vest Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Tracking: 91 EFTA00226154 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Thursday, September 13, 2007 6:58 PM To: Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS); Garcia, Rolando (USAFLS) Cc: Atkinson, Karen (USAFLS); Laurie, Andrew (USAFLS) Subject: Epstein plea Hi all - I have not heard back from any of Mr. Epstein's attorneys today about the plea, but I know that they are out for the holiday. I will be out tomorrow, so today I finished the indictment package if we decide to go forward. It currently is with Karen Atkinson. I then paged through Title 18, and came up with two possibilities. 18 U.S.C. § 403 is a misdemeanor with a one year statutory maximum for violation of the privacy rights of a child victim. We would have to show an intentional disclosure of documents or information concerning a child victim to someone other than a participant in the legal proceedings. When the state prosecution first hit the press, Epstein's attorneys (especially Roy Black) made statements about the "credibility" of some of the child victims, with specific identifying information, and I would base two charges on information disclosed about two of the victims. 18 U.S.C. § I512(d) is also a misdemeanor with a one year statutory maximum. We would have to show that Epstein (or someone on his behalf) intentionally harassed another person to hinder, delay, prevent, or dissuade the person from reporting to a law enforcement officer the commission or possible commission of a federal offense, or to dissuade the person from causing a criminal prosecution to be sought or instituted. Three girls have mentioned exertions of pressure to keep them from reporting the offenses or talking to law enforcement. My guess is that he will object to these charges because he would have to plead to two counts, which would expose him to the potential of a 24-month sentence. If he does so, I recommend that we reconsider the Rule 11 plea rather than try to create violations out of whole cloth. I also determined that a defendant who receives a prison sentence on a misdemeanor offense is also eligible for one year of supervised release. Another option is a plea to 47 U.S.C. § 223(a)(1)(B), which prohibits someone "in interstate or foreign communications, by means of a telecommunications device knowingly -- (ii) initiates the transmission of any . . . . request, suggestion, proposal, . . . or other communication which is obscene . . . knowing that the recipient of the communication is under 18 years of age, regardless of whether the maker of such communication placed the call or initiated the communication." This is a felony offense, with a two-year statutory maximum. To move things along, I have put together an information package assuming a plea to two counts of violating section 403. I will leave that info with Karen as well, in case you want to make any changes tomorrow. Thank you. A. Marie Villajatia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 43 EFTA00226155 Original Message From: Villafana, Ann Marie C. (USAFLS) <[email protected]> To: Gerald Lefcourt <GBL0lefcourtlaw.com> CC: Acosta, Alex (USAFLS) ‹[email protected]>; Sloman, Jeff (USAFLS) <[email protected]>; Lourie, Andrew (USAFLS) <[email protected]> Sent: Tue Sep 11 14:15:25 2007 Subject: Revised Agreement re Epstein Dear Gerry: I have attached a revised version, as per Mr. Acosta's request. The operative terms have not changed. If you have any questions, please do not hesitate to call. Also, please confirm your receipt of this e-mail. Thank you. «070911 Epstein Non-Prosecution Agreement.pdf» A. Marie Villafaha Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Tracking: so EFTA00226156 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Tuesday, September 11, 2007 5:01 PM To: Lourie, Andrew (USAFLS) Subject: RE: Revised Agreement re Epstein Hi Andy -- I will try to get back as soon as possible. I just don't know how long I will be at the hospital. Is it just us three or is Gerry Lefcourt also attending? What should 1 be prepared to discuss? 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: Lourie, Andrew (USAFLS) Sent: Tuesday, September 11, 2007 4:54 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Re: Revised Agreement re Epstein Good. Barry leaves early for Jewish holidays any chance u can make 130 Sent from my BlackBerry Wireless Handheld Original Message From: Villafana, Ann Marie C. (USAFLS) <[email protected]> To: Lourie, Andrew (USAFLS) <[email protected]> Sent: Tue Sep 11 16:52:10 2007 Subject: RE: Revised Agreement re Epstein Plead to the three specified charges, a 30 month sentence, split 20 in jail and 10 in "community control," and agree that the girls are victims for purposes of damages. We also put in deadlines for a plea and sentencing date. 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: Lourie, Andrew (USAFLS) Sent: Tuesday, September 11, 2007 2:17 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Re: Revised Agreement re Epstein What is our latest offer? Sent from my BlackBerry Wireless Handheld 49 EFTA00226157 Villafana, Ann Marie C. (USAFLS) From: Lourie, Andrew (USAFLS) Sent: Tuesday, September 11, 2007 4:54 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Re: Revised Agreement re Epstein Good. Barry leaves early for Jewish holidays any chance u can make 130 Sent from my BlackBerry Wireless Handheld Original Message From: Villafana, Ann Marie C. (USAFLS) <[email protected]> To: Lourie, Andrew (USAFLS) <ALourielusa.doj.gov> Sent: Tue Sep 11 16:52:10 2007 Subject: RE: Revised Agreement re Epstein Plead to the three specified charges, a 30 month sentence, split 20 in jail and 10 in "community control," and agree that the girls are victims for purposes of damages. We also put in deadlines for a plea and sentencing date. 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: Lourie, Andrew (USAFLS) Sent: Tuesday, September 11, 2007 2:17 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Re: Revised Agreement re Epstein What is our latest offer? Sent from my BlackBerry Wireless Handheld Original Message From: Villafana, Ann Marie C. (USAFLS) <[email protected]> To: Gerald Lefcourt <[email protected]> CC: Acosta, Alex (USAFLS) <[email protected]>; Sloman, Jeff (USAFLS) <JSlomangiusa.doj.gov›; Lourie, Andrew (USAFLS) <ALourieflusa.doj.gov> Sent: Tue Sep 11 14:15:25 2007 Subject: Revised Agreement re Epstein Dear Gerry: I have attached a revised version, as per Mr. Acosta's request. The operative terms have not changed. If you have any questions, please do not hesitate to call. Also, please confirm your receipt of this e-mail. Thank you. «070911 Epstein Non-Prosecution Agreement.pdf» 21 EFTA00226158 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Tuesday, September 11, 2007 4:52 PM To: Lourie, Andrew (USAFLS) Subject: RE: Revised Agreement re Epstein Plead to the three specified charges, a 30 month sentence, split 20 in jail and 10 in "community control," and agree that the girls are victims for purposes of damages. We also put in deadlines for a plea and sentencing date. 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 Original Message From: Lourie, Andrew (USAFLS) Sent: Tuesday, September 11, 2007 2:17 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Re: Revised Agreement re Epstein What is our latest offer? Sent from my BlackBerry Wireless Handheld Original Message From: Villafana, Ann Marie C. (USAFLS) <AVillafanalusa.doj.gov> To: Gerald Lefcourt <GB4lefcourtlaw.com> CC: Acosta, Alex (USAFLS) <AAcostalusa.doj.gov>; Sloman, Jeff (USAFLS) <[email protected]>; Lourie, Andrew (USAFLS) <[email protected]> Sent: Tue Sep 11 14:15:25 2007 Subject: Revised Agreement re Epstein Dear Gerry: I have attached a revised version, as per Mr. Acosta's request. The operative terms have not changed. If you have any questions, please do not hesitate to call. Also, please confirm your receipt of this e-mail. Thank you. «070911 Epstein Non-Prosecution Agreement.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 Tracking: 52 EFTA00226159 « File: OLY Non-Prosecution Agreement v3.wpd » 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 27 EFTA00226160 any one of these conditions allows the United States to elect to terminate the agreement and to investigate and prosecute Epstein for any and all federal offenses. By signing this agreement, Epstein asserts and certifies that he is aware of the fact that the Sixth Amendment to the Constitution of the United States provides that in all criminal prosecutions the accused shall enjoy the right to a speedy and public trial. Epstein further is aware that Rule 48(b) of the Federal Rules of Criminal Procedure provides that the Court may dismiss an indictment, information, or complaint for unnecessary delay in presenting a charge to the Grand Jury, filing an information, or in bringing a defendant to trial. Epstein hereby requests that the United States Attorney for the Southern District of Florida defer such prosecution. Epstein agrees and consents that any delay from the date of this Agreement to the date of initiation of prosecution, as provided for in the terms expressed herein, shall be deemed to be a necessary delay at his own request, and he hereby waives any defense to such prosecution on the ground that such delay operated to deny him rights under Rule 48(b) of the Federal Rules of Criminal Procedure and the Sixth Amendment to the Constitution of the United States to a speedy trial or to bar the prosecution by reason of the running of the statute of limitations for a period of months equal to the period between the signing of this agreement and the breach of this agreement. Epstein further asserts and certifies that he understands that the Fifth Amendment and Rule 7(a) of the Federal Rules of Criminal Procedure provide that all felonies must be charged in an indictment presented to a grand jury. Epstein hereby agrees and consents that, if a prosecution against him is instituted, it may be by way of an Information signed and filed by the United States Attorney, and hereby waives his right to be indicted by a grand jury. By signing this agreement, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he understands the conditions of this Non- Prosecution Agreement and agrees to comply with them. From: Villafana, Ann Marie C. (USAFLS) Sent: Monday, September 10, 2007 5:03 PM To: Sloman, Jeff (USAFLS); Acosta, Alex (USAFLS) Cc: McMillan, John (USAFLS); Garcia, Rolando (USAFLS); Atkinson, Karen (USAFLS); Lourie, Andrew (USAFLS) Subject: Non-Prosecution Agreement Here is my proposed Non-Prosecution Agreement. Since Gerry Lefcourt is the attorney who contacted Andy Lourie with the counter-offer, I have used his name as attorney for Mr. Epstein. If another attorney will be in that role, I can change the signature block. Please let me know if you have any questions or changes. 26 EFTA00226161 (hereinafter, the "State Attorney's Office") charging violations of the following Florida Statutes: (a) lewd and lascivious battery on a child, in violation of Fl. Stat. 800.04(4); (b) solicitation of minors to engage in prostitution, in violation of Fl. Stat. 796.03; and (c) engaging in sexual activity with minors at least sixteen years of age, in violation of Fl. Stat. 794.05. 2. Epstein and the State Attorney's Office shall make a joint, binding recommendation that the Court impose a thirty (30) month sentence to be divided as follows: (a) Epstein shall begin by serving at least twenty (20) months in prison, without any opportunity for withholding adjudication or sentencing, and without probation or community control in lieu of imprisonment; and (b) following the term of imprisonment, Epstein shall serve ten (10) months of community control. 3. Epstein shall waive all challenges to the Information filed by the State Attorney's Office and shall waive the right to appeal his conviction and sentence. 4. Epstein shall provide to the U.S. Attorney's Office copies of all proposed agreements with the State Attorney's Office prior to entering into those agreements. 5. Epstein agrees that, if any of the victims identified in the federal investigation file suit pursuant to 18 U.S.C. § 2255, Epstein will not contest the jurisdiction of the U.S. District Court for the Southern District of Florida over his person and/or the subject matter, and Epstein will not contest that the identified victims are persons who, while minors, were victims of violations of Title 18, United States Code, Sections(s) 2422 and/or 2423. 6. The United States shall provide Epstein's attorneys with a list of the identified