JANE DOE #1 AND JANE DOE #2'S MOTION FOR FINDING OF VIOLATIONS OF THE

JANE DOE #1 AND JANE DOE #2'S MOTION FOR FINDING OF VIOLATIONS OF THE CRIME VICTIMS' RIGHTS ACT AND REQUEST FOR A HEARING ON APPROPRIATE REMEDIES CASE NO: 0840736-Civ-Marra/Johnson EXHIBIT A Filed Under Seal EFTA00235326 C) 09/12/2007 03:44 PM To < cc "alikUSAFLS1r bcc Subject Jeffrey Epstein Jay —lavas nice seeing you again. -.Nand I tallced with Alex and 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. I- Assistant U.S. Attorney West Palm Beach, FL 33401 US_Atty_Cor_001 EFTA00235327 usdo Egov, 09/13/2007 07:27 PM To "Jay Lelkowile cc bcc 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 EEC 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. 33401 Original Message From: Jay Lefkowitz fmailto: Sentil rl ll13, . 2007 7:21 PM To: (USAFLS) Subject: The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and US_Atty_Cor_002 EFTA00235328 0 destroy this communication and all copies thereof, including all attachments. * • fa * • US_Atty_Cor_003 EFTA00235329 09119/2007 12:14 PM To cc bee Subject RE: Meeting "Jay Lelkovatt Judge Johnson has duty next week. Jay — !hate to have to be firm about this, but we need to wrap this up by Monday. I will not miss my indictment date when this has dragged on for several weeks already and then, if things fall apart, be left in a less advantageous position than before the negotiations. I have had an 82-page pros memo and 53-page indictment sitting on the shelf since May to engage in these negotiations. There has to be an ending date, and that date is Monday. Villqfcrifa MS Attorney Sent: 09/19/2007 11:51 AM AST To: Jay Letkowitz Subject: Meeting SAFLS\)" is available Monday morning. Our most flexible West Palm Beach magistrate is on duty on Monday, so, assuming we have signed documents by 1:30 or so, we should be able to get Mr. Epstein arraigned on Monday. I doubt that we will be able to get everything finished up here, get down to Miami, and try to find a Miami mag by close of business on Monday. US_Atty_Cor_004 EFTA00235330 Q9/14t2007 09:55 AM To "Jay Le&ovate cc bce SubOct Pile documents Hi Jay — I'm not sure which of those e-mail addresses is correct Here are drafts of the plea agreement and information. They have not yet been blessed by Miami, but they have approved of prior similar drafts, so these should be close to what is needed. My You also can get home e-mail is me over the weekend on my cell phone at <<infomuttion charging 1512 and 113.pdf>> <<OLY Plea Agreement v4 1512 and 113 violations.pdf>> Regards, Assistant U.S. Attorney West Palm Beach, FL 33401 Information charging 1512 and 113.pdt OLY Plea Agreement v4 1512 and 113 vlolatlons.pdf US_Atty_Cor_005 EFTA00235331 D UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 18 U.S.C. § 1512(dX2) 18 U.S.C. § 113(aX5) UNITED STATES OF AMERICA vs. JEFFREY EPSTEIN, Defendant. R The United States Attorney charges that: COUNT I In or around October 2005, in Palm Beach County, in the Southern District of Florida, and elsewhere, the defendant, F JEFFREY EPSTEIN, did intentionally harass another person, that is, Jane Doe #I, in an attempt to delay, prevent, and dissuade Jane Doe #1 from reporting to a law enforcement officrer of the United States the ]g l commission of a federal offense; in violation of Title 18, United Slat ode, Sections 1512(O2) and 2. COUNT 2 In or around 2005, in the special territorial jurisdiction of the United States, that is, in an aircraft owned by a United States citizen while in flight over the high seas, and elsewhere, US_Atty_Cor_006 EFTA00235332 the defendant, JEFFREY EPSTEIN, did kno ly commit a simple assault on a person who was over the age of 16 years, that is, M.; in violat • Title IS, United States Code, Section 113(aX5). R. ALEXANDER AC UNITED STATES ATTORNEY VILLAFARA ASSISTANT UNITED STATES ATT 2 F T US_Atty_Cor_007 EFTA00235333 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA UNITDATES OF AMERICA vs. JEFFREY EPSTEIN, Defendant. Case 1'0'0. R, PLEA AGREEMENT The United States Attorney for the Southern District of Florida ("the United States"), and Jeffrey Epstein (hereinafter referred to as thitfendant") enter into the following agreement 1. The defendant agrees to plead guilty to the Information which charges the defendant as follows: Count 1 charges that the defendant intentionally harassed another person, that is, Jane Doe #1, in an attempt to delay, prevent, and dissuade J ill from reporting to a law enforcement officer of the United States the commission of a federal offense; in violation of Title 18, United States Code, Sections 1512(d)(2) and 2; and Count 2 charges that the defendant, while in an airplane over the high seas, did knowingly commit a simple assault on a person who was T over the age of 16 years, that is, M.; in violation of Title 18, United States Code, Secti I I 3(aX5). 2. The defendant is aware that the sentence will be imposed by the Court after considering the Federal Sentencing Guidelines and Policy Statements (hereinafter Page 1 of 7 US_Atty_Cor_008 EFTA00235334 "Sentencing Guidelines"). The defendant acknowledges and understands that the Court will compute an advisory sentence under the Sentencing Guidelines and that the applicable guideli ill be determined by the Court relying in part on the results of a Pre-Sentence Investi by the Court's probation office, which investigation will commence after the guilty plea has been entered. The defendant is also aware that, under certain circumstances, the Court may depart from the advisory sentencing guideline range that it has computed, and may raise or lower that advisory soft under the Sentencing Guidelines. The defendant is further aware and understands that the Court is required to consider the advisory guideline range determined under the Sentencing Guidelines, but is not bound to impose that sentence; the Court is permitted to tailor the ultimate sentence in light of other statutory concerns, and such sentence may be either more seven or less re than the Sentencing Guidelines' advisory sentence. Knowing these facts, the defendant understands and acknowledges that the Court has the authority to impose any sentence within and up to the statutory maximum authorized by law for the offenses identified in paragraph 1 and the defendant may not withdraw the plea solely as a result of the sentence imposed. 3. The defendant further understands and acknowledges that, as to Count 1 of the Information, the Court may impose a statutory maximwn term of imprisonment of up to one (I) year, to be followed by a term of supervised release of up to a maximum off (I) year. In addition to terms of imprisonment and supervised release, the Court may impose a fine of up to $100,000. The defendant further understands and acknowledges that, as to Count 2 of the Information, the Court may impose a statutory maximum term of imprisonment of up to Page 2 of 7 US_Atty_Cor_009 EFTA00235335 six (6) months, to be followed by a term of supervised release of up to a maximum of one (1) year. In addition to terms of imprisonment and supervised release, the Court may impose a fine of $100,000. The defendant further understands and acknowledges that, in addition to any sentence imposed under paragraph 3 of this Agreement, a special assessment in the amount of $50 will be imposed on the defendant, which must be paid at or before the time of sentencing. R 5. The defendant understands that the Court will order that he must pay full restitution to all victims of the offense to which he is pleading guilty. The defendant understands that the amount of restitution owed to each victim will be determined at or before sentencing. A 6. The parties agree to jointly recommend that the defendant receive a sentence of eighteen (18) months' imprisonment, to be followed by two (2) years of supervised release; and a fine of $200,000. 7. The defendant agreesthat,ifanyoftheviictimsidentiAbdinthefederal investigation file suit pursuant to 18 U.S.C. § 2255, the defendant 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 the noT e defendant will not contest that the identified victims are persons who, while mi , victims of violations of Title 18, United States Code, Sections(s) 2422 and/or 2423. The hod States agrees to provide the defendant's attorneys with a list of the identified victims, which will not exceed forty, after the defendant has signed this agreement and has been sentenced. The United Page 3 of 7 US_Atty_Cor_001 EFTA00235336 States further agrees to make a motion with the United States District Court for the Southern District of Florida for the appointment of a guardian ad litem for the identified victims and the defendant's counsel contact the identified victims through that guardian. The defendant agrees to plead guilty (not nolo contendere) to an Information filed by the Palm Beach County State Attorney's Office charging an offense for which the defendant must register as a sex offender, that is, solicitation of minors to engage in prostitution, in violation of Fl. Stat. 796.03. The defendant agrees tha d the Palm Beach County State Attorney's Office will make a joint, binding recommended the Court impose a sentence of at least thirty (30) months, to be divided as follows: (a) the defendant shall begin by serving at least twenty (20) months in prison, without any opportunity for wit olding adjudication or sentencing, and without probation or oammu • c t of in lieu of imprisonment; and (b) following the term of imprisonment, the defendant shall serve ten (10) months of community control/home confinement with electronic monitoring. 9. The defendant agrees to waive all challenges to the s tation filed by the State Attorney's Office and to waive the right to appeal his conviction anJ H entence in the state court. 10. The defendant agrees that he will provide to the U.S. Attorney's Office copies of all proposed agreements with the Palm Beach County State Attorney's Office prior to entering into those agreements. 11. The United States reserves the right to inform the Court and probation office of all facts pertinent to the sentencing process, including all relevant information concerning the offenses committed, whether charged or not, as well as concerning the Page 4 of 7 US_Atty_Cor_0011 EFTA00235337 defendant and the defendant's background, and to respond to any questions from the Court and the Probation Office and to any misstatements of fact or law. Subject only to the express terms agreed-upon sentencing recommendations contained in this Agreement, this Office reserves the right to make any recommendation as to the quality and quantity of punishment. 12. The defendant is aware that the sentence has not yet been determined by the Court. The defendant also is a any estimate of the probable sentencing range or sentence that the defendant may receive, whether that estimate comes from the defendant's attorney, the government, or the probation office, is a prediction, not a promise, and is not binding on the government, the probation office or the Court. The defendant understands further that any recommendation that the govern r rnakes to the Court as to sentencing, whether pursuant to this agreement or otherwise, is not binding on the Court and the Court may disregard the recommendation in its entirety. The defendant understands and acknowledges, as previously acknowledged in paragraph 2 abov the defendant may not withdraw his plea based upon the Court's decision no accept a sentencing recommendation made by the defendant, the government, or a recommendation made jointly by both the defendant and the government. 13. WAIVER OF RIGHT TO APPEAL AND COLLATERALLY ACK THE SENTENCE. The defendant is aware that Title 18, United States Code, Section 3742 affords the defendant the right to appeal the sentence imposed in this case. Acknowledging this, in exchange for the undertakings made by the United States in this plea agreement, the Page 5 of 7 US_Atty_Cor_0012 EFTA00235338 defendant hereby waives all rights conferred by Section 3742 to appeal any sentence imposed, including any restitution order, or to appeal the manner in which the sentence was impos ess the sentence exceeds the maximum permitted by statute or is the result of eiwk) an upw parture or upward variance from the guideline range that the Court establishes at sentencing. The defendant further voluntarily and expressly waives, to the maximum extent permitted by federal law, the right to collaterally attack his sentence in any post- conviction proceeding, including a on on any ground brought under 28 U.S.C. § 2254, 28 U.S.C. § 2255, 18 U.S.C. § 3572, or 18 U.S.C. § 3771. The defendant further understands that nothing in this agreement shall affect the government's right and/or duty to appeal as set forth in Title 18, United States Code, Section 3742(b). However, if the United States appeals the defendant's sentence pursuant to Section 374 the defendant shall be released from the above waiver of appellate rights. By signing this agreement, the defendant acknowledges that he has discussed the appeal waiver set forth in this agreement with his attorney. 14. If the defendant fails in any way to fulfill each on and • obligations under this 1.,34., Plea Agreement, the United States, only the United States, elect to be released from its commitments under this Plea Agreement. If the United States elects to void the Plea Agreement because of a breach by the defendant, then the United States agrees not to use the defendant's guilty plea against him. However, the United States mayprosecute'i efendant for any and all Federal crimes that he has committed related to this case and may seek any sentence for such crimes up to and including the statutory maximums. The defendant expressly waives any statute of limitations defense and any constitutional or statutory speedy Page 6 of 7 US_Atty_Cor_001 3 EFTA00235339 or • 1.9CAS 09114/2007 09:57 AM To "Joy Letkowite cc bcc Subject RE: Follow up Sorry, Jay. I just got this and have to run off to the hospital. I will revise and re-email you tomorrow or late tonight. anti!!!!ll'orne West Pa Be Original Message From: Jay Lefkowitz Sent: Fricia September 19, To: . (USAFLS) Subject: Follow up ******* *************** **** ***** * ****** * ** ***** ******* 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 US_Atty_Cor_0014 EFTA00235340 and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments. US_Atty_Cor_001 5 EFTA00235341 a Vie .cony 09/15/2007 03:16 PM A rx A• alr • To cc bcc Subject JE negotiations Hi Jay — Sorry to trouble you over the weekend. Here are the revised documents with the 403 charge. I have otten some negative reaction to the assault charge with as the victim, since she is considered one of the mate perpetrators of the offenses that we planned to charge in the indictment. Can you talk to Mr. Epstein about a young woman name We have hearsay evidence that she traveled on Mr. Epstein's airplane when she was under 18, in around the 2000 or 2001 time frame. That falls outside the statute of limitations, but perhaps we could construct a 371 conspiracy around that? Let me know what you think. Thank you. •c•c< OM sot EOM on c rgIng±t(fl_id 113.pffLs_ va lieen archived by user 'CommonStore/IT/Kirkland-Ellis' on '11/26/2007 01:07:11r >>> «.< Attachment 'OLY Plea Agreement v5 403 and 113 violations.odf has been archived by userSommonStore/117Kbkland-Ellie on '11/26/2007 01:07:57'. >>> US_Atty_Cor_001 6 EFTA00235342 sr D UNITED STATES OF vs. JEFFREY EPSTEIN, Defendant. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 18 U.S.C. § 403 18 U.S.C. § 113(a)(5) A INFORMATION The United States Attorney charges that: COUNT In or around August 2006, in Palm Beach CoF, in the Southern District of Florida, and elsewhere, the defendant, JEFFREY EPSTEIN, b did knowingly and intentionally violate the privacy protection accot y 18 U.S.C. § 3509 to a child victim, that is, Jane Doe #1; in violation of Title 18, United Sta ode, Sections 403 and 2. COUNT 2 In or around 2005, in the special territorial jurisdiction of the United States, that is, in an aircraft owned by a United States citizen while in flight over the high seas, and elsewhere, the defendant, JEFFREY EPSTEIN, US_Atty_Cor_001 7 EFTA00235343 did imowingly commit a simple assault on a person who was over the age of 16 years, that is, U; in violation of Title 18, United States Code, Section 113(a)(5). D It. ALEXANDER ACOSTA UNITED STATES AT. ASSISTANT UNI' ATES ATTORNEY A 2 F T US_Atty_Cor_001 8 EFTA00235344 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA D Case No. UNITED STATES OF AMERICA vs. JEFFREY EPSTEIb Defend PLEA AGREEMENT The United States Attorney fo e Southern District of Florida ("the United States"), and Jeffrey Epstein (hereinafter re d to as the "defendant") enter into the following agreement 1. The defendant agrees to plead guilty to the Information which charges the defendant as follows: Count 1 charges that theFfendant knowingly and intentionally violated the privacy protection accorded to child victims by 18 U.S.C. § 3509; in violation of Title 18, United States Code, Sections 403 and 2; and Count 2 charges that the defendant, while in an airplane over the high seas, did knowingly commit l on a person who was over the age of 16 years, that is, in violation of Title 18, United States Code, Section 113(aX5). 2. The defendant is aware that the sentence will be imposed by the Court after considering the Federal Sentencing Guidelines and Policy Statements (hereinafter Page 1 of 7 US_Atty_Cor_0019 EFTA00235345 "Sentencing Guidelines"). The defendant acknowledges and understands that the Court will compute an advisory sentence under the Sentencing Guidelines and that the applicable guidelityll be determined by the Court relying in part on the results of a Pre-Sentence Investigation by the Court's probation office, which investigation will commence after the guilty plea has been entered. The defendant is also aware that, under certain circumstances, the Court may depart the advisory sentencing guideline range that it has computed, and may raise or lower isory sentence under the Sentencing Guidelines. The defendant is further aware and understands that the Court is required to consider the advisory guideline range determined under the Sentencing Guidelines, but is not bound to impose that sentence; ir the Court is permitted to tailor the uisentence in light of other statutory concerns, and such sentence may be either more severe or less severe than the Sentencing Guidelines' advisory sentence. Knowing these facts, the defendant understands and acknowledges that the Court has the authority to impose any senten in and up to the statutory maximum authorized by law for the offenses identified in paragraph 1 and that the defendant may not withdraw the plea solely as a result of the sentence imposed. 3. The defendant further understands and acknowled the es that, as to Count 1 of the t Information, Court may impose a statutory maximum term of nprisonment of up to one (1) year, to be followed by a term of supervised release of up to a maximum of one (1) year. In addition to terms of imprisonment and supervised release, the Court may impose a fine of up to $100,000. The defendant further understands and acknowledges that, as to Count 2 of the Information, the Court may impose a statutory maximum term of imprisonment of up to Page 2 of 7 US_Atty_Cor_0020 EFTA00235346 six (6) months, to be followed by a term of supervised release of up to a maximum of one (1) year. In addition to terms of imprisonment and supervised release, the Court may impose a fine of D$100,000. 4. The defendant further understands and acknowledges that, In addition to any sentence imposed under paragraph 3 of this Agreement, a special assessment in the amount of $50 will be impog on the defendant, which must be paid at or before the time of sentencing. 5. The defendant understands that the Court will order that he must pay full restitution to all victims of the offense to which he is pleading guilty. The defendant understands that the amount of resAon owed to each victim will be determined at or before sentencing. 6. The parties agree to jointly recommend that the defendant receive a sentence of eighteen (18) months' imprisonment, to be T red by two (2) years of supervised release; and a fine of $200,000. 7. The defendant agrees that, if any of the victims identified in the federal investigation file suit pursuant to 18 U.S.C. § 2255, the defendant will not contest the jurisdiction of the U.S. District Court for the Southern District Florida over his person and/or the subject matter, and the defendant 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. The United States agrees to provide the defendant's attorneys with a list of the identified victims, which will not exceed forty, after the defendant has Page 3 of 7 US_Atty_Cor_0021 EFTA00235347 signed this agreement and has been sentenced. The United States further agrees to make a motion with the United States District Court for the Southern District of Florida for the appoin of a guardian ad I item for the identified victims and the defendant's counsel may contact the identified victims through that guardian. 8. The defendant agrees to plead guilty (not nolo contendere) to an Information filed by the Palm Be k County State Attorney's Office charging an offense for which the s defendant must regi a sex offender, that is, solicitation of minors to engage in prostitution, in violation of Fl. Stat. 796.03. The defendant agrees that he and the Palm Beach County State Attorney's Office will make a joint, binding recommendation that the Court impose a sentence of at least (30) months, to be divided as follows: (a) the defendant shall begin by serving at least twenty (20) months in prison, without any opportunity for withholding adjudication or (b) sentencing, and without • on or community control in lieu of imprisonment; and following the term of imprisonment, the defendant shall serve ten (10) months of community control/home confinement with electronic monitoring. 9. The defendant agrees to waive all challenges to the Information filed by the State Attorney's Office and to waive the right to appeal his conviction and sentence in the state court. 10. The defendant agrees that he will provide to the U.S. Attorney's Office copies Page 4 of 7 US_Atty_Cor_0022 EFTA00235348 of all proposed agreements with the Palm Beach County State Attorney's Office prior to entering into those agreements. ip The United States reserves the right to inform the Court and the probation office of all facts pertinent to the sentencing process, including all relevant information concerning the offenses committed, whether charged or not, as well as concerning the k i defendant and the de dant's background, and to respond to any questions from the Court and the Probation Of d to any misstatements of fact or law. Subject only to the express terms of any agreed-upon sentencing recommendations contained in this Agreement, this Office further reserves the right to make any recommendation as to the quality and quantity of punishment. A 12. The defendant is aware that the sentence has not yet been determined by the Court. The defendant also is aware that any estimate of the probable sentencing range or sentence that the defendant may receive, whether estimate comes from the defendant's attorney, the government, or the probation office, is a prediction, not a promise, and is not binding on the government, the probation office or the Court. The defendant understands further that any recommendation that the government makes to the Court as to sentencing, T whether pursuant to this agreement or otherwise, is not binding the Court and the Court may disregard the recommendation in its entirety. The defendant understands and acknowledges, as previously acknowledged in paragraph 2 above, that the defendant may not withdraw his plea based upon the Court's decision not to accept a sentencing recommendation made by the defendant, the government, or a recon-unendation made jointly Page 5 of 7 US_Atty_Cor_0023 EFTA00235349 by both the defendant and the government. 13. WAIVER OF RIGHT TO APPEAL AND COLLATERALLY ATTACK THE SIDENCE. The defendant is aware that Title 18, United States Code, Section 3742 affords the defendant the right to appeal the sentence imposed in this case. Acknowledging this, in exchange for the undertakings made by the United States in this plea agreement, the defendant hereby w • all rights conferred by Section 3742 to appeal any sentence imposed, including a Ctitution order, or to appeal the manner in which the sentence was imposed, unless the sentence exceeds the maximum permitted by statute or is the result of an upward departure or upward variance from the guideline range that the Court establishes at sentencing. The defendant ftuthAaluntarily and expressly waives, to the maximum extent permitted by federal law, the right to collaterally attack his sentence in any post- conviction proceeding, including a motion on any ground brought under 28 U.S.C. § 2254, 28 U.S.C. § 2255, 18 U.S.C. § 3572, or 18 U.S.C. 1. The defendant further understands that nothing in this agreement shall affect the governments right and/or duty to appeal as set forth in Title 18, United States Code, Section 3742(b). However, if the United States appeals the defendant's sentence pursuant to Section 3742(b), the defendant shall be released from the above waiver of appellate rights. By signing this agreement, efendant acknowledges that he has discussed the appeal waiver set forth in this agreement with his attorney. 14. If the defendant fails in any way to fulfill each one of his obligations under this Plea Agreement, the United States, and only the United States, may elect to be released from its commitments under this Plea Agreement. If the United States elects to void the Plea Page 6 of 7 US_Atty_Cor_0024 EFTA00235350 Agreement because of a breach by the defendant, then the United States agrees not to use the defendant's guilty plea against hint However, the United States may prosecute the defendant for any Federal crimes that he has committed related to this case and may seek any sentence for such crimes up to and including the statutory maximums. The defendant expressly waives any statute of limitations defense and any constitutional or statutory speedy trial defense to such osecution, except to the extent that such a defense exists as of the date he signs this P1eA Bement. Finally, the defendant understands that his violation of the terms of this Plea Agreement would not entitle him to withdraw his guilty plea. 15. This is the entire agreement and understanding between the United States and the defendant. There are no other a ents, promises, representations, or understandings. Date: By: EL ALTNDER ACOSTA UNII STATES ATTORNEY Date: By: JEFFREY EPSTEINFr DEFENDANT Date: By: JAY LEFKOWITZ, ESQ. ATTORNEY FOR DEFENDANT Page 7 of 7 US_Atty_Cor_0025 EFTA00235351 om> 09/16/2007 08:49 AM litgaiatakte To "Jay Lefkowitz" cc bcc Subject Re: JE negotiations Hi Jay — Sorry -- I didn't get your message until this morning. I will call you at 9:15. If that doesn't work, let me know a better time, otherwise I will just plan to speak to you at 9:15. Thanks. US_Atty_Cor_0026 EFTA00235352 om> 09/16/2007 09:07 AM To *Jay Lofkowitz" < cc bcc Subject Re: JE negotiations Sounds fine. Thanks. Can you e-mail me the number where you want me to call you? US_Atty_Cor_0027 EFTA00235353 cm> 09/16/2007 10:35AM To "Jay LeNewer cc bcc Subject Re: JE negotiations 'PA -4441 1!"fgerniVig 3"fek?-iatal SiAl cUtg0 Hi Jay — I will wait to hear from you before I change the documents back to the 1512, but can you tell me when you call back whether you had any issues with the language of the plea agreement or the information that I sent earlier? Thanks. US_Atty_Cor_0028 EFTA00235354 aegmel.com. 09116/200711:41 AM To •Jay Lolkowitf cc bce Subiect Re: a negotiations Hi Jay — I looked up some 11th Circuit cases on simple assault and found some good language. I also learned that, every moment that one is aboard an enclosed civil airplane, they are in the "special aircraft jurisdiction of the United States," so the assault charge is really a violation of 49 USC 46506, which doesn't change the penalties. I have drafted up a factual proffer that I would use at the change of plea based upon our brief conversation and the agents' interaction with Ms. home. The agents and I would need to speak with Ms. and Ms. Groff briefly to confum that these facts are true. Feel free to make suggestions. On an "avoid the press" note, I believe that Mr. Epstein's airplane was in Miami on the day of the Ms. Groff telephone call. If he was in Miami-Dade County at the time, then I can file the charge in the District Court in Miami, which will hopefully cut the press coverage significantly. Do you want to check that out? I will talk to you later. Thanks. <cc< Attachment 'Epstein Plea Proffer.doe hes been archived by user tonunonStoreill7Kiridand-Ellie on '11/28/2007 01:0817'. >>> US_Atty_Cor_0029 EFTA00235355 om> 09/16/2007 03:54 PM To "Jay Lefkowitzs cc boc Subject Re: 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 and he still doesn't like the factual baths. 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(aX1)(3), with a joint non-binding recommendation of 18 months, so that Mr. Epstein can serve his time federally. 3. (My suggestion only, not I go back to the U.S. Attorney and ask him to agree to an ABA-plea to a 371 count (conspiracy to violate 2422(b)) with a binding 20-month recommendation so that Mr. Epstein can serve all of his time in a federal facility. 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 21 d guilty and be sentenced after serving his federal time. I. 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 US_Atty_Cor_0030 EFTA00235356 a 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-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 Pm 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 collooquy, 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, US_Atty_Cor_0031 EFTA00235357 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 teams 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 • an immi ation charges against either Ms. El or Ms. 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, let's 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. US_Atty_Cor_0032 EFTA00235358 1.90v> 09/17/2007 09:43 AM To ' y Letkowite cc "Gerald Letco XUSAFIS‘r < bee XUSAFLSWI Subject Heating before Judge Marra has been tai Roy and Jay — I received a call from Jenny, who is standing in as Judge Marra's CRD. She spoke with the judge and he agreed to take the matter off the calendar. I told Jenny that if we are able to reach a plea agreement, we will withdraw the subpoena and Mr. Black will withdraw his motion to quash. Please call if you have questions. WM Assistant U.S. Attorney West Palm Beach, FL 33401 US_Atty_Cor_0033 EFTA00235359 09/17/2007 11:45 AM To "Jay LetkowIte cc bcc Subject Non-Prceecutton Agreements Hi Jay — To avoid you having to reinvent the wheel, here is a copy of the last version of the non-prosecution agreement in Word and WordPerfect. <<070911 Epstein Non-Prosecution Agreemeatwpd» <<070911 Epstein Non-Prosecution Agreement.doc>> Assistant U.S. Attorney West Palm Beach, FL 33401 070911 Epstein Non-Prosecution Agreementwpd 3 070911 Epstein Non-Prosecution Agreernentdoc US_Atty_Cor_0034 EFTA00235360 IN RE: INVESTIGATION OF JEFFREY EPSTEIN NON-PROSECUTION AGREEMENT IT APPEARING that the City of Palm Beach Police Department and the State Attorney's Office for the 15th Judicial Circuit in and for Palm Beach County (hereinafter, the "State Attorney's Office") have conducted an investigation into the conduct of Jeffrey Epstein (hereinafter "Epstein"); IT APPEARING that the State Attorney's Office has charged Epstein with three counts of solicitation of prostitution, in violation of Florida Statutes Section 796.07; IT APPEARING that the United States Attorney's Office and the Federal Bureau of Investigation have conducted their own investigation of the offenses and Epstein's background; IT APPEARING that Jeffrey Epstein (hereinafter "Epstein") has committed offenses against the United States from in or around 2001 through in or around October 2005, including: (1) knowingly and willftilly conspiring with others known and unknown to commit an offense against the United States, that is, to use a facility or means of interstate or foreign commerce to knowingly persuade, induce, or entice minor females to engage in prostitution, in violation of Title 18, United States Code, Section 2422(b); all in violation of Title 18, United States Code, Section 371; (2) knowingly and willfully conspiring with others known and unknown to travel in interstate commerce for the purpose of engaging in illicit sexual conduct, as defined in 18 U.S.C. § 2423(f), with minor females, in violation of Title 18, United States Code, Section 2423(b); all in violation of Title 18, United States Code, Section 2423(e); (3) using a facility or means of interstate or foreign commerce to knowingly persuade, induce, or entice minor females to engage in prostitution; in violation of Title 18, United States Code, Sections 2422(b) and 2; (4) traveling in interstate commerce for the purpose of engaging in illicit sexual conduct, as defined in 18 § 2423(f), with minor females; in violation of Title 18, United States Code, Section 2423(b); and (5) knowingly, in and affecting interstate and foreign commerce, recruiting, enticing, Page 1 of 5 US_Atty_Cor_0035 EFTA00235361 and obtaining by any means a person, knowing that the person had not attained the age of 18 years and would be caused to engage in a commercial sex act as defined in 18 U.S.C. § 1591(cX1); in violation of Title 18, United States Code, Sections 1591(aX1) and 2; and IT APPEARING that Epstein has accepted responsibility for his behavior by his signature on this Agreement and IT APPEARING, after an investigation of the offenses and Epstein's background, that the interest of the United States pursuant to the Petite policy will be served by the following procedure; THEREFORE, on the authority of R. Alexander Acosta, United States Attorney for the Southern District of Florida, prosecution in this District for these offenses shall be deferred in favor of prosecution by the State of Florida, provided that Epstein abides by the following conditions and the requirements of this Agreement set forth below. Should Epstein violate any of the conditions of this Agreement, the United States Attorney may at any time initiate prosecution against Epstein for any offense. In this case, the United States Attorney will furnish Epstein with notice specifying the condition(s) of the Agreement that he has violated. After timely fulfilling all the terms and conditions of the Agreement, no prosecution for the offenses set out on pages 1 and 2 of this Agreement will be instituted in this District, and the charges against Epstein if any, will be dismissed. Terms of the Agreement: 1. Epstein shall plead guilty (not nolo contendere) to an Information filed by 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: Page 2 of 5 US_Atty_Cor_0036 EFTA00235362 (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 victims, which will not exceed forty, alter Epstein has signed this agreement and has been sentenced. The United States shall make a motion with the United States District Court for the Southern District of Florida for the appointment of a guardian ad litem for the identified victims and Epstein's counsel may contact the identified victims through that counsel. 7. Epstein shall enter his guilty plea and be sentenced not later than September 28, 2007, and shall begin service of his sentence not later than October 15, 2007. 8. With credit for gain time, Epstein shall serve at least 17 months in a state correctional institution. Epstein understands that the United States Attorney has no authority to require the State Attorney's Office to abide by any terms of this agreement. Epstein understands that it is his obligation to undertake discussion with the State Attorney's Office to ensure compliance with these procedures, which compliance will be necessary to satisfy the United States' interest, Page 3 of 5 US_Atty_Cor_0037 EFTA00235363 pursuant to the Petite policy. By signing this agreement, Epstein asserts and certifies that each of these terms is material to this agreement and is supported by independent consideration and that a breach of 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. Dated: JEFFREY EPSTEIN Dated: GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN Dated: R. ALEXANDER ACOSTA Page 4 of 5 US_Atty_Cor_0038 EFTA00235364 Tn .@usdo 1410v* 09/17,2007 01:11 PM To c > cc l(USAFLST bcc Subject My whereabouts Hi Jay — lam headed home. If a document is readytakcLeviewed later today, can ou send a copy to me and also to (who is in, in f nd to my home e-mail address — and give me a call on my cell'. , so I can be ready for some discussions tomorrow. If anything else comes up, please don't hesitate to call. Thanks, US_Atty_Cor_0039 EFTA00235365 "=\ SAMS‘ ' ®usdoj.gov> 09/18/2007 09:14 AM To "Jay Lefkowite CC Sub RE: Draft Agreements? ject Hi Jay - I know that the U.S. Attorney will not go below 18 months of prison/jail time (and I would strongly oppose the suggestion). Assistant U.S. Attome West Palm Beach, FL 3340 US_Atty_Cor_0040 EFTA00235366 I believe there are only two types of agreements that would apply to this case: (1) 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 facts. On a second count, we could rely on the incident where Mr. Epstein's private investigators followeclia 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. Assistant U.S. Attorney West Palm Beach, FL 33401 *****************••**** ******** * ********* * ************ **•** 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 US_Atty_Cor_0041 EFTA00235367 and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@ldrldand.com, and destroy this communication and all copies thereof including all attachments. ************** ***** *tit ******** ********* * ************ 070918 12.22 pm Plea Agreement 1512 counts.wpd or Yd. I US_Atty_Cor_0042 EFTA00235368 ;11 1:= 1.00v> 09/18/2007 09:14 AM Feta/11OW To "Jay Lefkowitz" cc bcc Subject RE: Draft Agreements? ',iikohte t're Hi Jay —1 know that the U.S. Attorney will not go below 18 months of prisonnail time (and I would strongly oppose the suggestion). tI- Assistant U.S. Attorn West Palm Beac t 33 01 09(18/2007 08:44 AM To-Jay Letkowitz" (MMIIMEM co SubMcDrsft Agreements? Hi Jay - I was hoping there would be things for me to read this morning, but I will try to remain patient. I believe there are only two types of agreements that would apply to this case: (1) a plea agreement to a federal charge or charges; US_Atty_Cor_0043 EFTA00235369 WOW' 09/18/2007 01:23 PM To "Jay Lefkowftz" MEMO= cc bce Subject RE Drag Agreements? Hi Jay — I think that you are referring to USSG 1B1.9, which doesn't apply to Class A misdemeanors. If you have some other basis, please let me know. Could you share the attached draft with your colleagues. It is in keeping with what.. communicated to me was the operative "deal." The U.S. Attorney hasn't had a chance to review all of the language, but agrees with it in principle. The only thing we haven' t been able to discuss is the highlighted language regarding the state sentence. I believe that takes care of your client's concern about having to serve "duplicate" time in the state, and our concern about getting the state guilty plea wrapped up at the beginning rather than years down the road. n will both be available at 2:00. You can reach us at ifil One of my suggestions is going to be (again) that we all sit down together in the same room, including.. and/or so we can hash out the still existing issues and get a signed document Assistant U.S. Attorney West Palm Beach, FL 33401 US_Atty_Cor_0044 EFTA00235370 a SAFLS\)" Sent: 09/18/2007 12:43 PM AST To: Jay Le&owitz Subject: RE: Draft Agreements? Hi Jay - It looks like I will be here all afternoon, but earlier is better than later. There are a number of issues with your version, but one that you can look at before our call is the calculation of the guidelines on the 1512(d) counts. The cross-reference to 2X3.1 applies, which then takes us to 2G1.3. Giving Mr. Epstein the benefit of the doubt (that they would treat this as though there were only one victim), he would have a base offense level of 24, plus 2 for a commercial sex act, totaling 26. Returning to 23O.1, we would subtract 6 levels and subtract another 3 levels for acceptance for a total offense level of 17. With criminal history category of I, that results in 24 to 30 months, which is in Zone D. Assistant U.S. Attorney West Palm Beach, FL 33401 US_Atty_Cor_0045 EFTA00235371 as ! I 09/18/2007 02:53 PM To Jay Lelkowite cc bcc Subject Factual proffer Hi Jay — I didn't want us to get sidetracked during the conference call. I want to make sure that e a fai basis for "harassment." Forcibly flying and somewhere else is a different 1512 offense with a 10 year cap. This is the factual proffer that I drafted up earlier this afternoon, to give you an idea of what it would look like. When I include a factual proffer in a plea agreement, I usually use prefatory language like: The parties agree that, had this case proceeded to trial, the United States would have proven the following facts beyond a reasonable doubt, and that the following facts are true and correct and are sufficient to support a plea of guilty . <<Epstein Plea Proffer.doc>> I- Assistant U.S. Attorney West Palm Beach, FL 33401 SSSAMOSABILEDIWIPAI 0-EgatEslgeEtragnamblvesLby user ' i regmmal Isa6/2 07 •11:55'.>» U S_Atty_Co r_O 046 EFTA00235372 UNITED STATES vs. JEFFREY EPSTEIN PLEA PROFFER On August 21, 2007, FBI Special Agents and a INE. traveled to the home of Lesley Groff to serve her with a federal grand jury subpoena in connection with an investigation pending in the Southern District of Florida. Ms. Groff works as the personal assistant of the defendant. Ms. Groff began speaking with the agents and then excused herself to go upstairs to check on her sleeping child. While upstairs, Ms. Groff telephoned the defendant Jeffrey Epstein, and informed him that the FBI agents were at her home. Mr. Epstein instructed Ms. Groff not to speak with the agents and reprimanded her for allowing them into her home. Mr. Epstein applied pressure to keep Ms. Groff from complying with the grand jury subpoena that the agents had served upon her. In particular, Mr. Epstein warned Ms. Groff against turning over documents and electronic evidence responsive to the subpoena and pressured her to delay her appearance before the federal grand jury in the Southern District of Florida. This conversation occurred when Mr. Epstein was aboard his privately owned civilian aircraft in Miami in the Southern District of Florida. His pilot had filed a flight plan showing that the parties were about to return to Teterboro, New Jersey. After the conversation with Ms. Groff, Mr. Epstein became concerned that the FBI would by to serve his traveling companion, , with a similar grand jury subpoena. In fact, the agents were preparing to serve Ms. with a target letter when the flight landed in Teterboro. Mr. Epstein then re-directed his airplane, making the pilot file a new flight plan to travel to the U.S. Virgin Islands instead of the New York City area, thereby keeping the Special Agents from serving the target letter on--. US_Atty_Cor_0047 EFTA00235373 During the course of that flight, the defendant verbally harassed Ms. a, harassing and pressuring her not to cooperate with the grand jury's investigation, thereby hindering and dissuading her from reporting the commission of a violation of federal law to a law enforcement officer, namely, Special Agents of the FBI. US_Atty_Cor_0048 EFTA00235374 (3, UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. UNITED STATES OF AMERICA vs. JEFFREY EPSTEIN, Defendant. PLEA AGREEMENT • The United States Attorney for the Southern District of Florida ("the United States"), and Jeffrey Epstein (hereinafter referred to as the "defendant") enter into the following agreement: I. The defendant agrees to plead guilty to a two-count Information which charges the defendant as follows. Count I charges that the defendant intentionally harassed another person, that is, ■., in an attempt to delay, prevent, and dissuade ■. from attending or testifying in an official proceeding, that is a Federal Grand Jury appearance in the Southern District of Florida, in violation of Title 18, United States Code, Sections 1512(d)(2) and 2; and Count 2 charges that the defendant intentionally harassed another person, that is, ., in an attempt to delay, prevent, and dissuade.. from reporting to a law enforcement officer of the United States the commission of a federal offense; in violation of Title 18, United States Code, Sections 1512(dX2) and 2. 2. The defendant agrees and understands that the above charges involve his conduct, and the conduct of others, between in and around early 2001 through in and US_Atty_Cor_0049 EFTA00235375 a around September 2007 involving a conspiracy to solicit minors to engage in prostitution and to travel in interstate commerce to engage in illicit sexual conduct. _This agreement resolves the federal criminal liability of the defendant and any co-conspirators in the Southern District of Florida growing out of any criminal conduct by those persons known to the United States Attorney's Office for the Southern District of Florida as of the date of this plea agreement, including but not limited to the above-described scheme. 3. The United States agrees that, upon entry of the defendant's guilty plea, its Grand Jury investigation will be suspended, and all pending Grand Jury subpoenas will be held in abeyance unless and until the defendant violates any term of this agreement, as explained in paragraph 19, infra. The defendant likewise agrees to withdraw his pending motion to intervene and to quash certain grand jury subpoenas. The defendant further agrees that the current custodian of certain computer equipment shall maintain that evidence inviolate until all of the terms of this agreement have been satisfied. 4. The defendant is aware that the sentence will be imposed by the Court after considering the Federal Sentencing Guidelines and Policy Statements (hereinafter "Sentencing Guidelines"). The defendant acknowledges and understands that the Court will compute an advisory sentence under the Sentencing Guidelines and that the applicable guidelines will be determined by the Court relying in part on the results of a Pre-Sentence Investigation by the Court's probation office, which investigation will commence after the guilty plea has been entered. The defendant is also aware that, under certain circumstances, the Court may depart from the advisory sentencing guideline range that it has computed, and may raise or lower that advisory sentence under the Sentencing Guidelines. The defendant is further aware and understands that the Court is required to consider the advisory guideline range determined under the Sentencing Guidelines, but is not bound to impose that sentence; the Court is permitted to tailor the ultimate sentence in light of other statutory concerns, and such sentence may be either more severe or less 2 US_Atty_Cor_0050 EFTA00235376 o r severe than the Sentencing Guidelines' advisory sentence. Knowing these facts, the defendant understands and acknowledges that the Court has the authority to impose any sentence within and up to the statutory maximum authorized by law for the offenses identified in paragraph 1 and that the defendant may not withdraw the plea solely as a result of the sentence imposed. 5. The defendant further understands and acknowledges that, as to each of Counts 1 and 2 of the Information, the Court may impose a statutory maximum term of imprisonment of up to one (1) year, to be followed by a term of supervised release of up to a maximum of one (1) year. In addition to terms of imprisonment and supervised release, the Court may impose a fine of up to $100,000 as to each count. 6. The defendant further understands and acknowledges that, in addition to any sentence imposed under paragraph 3 of this Agreement, a special assessment in the amount of $50 will be imposed on the defendant, which must be paid at or before the time of sentencing. 7. The defendant understands that the Court will order that he must pay full restitution to all victims of the offense to which he is pleading guilty. The defendant understands that the amount of restitution owed to each victim will be determined at or before sentencing. 8. The parties agree to jointly recommend that the defendant receive a sentence of eighteen (18) months' imprisonment, to be followed by two (2) years of supervised release; and a fine of $200,000. The parties' further agree to jointly recommend that the Court impose one year of home confinement as a special condition of supervised release. 9. The defendant agrees that, if any of the victims identified in the federal investigation file suit pursuant to 18 U.S.C. § 2255, the defendant will not contest the jurisdiction of the U.S. District Court for the Southern District of Florida over his person 3 US_Atty_Cor_0051 EFTA00235377 and/or the subject matter, and the defendant 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. The United States agrees to provide the defendant's attorneys with a list of the identified victims, which will not exceed forty, after the defendant has signed this agreement and has been sentenced. The United States further agrees to make a motion with the United States District Court for the Southern District of Florida for the appointment of a guardian ad litem for the identified victims and the defendant's counsel may contact the identified victims through that guardian. 10. The defendant further understands and acknowledges that he must undertake certain actions with the State Attorney's Office for the 15th Judicial Circuit in and for Palm Beach County (hereinafter, "State Attorney's Office") in order to satisfy the United States' federal interest in the investigation and prosecution of his offenses, in 0 -- / accordance with the Justice Department's Petite policy. Epstein understands and acknowledges that the United States Attorney has no authority to require the State Attorney's Office to abide by any terms of this Agreement. Epstein understands that it is his obligation to undertake discussion with the State Attorney's Office to ensure compliance with these procedures. 11. In addition to entering a guilty plea in the instant case, the defendant agrees to plead guilty to an Information filed by the Palm Beach County State Attorney's Office charging an offense for which the defendant must register as a sex offender, that is, solicitation of minors to engage in prostitution, in violation of Fl. Stat. 796.03. The defendant must enter this guilty plea before he is sentenced on the federal offenses. 12. The defendant agrees that he and the Palm Beach County State Attorney's Office will make a joint, binding recommendation that the Court impose a sentence of at least eighteen (18) months' imprisonment to be followed by at least twelve (12) months of community control/home confinement to be served upon the defendant's release from 4 US_Atty_Cor_0052 EFTA00235378 federal prison. Those sentences may run concurrently with the federal sentence imposed pursuant to this agreement. [NB: The other option is: The defendant and the Palm Beach County State Attorney's Office shall make a joint, binding recommendation that the Court impose a sentence of at least sixty (60) months' probation, which will include at least twelve (12) months of community control/home confinement to be served upon the defendant's release from federal prison.] 13. The defendant agrees to waive all challenges to the Information filed by the State Attorney's Office and to waive the right to appeal his conviction and sentence in the state court. 14. The defendant agrees to provide to the U.S. Attorney's Office copies of all proposed agreements with the Palm Beach County State Attorney's Office prior to entering into those agreements. 15. The defendant agrees that the timely completion of these actions is material to this agreement and is supported by independent consideration and that a breach of 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. 16. The United States reserves the right to inform the Court and the probation office of all facts pertinent to the sentencing process, including all relevant information concerning the offenses committed, whether charged or not, as well as concerning the defendant and the defendant's background, and to respond to any questions from the Court and the Probation Office and to any misstatements of fact or law. Subject only to the express terms of any agreed-upon sentencing recommendations contained in this Agreement, this Office further reserves the right to make any recommendation as to the quality and quantity of punishment. 17. The defendant is aware that the sentence has not yet been determined by the Court. The defendant also is aware that any estimate of the probable sentencing range or 5 US_Atty_Cor_0053 EFTA00235379 sentence that the defendant may receive, whether that estimate comes from the defendant's attorney, the government, or the probation office, is a prediction, not a promise, and is not binding on the government, the probation office or the Court. The defendant understands further that any recommendation that the government makes to the Court as to sentencing, whether pursuant to this agreement or otherwise, is not binding on the Court and the Court may disregard the recommendation in its entirety. The defendant understands and acknowledges, as previously acknowledged in paragraph 4 above, that the defendant may not withdraw his plea based upon the Court's decision not to ar_rept a sentencing recommendation made by the defendant, the government, or a recommendation made jointly by both the defendant and the government. 18. WAIVER OF RIGHT TO APPEAL AND COLLATERALLY ATTACK THE SENTENCE. The defendant is aware that Title 18, United States Code, Section 3742 affords the defendant the right to appeal the sentence imposed in this case. Acknowledging this, in exchange for the undertakings made by the United States in this plea agreement, the defendant hereby waives all rights conferred by Section 3742 to appeal any sentence imposed, including any restitution order, or to appeal the manner in which the sentence was imposed, unless the sentence exceeds the maximum permitted by statute. The defendant further voluntarily and expressly waives, to the maximum extent permitted by federal law, the right to collaterally attack his sentence in any post-conviction proceeding, including a motion on any ground brought under 28 U.S.C. § 2254, 28 U.S.C. § 2255, 18 U.S.C. § 3572, or 18 U.S.C. § 3771. The defendant further understands that nothing in this agreement shall affect the government's right and/or duty to appeal as set forth in Tide 18, United States Code, Section 3742(b). However, if the United States appeals the defendant's sentence pursuant to Section 3742(b), the defendant shall be released from the above waiver of appellate rights. By signing this agreement, the defendant acknowledges that he has discussed the appeal waiver set forth in this 6 US_Atty_Cor_0054 EFTA00235380 agreement with his attorney. 19. If the defendant fails in any way to fulfill each one of his obligations under this Plea Agreement, the United States, and only the United States, may elect to be released from its commitments under this Plea Agreement. If the United States elects to void the Plea Agreement because of a breach by the defendant, then the United States agrees not to use the defendant's guilty plea against him. However, the United States may prosecute the defendant for any and all Federal crimes that he has committed related to this case and may seek any sentence for such crimes up to and including the statutory maximums. The defendant expressly waives any statute of limitations defense and any constitutional or statutory speedy trial defense to such a prosecution, except to the extent that such a defense exists as of the date he signs this Plea Agreement. Finally, the defendant understands that his violation of the terms of this Plea Agreement wou►d not entitle him to withdraw his guilty plea. 20. This is the entire agreement and understanding between the United States and the defendant. There are no other agreements, promises, representations, or understandings. Date: By: R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Date: By: JEFFREY EPSTEIN, DEFENDANT Date: By: 7 US_Atty_Cor_0055 EFTA00235381 3 M=US60 1.90n 0911912007 10:39 AM To 'Jay Lefkcwitz' cc boc Subject RE: Draft Agreements? Hi Jay — Can you send me an update on where we arc? I assume that everyone will be off on Friday, 30 we need to have a final agreement by tomorrow so I can set up an arraignment on Monday. twill need to get the Information approved, file it with the Court, get a judge assigned, and get us on the calendar for an initial appearance and arraignment. Thank you. My a/c isn't workin so I am sitting in a different office. You can get me at or on my cell at . Also, if you want me to look at BOP regs regarding the camp issue, please let me know. Arlistant U.S. Attorney US_Atty_Cor_0056 EFTA00235382 11:1= 1.0on 09/19/2007 11:21 AM To "Jay Lefkowite cc bce Subject RE: Draft Agreements? - I don't know the factual basis for the alleged harassment of Iii because we have no independent evidence of that. So, the agents need to talk to them and then I can draft up a proposed factual proffer. I have sent an e-mail to and to determine their availability. Thanks. Assistant U.S. Attorney US_Atty_Cor_0057 EFTA00235383 bow 09/19/200711:48 AM To "Jay Lefkowite cc bee Subject RE: Draft Agreements? Alright, that is pretty much what I had written yesterday. Here is my suggestion: On 7, FBI Special Agents and traveled to the home of Lesley Groff to serve her with a federal grand jury subpoena in connection with an investigation pending in the Southern District of Florida. Ms. Groff works as the personal assistant of the defendant. Ms. Groff began speaking with the agents and then excused herself to go upstairs to check on her sleeping child. While upstairs, Ms. Groff telephoned the defendant, Jeffrey Epstein, and informed him that the FBI agents were at her home. This conversation occurred when Mr. Epstein was aboard his privately owned civilian aircraft in Miami in the Southern District of Florida. His pilot had filed a flight plan towing that the parties were about to return to Teterboro, New Jersey. After the conversation with Ms. Groff, Mr. Epstein became concerned would try to serve his traveling companions, gram, and with similar d ' subpoenas. the agents were preparing to serve Ms. and Ms. with target letters when the flight landed in Tete ro. Mr. Epstein then re-directed his airplane, making the pilot file a new flight plan to travel to the U.S. Virgin Islands instead of the New York City area, thereby kee in the Specialieits from serving the target letters on Ms. and Ms. . During t} a cowseoof that flight efendant verbally harassed both Ms. and Ms. harassing and pressuring them not to cooperate with the grand jury's investigation, thereby hindering and dissuading them from reporting the commission of a violation of federal law to law enforcement officers, namely, Special Agents of the FBI. MO Attorney US_Atty_Cor_0058 EFTA00235384 Messa From: .1(USAFLS1)" doj.govj Sent: 09/19/2007 11:18 AM AST To: Jay Lefkowitz Subject: RE: Draft Agreements? I - I chlaloaow the factual basis for the alleged harassment of IM and= because we have no independent evidence of that. So, the agents need to talk to them a n I ciliate up a proposed factual proffer. I have sent an e-mail to= and ME to determine their availability. Thanks. 1011. Attorney US_Atty_Cor_0059 EFTA00235385 ***** *St ****•************ ***************** ******* The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@leuldand.com, and destroy this communication and all copies thereof, including all attachments. ******************************•*********************** **•** US_Atty_Cor_0060 EFTA00235386 Ste. IIMISMIl@usdo 1.9ov> 09119/2007 01:29 PM To "Jay Letkowitz" cc boa Subject Meeting on Monday Hi Jay — We can start as early as you like on Monday. will join us at 10:00. We can meet here in our offices so I can make any necessary changes and get us over to the courthouse. EMS Assistant U.S. Attorney US_Atty_Cor_0061 EFTA00235387 r @usdoLgo 09720O007 03:52 PM *.. To "Jay Letkowile < cc < usdo. Karen N(USAFL.Slr bcc Subject Final version of Plea Agreement — EPSTEIN Hi Jay - I have attached the plea agreement as approved by the U.S. Attorney and the proposed information. If your client is going to accept the agreement, please let me know by noon tomorrow, so that I can file the Information, get a judicial assignment, and arrange an arraignment and change of plea for Monday. We also will need to set a time for the agents to interview Ms. =and Ms. =1.to finalize a factual proffer. Following the plea, Mr. Epstein will have at least 70 days before sentencing plus the time to self-surrender in order to get his affairs in order, including entering his guilty pleas to the state charges. mentioned that your client is considering returning to our original offer of just a state plea. If that is the case, the non-prosecution agreement that was provided to you last week will control. Again, we will need to receive a signed version by tomorrow if that is Mr. Epstein's decision. You can reach me on my cell phone at Thank you. <<070920 3.45 pm Plea Agreement 1512 camts.wpd>> <<070919 Information charging I 512.wpd>> Assistant U.S. Attorney West Palm Beach, FL 33401 «< Attachment '070020 3.45 tam Plea Agreement 1512 countsmadt US_Atty_Cor_0062 EFTA00235388 has been archived by user 'Commonatoreallkirkland-Ellis' on '11/2612007 01:16:02'. >>> «< Attachment'070flUigsrma0on charging 1512.wod' has been archived by user 'CommonStoratirfigridand-Eills' on '11/26/2002. 41:16:03',>» US_Atty_Cor_0063 EFTA00235389 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. UNITED STATES OF AMERICA vs. JEFFREY EPSTEIN, Defendant. I PLEA AGREEMENT The United States Attorney for the Southern District of Florida ("the United States"), and Jeffrey Epstein (hereinafter referred to as the "defendant") enter into the following agreement: 1. The defendant agrees to plead guilty to a two-count Information which charges that the defendant intentionally harassed two other persons, that is, and In, in an attempt to delay, prevent, and dissuade those persons from reporting to a law enforcement officer of the United States the commission of a federal offense; in violation of Title 18, United States Code, Sections 1512(dX2) and 2. 2. The defendant agrees and understands that the above charges involve his conduct, and the criminal conduct of others, between in and around early 2001 through in and around September 2007. This agreement resolves the federal criminal liability of the defendant and any co-conspirators in the Southern District of Florida growing out of any criminal conduct by those persons known to the United States Attorney's Office for the Southern District of Florida as of the date of this plea agreement. 1 US_Atty_Cor_0064 EFTA00235390 3. The United States agrees that, upon entry of the defendant's guilty plea, its Grand Jury investigation will be suspended, and all pending litigation between the parties will be held in abeyance unless and until the defendant violates any term of this agreement, as explained in paragraph 18, infra. Both parties agree to maintain their evidence inviolate until all of the terms of this agreement have been satisfied. 4. The defendant is aware that the sentence will be imposed by the Court after considering the Federal Sentencing Guidelines and Policy Statements (hereinafter "Sentencing Guidelines"). The defendant acknowledges and understands that the Court will compute an advisory sentence under the Sentencing Guidelines and that the applicable guidelines will be determined by the Court relying in part on the results of a Pre-Sentence Investigation by the Court's probation office, which investigation will commence after the guilty plea has been entered. The defendant is also aware that, under certain circumstances, the Court may depart from the advisory sentencing guideline range that it has computed, and may raise or lower that advisory sentence under the Sentencing Guidelines. The defendant is further aware and understands that the Court is required to consider the advisory guideline range determined under the Sentencing Guidelines, but is not bound to impose that sentence; the Court is permitted to tailor the ultimate sentence in light of other statutory concerns, and such sentence may be either more severe or less severe than the Sentencing Guidelines' advisory sentence. Knowing these facts, the defendant understands and acknowledges that the Court has the authority to impose any sentence within and up to the statutory maximum authorized by law for the offenses identified in paragraph 1 and that the defendant may not withdraw the plea solely as a result of the sentence imposed. 5. The defendant further understands and acknowledges that, as to each of Counts 1 and 2 of the Information, the Court may impose a statutory maximum term of imprisonment of up to one (1) year, to be followed by a term of supervised release of up 2 US_Atty_Cor_0065 EFTA00235391 to a maximum of one (1) year. In addition to terms of imprisonment and supervised release, the Court may impose a fine of up to $100,000 as to each count. 6. The defendant further understands and acknowledges that, in addition to any sentence imposed under paragraph 4 of this Agreement, a special assessment in the amount of $50 will be imposed on the defendant, which must be paid at or before the time of sentencing. 7. The defendant understands that the Court will order that he must pay full restitution to all victims of the offenseS to which he is pleading guilty. The defendant understands that the amount of restitution owed to each victim will be determined at or before sentencing. 8. The parties agree to jointly recommend that the defendant receive a sentence of eighteen (18) months' imprisonment, to be followed by one (1) year of supervised release, and a fine of $200,000. The parties' further agree to jointly recommend that the Court impose one year of home confinement as a special condition of supervised release. 9. The defendant agrees that, if any of the victims identified in the federal investigation file suit pursuant to 18 U.S.C. § 2255, the defendant 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 the defendant 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. The United States agrees to provide the defendant's attorneys with a list of the identified victims, which will not exceed forty, after the defendant has signed this agreement and has been sentenced. The United States further agrees to make a motion with the United States District Court for the Southern District of Florida for the appointment of a guardian ad litem for the identified victims and the defendant's counsel may contact the identified victims through that guardian. 3 US_Atty_Cor_0066 EFTA00235392 I0. The United States has reached this agreement with the defendant in response to the defendant's request to globally resolve his state and federal criminal liability. To do so, the defendant further understands and acknowledges that he must undertake certain actions with the State Attorney's Office for the 15th Judicial Circuit in and for Palm Beach County (hereinafter, "State Attorney's Office"). 11. In addition to entering a guilty plea in the instant case, the defendant agrees that, prior to his sentencing on the federal charges, he will plead guilty to an Information filed by the State Attorney's Office charging an offense for which the defendant must register as a sex offender, that is, solicitation of minors to engage in prostitution, in violation of Fl. Stat. 796.03. The defendant agrees that he will waive all challenges to the Information filed by the State Attorney's Office and waive the right to appeal his conviction and sentence in the state court. 12. The defendant agrees that he will make a binding recommendation that the 15th Judicial Circuit Court impose a sentence of at least eighteen (18) months' imprisonment to be followed by at least twelve (12) months of community controVhome confinement to be served upon the defendant's release from federal prison. The defendant further represents that he has had discussions with the State Attorney's Office, which has agreed to likewise make this recommendation. The sentences imposed by the 15th Judicial Circuit Court may tun concurrently with the federal sentence imposed pursuant to this agreement. 13. The defendant agrees to 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. 14. The defendant agrees that the timely completion of these actions is material to this agreement and is supported by independent consideration and that a breach of any one of these conditions allows the United States to elect to terminate the agreement and to 4 US_Atty_Cor_0067 EFTA00235393 investigate and prosecute the defendant for any and all federal offenses. 15. The United States reserves the right to inform the Court and the probation office of all facts pertinent to the sentencing process, including all relevant information concerning the offenses committed, whether charged or not, as well as concerning the defendant and the defendant's background, and to respond to any questions from the Court and the Probation Office and to any misstatements of fact or law. Subject only to the express terms of any agreed-upon sentencing recommendations contained in this Agreement, this Office further reserves the right to make any recommendation as to the quality and quantity of punishment. 16. The defendant is aware that the sentence has not yet been determined by the Court. The defendant also is aware that any estimate of the probable sentencing range or sentence that the defendant may receive, whether that estimate comes from the defendant's attorney, the government, or the probation office, is a prediction, not a promise, and is not binding on the government, the probation office or the Court. The defendant understands further that any recommendation that the government makes to the Court as to sentencing, whether pursuant to this agreement or otherwise, is not binding on the Court and the Court may disregard the recommendation in its entirety. The defendant understands and acknowledges, as previously acknowledged in paragraph 4 above, that the defendant may not withdraw his plea based upon the Court's decision not to accept a sentencing recommendation made by the defendant, the government, or a recommendation made jointly by both the defendant and the government. 17. WAIVER OF RIGHT TO APPEAL AND COLLATERALLY ATTACK THE SENTENCE. The defendant is aware that Title 18, United States Code, Section 3742 affords the defendant the right to appeal the sentence imposed in this case. Acknowledging this, in exchange for the undertakings made by the United States in this 5 US_Atty_Cor_0068 EFTA00235394 plea agreement, the defendant hereby waives all rights conferred by Section 3742 to appeal any sentence imposed, including any restitution order, or to appeal the manner in which the sentence was imposed, unless the sentence exceeds the maximum permitted by statute. The defendant further voluntarily and expressly waives, to the maximum extent permitted by federal law, the right to collaterally attack his sentence in any post-conviction proceeding, including a motion on any ground brought under 28 U.S.C. § 2254, 28 U.S.C. § 2255, 18 U.S.C. § 3572, or 18 U.S.C. § 3771. The defendant further understands that nothing in this agreement shall affect the government's right and/or duty to appeal as set forth in Title 18, United States Code, Section 3742(b). However, if the United States appeals the defendant's sentence pursuant to Section 3742(b), the defendant shall be released from the above waiver of appellate rights. By signing this agreement, the defendant acknowledges that he has discussed the appeal waiver set forth in this agreement with his attorney. 18. If the defendant fails in any way to fulfill each one of his obligations under this Plea Agreement, the United States, and only the United States, may elect to be released from its commitments under this Plea Agreement. If the United States elects to void the Plea Agreement because of a breach by the defendant, then the United States agrees not to use the defendant's guilty plea against him. However, the United States may prosecute the defendant for any and all Federal crimes that he has committed related to this case and may seek any sentence for such crimes up to and including the statutory maximums. The defendant expressly waives any statute of limitations defense and any constitutional or statutory speedy trial defense to such a prosecution, except to the extent that such a defense exists as of the date he signs this Plea Agreement. Finally, the defendant understands that his violation of the terms of this Plea Agreement would not entitle him to withdraw his guilty plea. 19. This is the entire agreement and understanding between the United States ti US_Atty_Cor_0069 EFTA00235395 and the defendant. There are no other agreements, promises, representations, or understandings. Date: By: Date: By: Date: By: Date: By: R. ALEXANDER ACOSTA UNITED STATES ATTORNEY ASSISTANT UNITED STATES ATTORNEY JEFFREY EPSTEIN, DEFENDANT ROY BLACK, ESQ. ATTORNEY FOR DEFENDANT GERALD LEFCOURT, ESQ. COUNSEL TO DEFENDANT 7 US_Atty_Cor_0070 EFTA00235396 09/20/2007 03:58 PM To 'Jay Leflcowite co bco Subject Epstein plea agreement Jay — there was one spacing problem with the last version. Here is the final. We have added Roy Black's name to a signature line so that a Florida attorney signs it and we don't have to worry about Pro Hac Vice motions. if you would prefer Jack Goldberger's name, please let me know. <<070920 3.45 pm Plea Agreement 1512 counts:wpd» Assistant U.S. Attorney West Palm Beach, FL 33401 «< Attachment '070112Q1,454/flleakmantent 1512soamsaipv halbeariarsh ityneamtntInfilore/IT/Kirkland-Ellis' on '11/26/2007 01:16:07, >» US_Atty_Cor_0071 EFTA00235397 1.9ov' 09/20/2007 05:35 PM To "Jay Lefkowite cc bcc Subject RE: Final version of Plea Agreement — El Try me on my cell. I will keep it with me. . Thanks. sis L 33401 nagusdol.gov> 05/20/2007 03.82 PM To cc \(USAFLST \(USAFLSV \(USAFLST Subjecflnal version of Ptea Agreement — EPSTEIN US_Atty_Cor_0072 EFTA00235398 Hi Jay — I have attached the plea agreement as approved by the U.S. Attorney and the proposed information. If your client is going to accept the agreement, please let me know by noon tomorrow, so that I can file the Information, get a judicial assignment, and arrange an arraignment and change of plea for Mondaya also will need to set a time for the agents to interview Ms. EM and Ms. to finalize a factual proffer. Following the plea, Mr. Epstein will have at least 70 days before sentencing plus the time to self-surrender in order to get his affairs in order, including entering his guilty pleas to the state charges. mentioned that your client is considering returning to our original offer of just a state plea. If that is the case, the non-prosecution agreement that was provided to you last week will control. Again, we will need to receive a signed version by tomorrow if that is Mr. Epstein's decision. 0 J You can reach me on my cell phone at «070920 3.46 pm Plea Agreement 1512 counts.wpd» «070919 Information charging 1512.wpd>> Assistant U.S. Attorney West Palm Beach, FL 33401 Thank you. US_Atty_Cor_0073 EFTA00235399 MISNSW Wow' 09/20/2007 06:43 PM To 'Jay LefkowIte cc bcc Subject RE: Ptee Agreement — EPSTEIN Jay -- The 18 and 12 has already been agreed to by our office, so that is not a problem. On the issue about IS USC 2255, we seem to be miles apart. Your most recent version not only had me binding the girls to a trust fund administered by the state court, but also promising that they will give up their 2255 rights. I reviewed the e-mail that I sent you on Sunday with the comments on some of your other changes. In the context of a non-prosecution agreement, the office may be more willing to be specific about not pursuing charges against others. However, as I stated on Sunday, the Office cannot and will not bind Immigration. Also, your timetable will need to move up significantly. Ass said in our meeting last week, his office can put together a plea agreement, information, and get you all before the judge on a change of plea within a day. I am headed out now, but you can get me on my cell or call me tomorrow in the office. Thank you. NM IMO 33401 Sir US_Atty_Cor_0074 EFTA00235400 11111111111 ***** 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 postmasterOkirkland.com, and destroy this communication and all copies thereof, including all attachments. US_Atty_Cor_0075 EFTA00235401 EFTA00235402 that is not a problem. On the issue about 18 USC 2255, we seem to be miles apart. Your most recent version not only had me binding the girls to a trust fund administered by the state court, but also promising that they will give up their 2255 rights. I reviewed the e-mail that I sent you on Sunday with the comments on some of your other changes. In the context of a non-prosecution agreement, the office may be more willing to be specific about not pursuing charges against others. However, as I stated on Sunday, the Office cannot and will not bind Immigration. Also, your timetable will need to move up significantly. As said in our meeting last week, his office can put together a pia agreement, information, and get you all before the judge on a change of plea within a day. I am headed out now, but you can get me on my cell or call me tomorrow in the office. Thank you. Assistant U.S. At am i len West Palm Beach FL 33401 Mir AMC 1.11111111M Thanks — Jay US_Atty_Cor_0077 EFTA00235403 ** ******************* *** ******* ***************** ****** 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 postmasterekirkland.com, and destroy this communication and all copies thereof, including all attachments. **** ****** ********** ***** *********** ****************** The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments. ****************************************************** US_Atty_Cor_0078 EFTA00235404 09/21/2007 11:49 AM To cc Doc Subject Re: Cal today I am happy to talk. My caveat is that in the middle of negotiations, u try to avoidundermining my staff by allowing "interlocutorty" appeals so to speak so I'd want on the call I'll have her set something up. Alex Sent from my SlackBerry Wireless Handheld inal Me ---- US_Atty_Cor_0079 EFTA00235405 11.11111111111IIMMIIIP 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 6 Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com. and destroy this communication and all copies thereof, including all attachments. US_Atty_Cor_0080 EFTA00235406 Ousdoj.govs- 09/21/2007 02:12 PM To %ley Legtowite Malian cc bcc Subject Revised Non-Prosecution Agreement ‘%. 1 Sink I tilit Hi Jay — Here is my attempt at combining our thoughts. I need to talk to the office about the immigration language before I put it in here. I know that we have not and don't plan to ask immigration to do that, but let me see if they are okay with including it in writing. I spent about an hour with a former corporate counsel from a hospital who now works here to go over the 2255 language. I think that the attached addresses the concern about having an unlimited number of claimed victims, without me trying to bind girls whom I do not represent. This language hasn't been approved by the office yet, so consider it a draft. These are all the same document, just in different formats. <<070921 Epstein Non-Prosecution Agreementwpd>> <<070921 Epstein Non-Prosecution Agreementdoc>> <-4070921 Epstein Non-Proseadlon Agreementpd*> Thanks. If you have any immediate thoughts before you leave, please let me know. MIMI ME Assistant U.S. Attorney West Palm Beach, FL 33401 «< Attachment '070921 Epstein Non-Prosecution Aareement.wpd' has been archived by user 'CommonStorefIT/Kirkland-Ellis' on '11/26/2007 01:17:28'. >>> «< Attachment '070921_EPetein Non-Prosecution Aoreementdod has teen archived by useriornimatritORKI E1102902112(M2. 01:17:28'. >>> US_Atty_Cor_0081 EFTA00235407 011 >>> <<< Attachment '070921 Epstein Non-Prosecution Aoreementocif hes been archived by user 'CommonStore/IT/Knkland-Ellis' on '11/2(W2007 01:17:29% >» US_Atty_Cor_0082 EFTA00235408 IN RE: INVESTIGATION OF JEFFREY EPSTEIN / NON-PROSECUTION AGREEMENT IT APPEARING that the City of Palm Beach Police Department and the State Attorney's Office for the 15th Judicial Circuit in and for Palm Beach County (hereinafter, the "State Attorney's Office") have conducted an investigation into the conduct of Jeffrey Epstein (hereinafter "Epstein"); IT APPEARING that the State Attorney's Office has charged Epstein with three counts of solicitation of prostitution, in violation of Florida Statutes Section 796.07; IT APPEARING that the United States Attorney's Office and the Federal Bureau of Investigation have conducted their own investigation of the offenses and Epstein's background; IT APPEARING that Jeffrey Epstein (hereinafter "Epstein") has committed offenses against the United States from in or around 2001 through in or around October 2005, including: (1) knowingly and willfully conspiring with others known and unknown to commit