Text extracted via OCR from the original document. May contain errors from the scanning process.
D
Case No.
vs.
JEFFREY EPSTEI
Defen
/
PLEA AGREEMENT
The United States Attorney for he Southern District of Florida ("the United States"),
and Jeffrey Epstein (hereinafter r
r
to as the "defendant") enter into the following
agreement:
1.
The defendant agrees to plead guilty to the Information which charges the
F
defendant as follows: Count 1 charges that the
endant 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,
rf
while in an airplane over the high seas, did knowingly commit
ple assault on a person
who was over the age of 16 years, that is, S.K.; in violation of Title 18, United States Code,
Section 113(a)(5).
2.
The defendant is aware that the sentence will be imposed by the Court after
considering the Federal Sentencing Guidelines and Policy Statements (hereinafter
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EFTA00771919
"Sentencing Guidelines"). The defendant acknowledges and understands that the Court will
compute an advisory sentence under the Sentencing Guidelines and that the applicable
guideli j
ill 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 t
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;
the Court is permitted to tailor the ulyit to 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 sentenc
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 es that, as to Count 1 of the
Information, the Court may impose a statutory maximum term of
prisonment 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
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EFTA00771920
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.
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 imposed 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
A
be
understands that the amount of res
ion owed to each victim will
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
ed by two (2) years of supervised
r
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
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EFTA00771921
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 litem 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 nob contendere) to an Information
filed by the Palm Beach County State Attorney's Office charging an offense for which the
defendant must regt
s 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 A (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
sentencing, and without pr
on or community control in lieu of
ad on
and
(b)
following the term of imprisonment, the defendant shall serve ten (10)
months of community control/home confinement with electronic
T
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
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EFTA00771922
of all proposed agreements with the Palm Beach County State Attorney's Office prior to
entering into those agreements.
D
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 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, whethe
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 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 recommendation made jointly
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EFTA00771923
by both the defendant and the government.
13.
THE S
NCE. 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 waiygs all rights conferred by Section 3742 to appeal any sentence
imposed, including
titution 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
A
at sentencing. The defendant furth
oluntarily 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 government's right and/or duty to appeal as set
forth in Title 18, United States Code, Section 3742(3). 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, thedefendant 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
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EFTA00771924
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 anyry 11 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 rosecution, except to the extent that such a defense exists as of the
date he signs this Ple
eement. 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
A
the defendant. There are no other ag
ents, promises, representations, or understandings.
Date:
By:
UNITE
TATES ATTORNEY
Date:
By:
T
Date:
By:
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EFTA00771925