EFTA00193954

Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Monday, June 18, 2007 5:04 PM To: Menchel, Matthew (USAFLS); Sloman, Jeff (USAFLS); Lourie, Andrew (USAFLS); Atkinson, Karen (USAFLS) Subject: Epstein I just received a call from the FBI telling me that Vanity Fair is sniffing around again. The reporter is a former detective. He told the FBI agent that his sources tell him "the State has been bought off," and asked if our investigation had been sent to "the circular file." Nesbitt responded, "All I can tell you is that we have an open investigation." On another note, I am going to see the grand jury tomorrow and I anticipate a number of questions regarding the status of the indictment. I'm not sure what, if anything, I can tell them. And I did not hear back regarding making changes to the indictment. Can I get some feedback on that? Thank you. A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Tracking: 128 EFTA00193954 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Thursday, June 21, 2007 3:24 PM To: Menchel, Matthew (USAFLS) Subject: RE: Meeting Next Week Sounds good. I will stop by on Monday afternoon. Could you just let you assistant know that I may be stopping by to get a copy of whatever the defense sends over? Thanks. A. Marie Valeria Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Menchel, Matthew (USAFLS) Sent: Thursday, June 21, 2007 2:58 PM To: Villafana, Ann Marie C. (USAFLS) Cc: Lourle, Andrew (USAFLS) Subject: RE: Meeting Next Week Meeting on Monday is fine. I have meetings with Alex and Jeff till around 11 but after that I'm free. As for who is going to be at the meeting from our side, I thought you, me, Andy, and Jeff. I thought it best to leave Alex out of it at this venture. As for the Epstein camp, I'm not entirely sure because I don't think Lily was sure last time we spoke. Probably her, Lefcourt, Black and maybe Lewis. Lily told me that they wanted to present something in writing before the meeting which was why she was pushing us for the statutes. I view the-meeting more as-us-listening and them-presenting their-position so-twould say that-you don't— need to prepare anything (you are quite knowledgeable on the law in any event) but if you disagree we can discuss on Monday. As for the documents that they have yet to produce, I'll mention it to Lily if you like or we can raise it with them at the Tuesday meeting. From: Vlllafana, Ann Marie C. (USAFLS) Sent: Thursday, June 21, 2007 1:37 PM To: Menchel, Matthew (USAFLS) Cc: Atkinson, Karen (USAFLS); McMillan, John (USAFLS); Lourie, Andrew (USAFLS); Slornan, Jeff (USAFLS) Subject: Meeting Next Week Importance: High Hi Matt: I would like to prepare for next week's meeting, and I am wondering if you can tell me who will attend, both from our side and for Mr. Epstein. I am hoping that we can meet on Monday to discuss any issues and/or strategy before the meeting on Tuesday, so please let me know when you will be available on Monday. 114 EFTA00193955 EFTA00193956 "Sloman, Jeff (USAFLS)" <Jeff.Sloman@usdoj.gov> 11/27/2007 01:55 PM To "Jay Lefkowitz" <JLefkowitz@kirkland.com> cc "Acosta, Alex (USAFLS)" <Alex.Acosta@usdoj.gov> Subject Epstein Jay, Please accept my apologies for not getting back to you sooner but I was a little under the weather yesterday. I hope that you enjoyed your Thanksgiving. Regarding the issue of due diligence concerning Judge ' selection, I'd like to make a few observations. First, Guy Lewis has known for some that Judge was making reasonable efforts to secure Aaron.Podhurst and Bob Josephsberg for this assignment. In fact, when I told you of Judge selection during our meeting last Wednesday, November 21st, you and Professor Dershoilli!!!med very comfortable, and certainly not surprised, with the selection. Podhurst and Josephsberg are no strangers to nearly the entire Epstein defense team including Guy Lewis, Lili Ann Sanchez, Roy Black, and, apparently, Professor Dershowitz who said he knew Mr. Josephsberg from law school. Second, Podhurst and Josephsberg have long￾standing stellar reputations for their legal acumen and ethics. It's hard for me to imagine how much more vetting needs to be done. The United States has a statutory obligation (Justice for All Act of 2004) to notify the victims of the anticipated upcoming events and their rights associated with the agreement entered into by the United States and Mr. Epstein in a timely fashion. Tomorrow will make one full week since you were formally notified of the selection. I must insist that the vetting process come to an end. Therefore, unless you provide me with a good faith objection to Judge selection by COB tomorrow, November 28, 2007, I will authorize the notification of the victims. Should you give me the go-ahead on Podhurst and Josephsberg selection by COB tomorrow, I will simultaneously send you a draft of the letter. I intend to notify the victims by letter after COB Thursday, November 29th. Thanks, Jeff *********************************************************** The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments. **************** ******* ************************iii********* 3 EFTA00193957 EFTA00193958 back to work after the Thanksgiving Holiday, and yet your demands regarding timing suggest that I have been sitting on my hands for days. You should know that the first time I learned about Judge selection of Podhurst and Josephsberg, and indeed the first time I ever heard their names, was in our meeting with you on Wednesday of last week. Nevertheless, I have now been able to confer with my client, and we have determined that the selection of Podhurst and Josephsberg are acceptable to us, reserving, of course, our previously stated objections to the manner in which you have interpreted the section 2255 portions of the Agreement. We do, however, strongly and emphatically object to your sending a letter to the alleged victims. Without a fair opportunity to review and the ability to make objections to this letter, it is completely unacceptable that you would send it without our consideration. Additionally, given that the US Attorney's office has made clear it cannot vouch for the claims of the victims, it would be incendiary and inappropriate for your Office to send such a letter. Indeed, because it is a certainty that any such letter would immediately be leaked to the press, your actions will only have the effect of injuring Mr. Epstein and promoting spurious civil litigation directed at him. We believe it is entirely unprecedented, and in any event, inappropriate for the Government to be the instigator of such lawsuits. Finally, we disagree with your view that you are required to notify the alleged victims pursuant to the Justice for All Act of 2004. First, 18 USC section 2255, the relevant statute under the Non-Prosecution Agreement for the settlement of civil remedies, does not have any connection to the Justice for All Act. Section 2255 was enacted as part of a different statute. Second, the Justice for All Act refers to restitution, and section 2255 is not a restitution statute. It is a civil remedy. As you know, we had offered to provide a restitution fund for the alleged victims in this matter; however that option was rejected by your Office. Had that option been chosen, we would not object to your notifying the alleged victims at this point. At this juncture, however, we do not accept your contention that there is a requirement that the government notify the alleged victims of a potential civil remedy in this case. Accordingly, for all the reasons we have stated above, we respectfully -- and firmly -- object to your sending any letter whatsoever to the alleged victims in this matter. Furthermore, if a letter is to be sent to these individuals, we believe we should have a right to review and make objections to that submission prior to it being sent to any alleged victims. We also request that if your Office believes that it must send a letter to go to the alleged victims, who still have not been identified to us, it should happen only after Mr. Epstein has entered his plea. This letter should then come from the attorney representative, and not from the Government, to avoid any bias. As you know, Judge Starr has requested a meeting with Assistant Attorney General Fisher to address what we believe is the unprecedented nature of the section 2255 component of the Agreement. We are hopeful that this meeting will take place as early as next week. the Accordingly, we respectfully request that we postpone our discussion of sending a letter to letter alleged victims until after that meeting. We strongly believe that rushing to send any will not out this week is not the wisest manner in which to proceed. Given that Mr. Epstein even enter his plea for another few weeks, time is clearly not of the essence regarding any notification to the identified individuals. Thanks very much, Jay 2 EFTA00193959 EFTA00193960 Villafana, Ann Marie C. (USAFLS) From: Lourie, Andrew Sent: Wednesday, November 28, 2007 5:02 PM To: Villafana, Ann Marie C. (USAFLS); Oosterbaan, Andrew Cc: Garcia, Rolando (USAFLS) Subject: Re: Epstein Ok thx. Would you send me your last proposed nonpros with them with the 2255 language? Original Message From: Villafana, Ann Marie C. (USAFLS) <Ann.Marie.C.Villafana@usdoj.gov> To: Lourie, Andrew; Oosterbaan, Andrew Cc: Garcia, Rolando (USAFLS) <RGarciarglusa.doj.gov> Sent: Wed Nov 28 16:48:48 2007 Subject: FW: Epstein Hi Andy and Drew -- This is the first that I have heard about another attempt to meet with someone in Washington. I thought I would give you a heads up. Hope all is well, Andy. A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Original Message From: Sloman, Jeff (USAFLS) Sent: Wednesday, November 28, 2007 4:35 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Fw: Epstein Marie, Can u send Jay the proposed letter and redact the names? Thx, Jeff Sent from my BlackBerry Wireless Handheld Original Message From: Jay Lefkowitz <JLefkowitzekirkland.com> To: Sloman, Jeff (USAFLS) Cc: Acosta, Alex (USAFLS) Sent: Wed Nov 28 16:29:09 2007 Subject: Re: Epstein Dear Jeff: letter, given I received the fact your that email yesterday and was a little surprised at the tone of your meeting. I was especially we spoke last week and had what I thought was a productive surprised given that your letter arrived on only the second day EFTA00193961 EFTA00193962 Thelinited States has a statutory obligation (Justice for All Act of 2004) to notify the victims of the anticipated upcoming events and their rights associated with the agreement full entered into by the United States and Mr. Epstein in a timely fashion. Tomorrow will make one week since you were formally notified of the selection. I must insist that the vetting Judge process come to an end. Therefore, unless you provide me with a good faith objection to of selection by COB tomorrow, November 28, 2007, I will authorize the notification tomorrow, the victims. I Should you give me the go-ahead on Podhurst and Josephsberg selection by COB victims will simultaneously send you a draft of the letter. I intend to notify the by letter after COB Thursday, November 29th. Thanks, Jeff The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmastentkirkland.com, and destroy this communication and all copies thereof, including all attachments. 3 EFTA00193963 EFTA00193964 that civil there'is remedy in a'requirement this that the government notify the alleged victims of a potential case. -- object .Accordingly, to your sending for all any the reasons we have stated above, we respectfully -- and firmly Furthermore, if a letter letter whatsoever to the alleged victims in this matter. right to review and make objections is to be sent to these individuals, we believe we should have a victims. We also request to that submission prior to it being sent to any alleged the alleged victims, who still that if your Office believes that it must send a letter to go to Mr. Epstein has entered his have not been identified to us, it should happen only after representative, plea. This letter should then come from the attorney and not from the Government, to avoid any bias. Fisher to As address you know, what Judge we Starr has requested a meeting with Assistant Attorney General of the Agreement. We are believe is the unprecedented nature of the section 2255 component Accordingly, we respectfully hopeful that this meeting will take place as early as next week. the alleged victims until after request that that we postpone our discussion of sending a letter to letter out this week is not the meeting. We strongly believe that rushing to send any will not even enter his plea wisest manner in which to proceed. Given that Mr. Epstein regarding any notification for another few weeks, time is clearly not of the essence to the identified individuals. Thanks very much, Jay "Sloman, Jeff (USAFLS)" <Jeff.Sloman@usdoj.gov> 11/27/2007 01:55 PM To "Jay Lefkowitz" (JLefkowitz@kirkland.com> cc "Acosta, Alex (USAFLS)" (Alex.Acosta@usdoj.gov> Subject Epstein Jay, Please accept my apologies for not getting back to you sooner but I was a little under the weather yesterday. I hope that you enjoyed your Thanksgiving. Regarding the issue of due diligence concerning Judge selection, I'd like to make a few observations. First, Guy Lewis has known for some What Judge IIIII was making reasonable efforts to secure Aaron Podhurst and Bob Josephsberg for this assignment. In fact, when I told you of Judge selection during our meeting last Wednesday, November 21st, you and Professor Dershowitz seemed very comfortable, and certainly not surprised, with the selection. Podhurst and Josephsberg are no strangers to nearly the entire Epstein defense team including Guy Lewis, Lili Ann Sanchez, Roy Black, and, apparently, Professor Dershowitz who said he knew Mr. Josephsberg from law school. Second, Podhurst and Josephsberg have long￾standing stellar reputations for their legal acumen and ethics. It's hard for me to imagine how much more vetting needs to be done. 2 EFTA00193965 EFTA00193966 Villafana, Ann Marie C. (USAFLS) From: Sloman, Jeff (USAFLS) Sent: Wednesday, November 28, 2007 4:35 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Fw: Epstein Marie, Can u send Jay the proposed letter and redact the names? Thx, Jeff Sent from my BlackBerry Wireless Handheld Original Message From: Jay Lefkowitz <JLefkowitz@kirkland.com> To: Sloman, Jeff (USAFLS) Cc: Acosta, Alex (USAFLS) Sent: Wed Nov 28 16:29:09 2007 Subject: Re: Epstein Dear Jeff: letter, given I received the fact your email yesterday and was a little surprised at the tone of your meeting. I was especially that we spoke last week and had what I thought was a productive back to work after the Thanksgiving surprised given that your letter arrived on only the second day that I have been sitting Holiday, and yet your demands regarding timing suggest on my hands for days. Podhurst You and should Josephsberg, know that the first time I learned about Judge selection of meeting with you on Wednesday and indeed the first time I ever heard their names, was in our with my client, and we have of last week. Nevertheless, I have now been able to confer acceptable to us, reserving, determined of that the selection of Podhurst and Josephsberg are which you have interpreted the course, our previously stated objections to the manner in section 2255 portions of the Agreement. alleged victims. We do, however, Without strongly a fair and emphatically object to your sending a letter to the opportunity to review and the ability to make objections to Additionally, this letter, it given is completely that the unacceptable that you would send it without our consideration. US Attorney's office has made clear it cannot vouch for the claims of the victims, it would be incendiary and inappropriate for your Office to send such a letter. Indeed, because it is a certainty that any such letter would immediately be leaked to the press, your actions will only have the effect of injuring Mr. Epstein and promoting spurious civil litigation directed at him. We believe it is entirely unprecedented, and in any event, inappropriate for the Government to be the instigator of such lawsuits. Finally, we disagree with your view that you are required to notify the alleged victims pursuant to the Justice for All Act of 2004. First, 18 USC section 2255, the relevant statute under the Non-Prosecution Agreement for the settlement of civil remedies, does not have any connection to the Justice for All Act. Section 2255 was enacted as part of a different statute. Second, the Justice for All Act refers to restitution, and section 2255 is not a restitution statute. It is a civil remedy. As you know, we had offered to provide a restitution fund for the alleged victims in this matter; however that option was rejected by your Office. Had that option been chosen, we would not object to your notifying the alleged victims at this point. At this juncture, however, we do not accept your contention EFTA00193967 Gmail - (no subject) Page 1 of 1 Ann Marie Villafa (no subject) 1 message Jay Lefkowitz< JLefkowitz kirkland.co > To: "Marie Villafana, An Marie - I will call you as soon as the show ends. Jay ********************* ******** ************* ********* ******** 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. ************* ******** ******ft*** ********* ************* ***** Sun, Sep 16, 2007 at 12:25 PM EFTA00193968 Gmail - Re: Page 3 of 3 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. ************* ******* ***********4************** ******* ****** The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments. ************* ***** *********** ***** ************** ****** ***** EFTA00193969 Gmail - Re: Page 2 of 3 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 I'm not sure that it belongs in a plea agreement, especially since I can't bind the court on that issue. However, I can assure you, and we can put it on the record during the plea 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 Olen _T_he_tttree.of.us sit_down and .discuss_things,.._..__ and I will facilitate as much as I can getting the girls' approval of this procedure because, as I mentioned, I think it is probably in their best interests. In terms of plea agreement language, let me suggest the following: The United States agrees to make a motion seeking the appointment of a Guardian ad Litem to represent the identified victims. Following the appointment of such Guardian, the parties agree to work together in good faith to develop a Trust Agreement, subject to the Court's approval, that would provide for any damages owed to the identified victims pursuant to 18 U.S.C. Section 2255. Then include the last two sentences of your paragraph 8. Re the two paragraphs following your paragraph 8: I will include our standard language regarding resolving all criminal liability and I will mention "co-conspirators," but I would prefer not to highlight for the judge all of the other crimes and all of the other persons that we could charge. Also, we do not have the power to bind Immigration and we make it a policy not to try to, however, I can tell you that, as far as I know, there is no plan to try to proceed on any immigration charges against either Ms. Ross or Ms. Marcinkova. Also, on the grand jury subpoenas, I can prepare letters withdrawing them as of the signing of the plea agreement, but I would prefer to take out that language. In my eyes, once we have a plea agreement, the grand jury's investigation has ended and there can be no more use of the grand jury's subpoena power. EFTA00193970 Gmail - Re: Page 1 of 3 Gm ail bi cansk Ann Marie Villafana Re: message Jay Lefkowitz< JLefkowi z kirkland To: "Marie Villafana, Ann • Sun, Sep 16, 2007 at 4:08 PM Ok. Hard to respond this second. But I think we are getting there. Will call later. Thx Original Message From: "Ann Marie Villafana Sent: 09/16/2007 03:54 PM To: Jay Lefkowitz 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 Andy and he still doesn't like the factual basis. In his opinion, the plea should only address the crimes that we were addressing, and we were not investigating Mr. Epstein abusing his girlfriend. • So, these are the only options that he recommended: 1. We go back to the original agreement where Mr. Epstein pleads only to state charges and serves his time in the state, except that we can agree to only 18 months imprisonment. 2. Mr. Epstein pleads guilty to the state charges and also pleads to either two obstruction counts or to one count of violating 47 USC 223(a)(1)(B), with a joint non-binding recommendation of 18 months, so that Mr. Epstein can serve his time federally. 3. (My suggestion only, not Andy's): I go back to the U.S. Attorney and ask him to agree to an ABA-plea to a 371 count (conspiracy 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 plead guilty and be sentenced after serving his federal time. Andy recommended that some of the timing issues be addressed only in the state agreement, so that it isn't obvious to the judge that we are trying to create federal jurisdiction for prison purposes. My understanding is that Mr. Epstein should sign a state plea agreement, plead guilty to the federal offenses, plead guilty to the state offenses, be sentenced on the federal offenses, and then be sentenced on the state offenses, and then start serving the federal sentence. EFTA00193971 Gmail - Re: Page 3 of 3 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. ***************************** ********* ********** ***** ****** 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. ...*******.****** ***** **************************.***********_..._ EFTA00193972 Gmail - Re: Page 2 of 3 we are trying to create federal jurisdiction for prison purposes. My understanding is that Mr. Epstein should sign a state plea agreement, plead guilty to the federal offenses, plead guilty to the state offenses, be sentenced on the federal offenses, and then be sentenced on the state offenses, and then start serving the federal sentence. Re your paragraph 3: As to the reservation of Mr. Epstein's right to withdraw his state plea or to appeal his state plea or sentence, that is fine, but we need the caveat that, if he were to do so, the United States could proceed on our charges. Re your paragraph 6: With respect to the waiver of the right to appeal the federal sentence, given the way we have drafted the information, it is possible that getting to the 18 month sentence will require an upward departure. The version of the agreement that you were working from is a federal non-prosecution agreement, the ones I have sent you recently are plea agreements that get filed with the court. Please see if the appeal waiver language in those versions is alright. Re your paragraph 7: As I mentioned, we will not waive the presentence investigation. I know that this will delay Mr. Epstein's sentencing by 70 days, but that will allow him to get all of his affairs in order. As to bail, it will be set at the time of arraignment, and we can work out a joint recommendation regarding the amount and its limitations. I have no objection to making a joint recommendation that Mr. Epstein remain out on bond pending his sentencing, but I'm not sure that it belongs in a plea agreement, especially since I can't bind the court on that issue. However, I can assure you, and we can put it on the record during the plea 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, and I will facilitate as much as I can getting the girls' approval of this procedure because, as I mentioned, I think it is probably in their best interests. In terms of plea agreement language, let me suggest the following: The United States agrees to make a motion seeking the appointment of a Guardian ad Litem to represent the identified victims. Following the appointment of such Guardian, the parties agree to work together in good faith to develop a Trust Agreement, subject to the Court's approval, that would provide for any damages owed to the identified victims pursuant to 18 U.S.C. Section 2255. Then include the last two sentences of your paragraph 8. Re the two paragraphs following your paragraph 8: I will include our standard language regarding resolving all criminal liability and I will mention "co-conspirators," but I would prefer not to highlight for the judge all of the other crimes and all of the other persons that we could charge. Also, we do not have the power to bind Immigration and we make it a policy not to try to, however, I can tell you that, as far as I know, there is no plan to try to proceed on any immigration charges against either Ms. Ross or Ms. Marcinkova. EFTA00193973 Gmail - Re: Page 1 of 3 Re: 1 message Ann Marie VillafanSIMMINIMMIE Jay Lefkowitz< JLefkowitz@kirkland.com> To: "Marie Villafana, An Sun, Sep 16, 2007 at 5:50 PM Marie - left message for Nat re Leslie. Roy will call you in am tomorrow re rescheduling the hearing and dealing the Riley and the other GJ subpoenas. You have my commitment regarding the extension issue. Thx Original Message From: "Ann Marie Villafana Sent: 09/16/2007 03:54 PM To: Jay Lefkowitz 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 Andy and he still doesn't like the factual basis. In his opinion, the plea should only address the crimes that we were addressing, and we were not investigating Mr. Epstein abusing his girlfriend. —So, these are the-only-options-that-he recommended:- - 1. We go back to the original agreement where Mr. Epstein pleads only to state charges and serves his time in the state, except that we can agree to only 18 months imprisonment. 2. Mr. Epstein pleads guilty to the state charges and also pleads to either two obstruction counts or to one count of violating 47 USC 223(a)(1)(B), with a joint non-binding recommendation of 18 months, so that Mr. Epstein can serve his time federally. 3. (My suggestion only, not Andy's): I go back to the U.S. Attorney and ask him to agree to an ABA-plea to a 371 count (conspiracy 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 plead guilty and be sentenced after serving his federal time. Andy recommended that some of the timing issues be addressed only in the state agreement, so that it isn't obvious to the judge that EFTA00193974 Gmail - Re: Draft Agreement Page 2 of 2 Agreement (without Term 1) (Redlined).doc" deleted by Jay Lefkowitz/New York/Kirkland-Ellis] **********************************Itt*********************** . 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 corrimunication 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 postrriaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments. it*************** ******* **********Itint*********************** EFTA00193975 Gmail - Re: Draft Agreement Page 1 of 2 Gnali b,G003k Ann Marie VillafanaellIMIMI Re: Draft Agreement 1 message Jay Lefkowitz< JLefkowitz@kirkland.com> Sun, Sep 23, 2007 at 1:57 PM To: Ami Sheth <ASheth@kirkland.com>, "Villafana, Ann Marie C. USAFLS " <Ann.Marie.C.Villafana@usdoj.gov>, "Marie Villafana, Ann Marie - if 2 pm doesn't work, can we arrange to go through the entire document at 5 pm?. Thanks. Jay Original Message From: Ami Sheth Sent: 09/23/2007 01:56 PM EDT To: "Villafana, Ann Marie C. \(USAFLS\)" Ann.Marie.C.Villafana usdd QV]; Cc: Jay Lefkovvitz Subject: Draft Agreement Marie - Jay is having some computer trouble and asked me to send this e-mail to you. Attached is a draft for discuslion purposes aryour convenience for s`ome time this afternoon. It does not include Term 1 of the • agreement, but it reflects all the issues we would like to discuss with you. Please let Jay know when you are available to speak. Thank you. Sincerely, Ami Ami H. Sheth* I Kirkland & Ellis LLP Citigroup Center 153 East 53rd Street I New York NY 10022 I Direct I Fax as eth@lur and.corn *Admission Pending in New York [attachment "20070923 Draft of Epstein Non-Prosecution EFTA00193976 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 Agreement and agrees to comply with them. Dated: Dated: Dated: JEFFREY EPSTEIN . GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN • R. ALEXANDER ACOSTA UNITED STATES ATTORNEY EFTA00193977 Epstein's fulfilling the terms and conditions of the Agreement resolves any and all outstanding federal grand jury subpoenas that have requested witness testimony and/or the production of documents and/or computers in relation to the investigation that is the subject of the Agreement. Each subpoena will be withdrawn upon the execution of the Agreement and will not be re-issued absent reliable evidence of a violation of the Agreement. Epstein and his counsel agree that the computers that are currently under subpoena will be safeguarded in their current condition by Epstein's counsel or their agents until the terms and conditions of the Agreement are fulfilled. Provided that Epstein does not breach this agreement, the Government agrees that it will not seek to initiate federal investigation or prosecution for conduct subject to this agreement. 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 tuidertake discussion with the State Attorney's Office to ensure compliance with these procedures, which compliance will be neePssary to satisfy the. United States' interest, 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 listed above at pg 1. 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® 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. EFTA00193978 acknowledging his right to appeal under 18 U.S.C. § 3742, hereby waives the rights contested by § 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 or is the result of an upward departure or upward variance from the guideline range that the Court establishes at sentencing. 7. Epstein shall enter his guilty plea to the federal Information no later than November 5, 2007. Epstein and the Government agree to submit an agreed statement of facts in lieu of the Pre-Sentence Investigation Report, which chart be waived, and Epstein and the Government agree 'that sentence shall be imposed on the date of plea, that Epstein be released on bail, that travel shall not be restricted during the period of bail and that Epstein be permitted to self- • report to the facility designated by the United States . Bureau of Prisons to commence his sentence 75 days 'after sentencing. Epstein and the Government further agree that the Government shall not object to Epstein's request that the' • Court recommend to the Bureau of Prisons that Epstein be designgited to serve his sentence at a federal prison camp; and . • '8. Epstein agrees to fund a Trust set up in concert with the Government and under the supervision of the 15th Judicial Circuit in and for Palm Beach County. Epstein agrees that a Trustee will be appOinted by the Circuit Court and that• funds from the Trust will be available to be disbursed at the Trustee's discretion to an agreed list of persons who seek reimbursement and make a good faith showing to the Trustee that they suffered injury as a result of the conduct of Epstein. Epstein waives his right to contest liability or damages up to an amount agreed to by the parties for any settlements entered into by the Trustee. • Epstein's waiver is not to be construed as an admission •of civil or criminal liability in regards to any of those who seek compensation from the Trust. After timely fulfilling the terms and conditions of this Agreement, the United States agrees that no prosecution will be instituted or initiated against Epstein for any and all criminal charges which might otherwise in the future be brought against Epstein that arise out of the ongoing FBI.federal investigation for offenses that include but are not limited to those listed above that could be brought under 18 U.S.C. §2423(b),(e) and (f), 18 U.S.C. §2422(b), 18 U.S.C. §1591 or conspiracies or attempts to violate such statutes or for any other offense that is or has been the subject of the federal investigation being conducted by the Federal Bureau of Investigations and/or the United States Attorney's Office. Epstein's fulfilling the terms and conditions of the Agreement also precludes the initiation of any and all criminal charges which might otherwise in the future be brought against Sarah Kellen, Adriana Ross, Lesley Groff, and Nadia Marcinkova or any employee of N.E.S. for any criminal charge that arises out of the ongoing federal investigation as described above; Further, no immigration "proceeding will be instituted against Ross or Marcinkova as a result of the ongoing investigation EFTA00193979 Terms of the Agreement: 1. Epstein shall plead guilty to the irc'minal charge in the Indictment as currently pending against him in the 15th Judicial Circuit in and for Palm Beach County and in addition shall plead guilty to a 1 count Information filed by the State Attorney's Office charging a violation of the following Florida Statute: Procuring person under age of 18 for prostitution in violation of F.S.A. § 796.03. 2. Epstein and the State Attorney's Office shall make a joint, binding recommendation that the Court impose a sentence as follows: (a) Epstein shall enter a plea agreement with the State Attorney's Office forthwith and thereafter enter his plea of guilty to the Indictment (Case # 2006c1009495A3OCX/v1B) on a date after the date of imposition of his federal sentence as described in paragraph 5 and 6, infra but before the beginning of his term of federal imprisonment Epstein shall thereafter be required to enter his plea of guilty to the Information within 7 days after the completion of his federal term of imprisonment. (b) Following the term of federal imprisonmenttpatein shall be placed on three (3) years probation. (c) As a special condition to that probation, Epstein will serve the first (1) year in community control. (d) Following community control, Epstein shall serve the remaining two (2) years of Probation on the charge that presently pending bathe state Indictment 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 unless the Court imposes a sentence that exceeds the terms of the joint recommendation in which case Epstein reserves the right to withdraw his plea and to exercise at his sole election any other right to appeal 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 shall plead guilty to an Information Charging one (1) count charging a violation of 18 USC 1512(d) and one (1) count charging simple assault within the maritime and territorial jurisdiction of the United States in violation of 18 USC §113(aX5) and 18 USC §7(5). 6. Epstein and the Government shall make a joint recommendation that the Court impose the maximum sentence of • eighteen (18) months. Epstein, EFTA00193980 In Re: Investigation of Jeffrey Epstein 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 (heieinafter "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 to the United States Attorney's Office and the Federal Bureau of Investigation that Epstein may have committed offenses against the United States fiom in • or around 2001 through in or around October 2005, including: (1) knowingly and willfully conspiring•with others known and unknown to commit offenses against the United States, in violation of Title 18, United States Code, Section 2422(b) and 2423(6); all in violation of Title 18, United States Code, Section 371 and 18 USC 2423(e); and (2) knowingly and willfully violating 18 USC 2422(b) and 2, 18 USC 2423(6), and 18 USC 1591(a)(1),(2); TT 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 of these offenses shall lie deferred in favor of prosecution by the State of Florida and prosecution of violations of 18 USC 1512(d) and 18 USC 371, 113(a)(5) by the United States, provided that Epstein abides by the following conditions and the requirements of this Agreement set forth below. Should Epstein be proven to have violated any of the conditions of this Agreement, the United States Attorney may at any time initiate prosecution against Epstein for any offense listed above. In this case, the United States Attorney will furnish Epstein with notice specifying the conditions of the Agreement that he has violated. EFTA00193981 Gmail - Page 1 of 1 Q NR Ann Marie Villafana Fw: 1 message Jay Lefkowitz< JLefkowitz kirkland.com> Sun, Sep 16, 2007 at 12:07 PM To: "Marie Villafana, Ann" Marie - I would like you to take a look at these suggestions in the meantime. I tried to follow your format. I have not yet cleared all of this with my client. Thx Original Message From: jplefkowitz Sent: 09/16/2007 11:58 AM AST To: Jay Lefkowitz Email and AIM finally together. You've gotta check out free AOL Mail! - http://mail.aol.com *********************************************************** The 'affirmation contained in this commu nnnnnnnnn is corifidefitial; may be attorney-0liebt￾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. **Irk ******* ********* ***** ***************.******************* epstein.doc 34K EFTA00193982 By signing this agreement, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he understand the conditions of this Non-Prosecution Agreement and agrees to comply with them. R. ALEXANDER ACOSTA • UNITED STATES ATTORNEY Dated: By: Dated: Dated: A. MARIE VILLAPARA ASSISTANT U.S. ATTORNEY JEFFREY EPSTEIN . • GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN Dated: - JACK GOLDBERGER, ESQ. ATTORNEY FOR JEFFREY EPSTEIN Jist 6 cr3 6 EFTA00193983 agreement, all outstanding grand jury subpoenas shall be deemed withdrawn.. 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 and any other individual or entity 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 speddy 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 as to those offenses that were the subject of the grand jury's investigation. Epstein further asserts and certifies that he understands that the Fifth Amendment and Rule 7(a) of the Federal Rules of Criminal Procedure ptovide that all felomes must be charged m an mdfdmenrpreseriEd t grand jury. Epstein herOV agrees and consents that, if a prosecution against him is instituted for any offense that was the subject of the grand jury's investigation, 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. • /// /// /// _firs 5 aa 6 EFTA00193984 identified victim and Epstein. Notwithstanding this waiver, as to those individuals whose names appear on the list provided by the United• States, Eyitein's signature on this 'agreement is not to be construed as an admission of any criminal or civil liability other than that contained in 18 U.S.C. § 2255. 8. Epstein's signature on this agreement also is not to be construed as an admission of civil or *criminal liability or a waiver of any jurisdictional or other defense as to any pe'rscin whose name does not appear on the list provided by the United States. . 9. Epstein shall enter his guilty plea and be sentenced not later.than October .19, 2007, and shall self-report to begin serving his sentence not later than December 10, 2007. 10. Epstein agrees that he will not be afforded, any benefits with respect to gain time, other than the rights, opportunities, and benefits as any other inmate, including but not limited to, eligibility for gain time credit based on standard rules and regulations that apply in the State of Florida. At the United States' request, Epstein agrees to provide an account of the gain time he earned during his period of incarceration. Epstein understands that the United States Attorney has no authority to require the State Attorneys 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 willrnecessary to satisfy the United States' interest, pursuant to the Petite policy. In consideration of Epstein's agreement to plead guilty and to provide compensation in the manner described above, if Epstein successfully fulfills all of the terms and conditions of this agreement, the United States also agrees that it will not institute any criminal charges again any potential co-conspirator of Epstein, including but not limited to Sarah Kellen, Adriana Ross, Lesley Grog or Nadia Marcinkova. Further, upon execution. of this agreement and .a plea agreement with the State Attorney's Office, the federal Grand Jury investigation will be suspended, and all pending federal Grand Jury subpoenas will be held in abeyance unless and until the defendant violates any term • of this agreement. The defendant likewise agrees to withdraw his pending motion to intervene and to quash certain grand jury subpoenas. Both parties agree to maintain their evidence, including certain computer equipment, inviolate until all of the terms of this agreement have .been satisfied. Upon the successful completion of the terms of this =dais 4 as 6 EFTA00193985 2. Epstein and the State Attorney's Office shall make a joint, binding recommendation that the Court impose a thirty (30) month sentence to be divided as follows: (a) Epstein shall begin by serving eighteen (18) months in county jail for all charges, 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 twelve (12) months of community control. 3. The terms contained in paragraph 2, supra, do not foreclose Epstein and the State Attorney's Office from agreeing to recommend any additional term(s)•of probation and/or incarceration. 4. Epstein shall waive all challenges to the Infotmation• filed by the State Attorney's Office and shall waive the right to appeal his conviction and sentence. 5. 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: C The—OrniErStates providflfirtefirs- attorneys with a list of individuals whom it has identified as victims, as defined in 18 U.S.C. § 2255, after Epstein has signed this agreement and been sentenced. Upon the execution of this agreement, the United States will file a motion with the United States District Court for the Southern District of Florida for the appointment of a guardian ad litem for these persons. Epstein's counsel may contact the identified individuals through that guardian. 7. If any of the individuals referred to in paragraph (6), supra, elects to file suit pursuant to 18 U.S.C. § 2255, Epstein will not contest the jurisdiction of the United States District Court for the Southern District of Florida over his person and/or the subject matter, and Epstein waives his right to contest liability and also waives his right to. contest damages up to an amount as agreed to between the fats 3 as 6 EFTA00193986 (4) traveling in interstate commerce for the purpose of engaging in illicit sexual conduct, as defined in 18 U.S.C. § 2423(f), with min& females; in violation of Title 18, United States Code, Section 2423(b); and (5) knowingly, in and affecting interstate and foreign commerce, recruiting, enticing, 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(c)(1); in violation of Title 18, United States Code, Sections 1591(aX1) and 2; 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. If the United States Attorney should determine, based on information he deems reliable, that Epstein has violated any of the conditions of this Agreement, then 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 timely notice specifying the condition(s) of the Agreement that he has violated, and shall initiate its prosecution within sixty (60) days' of giving notice of the violation. After timely fulfilling all the terms and conditions t of the Agreement, no prosecution for the offenses set out on pages 1 and 2 of this Agreement, nor any other offenses that have been the subject of the joint investigation by the Federal Bureau of Inveitigation and the United. States Attorney's Office, nor any offenses that were the subject of the Federal Grand Jury investigation will be instituted in this District, and the charges against Epstein if any, will be dismissed. • Terms of the Agreement: Epstein shall plead guilty (not nolo contendere) to an Information filed by the State Attorney's Office charging Epstein with an offense that requires him to register as a sex offender, that is, the solicitation of minors to engage in. prostitution, in violation of Florida Statutes Section 796.03; Jae . 2 es 6 EFTA00193987 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 Attorneys Office has charged Epstein by indictment with 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 into Epstein's background and any offenses committed by Epstein 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 an offense against the United States,. that is, to use a facility or means of niterm-bi ifreign commerce foImowing,ly persuade, mdlleTd; 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; .dats 1 as 6 EFTA00193988 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. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Dated: By: Dated: Dated: A. MARIE VILLAFARA ASSISTANT U.S. ATTORNEY • JEFFREY EPSTEIN GERALD LBECOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN • Dated: • JACK GOLDBERGER, ESQ. ATTORNEY FOR JEFFREYEPSTEIN Page 6 of 6 EFTA00193989 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 publib 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 ofFlorida 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 SixthAmendment to the Constitution of the United States to a speedy trial or to bar the prosecution by reason of the running ofthe statute of limitations for a period of months equal to the period between the signing of this agreement and the breach of this agreement as to those offenses that were the subject of the grand jury's investigation. 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 for any offense that was the subject of the grand jury's investigation, 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. /// Page 5 of 6 EFTA00193990 . . EFTA00193991 8. Epstein's signature on this agreement also is not to be construed as an admission of civil or criminal liability or a waiver of any jurisdictional or other defense as to any person whose name does not appear on the list provided by the United States. 9. Epstein shall enter his guilty plea and be sentenced not later than October 19, 2007, and shall self-report to begin serving hissentence not later than December 10, 2007. 10. Epstein agrees that he will not be afforded any benefits with respect to gain time, other than the rights, opportunities, and benefits as any other inmate, including but not limited to, eligibility for gain time credit based on standard rules and regulations that apply in the State of Florida. At the United States' request, Epstein agrees to provide an account of the gain time he earned during his period of incarceration. Epstein understands that the United States Attorne y 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, pursuant to the Petite policy. In consideration of Epstein's agreeme;nt to plead guilty and to provide compensation in the manner described above, if Epstein successfully fulfills all of the terms and conditions of this agreement, the United States also agrees that it will not institute any criminal charges again any potential co-conspirator of Epstein, including but not limited to Sarah Kellen, Adrian Ross, Lesley Groff, or Nadia Marcinkova. Further, upon execution of this agreement and a plea agreement with the State Attorney's Office, the federal Grand Jury investigation will be suspended, and all pending federal Grand Jury subpoenas will be held in abeyance unless and until the defendant violates any term of this agreement. The defendant likewise agrees to withdraw his pending motion to intervene and to quash certain grand jury subpoenas. Both parties agree to maintain their evidence, including certain computer equipment, inviolate until all of the terms of this agreement have been satisfied. Upon the successful completion of the terms of this agreethent, all outstanding grand jury subpoena shall be deemed withdrawn. 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 and any other individual or entity for any and all federal offenses. Page 4 of 6 EFTA00193992 be divided as folloWs: (a) Epstein shall begin by serving eighteen (18) months in county jail for all charges, without any opportunity for withholding adjudication or sentencing, and without probationer community control in lieu of imprisonment; and (b) following the term of imprisonment, Epstein shall serve twelve (12) months of community control. . 3. The terms contained inparagraph 2, supra, do not foreclose Epstein and the State Attorney's Office from agreeing to recommend any additional term(s) of probation and/or incarceration. 4. Epstein shall waive all challenges to the Information filed by the State Attorney's Office and shall waive the right to appeal hih conviction and sentence. 5. . 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. 6. The United States shall provide Epstein's attorneys with a list of individuals whom it has identified as victims, as defined in 18 U.S.C. § 2255, after Epstein has signed this agreement and been sentenced. Upon the execution of this agreement, the United States will file a motion with the United States District Court for the Southern District of Florida for the appointment of a guardian ad litem for these persons. Epstein's counsel may contact the identified individuals through that guardian• • 7. If any of the individuals referred to in paragraph (6), supra, elects to file suit pursuant to 18 U.S.C. § 2255, Epstein will not contest the jurisdiction of the United States District Court for the Southern District ofFlorida over his person and/or the subject matter, and Epstein waives his right to contest liability and also waives his right to contest damages up to an amount as agreed to between the identified victim and Epstein. Notwithstanding this waiver, as to. those individuals whose names appear on the list provided by the United States, Epstein's signature on this -agreement is not to be construed as an admission of any criminal or civil liability other than that contained in 18 U.S.C. § 2255. • Page 3 of 6 EFTA00193993 of Title 18, United States Code, Section 2423(6); and (5) knowingly, in and affecting interstate and foreign commerce, recruiting, enticing, 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(a)(1) and 2; and ITAPPEARING, after an investigation of the offenses andEpstein'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. If the United States Attorney should determine, based on information he deems reliable, that Epstein has violated any of the conditions of this Agreement, then 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 timely notice specifying the condition(s) of the Agreement that he has violated, and shall initiate its prosecution within sixty (60) days' of giving notice of the violation. After timely. fulfilling all the tents and conditions of the Agreement, no prosecution forthe offenses set out on _ages 1 and 2 of this Agreement, nor any other•offenses that have been the subject of the joint investigation by the Federal Bureau of Investigation and the United States Attorney's Office, nor any offenses that were the subject of the Federal Grand • Jury investigation 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 nob contendere) to an Information filed by the State Attorney's Office charging Epstein with an offense that requires him to register as a sex offender, that is, the solicitation of minors to engage in prostitution, in violationofFlorida Statutes Section 796.03; 2. Epstein and the State Attorney's Office shall make a joint, binding recommendation that the Court impose a thirty (30) month sentence to Page 2 of 6 EFTA00193994 IN RE: INVESTIGATION OF JEFFR,EY 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 Epitein (hereinafter "Epstein"); • IT APPEARING that the State Attorney's Office has charged Epstein by indictment with 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 into Epstein's background and any offenses committed by Epstein 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 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 femalesto engage in prostitution, in violation of Title18, United States Code, S ection 2422(b); all in violation of Title 18, United States Code, Section 371; (2) knowingly and7villfully conspiring with others known and unknown to travel iii 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 U.S.C. § 2423(1), with minor females; in violation Pagel of 6 ' EFTA00193995 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. R. ALEXANDER. ACOSTA UNITED STATES'ATTORNEY Dated:- By: • Dated: Dated: A. MARIE VILLAFARA . ASSISTANT U.S. ATTORNEY JEFFREY EPSTEIN• GERALD LEFCOURT, ESQ.- COUNSEL TO JEFFREY EPSTEIN Dated: . JACK GOLDBERGE'R, ESQ: ATTORNEY FOR JEFFREY EPSTEIN Page 6 of • 6 EFTA00193996 breach of any one of these conditions allows the United States to elect to terminate the agreement and to investigate and prosecute Epstein and any other individual or entity for any and all federal offenses. 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 delete to such prosecution on the ground that such delay operated to deny him rights under Rule 48(b) of the Federal Rules of Criminal Proc.-Aire and the Sixth Ainendment 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 as to those offenses that were the subject of the grand jury's investigation. 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 for any offense that was the subject of the grand jury's investigation, it may be by way of an hiformation signed and filed by the United States Attorney, and hereby waives bis right to be •indicted by a 17antjurT /// /// /// Page 5 of 6 EFTA00193997 construed as an admission of any criminal or civil liability other than that contained in 18 U.S.C. § 2255. 8. Epstein's signature on this agreement also.is not to be construed as an admission of civil or criminal liability or a waiver of any jurisdictional or other defense as to anyperson whose name does not appear on the list provided by the United States. 9. Epstein shall enter his guilty plea and be sentenced not later than October 19, 2007, and shall self-report to begin serving his sentence not later than December 10, 2007. 10. Epstein agrees that he will not be afforded any benefits with respect to gain time, other than the rights, opportunities, and benefits as any other inmate including but not limited to, eligibility for gain time credit based on standard rules and regulations that apply in the State of Florida. At the United States' request, Epstein agrees to provide an account of the gain time he earned during his period of incarceration. 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, pursuant to the Petite policy. In consideratiorr-of—Epsteires—agreement—to—plead guilty—and to provide -- compensation in the manner described. above, 'if Epstein Successfully fulfills all of the terms and conditions of this agreement, the United Stites also agrees that it will not institute any criminal charges again any potential co-conspirator of Epstein, including but not limited to-Sarah Kellen, Adrian Ross, Lesley Groff, or Nadia Marcinkova. Further, upon execution of this agreement and a plea agreement with the State Attorney's Office, the federal Grand Jury investigation will be suspended, and all pending federal Grand Jury subpoenas will be held in abeyance unless and until the defendant violates any term of this agreement. The defendant likewise agrees to withdraw his pending motion to intervene and to quash certain grand jury subpoenas. Both parties agree to maintain their evidence, including certain computer equipment, inviolate until all of the terms of this agreement have been satisfied. Upon the successful complgtion of the terms of this agreement, all outstanding grand jury subpoenas shall be deemed withdrawn. 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 Page 4 of 6 EFTA00193998 recommendation that the Court impose a thirty (30) month sentence to be divided as fellows: (a) Epstein shall begin, by serving.eighteen (1$) months in county ' jail for all charges, 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 twelve (12) months of community control. 3. The terms contained in paragraph 2, supra, do not foreclose Epstein and the State Attorney's Office from agreeing to recommend any additional term(s) of probation and/or incarceration. 4. Epstein shall waive all challenges to the htformation filed by the State Attorney's Office and shall waive the right to appeal his conviction and sentence. 5. 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. 6. The United States shall provide Epstein's attorneys with a list of individuals whom it has identified as victims, as defined in 18 U.S.C. §-2255Taiter Bpstai this agreft—enrithil been sentenced. Upon the execution of this agreement, the United States will file a motion with the United States District Court for the Southern District of Florida for the appointment of a guardian ad litem for these persons. Epstein's counsel may contact the identified individuals through that guardian. 7. If any of the individuals referred to in paragraph (6), supra, elects to file suit pursuant to 18 U.S.C. § 2255, Epstein will not contest the jurisdiction of the United States District Court for the Southern District of Florida over his person and/or the subject natter, and Epstein waives his right to contest liability and also waives his right to contest damages up to an amount as agreed to between the identified victim and Epstein. Notwithstanding this waiver, as to those individuals whose names appear on the list provided by the United States, Epstein's signature on this agreement is not to be Page 3.of 6 EFTA00193999 conduct, as defined in 18 U.S.C. § 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, and obtaining by any means a person, knowing that the person had not attained the age of 18 years and would he caused to engage in a commercial sex act as defined in 18 U.S.C. § 1591(c)(1); in violation of Title 18, United States Code, Sections 1591(a)(1) and 2; 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 procedtire; • • • 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. If the United States Attorney should determine, based on information he deems reliable, that Epstein has violated any of the conditions of this Agreement, then the United States Attorney may at any time initiate prosecution against *stein for any offense. In this case, the United States Attorney will furnish Epstein with timely notice specifying the condition(s) of the Agreement that he has violated, and shall initiate its prosecution within sixty (60) days' of giving notice of the violation. • After—bratty fuIfillmg —fl e-Terms and conditions or the Agreement, no prosecution for the offenses set out on pages 1 and 2 of this Agreement, nor any other . offenses that have been the subject of the joint investigation by the Federal Bureau of Investigation and the United States Attorney's Office, nor any offenses that were the subject of the Federal Grand Jury investigation 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 Epstein with an offense that requires him to register as a sex offender, that is, the solicitation of minors to engage in prostitution, in violation of Florida Statutes Section 796.03; 2. Epstein and the State Attorney's Office shall make a joint, binding Page 2 of 6 EFTA00194000 IN RE: INVESTIGATION OF JEFFREY EPSTEIN NON-PROSECUTION AGREEMENT IT APPEARING that the City of Palm Beach Police Department and the State Attorney's Offide for the 15th Judicial Circuit in and for Palm Beach County (hereinafter, the "State Attorney's Office's) have conducted an investigation into the conduct of Jeffrey Epstein (hereinafter "Epstein"); IT APPEARING that the State Attorney's Office has charged Epstein by indictment with 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 into Epstein's background and any offenses conunitted by Epstein 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 an offense against the United States, that is, to use a facility or mearoisinterstate orfiretpruarttoierencktrowitiglypenturaMdae,r￾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 violition 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 Page I of 6 EFTA00194001 Gmail - Re: Draft Agreement Page 2 of 2 Street IllgaL/icailly 10022 Direct IMEIMIN Fax asheth@kirkland.com I *Admission Pending in New York [attachment "20070923 Draft of Epstein Non-Prosecution Agreement (without Term 1) (Redlined).doc" deleted by Jay Lefkowitz/New York/Kirkland-Ellis] ***************************fr******************************* 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 attachment,. ******************************* ***** **** ****** ************* Ann Marie.Villafana 3 attachments rati 070923 Epstein 24K e 070923 Epstein 18K n 070923 Epstein " 1 31K Non-Prosecution Agreement.doc Non-Prosecution Agreementp df Non-Prosecution Agreement.wpd EFTA00194002 Gmail - Re: Draft Agreement Page 1 of 2 Ann Marie Villafana bt,,00gle￾Re: Draft Agreement 1 message Ann Marie Villafana To: Jay Lefkowitz <JLefkowitz@kirkland.com> Cc: Ami Sheth cASheth@kirkland.com>, "Villafana, Ann Marie C. (USAFLS)" <Ann.Marie.C.Villafana@usdoj.gov> all Here is the most recent version. I noticed that the font size kept changing throughout, so I put it in Times New Roman 13pt. I am attaching in WordPerfect, Word, and PDF. On 9/23/07, Jay Lefkowitz <JLefkowitz@kirkland.com> wrote: Marie - if 2 pm doesn't work, can we arrange to go through the entire document at 5 pm? Thanks. Jay ---- Original Message --- From: Ami Sheth Sent: 09/23/2007 01:56 PM EDT To: "Villafana, Ann Marie C. VUSAFLS1)" - Ann: arie Villafana • usd6-gov]; Cc: Jay Lefkowitz Subject: Draft Agreement Marie - Jay is having some computer trouble and asked me to send this e-mail to you. Attached is a draft for discussion purposes at your convenience for some time this afternoon. It does not include Term 1 of the agreement, but it reflects all the issues we would like to discuss with you. Please let Jay know when you are available to speak. Thank you. Sincerely, Ami Sun, Sep 23, 2007 at 4:03 PM Ami H. Sheth* I Kirkland & Ellis LLP Citigroup Center I EFTA00194003 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. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Dated: By: Dated: Dated: Dated: SANCHEZ ESQ. A. MARIE VILLAFARA ASSISTANT U.S. ATTORNEY JEFFREY EPSTEIN GERALD LEFCOURT, ESQ. . COUNSEL TO JEFFREY EPSTEIN JAGK—GQLDBBRGERLTLLY ANN ATTORNEY FOR JEFFREY EPSTEIN Page 7 of 7 •4W,0>;,'' • EFTA00194004 the subject of the grand jury's investigation, 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 juiy. /I/ /// Page 6 of 7 EFTA00194005 I Government agrees to provide Epstein notice before the disclosure of this Agreement, In consideration of Epstein's agreement to plead guilty and to provide compensation in the manner described above, if Epstein successfully fulfills all of the terms and conditions of this agreement, the United States also agrees that it will not I institute any criminal charges ageing any potential co-conspirators of Epstein, including but not limited to Sarah Kellen, Adriana Ross, Lesley Groff, or Nadia Marcinkova. Further, upon execution of this agreement and a plea agreement with the State Attorney's Office, the federal Grand Jury investigation will be suspended, and all pending federal Grand Jury subpoenas will be held in abeyance unless and until the defendant violates any term of this agreement The defendant likewise agrees to withdraw his pending motion to intervene and to quash certain grand jury subpoenas. Both parties agree to maintain their evidence, including certain computer equipment, inviolate until all of the terms of this agreement have been satisfied. Upon the successful completion of the terms of this agreement, all outstanding grand jury subpoenas shall be deemed withdrawn. • 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 aid to investigate and prosecute Epstein and any other individual or entity 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 Mesenting a charge to the Grand Jury, filing an inforniation, 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 l:: 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 Pqual to the period between the signing of this agreement and the breach of this agreement as to those offenses that were the subject of the grand jury's r investigation. Epstein further asserts and certifies that he understands that the Fifth I ` Amendment and,Rule 7(a) of the Federal Rules of Criminal Procedure provide that all t. 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 for any offense that was Page 5 of 7 EFTA00194006 • FAW.F7Wrii:917.23,7,f:Apa rt;,, 94t .t 7:07/7 `149: 4.Z; sy ii.•` 9 f4tet t 41; jurisdiction of the United States District Court for the Southern District of Florida over his person and/or the subject matter, and Epstein waives his right to contest liability and also waives his right to contest damages up to an amount as agreed to between the identified victim and Epstein, so long as the identified victim elects to, proceed exclusively under 18 U.S.C. § 2255, and agrees to waive any other claims for damages, whether pursuant to state, federal, or common law. Notwithstanding this waiver, as to those individuals whose names appear on the list provided by the United States, Epstein's signature on this agreement is not to be construed as an admission of any criminal or civil liability-other-than-that-eentained in 18 U.S.C. § 2255. Neither this Agreement, its terms. or any resulting settlements contemplated by this Agreement are to be admissible in any other litigation. 8. Epstein's signature on this agreement also is not to be construed as an admission of civil or criminal liability or a waiver of any jurisdictional or other defense as to any person whose name does not appeai- on the list provided by the United States. 9. Epstein shall enter his guilty plea and be sentenced not later than October 26, 2007, and shall self-report to begin serving his sentence not later than January 4, 2008. 10. Epstein agrees that he will not be afforded any benefits with respect to gain time, other than the rights, opportunities, and benefits .as any oilier ninlife,ineluding but nottniffealicarilbity- ar gain time credit based on standard /Wes and, regulations that apply in the State of Florida. At the United States! request, Epstein agrees to provide an account of the gain time he earned during his period of incarceration. 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 dicrnssion with the State Attorney's Office to ensure compliance with these procedure; which compliance will be necessary to satisfy the ; • United States' interest, pursuant to the Petite policy. It is the intention of the parties to this Agreement that it not be disseminated or S... disclosed except pursuant to court order. In the event the Government must disclose this Agreement in response to a request PuThuant to the Freedom of Information Act. the kW - Page 4 of 7 • ••.f .,74: *.et< .r.At:es• tv EFTA00194007 2. Epstein, and the State Attorney's Office shall make a joint, binding recommendation that the Court impose a thirty (30) month sentence IVE to be divided as follows: 4.•, (a) Epstein shall be sentenced to a term ofbegin—by—sppling eighteen (18) months in county jail for all charges, without r 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 servo twelve (12) months of community control. 3 The language contained in Terms 1 and 2 of this Agreement do not foreclose Epstein and the State Attorney's Office from agreeing to recommend any additional charge(s) or any additional term(s) 'of probation. The-terms—eentained—in—paregraph-2r eupnar de—mat foreelese-Epstein-and-the-State Attorney's-9£€iee-from-agreeing-te plead-to-any-additienal-ekarge(s)or-frem-reeommending-reeemmend X':.•,:- any-atlditiona14ern*(e)-of-peebatien-emYer-irteareeration: 4. Epstein shall waive all challenges to the information filed by the State Attorney's Office and shall waive the right to appeal his friefl: conviction and sentence. • 5. Epstein shall provide to the U.S. Attorney's Office copies of all ;inn: proposed agreements with the State Attorney's Office prior to x "1'c C," •c•V'tfi • a •' -Th ` entering into those agreements. • -jay 6. The United States shall provide Epstein's attorneys with a list of individuals whom it has identified as eligible to bring suit under f). vietimer as-defined-in It U.S.C. § 2255, after Epstein has signed this ; agreement and been • sentenced. Upon the execution of this agreement, the United States will file a motion under seal with the 1.514k. United State's District Court for the Southern District of Florida for the appointment of a guardian ad litem for these persons. Epstein's ;';‘.; counsel may contact the identified individuals through that guardian. 7. If any of the Individuals referred to In paragraph (6), sup-a, elects to file suit pursuant to 18 U.S.C. § 2255, Epstein will not contest the Page 3 of 7 EFTA00194008 conduct, as defined in 18 U.S.C. § 2423(f), with minor females; in violation of Title 18, United States Code, Section 2423(6); and (5) knowingly, in and affecting interstate and foreign commerce, recruiting, enticing, and obtaining by any means a person, knowing that the person had 3, not attained the age of 18 years and would be caused to engage in a P), commercial sex act as defined in 18 U.S.C..§ 1591(c)(1); in violation of Title 18, United States Code; Sections 1591(a)(1) and 2; 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. If the United States Attorney should determine, based on reliable evidence, that Epstein has willfully violated any of the conditions of this Agreement, then the United States Attorney. may at any time within thirty (30) months of' the execution of this agreement provide Epstein with timely notice . specifying the conditions(s) of the Agreement that he has violatedinitiate-preseetifion-against-Epsieirt-fiwasyceffenser-lri-this easerthe-United-States-Attonte ish-Epstein-with-timely-riotiee-speeifying-the eeinlition(s)-of the-Agreement-that-he-has-violated; and shall initiate its prosecution within siatyA60) days' of Irving notice of the violation. 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, nor any other offenses that have been the subject of the joint investigation by the Federal Bureau of •,,c-1.;•: Investigation and the United States Attorney's Office, nor any offenses that were the ,41 subject of the Federal Grand Jury investigation will be instituted in this District, and the ii";:•. • charges against Epstein if any, will be dismissed. afibp. . \ • Terms of the Agreement: 1. Epstein shall plead guilty (not nolo contendere) to an Information filed by the State Attorney's Office charging Epstein with an offense If:1.;:r that requires him to register as a sex offender, that is, the solicitation of minors to engage in prostitution, in violation of Florida Statutes Section 796.03; q;sM,;. Page 2 of 7 it'" •:„..?2,44‘;,41",•• • 14/ EFTA00194009 A￾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 by indictment with solicitation of prostitution, in violation of Florida Statutes Section 796.07; Code Changed IT APPEARING that the United States Attorney's Office and the Federal Bureau of Investigation have conducted their own investigation into Epstein's background and any offenses that may have been committed by Epstein against the United States from in or round 2001 through in or around September 2007, including: (1) knowingly and willfully 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 1 halos to engage in prostitution, in violation of tinns;-- United States Code, Section 2422(6); all in violation of Title 18, United States Code, Section 371; • • (2) Iciaiwingly and willfully conspiring with others known and unknown to travel in interstate commerce for the purpose of engaging in illicit sexual conduct, is defined in 18 U.S.C. § 2423(0, with minor females, in violation • of Title 18, United Slates 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 Page 1 of 7 EFTA00194010 Gmail - FW: Page 2 of 2 20070923_8pmRedline_of_MV's_Agreoment_Draft_3_(12110791_2)-tdoc 45K EFTA00194011 Gmail - FW: Page 1 of 2 cbi glf- • a￾Iy1:2:i I I Ann Marie Villafanailliallalla FW: 1 message Villafana, Ann Marie C. (USAFLS)< Ann.Marie.C.Villafana@usdoj.gov> Sun, Sep 23, 2007 at 8:33 PM Original Message---- From: Jay Lefkowitz [mailto:JLefkowitz@kirkland.com] Sent: Sunday, September 23, 2007 8:31 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Fw: I am not sure just being under 18 qualifies for the appointment of a guardian. What if we just had one representative for all of the women. Like a trustee. Please think about that. Also, I have not gone over all of this yet with Jeffrey, but please look at these edits. Thanks ---- Original Message From: jplefkowitz Sent: 09/23/2007 0927 PM AST- -- — To: Jay Lefkowitz Email and AIM finally together. You've gotta check out free AOL Mail! - http://mail.aol.com *****************************************IHr**************** 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. ********************************** ******* EFTA00194012 Gmail - Re: Page 2 of 2 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. ****** ** ***** ***** A ************* ******* ******************** EFTA00194013 &nail - Re: Page 1 of 2 GM 11 bit :OMic Re: 1 message Ann Marie Villafana Jay Lefkowitz< JLefkowitz@kirkland.com> Mon, Oct 1, 2007 at 7:13 AM To: Marie Villafana <Ann.Marie.C.Villafana@usdoj.gov>, Ann Marie Villafana Marie - I tried to reach you over the weekend but couldn't reach you either by email or cell. Can we set up a call for 10:45 am tomday? Jay • Original Message From: Jay Lefkowitz Sent: 09/30/2007 03:04 PM CDT To: "Marie Villafana" <Ann.Marie.C.Villafana Villafana' Subject: Re: "Ann Marie Marie - are you available to speak at all today? Original Message —From: Jay Leftwitz•—• Sent: 09/30/2007 07:23 AM CDT To: "Marie Villafana" • <Ann.Marie.C.Villafana usdoi. ov>; "Ann Marie Villafana' Marie - I left you a voicemail yesterday on your cell. What time later today can you speak? Thx. Jay ********* ***riffle*** ***** **** *********** ****************** 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 EFTA00194014 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 anyDd 1 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 rosecution, except to the extent that such a defense exists as of the date he signs this P1eA rcement. 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 agents, promises, representations, or understandings. Date: By: R. AL ER ACOSTA UNITE TATES ATTORNEY Date: By: JEFFREY EPSTEIN?FENDANT Date: By: JAY LEFKOWITZ, ESQ. ATTORNEY FOR DEFENDANT Page 7 of 7 EFTA00194015 by both the defendant and the government. 13. WAIVER OF RIGHT TO APPEAL AND COLLATERALLY ATTACK THE S1DENCE. '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 • es 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 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(6). However, if the United States appeals the defendant's sentence pursuant to Section 3742(13), the defendant shall be released from the above waiver of appellate rights. By signing this agreement, tt 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 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 EFTA00194016 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 de D dant' m 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, whether pursuant to this agreement or otherwise, is not binding c 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 Page 5 of 7 EFTA00194017 • 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 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 nolo contendere) to an information filed by the Palm B I County s State Attorney's Office charging an offense for which the defendant must regi a sex offender, that is, solicitation of minors to engage in prdstitution, 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 t i y (30) months, to be divided ai 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 Ar on or community control 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. ' T 9. The defendant agrees to waive all challenges to the Information filed by the State Attorney's Office and to wive 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 EFTA00194018 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 on $100,00 O. 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 impo ed 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 rest;' 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 rwed 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 EFTA00194019 "Sentencing Guidelines"). The defendant acknowledges and understands that the Court will compute an advisory sentence under the Sentencing Guidelines and that the applicable guide 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 thom 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; the Court is permitted to tailor the ul 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 thin 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 1,, es that, as to Count 1 of the Information, the 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 EFTA00194020 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. UNITED STATES OF AMERICA vs. JEFFREY EPSTEllb Defena PLEA AGREEMENT The United States Attorney for4ie Southern District of Florida ("the United States"), and Jeffrey Epstein (hereinafter agreement: to as the "defendant") enter into the following 1. The defendant agrees to plead guilty to the Information which charges the defendant as follows: Count 1 charm that th5fendant 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 &Fie rigni ilt on a person who was over the age of 16 years, that is, S.K.; in violation of Tile 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 EFTA00194021 • did knowingly commit a simple 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). • D • IL ALEXANDER ACOSTA UNITED STATES A A. MARIE VILLAFARA ASSISTANT UNITED STATES ATTORNEY ,/ A. 2 EFTA00194022 D UNITED STATES DISTRICT COURT SOUTBERN DISTRICT OF FLORIDA. CASE NO. 18 U.S.C. § 403 ' 18 U:S.C. § 113(a)(5) UNITED STATES OFTICA • JEFFREY EPSTEIN; Defendant. INFORMATION The United States Attorney charges that: COUNT I In or around August 2006 in Palm Beach Co t min the Southern District of Florida, and elsewhere, the defendant, JEFFREY EPSTEIN, did knowingly and intentionally violate the privacy protection accoi y 18 U.S.C. § 3509 to a child victim, that is, Jane Doe #1; in violation of Title 18, United Sta de, 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, EFTA00194023 &nail - .TE negotiations Gm ii JE negotiations 1 message Page 1 of 1 Ann Marie Villafanaa Ann Marie VillafanalliMMIIIIIIM To: lefkowitz@kirkland.com, jlefkowitz@kirkland.com Hi Jay -- Sorry to trouble you over the weekend. Here are the revised documents with the 403 charge. I have gotten some negative reaction to the assault charge with Sarah Kellen as the victim, since she is considered one of the main perpetrators of the offenses that we d to charge in the indictment. Can you talk to Mr. Epstein about a young woman named We have hearsay evidence that she traveled on Mr. Epstein's airplane when she was un er 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. Ann Marie Villafana 2 attachments toil Information charging 403 and 113.pdf 9K OLY Plea Agreement v5 403 and 113 violations.pdf 18K Sat, Sep 15, 2007 at 3:16 PM EFTA00194024 Ginail - Re: JE negotiations Page 1 of I i by,;OO3,e Re: JE negotiations 1 message Jay Lefkowitz< JLefkowitz kirkland.com> To: Ann Marie Villafana Sun, Sep 16, 2007 at 10:39 AM Yes. I plan to send you a long email with several suggestions, none of which I think will be controversial. Thx Original Message From: "Ann Marie Villafana Sent: 09/16/2007 10:35 AM To: Jay Lefkowitz Subject: Re: JE negotiations 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. **** * **** *************************** ******* *************** The information contained in this communication is confidential, may be atiornelt prjyleged,_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. ************************* *********** *talc *************••w** EFTA00194025 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 Agreement and agrees to comply with them. Dated: JEFFREY EPSTEIN Dated: GERALD LBFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN Dated: R. ALEXANDER ACOSTA UNITED STATES ATTORNEY EFTA00194026 Epstein's fulfilling the terms and conditions of the Agreement resolves any and all outstanding federal grand. jury subpoenas that have requested witness testimony and/or the production of documents and/or computers in relation to the investigation that is the subject of the Agreement Each subpoena will be withdrawn upon the execution of. the Agreement 'and will not be re-issued absent reliable evidence of a violation of the Agreement. Epstein and his counsel agree that the computers that are currently under subpoena will be safeguarded in their current condition by Epstein's counsel or their agents until the terms and conditions of the Agreement are fulfilled. Provided that Epstein does not breach this. agreement, the Government agrees that it will not seek to initiate federal investigation or prosecution for conduct subject to this agreement. 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, 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 listed above at pg 1. • 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 pro•ides 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. EFTA00194027 acknowledging his right to appeal under 18 U.S.C. § 3742, hereby waives the rights conferred by § • 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 or is the result. of an upward departure or upward variance from the guideline range that the Court establishes at sentencing. 7. Epstein shall enter his guilty plea to the federal Information no later than November 5, 2007. Epstein, and the Government agree to submit an agreed statement of facts in lieu of the Pre-Sentence Investigation Report, which shall be waived, and Epstein and the Government agree that sentence shall be imposed on the date of plea, that Epstein be released on bail, that travel shall not be restricted during the period of bail and that Epstein be permitted to self￾report to the facility designated by the United States Bureau of Prisons to commence his sentence 75 days after sentencing. Epstein and the Government further agree that the Government shall not object to Epstein's request that the Court recommend to the Bureau of Prisons that Epstein be designated to serve his sentence at a federal prison camp; and 8. Epstein agrees to fund a Trust set up in concert with the Government and under the supervision of the 15th Judicial Circuit in and for Palm Beach County. Epstein agrees that a Trustee will be appointed by the Circuit Court and that funds from the Trust will be available to be disburted at the Trustee's discretion to an agreed list of persons who seek reimbursement and make a good faith showing to the Trustee that they suffered injury as a result of the conduct of • Epstein. Epstein waives his right to contest liability or damages up to an amount agreed to by the parties for any settlements entered into.by the Trustee. Epstein's waiver is not to be construed as an admission of civil or criminal liability in regards to any efEse who seek compensation GEE; Trust.: After timely fulfilling the terns and conditions of this Agreement, the United States agrees that no prosecution will be instituted or initiated against Epstein for any and all criminal charges which might otherwise in the future be brought against Epstein that arise out of the ongoing FBI federal investigation for offenses that include but are not limited to those listed above that could be brought.under 18 U.S.C. §2423(b),(e) and (f), 18 U.S.C. §2422(b), 18 U.S.C. §1591 or conspiracies or attempts to violate such statutes or for any other offense that is or has been the subject of the federal investigation being conducted by the Federal Bureau of Investigations and/or the United States Attorney's Office. Epstein's fulfilling the terms and conditions of the Agreement also precludes the initiation of any and all criminal charges which might otherwise in the future be brought against Sarah Kellen, Adrian Ross, Lesley Groff, and Nadia Marcinkova or any employee of N.E.S. for any criminal charge that arises out of the ongoing federal investigation as described above; Further, no immigration proceeding will be instituted against Ross or Marcinkova as a result of the ongoing investigation EFTA00194028 Terms of the Agreement: 1. Epstein shall plead guilty' to the criminal charge in the Indictment as currently pending against him in the 15th Judicial Circuit in and for Palm Beach County and in addition shall plead guilty to a•'1 count Information filed by the State Attorney's Office charging a violation of the following. Florida Statute: Procuring person under age of 18 for prostitution in violation of F.S.A. § 796.03. 2. Epstein and the State Attorney's Office shall make a joint, binding recommendation that the Court impose a sentence as follows: (a) Epstein shall enter a plea agreement with the State Attorney's Office forthwith and thereafter enter his plea of guilty to the Indictment (Case # 2006cf009495AX7CCMB) on a date after the date of imposition of his federal sentence as described in paragraph 5 and 6, infra but before the beginning of his term of federal imprisonment Epstein shall thereafter be required to enter his plea of guilty to the Information within 7 days after the completion of his federal term of imprisonment (b) Following the term of federal imprisonment Epstein shall be placed' on three (3) years probation. (c) As a special condition to that probation, Epstein will serve the first (1) year in community control. (d) Following community control, Epstein shall serve the remaining two (2) years of Probation on the charge that presently pending in the state Indictment . 3. Epstein shall waive all challenges to. the Infontation filed by the State Attorney's Office and shall waive the right .to appeal his conviction and sentence unless the Court imposes a sentence that exceeds the terms of the joint recommendation in which case Epstein reserves the right to withdraw his plea and to exercise at his sole election any other right to appeal • • 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 shall plead guilty to an Information charging one (1) count charging a violation of 18 USC I 512(d) and one (1) count charging simple assault within the maritime and territorial jurisdiction of the United States in violation of 18 USC §113(a)(5) and 18 USC §7(5). 6. Epstein and the Government shall make a joint recommendation that the Court impose the maximum sentence of eighteen (18) months. Epstein, EFTA00194029 In Re: Investigation of Jeffrey Epstein 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; 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 to the United States Attorney's Office and the Federal Bureau of Investigation that Epstein may have 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 offenses against the United States, in violation of Title 18, United States Code, Section 2422(b) and 2423(b); all in violation of Title 18, United States Code, Section 371 and 18 USC 2423(e); and (2) knowinTrind willfully violating 18 USC glf(b) and 2, 18 USC 2423(6), and 18 USC 1591(a)(1),(2); 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 of these offenses shall be deferred in favor of prosecution by the State of Florida .and prosecution of violations of 18 USC 1512(d) and 18 USC 371, 113(aX5) by the United States, provided that Epstein abides by the folloiring conditions and the requirements of this. Agreement set forth beloiv. Should Epstein be proven to have violated any of the conditions of this Agreement, the United States Attorney may at any time initiate prosecution against Epstein for any offense listed above. In this case, the United States Attorney will furnish Epstein with notice specifying the conditions of the Agreement that he has violated. EFTA00194030 Gmail - (no subject) Page 17 of 17 epsteln.doc 94K EFTA00194031 Gmail - (no subject) Page 16 of 17 Begin forwarded message: From: Jay Lefkowitz sliefkowitz@kirklanctcom> • Date: September 15, 2007 8:18:43 PM EDT To: "Ann Marie Millatent(" aillangi Subject: Re: JE negotiations Are you free to speak this evening? Original Message -- From: "Ann Marie Villafana" Sent: 09/15/2007 03:16 PM AST To: Jay Lefkowitz; Jay Lefkowitz Subject: JE negotiations Hi Jay -- Sorry to trouble you over the weekend. Here are the revised documents with the 403 charge. I have gotten some negative reaction to the assault charge with Sarah Kellen as the victim, since she is considered one of the main perpetrators of the offenses that we planned to charge in the indictment. Can you talk to Mr. Epstein about a young woman named flia 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. Ann Marie Villafana *************************************** ************** ****** The in€ormation 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 rebeived 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. ******************************** ******* ******************** EFTA00194032 Gmail - (no subject) Page1.5 of 17 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. - ********************************V************************** . Begin forwarded message: From: Jay Lefkowitz slistkowitzfgisitiditind.com> Date: September 18, 2007 9:05:58 AM EDT To: "Ann Marie Villafana Subject: Re: JE negotiations How about 10 am. Does that work? -- Original Message -- From: "Ann Marie Villafanan Sent 09/16/2007 08:47 AM AST To: Jay Lefkowitz '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. 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, 4isclosure or-copying of this communication or any pert 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. *******************************,i*************************** EFTA00194033 Gmail - (no subject) Page 14 of 17 Marie - very sorry. Do you mind calling at 1015 instead? Thx Original Message -- From: "Ann Marie Villafana" Sent: 09/16/2007 08:47 AM AST To: Jay Lefkowitz 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. 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 addresSb'e. 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. ************************************************ — From: Jay Lefkowitz <JLelkowitz@kirkland.com> Date: September 16, 2907 9:46:51 AM EDT TO: "Ann Marie Villatanas Subject: Re: JE negotiations SThx ---- Original Message --- From: "Ann Marie Villafana" Sent: 09/16/2007 09:07 AM AST To: Jay Lefkowitz Subject: Re: JE negotiations Sounds fine. Thanks. Can you e-mail me the number where you want me to call you? *********************************************************** EFTA00194034 Gmail - (no subject) Page 13 of 17 *********************************************************** Begin forwarded message: . From: Jay Lefkowitz <JLeiltowitz©kirkland.com> Date: September 16, 2007 10:39:21 AM EDT To: "Ann Marie Villafana' Subject: Re: JE negotiations Yes. I plan to send you a long email with several suggestions, none of which I think will be controversial. Thx Original Message -- From: "Ann Marie Villafana" Sent: 09/16/2007 10:35 AM AST To: Jay Lefkowitz Subject: Re: JE negotiations 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. *************************************4********************* The information contained in this communication is confidential, may be attorney-client privileged, may ____constititte_insiste_infoxmation,_ancLis_lateodad_onLy—toic________ 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. *********************************************************** Begin forwarded message: From: Jay Lefkowitz <JLefkowitz kirkland.com> Date: September 16, 2007 9:55:30 AM EDT To: "Ann Marie Villafana" Subject: Re: JE negotiations EFTA00194035 Gmail - (no subject) Page 12 of 17 Begin forwarded message:. From: Jay Letkowitz <JLefkowitz@kiridand.com> Date: September 16, 2007 11:44:21 AM EDT To: "Ann Marie Villafanale Subject. Re: JE negotiations Yes. Will check it out this pm. Sending you various suggested edits shortly as well. Original Message ---- From: "Ann Marie Villafana" [ann.marie.villafana@gmail.corn] Sent: 09/16/2007 11:41 AM AST To: Jay Lefkowitz Subject: Re: JE 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. Groff at her home. The agents and I would need to speak with Ms. Marcinkova and Ms. Groff briefly to confirm 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. *********************************************************** The information contained in this communication is confidential, maybe attorney-client privileged, may constitute inside information, and is intended onry 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. EFTA00194036 Gmail - (no subject) Page 11 of 17 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. ********* ***** ***** *mit*** ************ l• ***Mitt*** ****** * Begin forwarded message: From: Jay Lefkowitz <JLe6towitz@kirldand.com> Date: September 16, 2007 12:07:34 PM EDT To: "Marie Villafana, Ann" Subject: Fw: Marie - I would like you to take a look at these suggestions in the meantime. I tried to follow your format. • I have not yet cleared all of this with my client. Thx --- Original Message ---- From: jplefkowitz Sent: 09/16/2007 11:58 AM AST To: Jay Lefkowitz Email and AIM finally together. You've gotta check out free AOL Mail! - http://mail.aol.com 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. EFTA00194037 Gmail - (no subject) Page 10 of 17 policy not to try to, however, I can tell you that, as far as I know, there is no plan to try to proceed on any immigration charges against either Ms. Ross or Ms. Marcinkova. Also, on the grand jury subpoenas, I can prepare letters withdrawing them as of the signing of the plea agreement, but I would prefer to take out that language. In my eyes, once we have a plea agreement, the grand jury's investigation has ended and there can be no more use of the grand jury's subpoena power. I had hoped that we were far closer to resolving this than it appears that we are. Can I suggest that tomorrow we either meet live or via teleconference, either with your client or having him withiri 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. *********************************************************** 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 rettlrne-mail or by_e-mail.to_postmaster@kirkland.com,_and.____ destroy this communication and all copies thereof, including all attachments. *********************************************************** Begin forwarded message: • From: Jay Lefkowitz <41.etkowilzepkirkland.com>. Date: September 16, 2007 12:25:43 PM EDT To: "Marie Villafana, Ann" Marie - I will call you as soon as the show ends. Jay * ************ ****** *** * ** * ********** ******* ************ 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 EFTA00194038 Gmail - (no subject) Page 9 of 17 some of the timing issues be addressed only in the state agreement, so that it isn't obvious to the judge that we are trying to create federal jurisdiction for prison purposes. My understanding is that Mr. Epstein should sign a state plea agreement, plead guilty to the federal offenses, plead guilty to the state offenses, be sentenced on the federal offenses, and then be sentenced on the state offenses, and then start serving the federal sentence. Re your paragraph 3: As to the reservation of Mr. Epstein's right to withdraw his state plea or to appeal his state plea or sentence, that is fine, but we need the caveat that, if he were to do so, the United States could proceed on our charges. Re your paragraph 6: With respect to the waiver of the right to appeal the federal sentence, given the way we have drafted the information, it is possible that getting to the 18 month sentence will require an upward departure. The version of the agreement that yoti 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 I'm not sure that it belongs in a plea agreement, especially since I can't bind the court on that issue. However, I can assure you, and we can put it on the record during the plea 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 tdon't think-it is-appropriate that a-state court-would administer a - — trust that seeks to pay for federal civil claims. We both want to avoid unscrupulous attorneys and/or litigants from coming forward, and I know that your client wants to keep these matters outside of public court filings, but I just don't have the power to do what you ask. Here is my recommendation. During the period between Mr. Epstein's plea and sentencing, I make a motion for appointment of the Guardian Ad Litem. The three of us sit down and discuss things, and I will facilitate as much as I can getting the girls' approval of this procedure because, as I mentioned, I think it is probably in their best interests. In terms of plea agreement language, let me suggest the following: The United States agrees to make a motion seeking the appointment of a Guardian ad Litem to represent the identified victims. Following the appointment of such Guardian, the parties agree to work together in good faith to develop a Trust Agreement, subject to the Courts 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 chargé. Also, we do not have the power to bind Immigration and we make it a EFTA00194039 Gmail - (no subject) Page 8 of 17 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. •*******************************+,*****************•******** Begin forwarded message: From: Jay Letkowitz <JLellowilz©kirkland.com> Date: September 16, 2007 4:08:08 PM EDT To: "Made \Malan% Annallalla Subject: Re: Ok. Hard to respond this second. But I think we are getting there. Will call later. Thx Original Message From: "Ann Marie Villafana Sent: 09/16/2007 03:54 PM AST To: Jay Lefkowit.z, 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 Andy and he still doesn't like the factual basis. In his opinion, the plea should only address the crimes that we were addressing, and we were not investigating Mr. Epstein abusing his girlfriend. So, these are the only options that he recommended: 1. We go back to the original agreement where Mr. Epstein pleads only to state charges and serves his time in the state, except that we can agree to only 16 months imprisonment. 2. Mr. Epstein pleads guilty to the state charges and also pleads to either two obstruction counts or to one count of violating 47 USC 223(a)(1)(B), with a joint non-binding recommendation of 18 months, so that Mr. Epstein can serve his time federally. 3. (My suggestion only, not Andy's): I go back to the U.S. Attorney and ask him to agree to an ABA-plea to a 371 count (conspiracy 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 plead guilty and be sentenced after serving his federal time. Andy recommended that EFTA00194040 Gmail - (no subject) Page 7 of 17 have opposed a designation only once in a very particular case. I can assure you, and we can put it on the record at the plea colloquy that I will not oppose your recommendation for Mr. Epstein's designation. Re your paragraph 8: As I mentioned over the telephone, I cannot bind the girls to the Trust Agreement, and I don't think it is appropriate that a state court would administer a trust that seeks to pay for federal civil claims. We both want to avoid unscrupulous attorneys and/or litigants from coming forward, and I know that your client wants to keep these matters outside of public court filings, but I just don't have the power to do what you ask. Here is my recommendation. During the period between Mr. Epstein's plea and sentencing, I make a motion for appointment of the Guardian Ad Litem. The three of us.sit down and discuss things, and I will facilitate as much as I can getting the girls' approval of this procedure because, as I mentioned, I think it is probably in their best interests. In terms of plea agreement language, let me suggest the following: The United States agrees to make a motion seeking the appointment of a Guardian ad Litem to represent the identified victims. Following the appointment of such Guardian, the parties agree to work together in good faith to develop a Trust Agreement, subject to the Court's approval, that would provide for any damages owed to the identified victims pursuant to 18 U.S.C. Section 2255. Then include the last two sentences of your paragraph 8. Re the two paragraphs following your paragraph 8: I will include our standard language regarding resolving all criminal liability and I will mention "co-conspirators," but I would prefer not to highlight for the judge all of the other crimes and all of the other persons that we could charge. Also, we do not have the power to bind Immigration and we make it a policy not to try to, however, I can tell you that, as far as .l know, there is no plan to try to proceed on any immigration charges against either Ms. Ross or Ms. Marcinkova. Also, on the grand jury subpoenas, I can prepare letters withdrawing them as of the signing of the pleaagreement, 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. *********************************************************** 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 EFTA00194041 Gmail - (no subject) Page 6 of 17 Hi Jay -- This can wait until after the show, but my voice is going so I thought I would type it up. I talked to Andy and he still doesn't like the factual basis. In his opinion, the plea should only address the crimes that we were addressing, and we were not investigating Mr. Epstein abusing his girlfriend. So, these are the only options that he recommended: 1. We go back to the original agreement where Mr. Epstein pleads only to state charges and serves his time in the state, except that we can agree to only 18 months imprisonment. 2. Mr. Epstein pleads guilty to the state charges and also pleads to either two obstruction counts or to one count of violating 47 USC 223(a)(1)(B), with a joint non-binding recommendation of 18 months, so that Mr. Epstein can serve his time federally. 3. (My suggestion only, not Andy's): I go back to the U.S. Attorney and ask him to agree to an ABA-plea to a 371 count (conspiracy 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 plead guilty and be sentenced after serving his federal time. Andy recommended that some of the timing issues be addressed only in the state agreement, so that it isn't obvious to the judge that we are trying to create federal jurisdiction for prison purpbses. My understanding is that Mr. Epstein should sign a state plea agreement, plead guilty to the federal offenses, plead guilty to the state offenses, be sentenced on the federal offenses, and then be sentenced on the state offenses, and then start serving the federal ---sentence. Re your paragraph 3: As to the reservation of Mr. Epstein's right to withdraw his state plea or to appeal his state plea or sentence, that is fine, but we need the caveat that, if he were to do so, the United States could proceed on our charges. Re your paragraph 6: With respect to the waiver of the right to appeal the federal sentence, given the way we have drafted the information, it is possible that getting to the 18 month sentence will require an upward departure. The version of the agreement that you were working from is a federal non-prosecution agreement, the ones I have sent you recently are plea agreements that get filed with the court. Please see if the appeal waiver language in those versions is alright. Re yOur paragraph 7: As I mentioned, we will not waive the presentence investigation. I know that this will delay Mr. Epstein's sentencing by 70 days, but that will allow him to get all of his affairs in order. As to bail, it will be set at the time of arraignment, and we can work out a joint recommendation regarding the amount and its limitations. I have no objection to making a joint recommendation that Mr. Epstein remain out on bond pending his sentencing, but I'm not sure that it belongs in a plea agreement, especially since I can't bind the court on that issue. However, I can assure you, and we can put it on the record during the plea 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,A EFTA00194042 Page 5 of 17 Gmail - (no subject) Ami Ami H. Sheth* I Kirkland & Ellis LLP Citigroup Center 153 East 53rd Street I New York, NY 10022 I Direct I 212-446-6460 Fax I awe Ir and.com *Admission Pending in New York [attachment "20070923 Draft of Epstein Non-Prosecution Agreement (without Term 1) (Redlined).doc" deleted by Jay Lefkowitz/New York/Kirkland-Ellis] ****** ******* ***************** *********** ****************** 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. Begin-forwarded-message:--- From: Jay Lefkowitz <JLefkowiLz@kirkland.cem> Date: September 16, 2007 5:50:14 PM EDT To: "Made \Marano, Ann" Subject: Re: Marie - left message for Nat re Leslie. Roy will call you in am tomorrow re rescheduling the hearing and dealing the Riley and the other GJ subpoenas. You have my commitment regarding the extension issue. Thx ---- Original Message ---- From: "Ann Marie Villafana" Sent: 09/16/2007 03:54 PM AST To: Jay Lefkowitz Subject: Re: EFTA00194043 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 UNITED STATES ATTORNEY Page 6 of 6 EFTA00194044 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 for the offenses listed on Daces 1 and 2infra.. 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 for the offenses . , --)s," listed on nages.1 and 2 infra, it may be by way of an Information signed and filed by the United Ow' States Attomcy,'and hereby waives his right to be indicted by a grand jury. Page5 of 6 EFTA00194045 liability-otheuthen-that-eentained-in-1-8- 225-5, !Marie, we would like to address the restitution issue with you over the nhonej 7. Epstein shall enter his guilty plea and be sentenced not later than October -1-9,2/ 2007, and shall self-report to begin serving his sentence not later • than December IQ, 2007. 8. With-erectit-for-gain-timerEpstoin-shall-petve-at-least-450-days-in-the eoonty-jait.Eostcin will not be afforded any benefits with respect to gain time, other than the rights, opportunities and benefits as any other inmate, - •• - including but not limited to. eligibility for gain time credit based on r. standard rules and regulations that apply in the state of Florida. 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 i obligation to undertake discussion with the State Attorney's Office to ensure compliance with these procedures, which compliance will be nen-scary to satisfy the United States' interest, pursuant to the Petite policy. the manner described abovcto—vietime, if Epstein successfully fulfills all of the terms and In consideration of Epstein's agreement to plead guilty and to provide compensation in conditions of this agreement, the United States also agrees that it will not institute any criminal I charges against any potential co-conspirators of Epstein, including_but not limited to Sarah Kellen, Adrian Ross, Lesley Groff, or Nadia Marcinkeva. Further, upon execution of this agreement and a plea agreement with the State Attorney's Office, the federal Grand Jury investigation will be suspended, and-all pending federal Grand Jury subpoenas will be held in abeyance, and no new subpoenas will be issued unless and until the defendant violates any term , of this agreement Upon completion of the Agreement, the subpoenas reference above will be -- ------ withdrawn with-prejudice- and not-reissued,--The defendant• likewise-agrees to-withdraw his ,,,,,,, .,,- • - -,_ pending motion to intervene and to quash certain grand jury subpoenas. Both parties agree to ,'' maintain their evidence, including certain computer equipment, inviolate until all of the terms of this agreement have been satisfied. 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 breachof any one of these conditions allows the United States to elect to terminate the agreement and, to investigate and prosecute Epstein and any other individual or entity for any and all federal offenses. • 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 - Page 4 of 6 EFTA00194046 3. Epstein' shall waive all challenges to the Information filed by the State Attorney's Ofice f 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. After Epstein has signed this agreement and has been sentencedjthe United States shall provide Epstein's attorneys with a list of individuals created on IINSEBT DATEI whom it has identified es-and who have a cause of action under Florida Statutes Section 796.09vietifttares-defined-M after-rmstein-has-signed-this-agreentent-ead-been sentenced. Upon the execution of this agreement, the United—States District Attorney of Palm Beach will file a motion with the United-States Dietriet-Court-fer-the-Southem-Distriet-of Florida State Court in Palm Beach County for the appointment of a guardian ad them for these persons. Epstein's counsel may contact the identified individuals through that guardian. iti • Formatted te ;[:4 ,z,„ 6. If any, of the individuals referred to in paragraph (5), supra, elect to file P: suit pursuant to Florida Statutes Section 796.09. in any such suit by any such individual(s)18 U.S.C. § 2255, Epstein will not contest the jurisdiction of the United-States-Dietriet-Goort-feFthe-Seuthern-Dickiet-ef Florida State Court over his person and/or the subject matter, and Epstein r•i:4'.1. will wee (without admitting liability. 'whether under such statute or lc, otherwise) to settle such suit by paying each such individual's reasonable ; attorneys- fees and court— costs.—Plus - aggregate -damages;- compensatory and punitive damages, to each such individual in an amount t of $50,000.00 excluding reasonable attorneys fees and court costs. waives his-right to contest liability and also woivee his right to contest damages up provided herein nor any settlement by Epstein of any such suit shall te-en-emount-as-agreed-te-between-the-idemified-vietim-and-Enstein: Neither Epstein's signature on this agreement, nor any such waiver require, or is to be construed as, an admission, or as any evidence t whatsoever, of civil or criminal liability, whether under federal law or state • law, as to a y person including, butixit limited to. any individual whose name appears on the lisUrrovided by the United States Bpsteints-signatere en-this agreement-s not to be aonsUued as an admission ofeivil.ec criminel-liebility-es-to-any-persen-whose-mune-does-not-eppeaeen-thelist provided by the United Stetes;—As-te4hese-individuels-whese-nanted appear-on-the-listirrevided-by-the-United-Stetes,-Bpstein's-signaterle-en this-egreernem4ikewise-is-not-to-be-construed-es-en-edmissiori-of any oMi Page 3 of 6 • J. .1;1 . t 4 EFTA00194047 (5) knowingly, in and affecting interstate and foreign commerce, recruiting, enticing, 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(c)(I); in violation of Title 18, United States Code, Sections 1591(a)(1) and 2; and --1T—APPBARING-that-Erstein-has-aeeepted-respertsibility-fer-his-behe%tier-by-hiseignatare an-thisAgreementfand t.5.! IT APPEARING, after an investigation of the offenses and Epstein's background, that the es. interest of the United States pursuant to the Petite policy will be served by the following V:414: procedure; r. .90,4 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 l• 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. If the United States Attorney should determine based on reliable evidence that Epstein has violated any of the conditions of this Agreement, then the United States Attorney may at any time-initiate prosecution against Epstein for any offense listed above for the duration of this Agreement. In this case, the United States Attorney will finish Epstein with notice specifying the condition(s) of the Agreement that he has violated. After timely fulfilling all the terms and conditions of the ent, no prosecution for the offenses set out on pages 1 and 2 of this Agreement, nor any other offenses that have been the subject of the joint investigation by the Federal Bureau of Investigation and the United States Attorney's Office nor any offenses that were being investigated by the federal Grand Jury will be instituted in this District, and the charges againstEpstein if antwilt be dismissed. 2. Epstein and the State Attorney's Office shall make a joint, binding recommendation that the Court impose a thirty (30) month sentence to be divided as follows: (a) Epstein shall begin by serving at-least-eighteen (18) months in county jail for all charges, 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 twelve (12) months of community control. Page 2 of 6 t I0 t V0;( o) kt`:;t7346,. fr.22:ri 4 N^a":Nl. •=d 4f). gt; a EFTA00194048 IN RE: INVESTIGATION OF JEFFREY EPSTEIN NON-PROSECUTION AGREEMENT frt4tt;r1- 4n‘A-5.174ret.ltriti l'?7#1t. ••-^it, W'vt: •••••• • - r47J:A,L..e ...___.__.........;c,'_'•• field Coda Changed TT 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-one 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-certain offenses and Epstein's background,including; --1-T-APPEARING-thet-Jeffre).-13pstein4hereinefte spstein4-hae-eommitted-offeases against-the-Usited-8tates-fiem-iwor-ttreuttd-2004-throtigh-itt-er-around-Oetobee-200-5Tineluding: (1) knowingly and willfully 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 2A22(b);. all in•violation of Title-187United-States Code,-Section371;- (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(0, 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 U.S.C. § 2423(0, with minor females; in violation of Title 18, United States Code, Section 2423(b); and Page 1 of 6 11; EFTA00194049 Gmail - Fwd: Draft Agreement • Page 2 of 2 constitute inside information, and is intended on?.5, 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. *********************************t************************* j 20070923 Draft of Epstein Non-Prosecution Agreement (without Term 1) (Redlinac).doc 44K EFTA00194050 Grnail - Pvvd: Draft Agreement Page 1 of 2 cMail by KinSir Ann Marie Villafana Fwd: Draft Agreement 1 message Ann Marie Villafana Thu, Dec 27, 2007 at 10:09 PM To: "Ann Marie C. (USAFLS) Villafana" <ann.marie.c.villafana@usdoj.gov> Begin forwarded message: From: Ami Sheth <ASheth@kirkland.com> Date: September 23, 2007 1:56:03 PM EDT To: "", "Villafana, Ann Mario C. 1" jAnn.Marie.C.Villafana"@kirkland.com, "Qusdoj.goy] (USAFLS), Cc: Jay Lefkowitz*<JLefkowitz@kirkland.00m> . Subject Draft Agreement Marie - Jay is having some computer trouble and asked me to send this e-mail to you. Attached is a draftfordiscussion purposS-at your convenience-forsome time-this- - afternoon. It does not include Term 1 of the agreement, but it reflects all the issues we would like to discuss with you. Please let Jay know when you are available to speak. Thank you. Sincerely, Ami Ami H. Sheth* I Kirkland & Ellis LLP Citigroup Center 53 East Street I New York, NY 10022 I Direct i 212-446-6460 Fax I asheth©kirkland.com *Admission Pending in New York *********************************************************** The information dontained in this communication is confidential, may be attorney-client privileged, may EFTA00194051 EFTA00194052 although he did not intend to strike her. Based upon Mr. Epstein's words, Ms. Marcinkova reasonably was in fear that Mr. Epstein was about to touch her offensively. EFTA00194053 UNITED STATES vs. JEFFREY EPSTEIN PLEA PROFFER On August 2007, FBI Special Agents E. Nesbitt Kuyrkendall and Jason Richards 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 was then aboard a civilian aircraft in the Southern District of Florida, and was about to return to Teterboro, New Jersey. Mr. Epstein instructed Ms. Groff not to speak with the agents and reprimanded her for allowing them into her home. Mr. Epstein then re-directed his airplane, traveling to the U.S. Virgin Islands instead of the New York City area, thereby keeping the Special Agents from serving target letters on Nadia Marcinkova and Sarah Kellen. During_ that flight_ while in the special aircraft jurisdiction of the United States, the defendant telephoned Ms. Groff and applied pressure to keep her 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. Also during that flight, while in the special aircraft jurisdiction of the United States, the defendant became angry regarding the federal investigation and became verbally abusive and threatening towards his female companion, Nadia Marcinkova, EFTA00194054 Gmail - Re: JE negotiations Page 1 of 1 GM iii betto,,,k Re: JE negotiations 1 message Ann Marie Villafana Ann Marie Villafana To: Jay Lefkowitz <JLefkowitz@kirkland.com> 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. Sun, Sep 16,2007 at 11:41 AM 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. Groff at her home. The agents and I would need to speak with Ms. Marcinkova and Ms. Groff briefly to confirm 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. Epstein Plea Proffer.doc nl 21K EFTA00194055 Gmail - Re! JE negotiations Page 2 of 2 EFTA00194056 Gmail - Re: JE negotiations Re: JE negotiations 1 message Page 1 of 2 Ann Marie Villafana Jay Lefkowitz< JLefkowitz@kirkland.com> Sun, Sep 16, 2007 at 11:44 AM To: Ann Marie Villafana Yes. Will check it out this pm. Sending you various suggested edits shortly as well. Original Message ---- From: "Ann Marie Villafana Sent: 09/16/2007 11:41 AM To: Jay Lefkowitz Subject: Re: JE negotiations Hi Jay -- I looked up some 11th Circuit cases on simple assault and found some good language. 1 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. Groff at her home. The agents and I would need to speak with Ms. Marcinkova and Ms. Groff briefly to confirm 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. * ft***** ********** ***** *********** ***** * ******* ******** * * * ** 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. ********** ********* **************** *********** ************* EFTA00194057 . EFTA00194058 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Sunday, June 29, 2008 5:20 PM To: Sloman, Jeff (USAFLS); Atkinson, Karen (USAFLS) Subject: JE Just got word from FAA that JE's plane is flying from NY to West Palm with a stop in Georgia (probably to pick up Goldberger from his vacation). So maybe tomorrow really will happen. The agents and I are meeting early tomorrow to finalize victim list in the hopes that he will sign the notification in the courtroom. Does that sound alright with you? Please let me know. 757 EFTA00194059 EFTA00194060 Villafana, Ann Marie C. (USAFLS) From: Sloman, Jeff (USAFLS) Sent: Sunday, June 29, 2008 5:22 PM To: Villafana, Ann Marie C. (USAFLS); Atkinson, Karen (USAFLS) Cc: Acosta, Alex (USAFLS) Subject: Re: JE Yes - go get him! Good luck. Original Message From: Villafana, Ann Marie C. (USAFLS) To: Sloman, Jeff (USAFLS); Atkinson, Karen (USAFLS) Sent: Sun Jun 29 17:19:41 2008 Subject: JE Just got word from FAA that JE's plane is flying from NY to West Palm with a stop in Georgia (probably to pick up Goldberger from his vacation). So maybe tomorrow really will happen. The agents and I are meeting early tomorrow to finalize victim list in the hopes that he will sign the notification in the courtroom. Does that sound alright with you? Please let me know. 756 EFTA00194061 EFTA00194062 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Monday, June 30, 2008 10:11 AM To: Sloman, Jeff (USAFLS); Atkinson, Karen (USAFLS); Senior, Robert (USAFLS); Ball, Shawn (USAFLS); Acosta, Alex (USAFLS) Subject: Je It is done, we think 755 EFTA00194063 EFTA00194064 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Monday, June 30, 2008 11:32 AM To: Campos, Cyndee (USAFLS) Subject: RE: Can I get a copy of the signed letter between Alex and Lilly? Sorry it is 561-820-8777 A. Marie Villafaila Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Campos, Ondee (USAFLS) Sent Monday, June 30, 2008 11:32 AM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Can I get a copy of the signed letter between Alex and Lilly? Sorry saw it From: Villafana, Ann Marie C. (USARS) Sent Monday, June 30, 2008 11:30 AM To: Campos, Cyndee (USAFLS); Sloman, Jeff (USAFLS) Subject: Can I get a copy of the signed letter between Alex and Lilly? Importance: High Hi Cyndee or Jeff— Do we have a signed copy of the letter between Alex and Lilly where he modifies the agreement? I only have an e-mail containing the language. Thanks. A. Marie Villafaila Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Tracking: 747 EFTA00194065 EFTA00194066 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Monday, June 30, 2008 12:57 PM To: 'Jack Goldberger Cc: Atkinson, Karen (USAFLS) Subject: Revised page one of Notification Dear Jack: Attached please find the first page of the Notification, revised to reflect the changed plea agreement term. Thanku. victim lineation and Nc A. Marie Vitiate& Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Tracking: 744 EFTA00194067 EFTA00194068 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Monday, June 30, 2008 4:09 PM To: Braden, Myesha (CRT) Subject: RE: Saw the Epstein news So-so. After all the hell they put me through, I don't feel like celebrating 18 months. He should be spending 18 years in jail — with his lawyers in the cell next to him. But I did get to see him leaving the courtroom in handcuffs. And he will have to pay out a minimum of $4,650,000 in damages. So, how are you? A. Marie Villafafia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Braden, Myesha (CRT) Sent: Monday, June 30, 2008 2:41 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Saw the Epstein news Marie, How are you doing? Myesha Myesha K. Braden U.S. Department of Justice Civil Rights Division - Criminal Section (202) 305-1483 740 EFTA00194069 EFTA00194070 Villafana, Ann Marie C. (USAFLS) From: Sent: To: Subject: Villafana, Ann Marie C. (USAFLS) Sunday, June 29, 2008 11:22 AM Kuyrkendall, E N. (FBI) Meeting today Hi Nesbitt — I am going to work on my presentation outline here at home. When I have it put together I will give you a call and we can go over it by phone, if that is okay with you. P.S. Goldberger accepted the proposed change to the plea agreement, so it looks like the plea is probably going forward tomorrow unless Mr. Epstein changes his mind. A. Marie Villafafia Assistant U.S. Attorney 561 209-1047 Fax 561 820-8777 763 EFTA00194071 EFTA00194072 Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 760 EFTA00194073 EFTA00194074 Subject: Re: Notice of Non-Compliance Dear Jack: I have conferred with a state court practitioner who stated that there is nothing that prohibits you from agreeing to a consecutive six-month sentence of incarceration followed by one year of community control as specified in the non￾prosecution agreement. If you elect to proceed with the plea agreement as currently drafted, we ask that you insert the word "imprisoned" following the words "six months" in the second sentencing paragraph. Please confirm that this change is acceptable. Thank you. Marie Original Message From: Jack Goldberger <jgoldberger@agwpa.com> To: Villafana, Ann Marie C. (USAFLS) Cc: Jack Goldberger <jgoldberger@agwpa.com> Sent: Sat Jun 28 08:49:55 2008 Subject: RE: Notice of Non-Compliance Dear Ms Villafana, please allow this e-mail to confirm our telephone conference of 6:30 pm on June 27 wherein we discussed the Epstein plea agreement and we agreed that the Epstein state plea agreement was in compliance with the September 2007 non-prosecution agreement entered into between Mr. Epstein and the USA0 for the Souhern District of Florida. Jack Goldberger From: Villafana, Ann Marie C. (USAFLS) [mailto:Ann.Marie.C.Villafana@usdoj.gov] Sent: Fri 6/27/2008 5:45 PM To: Jack Goldberger; Roy BLACK Cc: Atkinson, Karen (USAFLS) Subject: Notice of Non-Compliance Dear Messrs. Goldberger and Black: Please see the attached Notification Letter. «080627 Goldberger Black notification ltr.pdf» A. Marie Villafaha 759 EFTA00194075 EFTA00194076 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Sunday, June 29, 2008 12:15 PM To: Kuyrkendall, E N. (FBI) Subject: RE: Notice of Non-Compliance CONFIDENTIAL Hi Nesbitt -- I sent you an e-mail earlier today letting you know that Goldberger agreed to my change, so it looks like Monday is going to happen. I have spoken with the Chief and he also spoke to the Sheriff about serving the time out at the jail. The Chief also is going to call some victims to inform them that he received a call from the State Attorney's Office about a plea hearing on Monday. I am very surprised that there has been no press coverage. Yes, can we meet on Monday morning. I want to have the victim list ready to go before we head to the hearing in case we can get him to sign it right then and there. A. Marie Villafana Assistant U.S. Attorney 561 209-1047 Fax 561 820-8777 Original Message From: Kuyrkendall, E N. (FBI) Sent: Sunday, June 29, 2008 11:54 AM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Notice of Non-Compliance Marie, Just wanted to let you know Jason and I are working on the remaining 5 girls and getting everything ready for GJ. Did you ever hear back from Jack Goldberger? I spoke with Joe yesterday and he agreed with Dave, that the PBC Detention Center is the jail. He also mentioned any sentenced under a year is served at the jail. If over that, Epstein will be serving at the Dept of Correction which is the Stockade. Joe also mentioned that the Sheriff determines how the sentence is carried out. We have already met with the Colonel at the jail some months ago. If all goes well tomorrow, we should ALL meet with the Colonel again just to reiterate our position. We have not heard from AMOC but will let you know when we do. Give us a shout later today and let us know if you would like to meet us tomorrow morning prior to going to the courthouse. Nesbitt From: Villafana, Ann Marie C. (USAFLS) [Ann.Marie.C.Villafana@usdoj.gov] Sent: Saturday, June 28, 2008 11:20 AM To: jgoldberger@agwpa.com Cc: Atkinson, Karen (USAFLS); RBlack@RoyBlack.com 758 EFTA00194077 EFTA00194078 Villafana, Ann Marie C. (USAFLS) From: Senior, Robert (USAFLS) <RSenior@usa.doj.gov> Sent: Monday, December 15, 2008 10:55 AM To: Villafana, Ann Marie C. (USAFLS); Sloman, Jeff (USAFLS); Atkinson, Karen (USAFLS) Cc: Kuyrkendall, E N. (MM) (FBI); Richards, Jason R. (MM) (FBI) Subject: RE: Epstein Thanks Marie. From: Villafana, Ann Marie C. (USAFLS) Sent: Monday, December 15, 2008 10:46 AM To: Sloman, Jeff (USAFLS); Senior, Robert (USAFLS); Atkinson, Karen (USAFLS) Cc: Kuyrkendall, E N. (FBI); Richards, Jason R. (FBI) Subject Epstein I saw the PB Police Chief this morning and he told me about these articles in Saturday's Palm Beach Daily News. One is an article and the other is an editorial. One of them makes clear that our office was not informed of the release until well after the fact. I told the Chief that we had written a letter to the Sheriff's Office and he said he would use a public records request to get a copy. << File: 081213 PB Daily News Editorial.pdf >> << File: 081213 PB Daily News Artiele.pdf >> A. Marie Villafalia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 33 EFTA00194079 EFTA00194080 CAPTAIN DAVID SLEETH DECEMBER 11, 2008 PAGE 5 application for work release. I understand that Judge McSorley's standing order states that she "takes no position with respect to the eligibility of any inmate sentenced in this Division unless specifically stated at time of sentencing." Because of her absence, Judge McSorley did not conduct the sentencing and, therefore, did not have the opportunity to weigh any objections to work release at that hearing. It is unclear whether Judge Pucillo was aware of Judge McSorley's standing order when she imposed sentence. In utilizing your discretion, you may or may choose to consult with the appropriate judge on this matter. Request for Notification As I had previously asked of Colonel Gauger, I would appreciate if you would keep me informed of any changes to Mr. Epstein's release status so that I may fulfill my obligations to keep the victims identified through the federal investigation informed of Mr. Epstein's status. I have informed all of the known victims of Mr. Epstein of the change in his incarceration status and that you are the contact person if they have any questions. Some may ask that their locations be amongst the "Exclusionary Zones" programmed into Mr. Epstein's GPS unit. If you need their addresses, please let me know. Please feel free to contact me with any questions or concerns. Sincerely, R. Alexander Acosta United States Attorney By: A. Marie Villafafia Assistant United States Attorney cc: Colonel Michael Gauger Karen Atkinson, Chief, Northern Division I EFTA00194081 . EFTA00194082 CAPTAIN DAVID SLEEIll DECEMBER 11, 2008 PAOE 4 Custody Unit immediately if the Participant: (1) Fails to appear for work at the scheduled time; and (2) Leaves the place of employment prior to the scheduled time." Both in this form and in Mr. Indyke's letter in support of Mr. Epstein's application, Mr. Indyke neglects to inform the Sheriff's Office of two significant facts. First, Mr. Indyke lives and works in the New York metropolitan area. He likely will not be present at Mr. Epstein's workplace, so he may not know if Mr. Epstein "fails to appear for work" or "leaves the place of employment." In that event, Mr. Indyke also will not be able to supervise Mr. Epstein's actual work to determine whether he is truly doing the work of The Florida Science Foundation s Second, Mr. Indyke does not "employ" Mr. Epstein. Instead, Mr. Epstein "employs" Mr. Indyke. Mr. Epstein is the President and founder of The Florida Science Foundation and Mr. Indyke is its Vice President. More importantly, Mr. Epstein is also the founder and President of the Financial Trust Company, his for-profit corporation. Mr. Indyke is Mr. Epstein's subordinate at that entity as well. One of Mr. Epstein's attorneys has suggested that Mr. Epstein is using his time on work release to manage investments resulting in investment income of millions of dollars. If that is true, then Mr. Epstein is acting outside of the scope of his employment with The Florida Science Foundation. Instead, that would be in keeping with Mr. Epstein's work for his for-profit corporation, which would inure to the benefit of Mr.. Indyke. Because that work would result in a financial benefit to him, and because he is Mr. Epstein's subordinate at that corporation, Mr. Indyke may be reluctant to inform the Sheriffs Office of this violation of the terms of Mr. Epstein's Work Release contract. The "references" listed by Mr. Epstein all appear to have the same conflict of interest. Mr. Epstein did not list any past or present co-workers, supervisors, or clients. Instead, he has listed four attorneys who are currently retained—and paid—by Mr. Epstein. Their attorney￾client privilege obligations might further restrain them from notifying the Sheriff's Office if Mr. Epstein was not abiding by the work release rules. As I previously mentioned to Colonel Gauger, the decision regarding work release is completely within the discretion of the Sheriff's Office. The purpose of this letter is simply to provide you with information concerning Mr. Epstein's offenses and his work situation. Judge Pucillo, who conducted the change of plea and sentencing, heard the factual proffer and imposed Mr. Epstein's sentence. She has not been consulted regarding Mr. Epstein's 20n the application for registration of the Florida Science Foundation with Florida's Department of State, Mr. Indyke lists his true address in Livingston, New Jersey. EFTA00194083 EFTA00194084 CAPTAIN DAVID SIEETH DECEMBER 11, 2008 PAGE 3 through 2/28/07).' These sworn filings show that Mr. Epstein worked for the Foundation for only one hour per week and earned no compensation. Cie& page 6 of each return.) All of these returns were signed under penalty of perjury by either Mr..Epstein or Darren Indyke, who is listed in Mr. Epstein's work release file as Mr. Epstein's "supervisor." Mr. Epstein's representations concerning his prior work duties andsegiry may violate the salary and employment verification requirements of C.O.P. #926.0 lex CX7) and (8). In response to your requirement of "a detailed work schedule," Mr. Indyke has provided the following two sentences: [Mr. Epstein's] duties will require him to work six days a week, Monday through Saturday, at the Foundation's office located at 250 S. Australian Avenue, Suite 1404, West Palm Beach, Florida from the hours of 8:00 A.M. to 8:00 P.M. As President of the Foundation, Mr. Epstein will be responsible for the general oversight and management of the Foundation, and particularly, to seek out, evaluate and determine worthy charitable causes to which the Foundation may make contributions. Mr. Indyke did not disclose that Mr. Epstein only worked one hour per week prior to his incarceration and has provided no explanation ofwhy Mr. Epstein could perform these duties in one hour per week before he was incarcerated but now needs to spend 72 ho h week to do the same job. Again, this appears to be inconsistent with C.O.P. #9261.4(C)(7). c Mr. Indyke has signed the "Alternative Custody Unit Program Agreement" as Mr. Epstein's "employer." In that Agreement, Mr. Indyke promises to "notify the Alternative 'The returns are available online at the following public websites: FY2006: http://www.guidestar.org/FinDocuments/2007/131/996/2007-133996471-0391c8db-F.pdf FY2005: http://www.guidestar.org/FinDocuments/2006/133/996/2006-133996471-02c9625e-F.pdf FY2004: http://www.guidestar.org/FinDocuments/2005/133/996/2005-133996471-02056acf-F.pdf FY2003: http://www.guidestar.org/FinDocuments/2004/133/996/2004-133996471-1-F.pdf FY 2002: http://www.guidestar.org/FinDocuments/2003/133/996/2003-133996471-1-F.pdf FY2001: http://www.guidestar.org/FinDocuments/2002/133/996/2002-133996471-1-F.pdf FY2000: http://wvvw.guidestar.oreFinDocurnents/2001/133/996/2001-133996471-1-F.pdf FY1999: http://wwvv.guidestar.org/FinDocuments/2000/133/996/2000-133996471-1-F.pdf FY1998: http://www.guidestatorg/FinDocuments/1999/133/996/1999-133996471-1-F.pdf EFTA00194085 EFTA00194086 CAPTAIN DAVID SLEPT. II DECEMBER 11, 2008 PAGE 2 paperwork, this violation is referred to simply as "prostitution." The charge is not a solicitation of prostitution charge, it is a procurement of a minor to engage in prostitution. Florida courts have defined the offense as "inducing a victim to engage in sexual activity" for money and "persuading, inducing, or prevailing upon a person to do something sexual" for financial gain. In other words, the statute addresses the recruiting of minors who have not previously been involved in prostitution to engage in sexual activity for commercial gain to a recruiter or "pimp"/"madame." The Florida Legislature has acknowledged the significant difference between solicitation under F.S.S. 796.07 and procurement of minors under F.S.S. 796.03 by requiring persons convicted of violating F.S.S. 796.03 to register as sex offenders. The distinction may be meaningful to the victims of Mr. Epstein's offenses, who could feel that they are being stigmatized as "prostitutes." Inaccuracies and Omission in Work Release Application and Related Documents Throughout the records related to Mr. Epstein's work release placement, he is alternatively referred to as working for "The Florida Science Foundation" or "self￾employed," and Mr. Epstein lists his salary as $250,000. Mr. Epstein describes himself as "returning to work" and "eligible for re-employment" at The Florida Science Foundation. Please be advised that the only W-2 that Mr. Epstein provided is from Financial Trust Company, Inc., which shows that Mr. Epstein was employed in the U.S. Virgin Islands at a salary of $180,785.62, not $250,000. Mr. Epstein provided to you no documentation regarding his pre-incarceration employment with "The Florida Science Foundation" or its corporate alter-ego, "The CO.U.Q. Foundation, Inc." As you will see, the Foundation, its offices, and Mr. Epstein's purported job schedule were all created on the eve of Mr. Epstein's incarceration in order to provide him with a basis for seeking work release. The Florida Science Foundation was not registered with the State of Florida and had no office space or telephone number until after Mr. Epstein was already incarcerated. The application filed with the State of Florida and signed under penalty of perjury by Richard Kahn lists Mr. Kahn's and the Foundation's telephone number as "561-659-8300." That is the telephone number of Atterbury, Goldberger and Weiss—one of the law firms representing Mr. Epstein. Richard Kahn is a partner at the law firm of Sullivan and Cromwell in New York and has no association with the Atterbury firm. Checking public records available on the internet, I located the IRS returns of "The C.O.U.Q. Foundation, Inc." for fiscal years 1999 through 2006 (which covers the period EFTA00194087 EFTA00194088 U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beach FL 33401 (561) 820-8711 Facsimile: (561) 820-8777 December 11, 2008 VIA HAND DELIVERY Captain David Sleeth Palm Beach Sheriff's Office Corrections Division 3228 Gun Club Road West Palm Beach, FL 33406 Re: Work Release Application of Jeffrey Epstein Dear Captain Sleeth: The U.S. Attorney's Office recently learned that Inmate Jeffrey Epstein applied for and was approved for participation in the Palm Beach Sheriff's Office's ("PBSO") work release program. Through a request for public records, I have received a copy of Mr. Epstein's work release file. After doing some internet research of public records and making a few telephone calls, I discovered some inaccuracies and omissions in Mr. Epstein's file that I wanted to bring to your attention. During a recent meeting, Roy Black, one of Mr. Epstein's attorneys, invited us to share our concerns with PBSO. Eligibility for Participation I understand that Mr. Epstein would be ineligible for participation in the work release program if he committed three violations of F.S.S. 796 within the past five years. Mr. Epstein has been charged with and convicted of a felony violation of F.S.S. 796.07. In order to be convicted of a felony violation of that statute, one must commit "a third or subsequent violation." In other words, Mr. Epstein has committed at least three violations of Section 796.07, and in his "Alternative Custody Program Placement Synopsis," Mr. Epstein's charges are described as "Recommit: Prostitution." In addition to those three violations, Mr. Epstein also has been convicted of violating F.S.S. 796.03, procuring a person under the age of 18 for prostitution. Throughout his EFTA00194089 EFTA00194090 CAPTAIN DAVID SLEETH DECEMBER 1 I, 2008 PAGE 5 application for work release. I understand that Judge McSorley's standing order states that she "takes no position with respect to the eligibility of any inmate sentenced in this Division unless specifically stated at time of sentencing." Because of her absence, Judge McSorley did not conduct the sentencing and, therefore, did not have the opportunity to weigh any objections to work release at that hearing. It is unclear whether Judge Pucillo was aware of Judge McSorley's standing order when she imposed sentence. In utilizing your discretion, you may or may not choose to consult with the appropriate judge on this matter. Request for Notification As I had previously asked of Colonel Gauger, I would appreciate if you would keep me informed of any changes to Mr. Epstein's release status so that I may fulfill my obligations to keep the victims identified through the federal investigation informed of Mr. Epstein's status. I have informed all of the known victims of Mr. Epstein of the change in his incarceration status and that you are the contact person if they have any questions. Some may ask that their locations be amongst the "Exclusionary Zones" progratruned into Mr. Epstein's GPS unit. If you need their addresses, please let me know. Please feel free to contact me with any questions or concerns. Sincerely, R. Alexander Acosta United States Attorney By: ' A. Marie Villafafia Assistant United States Attorney cc: Colonel Michael Gauger Karen Atkinson, Chief, Northern Division I EFTA00194091 EFTA00194092 CAPTAIN DAVID SLEETH DECEMBER II, 2008 PAGE 4 Custody Unit inunediately if the Participant: (1) Fails to appear for work at the scheduled time; and (2) Leaves the place of employment prior to the scheduled time." Both in this form and in Mr. Indyke's letter in support of Mr. Epstein's application, Mr. Indyke neglects to inform the Sheriff's Office of two significant facts. First, Mr. Indyke lives and works in the New York metropolitan area. He likely will not be present at Mr. Epstein's workplace, so he may not know if Mr. Epstein "fails to appear for work" or "leaves the place of employment." In that event, Mr. Indyke also will not be able to supervise Mr. Epstein's actual work to determine whether he is truly doing the work of The Florida Science Foundation.' Second, Mr. Indyke does not "employ" Mr. Epstein. Instead, Mr. Epstein "employs" Mr. Indyke. Mr. Epstein is the President and founder of The Florida Science Foundation and Mr. Indyke is its Vice President. More importantly, Mr. Epstein is also the founder and President of the Financial Trust Company, his for-profit corporation. Mr. Indyke is Mr. Epstein's subordinate at that entity as well. One of Mr. Epstein's attorneys has suggested that Mr. Epstein is using his time on work release to manage investments resulting in investment income of millions of dollars. If that is true, then Mr. Epstein is acting outside of the scope of his employment with The Florida Science Foundation. Instead, that would be in keeping with Mr. Epstein's work for his for-profit corporation, which would inure to the benefit of Mr. Indyke. Because that work would result in a financial benefit to him, and because he is Mr. Epstein's subordinate at that corporation, Mr. Indyke may be reluctant to inform the Sheriff's Office of this violation of the terms of Mr. Epstein's Work Release contract. The "references" listed by Mr. Epstein all appear to have the same conflict of interest. Mr. Epstein did not list any past or present co-workers, supervisors, or clients. Instead, he has listed four attorneys who are currently retained—and paid—by Mr. Epstein. Their attorney￾client privilege obligations might further restrain them from notifying the Sheriff's Office if Mr. Epstein was not abiding by the work release rules. As I previously mentioned to Colonel Gauger, the decision regarding work release is completely within the discretion of the Sheriff's Office. The purpose of this letter is simply to provide you with information concerning Mr. Epstein's offenses and his work situation. Judge Pucillo, who conducted the change of plea and sentencing, heard the factual proffer and imposed Mr. Epstein's sentence. She has not been consulted regarding Mr. Epstein's 'On the application for registration of the Florida Science Foundation with Florida's Department of State, Mr. Indyke lists his true address in Livingston, New Jersey. EFTA00194093 . EFTA00194094 CAPTAIN DAVID SLEETH DECEMBER 11, 2008 PAGE 3 through 2/28/07).' These sworn filings show that Mr. Epstein worked for the Foundation for only one hour per week and earned no compensation. See page 6 of each return.) All of these returns were signed under penalty of perjury by either Mr. Epstein or Darren Indyke, who is listed in Mr. Epstein's work release file as Mr. Epstein's "supervisor." Mr. Epstein's representations concerning his prior work duties and salary may violate the salary and employment verification requirements of C.O.P. #926.01(11(C)(7) and (8). In response to your requirement of "a detailed work schedule," Mr. Indyke has provided the following two sentences: [Mr. Epstein's] duties will require him to work six days a week, Monday through Saturday, at the Foundation's office located at 250 S. Australian Avenue, Suite 1404, West Palm Beach, Florida from the hours of 8:00 A.M. to 8:00 P.M. As President of the Foundation, Mr. Epstein will be responsible for the general oversight and management of the Foundation, and particularly, to seek out, evaluate and determine worthy charitable causes to which the Foundation may make contributions. Mr. Indyke did not disclose that Mr. Epstein only worked one hour per week prior to his incarceration and has provided no explanation of why Mr. Epstein could perform these duties in one hour per week before he was incarcerated but now needs to spend 72 hours each week to do the same job. Again, this appears to be inconsistent with C.O.P. #926.01(I)(C)(7). Mr. Indyke has signed the "Alternative Custody Unit Program Agreement" as Mr. Epstein's "employer." In that Agreement, Mr. Indyke promises to "notify the Alternative 'The returns are available online at the following public websites: FY2006: http://www.guidestar.org/FinDocuments/2007/133/996/2007-133996471-0391c8db-F.pdf FY2005: http://www.guidestar.org/FinDocuments/2006/133/9962006-133996471-02c9625e-F.pdf FY2004: http://www.guidestar.org/FinDocuments/2005/133/996/2005-133996471-02056acf-F.pdf FY2003: http://www.guidestar.org/FinDocuments/2004/133/996/2004-133996471-1-F.pdf FY 2002: http://www.guidestar.org/FinDocuments/2003/133/996/2003-133996471-1-F.pdf FY2001: http://www.guidestar.org/FinDocuments/2002/133/996/2002-133996471-1-F.pdf FY2000: http://www.guidestar.org/FinDocuments/2001/133/996/2001-133996471-1-F.pdf FY1999: http://www.guidestatorg/FinDocuments/2000/133/996/2000-133996471-1 -F.pdf FY1998: http://www.guidestar.org/FinDocuments/1999/133/996/1999-133996471-1-F.pdf EFTA00194095 EFTA00194096 CAPTAIN DAVID SLEEK DECEMBER 11, 2008 PAGE 2 paperwork, this violation is referred to simply as "prostitution." The charge is not a solicitation of prostitution charge, it is a procurement of a minor to engage in prostitution. Florida courts have defined the offense as "inducing a victim to engage in sexual activity" for money and "persuading, inducing, or prevailing upon a person to do something sexual" for financial gain. In other words, the statute addresses the recruiting of minors who have not previously been involved in prostitution to engage in sexual activity for commercial gain to a recruiter or "pimp"/"madame." The Florida Legislature has acknowledged the significant difference between solicitation under F.S.S. 796.07 and procurement of minors under F.S.S. 796.03 by requiring persons convicted of violating F.S.S. 796.03 to register as sex offenders. The distinction may be meaningful to the victims of Mr. Epstein's offenses, who could feel that they are being stigmatized as "prostitutes." Inaccuracies and Omission in Work Release Application and Related Documents Throughout the records related to Mr. Epstein's work release placement, he is alternatively referred to as working for "The Florida Science Foundation" or "self￾employed," and Mr. Epstein lists his salary as $250,000. Mr. Epstein describes himself as "returning to work" and "eligible for re-employment" at The Florida Science Foundation. Please be advised that the only W-2 that Mr. Epstein provided is from Financial Trust Company, Inc., which shows that Mr. Epstein was employed in the U.S. Virgin Islands at a salary of $180,785.62, not $250,000. Mr. Epstein provided to you no documentation regarding his pre-incarceration employment with "The Florida Science Foundation" or its corporate alter-ego, "The C.O.U.Q. Foundation, Inc." As you will see, the Foundation, its offices, and Mr. Epstein's purported job schedule were all created on the eve of Mr. Epstein's incarceration in order to provide him with a basis for seeking work release. The Florida Science Foundation was not registered with the State of Florida and had no office space or telephone number until after Mr. Epstein was already incarcerated. The application filed with the State of Florida and signed under penalty of perjury by Richard Kahn lists Mr. Kahn's and the Foundation's telephone number as "561-659-8300." That is the telephone number ofAtterbury, Goldberger and Weiss—one of the law firms representing Mr. Epstein. Richard Kahn is a partner at the law firm of Sullivan and Cromwell in New York and has no association with the Atterbury firm. Checking public records available on the internet, I located the IRS returns of "The C.O.U.Q. Foundation, Inc." for fiscal years 1999 through 2006 (which covers the period EFTA00194097 EFTA00194098 U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beach, FL 33401 (561) 820-8711 Facsimile: (561) 820-8777 December 11, 2008 VIA HAND DELIVERY Captain David Sleeth Palm Beach Sheriff's Office Corrections Division 3228 Gun Club Road West Palm Beach, FL 33406 Re: Work Release Application of Jeffrey Epstein Dear Captain Sleeth: The U.S. Attorney's Office recently learned that Inmate Jeffrey Epstein applied for and was approved for participation in the Palm Beach Sheriff's Office's ("PBSO") work release program. Through a request for public records, I have received a copy of Mr. Epstein's work release file. After doing some internet research of public records and making a few telephone calls, I discovered some inaccuracies and omissions in Mr. Epstein's file that I wanted to bring to your attention. During a recent meeting, Roy Black, one of Mr. Epstein's attorneys, invited us to share our concerns with PBSO. eligibility for Participation I understand that Mr. Epstein would be ineligible for participation in the work release program if he committed three violations of F.S.S. 796 within the past five years. Mr. Epstein has been charged with and convicted of a felony violation of F.S.S. 796.07. In order to be convicted of a felony violation of that statute, one must commit "a third or subsequent violation." In other words, Mr. Epstein has committed at least three violations of Section 796.07, and in his "Alternative Custody Program Placement Synopsis," Mr. Epstein's charges are described as "Recommit: Prostitution." In addition to those three violations, Mr. Epstein also has been convicted of violating F.S.S. 796.03, procuring a person under the age of 18 for prostitution. Throughout his EFTA00194099 EFTA00194100 Hi guys — ES and I are having a little "Holiday Happy Hour" at our place tomorrow night. A few people from the office, a few agents, a few stragglers, etc. Any chance you are in the mood for a drive? I promise very festive drinks and yummy food. And we have room for people to crash if you don't want to drive. Our place is NOT along the chauffeur-driven route of Mr. Epstein, so there is no chance for confrontation. On a serious note, should I send a copy of my letter to Mr. Black? A. Marie Villafafia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 32 EFTA00194101 EFTA00194102 Villafana, Ann Marie C. (USAFLS) From: Sent: To: Subject: Senior, Robert (USAFLS) <RSenior@usa.doj.gov> Thursday, December 11, 2008 6:57 PM Villafana, Ann Marie C. (USAFLS); Sloman, Jeff (USAFLS) Re: An excuse to come to WPB? Likewise cant join although levity would be welcome. Thanks for thinking of us. From: Villafana, Ann Marie C. (USAFLS) To: Sloman, Jeff (USAFLS) Cc: Senior, Robert (USAFLS) Sent: Thu Dec 11 18:30:36 2008 Subject: RE: An excuse to come to WPB? Sorry you can't join us. Letter is going out to Roy. A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Sloman, Jeff (USAFLS) Sent: Thursday, December 11, 2008 5:30 PM To: Villafana, Ann Marie C. (USAFLS) Cc: Senior, Robert (USAFLS) Subject: RE: An excuse to come to WPB? Marie, I'd love to join you guys but even if Epstein drives me, I cannot make it. Regarding the letter, Bob and I think you should send him a copy. Take care, Jeff From: Villafana, Ann Marie C. (USAFLS) Sent: Thursday, December 11, 2008 3:59 PM To: Kirkpatrick, Lynn (USAFLS); Senior, Robert (USAFLS); Sloman, Jeff (USAFLS) Subject: An excuse to come to WPB? 31 EFTA00194103 EFTA00194104 Villafana, Ann Marie C. (USAFLS) From: Sloman, Jeff (USAFLS) <JSIoman@usa.doj.gon Sent: Thursday, December 11, 2O08 5:30 PM To: Villafana, Ann Marie C. (USAFLS) Cc: Senior, Robert (USAFLS) Subject: RE: An excuse to come to WPB? Marie, I'd love to join you guys but even if Epstein drives me, I cannot make it. Regarding the letter, Bob and I think you should send him a copy. Take care, Jeff From: Villafana, Ann Marie C. (USAFLS) Sent: Thursday, December 11, 2008 3:59 PM To: Kirkpatrick, Lynn (USAFLS); Senior, Robert (USAFLS); Sloman, Jeff (USAFLS) Subject: An excuse to come to WPB? Hi guys - EJ and I are having a little "Holiday Happy I lour" at our place tomorrow night. A few people from the office, a few agents, a few stragglers, etc. Any chance you arc in the mood for a drive? I promise very festive drinks and yummy food. And we have room for people to crash if you don't want to drive. Our place is NOT along the chauffeur-driven route of Mr. Epstein, so there is no chance for confrontation. On a serious note, should I send a copy of my letter to Mr. Black? A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 33 EFTA00194105 EFTA00194106 Villafana, Ann Marie C. (USAFLS) From: Sloman, Jeff (USAFLS) <JSloman@usa.doj.gov> Sent: Wednesday, December 10, 2008 9:32 AM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Letter re Epstein work release Bob is not in yet. We'll discuss as soon as he gets here. —Original Message--- From: Villafana, Ann Marie C. (USAFLS) Sent: Wednesday, December 10, 2008 9:19 AM To: Senior, Robert (USAFLS); Sloman, Jeff (USAFLS) Cc: Atkinson, Karen (USAFLS); Ball, Shawn (USAFLS) Subject: Letter re Epstein work release Hi guys. Any comments on the Epstein work release letter? Nesbitt is all ready to hand deliver it. Thanks. 32 EFTA00194107 EFTA00194108 Villafana, Ann Marie C. (USAFLS) From: Senior, Robert (USAFLS) <RSenior@usa.doj.gov> Sent: Wednesday, December 10, 2008 8:11 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Re: Epstein What ois your schedule tomorrow, lets talk am if possible. — Original Message From: Villafana, Ann Marie C. (USAFLS) To: Senior, Robert (USAFLS); Sloman, Jeff (USAFLS); Atkinson, Karen (USAFLS) Sent: Wed Dec 10 19:05:30 2008 Subject: Fw: Epstein I was hoping to preempt this. -- Original Message — From: Kuyrkendall, E N. (FBI) To: Villafana, Ann Marie C. (USAFLS) Sent: Wed Dec 10 18:41:55 2008 Subject: Epstein Article coming out tomorrow about Epstein's work release. It will be in a small Palm Beach paper. U can c article tonight online. Call me if u have a problem fording it and I will get more info. Both Herman and Goldberger are quoted. 30 EFTA00194109 EFTA00194110 Villafana, Ann Marie C. (USAFLS) From: Roy BLACK < SMACK@ roybla c k.co m > Sent: Friday, December 5, 2008 622 PM To: JLefkowitz@kiridand.com; Villafana, Ann Marie C. (USAFLS) Cc: Atkinson, Karen (USAFLS) Subject: Re: Epstein Thanks for the notice Marie. --Original Message---- From: "Villafana, Ann Marie C. (USAFLS)" <Ann.Marie.C.Villafana@usdoj.gov> To: <,/Leficowitz@kirkland.corn> To: Roy BLACK <RBLACK®royblack.com> Cc: Karen (USAFLS) Atkinson <Karen.Atkinson@usdoj.gov> Sent: 12/5/2008 6:17:23 PM Subject: Epstein Dear Roy and Jay: This afternoon Brad Edwards filed the Non-Prosecution Agreement with the Court in the Jane Does' USA case. He filed it under seal and then asked the Court to unseal it. I will fax his papers to you on Monday. 11 EFTA00194111 EFTA00194112 Villafana, Ann Marie C. (USAFLS) From: Roy BLACK <RBLACK@royblack.com> Sent: Thursday, December 4, 2008 1:34 PM To: Villafana, Ann Marie C. (USAFLS) Cc: Sloman, Jeff (USAFLS) Subject: Re: Motion Attachments: Motion to Correct Sentence.wpd Marie here is our motion to correct the sentence. As you can see Judge Pucillo is a retired judge who only handled McSorleys docket that day. Since the plea had to be done on that day due to our agreement Judge Pucillo handled it. Epstein's case has always been in division W which is McSorley and McSorley's order says all division W cases for work release are in the discretion of the sheriff. Also Jack says McSorley entered the new sentencing order without notice to anyone and in fact he didn't know it until this matter came up. >>> "Villafana, Ann Marie C. (USAFLS)" <Ann.Marie.C.Villafana@usdoj.gov> 12/4/2008 12:51 PM >» Hi Roy - can you email the motion to Karen and I before it is filed? Thank you. 10 EFTA00194113 EFTA00194114 Villafana, Ann Marie C. (USAFLS) From: Jay Lefkowitz <JLefkowitz@kirkland.com> Sent: Wednesday, December 3, 2008 4:48 PM To: Villafana, Ann Marie C. (USAFLS) Cc: Iefkowitz@kirkland.com Subject: Re: Jeffrey Epstein Marie - Sorry for not responding earlier. I am not planning on coming down for the meeting. Jay "VIIlafana, Ann Marie C. (USAFLS)" <Ann.Marlo.C.Villafana@usdo).poy> 12/01/2008 12.34 PM To slelkowitz@kirkland.com> CC Subject Jeffrey Epstein Hi Jay — Are you going to be at the meeting on Thursday with Roy? A. Marie Villafaiia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 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. **** *************** ************ ***** *********************** 21 EFTA00194115 EFTA00194116 Hi Jay — Are you going to be at the meeting on Thursday with Roy? A. Marie Villafalia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 ********** * ***** ************* **************** ************** The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments. ***** ************* * ********* *********** ****** * ********* **** ******* ***** ******************** *********** **************** The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments. *************** ***** * *********** ******** ****** ************* EFTA00194117 . EFTA00194118 Villafana, Ann Marie C. (USAFLS) From: Jay Lefkowitz <JLefkowitz@kirkland.corn> Sent: Wednesday, December 3, 2008 4:50 PM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Jeffrey Epstein sure -- can call you in 10 min. office? "Villefana, Ann Marie C. (USAFLS)" <Ann.Marle.C.Villafana@usdol.gov> 12/03/2008 04:49 PM Do you have a minute to talk? A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Jay Lefkowitz [mailtoaefkowitz©kirkland.com] Sent: Wednesday, December 03, 2008 4:48 PM To: Villafana, Ann Marie C. (USAFLS) Cc: lefkowitz@kirkland.com Subject: Re: Jeffrey Epstein To "Jay Lefkowite <Jlefkowitzekirkland.con» cc Subject RE: Jeffrey Epstein Marie - Sorry for not responding earlier. I am not planning on coming down for the meeting. Jay "Villafana, Ann Marie C. (USAFLS)" <Ann.Marle.C.Villafana@usdoLgov> 12/01/200812:34 PM To <lelkowitzekirkland.corn> cc Subject Jeffrey Epstein 22 EFTA00194119 . EFTA00194120 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 LIP. 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. 20 EFTA00194121 EFTA00194122 Villafana, Ann Marie C. (USAFLS) From: Jay Lefkowitz <JLefkowitz@kirkland.com> Sent: Monday, November 17, 2008 9:17 AM To: Villafana, Ann Marie C. (USAFLS) Subject: Re: will be seeing jeffrey during my trip, and I can certainly update you on him and the various civil cases I am dealing with. But primarily, I thought we could have a social visit. For once. --- Original Message — From: "Villafana, Ann Marie C. (USAFLS)" (Ann.Maric.C.Villafana®usdoj.govj Sent: 11/17/2008 08:55 AM EST To: Jay Lethowitz Subject: RE: Hi Jay — Sony. I have been meaning to get back to you. I will be around both days. Do we need to discuss anything related to Mr. Epstein or is this purely a social visit? I am going to send out an e-mail to you and Roy today on two issues related to Mr. Epstein. A. Marie Villafalia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 ----Original Message--- From: Jay Lefkowitz [mailtolLeflcowitz®Ichicland.comj Sent: Sunday, November 16, 2008 10:30 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Marie - will you be around monday or toes before thanksgiving day? Jay 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. 19 EFTA00194123 f EFTA00194124 Villafana, Ann Marie C. (USAFLS) From: Senior, Robert (USAFLS) <RSenior@usa.dolgov> Sent: Tuesday, November 4, 2008 729 AM To: Villafana, Ann Marie C. (USAFLS) Subject: Re: Conversation with Florida Bar Ethics Counsel re Epstein matter Thx. Marie. From: Villafana, Ann Marie C. (USAFLS) To: Lee, Dexter (USAFLS); Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS); Senior, Robert (USAFLS); Atkinson, Karen (USAFLS); KATHERINE W. EZELL Cc: Kuyrkendall, E N. (FBI); Richards, Jason R. (FBI) Sent: Mon Nov 03 18:52:54 2008 Subject: Conversation with Florida Bar Ethics Counsel re Epstein matter Ili all — I spoke with someone from the Florida Bar this afternoon. She told me that they would be issuing a written opinion by the end of the week that was essentially a "non-opinion." In other words, the letter will say that she cannot advise us regarding our victim notification obligations under federal law. She did, however, tell me that the solicitation rules don't apply to our Office in a situation like this because we are not soliciting employment from the victims. I asked about whether the Office had reached a decision regarding Mr. Josefsberg's related inquiry, but she would not provide me with any information, citing the Bar's confidentiality rules. I am going to wait to hear from Mr. Josefsberg or Ms. Ezell regarding the response they receive from the Bar before I send out the final batch of letters so that I can revise them if necessary. On another note, Dexter, have you heard anything from Mr. Edwards regarding the resolution of the Doe'. United States case? A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 19 EFTA00194125 EFTA00194126 From: Braden, Myesha (CRT) Sent: Monday, October 27, 2008 2:05 PM To: VIllafana, Ann Marie C. (USAFLS) Subject: RE: Things to do In West Palm? Thank youl From: Vlllafana, Ann Marie C. (USAFLS) [mallto:Ann.Marle.C.Villafana@usdoj.gov] Sent: Monday, October 27, 2008 2:04 PM To: Braden, Mycsha (CRT) Cc: Portia Brown; Brown, Portia R Subject: RE: Things to do in West Palm? Hi Portia — Let me know your schedule and where you are staying and what judge you are appearing in front of. There is a Starbucks on Clematis Street (if you exit the Courthouse and turn to the left side of the building (which is Clematis Street), turn left (east) on Clematis, and walk about 3 blocks, you will get to the Clematis area where there are lots of restaurants and shops. The Starbucks is about 5 blocks from the Courthouse. There also is a Starbucks and a Barnes and Noble in the CityPlace center. To get to that, go east on Clematis to Rosemary, which is two blocks from the courthouse. Turn right (south) on Rosemary and go about 2 blocks to get to the City Place area. There are also a lot of restaurants and shops there (better variety that Clematis, but Clematis is "quaint.") If you like gelato, there is a great place on the ground floor of CityPlace. Give me a ring if you just need some company. A. Marie Villafafia Assistant U.S. Attorney 5Q0 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Braden, Myesha (CRT) Sent: Monday, October 27, 2008 1:24 PM To: VIllafana, Ann Marie C. (USAFLS) Cc: Portia Brown; Brown, Portia R (ATR) Subject: Things to do in West Palm? Marie, My friend Portia is In DOJ's Anti-trust Division and has been in trial in West Palm Beach for the past few weeks. She has about two more weeks to go, but hotel life is about to drive her crazy. I don't think that she has time for typical touristy things, but a good coffee shop, or other type of hang-out may keep her from climbing the walls. Do you have any suggestions for her? She's copied on this e-mail. Both of you take care, Myesha 11 EFTA00194127 EFTA00194128 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Braden, Myesha (CRT) Sent: Monday, October 27, 2008 2:43 PM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Things to do in West Palm? Oh! Everyone at OPDAT is fabulous. If you want any pre-interview tips, let me know. From: Villafana, Ann Marie C. (USAFLS) [mailto:Ann.Marie.C.Villafana@usdoj.govi Sent: Monday, October 27, 2008 2:38 PM To: Braden, Myesha (CRT) Subject: RE: Things to do In West Palm? Okay. I will be in touch. I am waiting to hear from OPDAT whether they want us to come for an interview. A. Marie Villafaila Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Braden, Myesha (CRT) Sent: Monday, October 27, 2008 2:32 PM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Things to do in West Palm? Absolutely] Office: (202) 305-1483 Cell: (703) 625-2284 Home: (301) 925-3278 From: Villafana, Ann Marie C. (USAFLS) [mailto:Ann.Marle.C.Villafana@usdoj.govj Sent: Monday, October 27, 2008 2:30 PM To: Braden, Myesha (CRT) Subject: RE: Things to do in West Palm? But of course! El and I are hopefully headed to DC in a couple of weeks and I hope we can see you then. A. Mark Villafaila Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 10 EFTA00194129 EFTA00194130 If you know anything about budgeting, it might be good to mention because the RLA handles a fairly large budget (my budget for a quarter was $225K, so I assume that the RLA's was at least 4 times that for the year.) Also, you'll have to manage a small staff, Legal assistant (Cut Yunita), a secretary (they just fired the last one for stealing), and a driver (Sutrisno . . .I love, love Sutrisno.) I think that it would be a real advantage to have to RLA from the same district in Jakarta and Dili. I was in Indonesia in both April and May of 2006, at the very beginning and very end of the last Timor Leste "uprising". The Embassy in Jakarta was very much focused on that situation. When I went back that fall as ILA, I beleive that the RLA had issues regarding Timor Leste as part of his profile. (You probably know that Timor Leste used to be part of Indonesia. Indonesia's takeover and control of was quite oppressive. They just kilned up everybody. Indonesian police and military still have to be vetted to guarauntee that they did not participate in the brutality in Timore Lest before they are allowed to participate in any U.S. government sponsored training or program. A similar situation exists in Papua, which wants to follow Timor Leste's leads and gain independence from Indonesia. Although all official Indonesian laws repudiate it, I think that oppression of ethnic minorities is widely common in Indonesian politics. The Timorese and Papuans are similar enthinically to the Australian aboriginies. Moreover, the Timorese are Catholic, like in the Phillipines.) Having RLAs who know and can work with each other will be a real positive for the two embassies. Rob and I had to file quarterly reports when I was in Indonesia. I think that I still have access to a few. If so, I will send you some of the language from his portfolio, jsut to give you an idea of what you are likely to be doing. From: Villafana, Ann Marie C. (USAFLS) [mailto:Ann.Marle.C.Villafana@usdoj.gov] Sent: Monday, October 27, 2008 3:00 PM To: Braden, Myesha (CRT) Subject: RE: Things to do in West Palm? I am trying to go to Indonesia and El is trying to go to East Timor (which borders Indonesia). A. Marie Villafitha Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Braden, Myesha (CRT) Sent: Monday, October 27, 2008 2:58 PM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Things to do in West Palm? No. She must be new. Did she replace Sheila Phillips in Asia? Where are you trying to go? From: Villafana, Ann Marie C. (USAFLS) [mallto:Ann.Marie.C.Villafana@usdoj.gov] Sent: Monday, October 27, 2008 2:49 PM To: Braden, Myesha (CRT) Subject: RE: Things to do in West Palm? I certainly will. Do you know Barbara Berman? We need to convince her (and her boss) that they can send two AUSAs from the same District. A. Marie Viliafaha Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 9 EFTA00194131 EFTA00194132 Villafana, Ann Marie C. (USAFLS) From: Braden, Myesha (CRT) <Myesha.Braden@usdoj.gov> Sent: Monday, October 27, 2008 4:01 PM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Things to do in West Palm? No problem. Anything that I can do to help. As I think about it, those reports are probably classified, but if I have them, I'll send you enough info to get the general idea. From: Villafana, Ann Marie C. (USAFLS) [mailto:Ann.Marle.C.Villafana@usdoj.gov] Sent: Monday, October 27, 2008 3:53 PM To: Braden, Myesha (CRT) Subject: RE: Things to do in West Palm? Have I told you that I love you lately? They are adding a second person in Indonesia Rob is going to focus exclusively on public corruption. I have been doing research on Indonesia and Timor Leste, so I did know about the Indonesian invasion. This will be the first official Timor Leste person, so it helps that EJ has done a lot of OPDAT stuff in the past. And he is fluent in Spanish and understands some Portuguese, which helps. (They are looking for someone fluent in Portuguese or someone fluent in Spanish who can learn Portuguese.) I would love any help that you can offer. The whole Epstein thing has really turned me off of this place, so I need something new to sink my teeth into. A. Marie Villafaa Assistant 11.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Braden, Myesha (CRT) Sent: Monday, October 27, 2008 3:41 PM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Things to do in West Palm? Oh! Are you vying to replace Rob Strang as the RLA ? I didn't think that he would ever leave Indonesia. His family really thrived there and life was good for them. (Indonesia takes some getting used to, but I still miss being there, so the good obviously outweighed the bad. It's an intoxicating place. Once it gets in your blood, it will always feel a little bit like home.) Chris Lehman is the Senior Regional Director for that part of the world. (I checked, and it looks like Barbara Berman is a new addition . . .senior trial attorney for counterterrorism. That is a big part of the portfolio for Indonesia, as well as money laundering. There has been an ILA for human trafficking one and off for the past three years, so that may or may not be a part of the portfolio.) I imagine that you would interview with him, Bill Lantz, Carl Alexander, Faye Ehrenstam and maybe Beth Trubell. They come across as very serious types, but they are good people. Carl started out as the first RLA for Haiti and also worked at CEOS many years ago. They will want to know about your interest in Indonesia, your ability to be diplomatic and to implement programs. I think that Faye was also an RLA somewhere, but I can't remembe where. No matter what you say, Carl is likely to act as if he thinks your not qualified, but ignore it. He's a really nice guy. EFTA00194133 EFTA00194134 Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments. ****** ***** *** ************ ********************************* ********** *********** ******** ****** ***************** ******* The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments. **************************************** **************** *** *************** ***** ************** ********************* **** 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. ************** * ***** *** ****** * ******** ********************* 18 EFTA00194135 EFTA00194136 From: "Villafana, Ann Marie C. (USAFLS)" [Ann.Marie.C.Villafana@usdoj.gov] Sent: 10/16/2008 04:23 PM AST To: Jay Leflcowitz; "Roy BLACK" <RBLACIC®royblack.com> Cc: "Lee, Dexter (USAFLS)" <Dexter.Lee@iusdoj.gov>; "Atkinson, Karen (USAFLS)" <Karen.Atkinson®usdoj.gov> Subject: Reply Brief in Jane Does United States Dear Roy and Jay: I am attaching the reply brief filed by Brad Edwards with two pieces of correspondence that he attached to his pleading as exhibits. I had not seen Mr. Edwards' October 15th letter before he filed it in connection with his Reply, so I do not know whether Mr. Lee has even received it yet. Mr. Edwards argues that Mr. Epstein has no interest in keeping the agreement confidential because he has not responded to Mr. Edwards' motion to unseal. As you know, in our Response, the United States argued that this issue should be litigated in one of the suits filed by Mr. Edwards against Mr. Epstein. Mr. Edwards apparently believes it is to his benefit to argue these issues, instead, in his lawsuit against the United States. «DE30_081016_Reply re Motn Unseal.pdf» «DE30-2_081016_Ex 1.pdf» «DE30-3_081016_Ex 2.pdf» A. Marie Villafaifa Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 ***** ** ***** ****** *************************** ************** The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments. ***** * ******* * ***** ****************** *************** ******* ***** * ****** ***************** ***** * **************** ******** The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. 17 EFTA00194137 EFTA00194138 And probably something much stronger than coffee. I was in New York last weekend and saw "In the Heights." Have you seen it? It was absolutely fantastic. It may be slightly too racy for your daughter, but it was amazing. A. Marie VillafaPia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From:Jay Lefkowitz [mailto:JLefkowitz®kirkland.com] Sent: Thursday, October 16, 2008 5:11 PM To: Villafana, Ann Marie C. (USAFLS Subject: Re: Reply Brief in Jane Does I. United States Ok. But we'll need a whole meal. From: "Villafana, Ann Marie C. (USAFLS)" [Ann.Marie.C.Villafana@usdoj.gov] Sent: 10/16/2008 05:08 PM AST To: Jay Lefkowitz Subject: RE: Reply Brief in Jane Does'. United States When (if) this is ever all over, I will buy you a cup of coffee and we can swap stories. A. Marie Villafafia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From:Jay Lefkowitz [mailtolLefkowitz@kirkhuid.com] Sent: Thursday, October 16, 2008 5:01 PM To: Villafana, Ann Marie C. (USAFLS); Roy Black Cc: Lee, Dexter (USAFLS); Atkinson, jf.aren (USAITS) Subject: Re: Reply Brief in Jane Does I. United States Thanks Marie - welcome to the club. I often wish plaintiffs would sue someone else instead of my client. :) 16 EFTA00194139 EFTA00194140 Villafana, Ann Marie C. (USAFLS) From: Jay Lefkowitz <JLefkowitz@kirkland.com> Sent: Friday, October 17, 2008 8:45 AM To: Villafana, Ann Marie C. (USAFLS) Subject: Re: Reply Brief in Jane Doest. United States Lupone's performance in Gypsy was uncredible. She literally stopped the show with her final number (it's rose's turn). It's hard to imagine ethel merman doing the role any better. From: "Villafana, Ann Marie C. (USAFLS)" [Ann.Marie.C.Villafana(gusdoj.gov] Sent: 10/16/2008 05:25 PM AST To: Jay Lefkowitz Subject: RE: Reply Brief in Jane Doest. United States She has an amazing voice -- I saw her in Sweeney Todd. There are so many great shows playing right now. I hope that the economy doesn't destroy Broadway. Have a good time. If you are going to file anything in the Doe'. United States case, just give me a heads up. Thanks. A. Marie Villafafia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Jay Lefkowitz [mailto:JLefkowitz@kirkland.com] Sent: Thursday, October 16, 2008 5:17 PM To: Villafana, Ann Marie C. (USAFLSa Subject: Re: Reply Brief in Jane Does'. United States Have heard it's fantastic. We're actually taking all the kids tonight to see Gypsy with Patti Lupone. From: "Villafana, Ann Marie C. (USAFLS)" [Ann.Marie.C.Villafana@usdoj.gov] Sent: 10/16/2008 05:13 PM AST To: Jay Lefkowitz Subject: RE: Reply Brief in Jane Does I. United States 15 EFTA00194141 EFTA00194142 The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments. ** ***** ***** ***************** *********** *********** ******** ***** ********************* ***** ***** *************** ******** The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments. ******** ********************** ************ ** ************** * ********** ********** ***** * ***** ***** ******* * ********* ****** 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. ********* ******** **************** ********** **************** 14 EFTA00194143 .. EFTA00194144 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From:Jay Lefkowitz [mailto:Theflcowitz®lcirkland.com] Sent: Thursday, October 16, 2008 5:01 PM To: Villafana, Ann Marie C. (USAFLS); Roy Black Cc: Lee, Dexter (USAFLS); Atkinson, n (USAFLS) Subject: Re: Reply Brief in Jane Does I. United States Thanks Marie - welcome to the club. I often wish plaintiffs would sue someone else instead of my client. :) From: "Villafana, Ann Marie C. (USAFLS)" [Ann.Marie.C.Villafana@usdoj.gov] Sent: 10/16/2008 04:23 PM AST To: Jay Lefkowitz; "Roy BLACK" <RBLACK@royblack.com> Cc: "Lee, Dexter (USAFLS)" <Dexter.Lee(§usdoj.gov>, "Atkinson, Karen (USAFLS)" <Karen.AtIcinson@usdoj.gov> Subject: Reply Brief in Jane Does'. United States Dear Roy and Jay: I am attaching the reply brief filed by Brad Edwards with two pieces of correspondence that he attached to his pleading as exhibits. I had not seen Mr. Edwards' October 15th letter before he filed it in connection with his Reply, so I do not know whether Mr. Lee has even received it yet. Mr. Edwards argues that Mr. Epstein has no interest in keeping the agreement confidential because he has not responded to Mr. Edwards' motion to unseal. As you know, in our Response, the United States argued that this issue should be litigated in one of the suits filed by Mr. Edwards against Mr. Epstein. Mr. Edwards apparently believes it is to his benefit to argue these issues, instead, in his lawsuit against the United States. <<DE30_081016_Reply re Motn Unseal.pdf» «DE30-2_081016_Ex 1.pdf>> «DE30-3_081016_Ex 2.pdf>> A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 ********* ****************** ***** ******** ********** ********* 13 EFTA00194145 EFTA00194146 Villafana, Ann Marie C. (USAFLS) Frain: Jay Lefkowitz dLefkowitz@kirkland.corn> Sent: Thursday, October 16, 2008 5:17 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Re: Reply Brief in Jane Does.. United States Have heard it's fantastic. We're actually taking all the kids tonight to see Gypsy with Patti Lupone. From: "Villafana, Ann Marie C. (USAFLS)" [Ann.Marie.C.Villafana®usdoj.gov] Sent: 10/16/2008 05:13 PM AST To: Jay Leflcowitz Subject: RE: Reply Brief in Jane Does'. United States And probably something much stronger than coffee. I was in New York last weekend and saw "In the Heights." Have you seen it? It was absolutely fantastic. It may be slightly too racy for your daughter, but it was amazing. A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Jay Lefkowitz [mailtolLeflcowitz@lcirldand.com] Sent: Thursday, October 16, 2008 5:11 PM To: Villafana, Ann Marie C. (USAFLS Subject: Re: Reply Brief in Jane Does I. United States Ok. But we'll need a whole meal. From: "Villafana, Ann Marie C. (USAFLS)" [Ann.Marie.C.Villafana®usdoj.gov] Sent: 10/16/2008 05:08 PM AST To: Jay Lefkowitz Subject: RE: Reply Brief in Jane Does,. United States When (if) this is ever all over, I will buy you a cup of coffee and we can swap stories. A. Marie Villafana Assistant U.S. Attorney 12 EFTA00194147 EFTA00194148 I am attaching the reply brief filed by Brad Edwards with two pieces of correspondence that he attached to his pleading as exhibits. I had not seen Mr. Edwards' October 15th letter before he filed it in connection with his Reply, so I do not know whether Mr. Lee has even received it yet. Mr. Edwards argues that Mr. Epstein has no interest in keeping the agreement confidential because he has not responded to Mr. Edwards' motion to unseal. As you know, in our Response, the United States argued that this issue should be litigated in one of the suits filed by Mr. Edwards against Mr. Epstein. Mr. Edwards apparently believes it is to his benefit to argue these issues, instead, in his lawsuit against the United States. «DE30_081016_Reply re Moth Unseal.pdf» «DE30-2_081016_Ex tpdf» «DE30-3_081016_Ex 2 pdf» A. Marie Villafafia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 ******* ***** * ***************** ******* ***** ********** ******* 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 postmasterftirkland.com, and destroy this communication and all copies thereof, including all attachments. *************** ********* ****************** ***************** 11 EFTA00194149 EFTA00194150 Villafana, Ann Marie C. (USAFLS) From: Jay Lefkowitz <JLefkowitz@kirkland.com> Sent: Thursday, October 16, 2008 5:11 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Re: Reply Brief in Jane Does' United States Ok. But we'll need a whole meal. From: "Villafana, Ann Marie C. (USAFLS)" [Ann.Marie.C.Villafana@usdoj.gov] Sent: 10/16/2008 05:08 PM AST To: Jay Lefkowitz Subject: RE: Reply Brief in Jane Does United States When (it) this is ever all over, I will buy you a cup of coffee and we can swap stories. A. Marie Villajana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Jay Lefkowitz [mailto:JLeflcowitz@kincland.com] Sent: Thursday, October 16, 2008 5:01 PM To: Villafana, Ann Marie C. (USAFLS); Roy Black Cc: Lee, Dexter (USAFLS); Atkinson, Karen (USAFLS) Subject: Re: Reply Brief in Jane Does United States Thanks Marie - welcome to the club. I often wish plaintiffs would sue someone else instead of my client. :) From: "Villafana, Ann Marie C. (USAFLS)" [Ann.Marie.C.Villafana®usdoj.gov] Sent: 10/16/2008 04:23 PM AST To: Jay Lefkowitz; "Roy BLACK" <RBLACIC®royblack.com> Cc: "Lee, Dexter (USAFLS)" <Dexter.Lee®usdoj.gov>; "Atkinson, Karen (USAFLS)" <Karen.Atkinson@Msdoj.gov> Subject: Reply Brief in Jane Does I United States Dear Roy and Jay: 10 EFTA00194151 EFTA00194152 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. ** ****** ******** ******* * ******* * ******** ******** *********** EFTA00194153 . EFTA00194154 Villafana, Ann Marie C. (USAFLS) From: Jay Lefkowitz <JLefkowitz@kirkland.com> Sent: Thursday, October 16, 2008 5:01 PM To: Villafana, Ann Marie C. (USAFLS); Roy Black Cc: Lee, Dexter (USAFLS); Atkinson, Karen (USAFLS) Subject: Re: Reply Brief in Jane Does I United States Thanks Marie - welcome to the club. I often wish plaintiffs would sue someone else instead of my client. :) From: "Villafana, Ann Marie C. (USAFLS)" [Ann.Marie.C.Villafana(gusdoj.gov) Sent: 10/16/2008 04:23 PM AST To: Jay Leflcowitz; "Roy BLACK" <RBLACK®royblack.com> Cc: "Lee, Dexter (USAFLS)" <Dexter.Lee®usdoj.gov>; "Atkinson, Karen (USAFLS)" <Karen.Atkinson@usdoj.gov> Subject: Reply Brief in Jane Does United States Dear Roy and Jay: I am attaching the reply brief filed by Brad Edwards with two pieces of correspondence that he attached to his pleading as exhibits. I had not seen Mr. Edwards' October 15th letter before he filed it in connection with his Reply, so I do not know whether Mr. Lee has even received it yet. Mr. Edwards argues that Mr. Epstein has no interest in keeping the agreement confidential because he has not responded to Mr. Edwards' motion to unseal. As you know, in our Response, the United States argued that this issue should be litigated in one of the suits filed by Mr. Edwards against Mr. Epstein. Mr. Edwards apparently believes it is to his benefit to argue these issues, instead, in his lawsuit against the United States. «DE30_081016_RepIy re Motn Unseal.pdf>> «DE30-2_081016_Ex 1.pdf>> «DE30-3_081016_Ex 2.pdf>> A. Marie Villafafia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 ***** *Ilt*** ****** ********** ********** ******************** 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 8 EFTA00194155 EFTA00194156 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. EFTA00194157 EFTA00194158 Villafana, Ann Marie C. (USAFLS) From: Jay Lefkowitz <JLefkowitz@kirkland.com> Sent: Wednesday, October 8, 2008 2:40 PM To: Villafana, Ann Marie C. (USAFLS); Roy Black Cc: Atkinson, Karen (USAFLS); Lee, Dexter (USAFLS) Subject: Re: Jane Does". United States Thank you for sending this. Jay From: "Villafana, Ann Marie C. (USAFLS)" [Ann.Marie.C.Villafana@usdoj.gov) Sent: 10/08./2008 02:37 PM AST To: <RBlack@RoyBlack.com>; Jay Lefkowitz Cc: "Atkinson, Karen (USAFLS)" <Karen.Atkinson®usdoj.gov>; "Lee, Dexter (USAFLS)" <Dexter.Lee@usdoj.gov> Subject: Jane Does'. United States Dear Roy and Jay: I am attaching the United States' Response to the Petitioners' Motion to Unseal the Non-Prosecution Agreement, which was filed in the victims' rights suit filed against the United States by Attorney Brad Edwards on behalf of two of the victims. In his motion to unseal, Attorney Edwards stated that he would provide notice of his motion to counsel for Mr. Epstein. I do not know if he actually did so. In our response, we oppose the Petitioners' motion, and point out that Mr. Edwards has filed a civil suit against Mr. Epstein and that litigation regarding the Non-Prosecution Agreement is more appropriate in that forum where the real party in interest (Mr. Epstein) is a party to the suit. «DE29_081008_Resp to Motn Unseal.pdf» A. Marie Malefic, Assistant U.S. Attorney 561 209-1047 Fax 561 820-8777 ****** ********* *********** ****** ****** *********** ********** The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this 6 EFTA00194159 EFTA00194160 Villafana, Ann Marie C. (USAFLS) From: Senior, Robert (USAFLS) <RSenior@usa.doj.gov> Sent: Wednesday, October 8, 2008 3:00 PM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Jane Does I United States Thx. I agree that a copy should be sent. From: Villafana, Ann Marie C. (USAFLS) Sent: Wednesday, October 08, 2008 2:17 PM To: Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS); Senior, Robert (USAFLS); Atkinson, Karen (USAFLS) Cc: Lee, Dexter (USAFLS); Garcia, Rolando (USAFLS) Subject: Jane Does I United States Hi all — Here is the pleading that Dexter and I filed today in response to the Jane Does' Motion to Unseal the Non-Prosecution Agreement. Although the Petitioners' Motion asserts that they would provide notice of the motion to Epstein's attorneys, I think it would be prudent for us to send a copy to Roy and Jay. Please let me know if you agree. Thank you. Once Judge Main decides this motion, I think we should move to dismiss the petition, otherwise Brad Edwards will try to use the case as a never-ending "wishing well" to keep making more and more outrageous requests of Judge Marra. << File: DE29_081008_Resp to Moth Unseal.pdf >> A. Marie Villafafia Assistant U.S. Attorney 561 209-1047 Fax 561 820-8777 18 EFTA00194161 EFTA00194162 Villafana, Ann Marie C. (USAFLS) From: Sloman, Jeff (USAFLS) <JSIoman@usa.dolgov> Sent: Wednesday, October 8, 2008 230 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Re: Jane Does'. United States Fine with me. From: Villafana, Ann Marie C. (USAFLS) To: Acosta, Alex (USAFLS); Sbman, Jeff (USAFLS); Senior, Robert (USAFLS); Atkinson, Karen (USAFLS) Cc: Lee, Dexter (USAFLS); Garcia, Rolando (USAFLS) Sent: Wed Oct 08 14:16:50 2008 Subject: Jane Does'. United States Hi all - Here is the pleading that Dexter and I filed today in response to the Jane Does' Motion to Unseal the Non-Prosecution Agreement. Although the Petitioners' Motion asserts that they would provide notice of the motion to Epstein's attorneys, I think it would be prudent for us to send a copy to Roy and Jay. Please let me know if you agree. Thank you. Once Judge Marra decides this motion, I think we should move to dismiss the petition, otherwise Brad Edwards will try to use the case as a never-ending "wishing well" to keep making more and more outrageous requests of Judge Marra. «DE29_081008_Resp to Motn Unseal.pdf» A. Marie Villafana Assistant U.S. Attorney 561 209-1047 Fax 561 820-8777 27 EFTA00194163 Villafana, Ann Marie C. (USAFLS) From: ViHelena, Ann Marie C. (USAFLS) Sent: Monday, December 03, 2007 4:32 PM To: Acosta, Alex (USAFLS) Cc: Sloman, Jeff (USAFLS) Subject: Follow up on the trust issue Hi Alex — I wasn't sure if you knew that I actually did quite a bit of research on the issue of "the Trust." With Drew's help, I tracked down and spoke with the AUSA in Alaska who put together that agreement. His case did not involve damages, it was purely restitution. He also had a small number of identified victims (1 think 12), and they all consented to the procedure. In Alaska, they also were able to persuade a small local bank to serve as the trustee, and they had a somewhat elaborate procedure for deciding who would get what money. There also was a Court order approving the procedure. Also, one of Starr's objections is that the his client was informed of who the victims were before he signed the agreement, but the same thing happened in Alaska. In a notice to the Court, the AUSA wrote: This filing is made ex parte because Boehm, in his plea agreement, waived any rights he had pertaining to the selection of beneficiaries and the disbursement of funds to such beneficiaries. My objections to the Trust concept were: (1) I could not bind the girls to an agreement that would involve waiving their rights to file private lawsuits; (2) since there would be no federal plea, there was no mechanism to involve the Court in administering the Trust and there would be no federal order of restitution; (3) I knew that all of the girls would not consent to such a procedure; (4) there was no way to estimate the damages of all of the girls to decide what the corpus amount should be; and (5) given how difficult the negotiations had been, I knew that creating and agreeing to an elaborate trust structure would be impossible. I did offer to include language about our Office and the attorney for the girls sitting down with the defense to try in good faith to develop a trust, but that was rejected. I have copies of all of the documents that they used in Alaska, if you are interested. Thanks. A. Marie Villafaila Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 P"aNkt-- - upotC' ci f 1O-1 Tracking: 2485 EFTA00194164 . EFTA00194165 Recipient Acosta. Alex (USAFLS) 8lornan, Jeff (USAFLS) Read Read: 12/3/2007 4:32 PM 2486 EFTA00194166 . EFTA00194167 ViBatelle, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Thursday, September 13, 2007 8:10 PM To: Oosterbaan, Andrew Subject: RE: Epstein Hi Drew —I tracked down the AUSA in Alaska and he is sending the trust agreement out to me. I will let you know how things go in the morning. Thanks. A. Marie Villafafla Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Oosterbaan, Andrew Sent: Thursday, September 13, 2007 7:54 PM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Epstein Thanks for the information, Marie. I'll get the details on the Boehm arrangements from the prosecutors and get back to you tomorrow. I believe the girls agreed to the arrangement, but I'll confirm that. I should have the indictment reviewed by then as well. From: Villafana, Ann Marie C. (USAFLS) [mallto:Ann,Marle.C.VIllafana@usdoj.gov] Sent: Thursday, September 13, 2007 7:37 PM To: Oosterbaan, Andrew -Subject Epstein Hi Drew - Sony to bother you, but the plea negotiations are getting fast and furious. Epstein's lawyers are fixated on this idea of a "victim's fund" rather than having the girls file separate 2255 actions. I know that the reason they want to do it is not out of the goodness of their hearts but to keep this stuff out of the public Court files, but in some ways it will help the girls, too. Do you know anything about how the fund in Alaska was worked out? Did all the victims consent or did the Court just do it? Thank you for your help. I also turned in the indictment package to my immediate supervisor today, so I expect some edits back from her before it goes higher up the chain.. If you had any thoughts, please let me know. A. Marie Illiafafia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 3164 EFTA00194168 Villafana, Ann Marie C. (USAFLS) From: • Villafana, Ann Marie C. (USAFLS) Sent: Monday, September 10, 2007 5:24 PM To: Sloman, Jeff (USAFLS); Lourie, Andrew (USAFLS) Subject: FBI Jeff and Andy — The agents are asking whether Alex had a chance to talk to the SAIC. Do you know? A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Tracking: 3231 EFTA00194169 Good job. A few thoughts: I would eliminate the first sentence of para 2. Is there another way to deal with the issue in para 3 without this in the plea agreement ? Do we need pare 10? Isn't para 11 sufficient without 10? Is it our place to include para 13 in this agreement? I think it belongs in the state agreement and it looks out of place here. I think you should include Roy or another member of the FL Bar on the plea agreement so we are not slowed down at the last minute by Pro Hac stuff. From: VIllafana, Ann Marie C. (USAFLS) (mailto:Ann.Marie.C.Villafana@usdoj.gov] Sent: Wednesday, September 19, 2007 2:36 PM To: Lourie, Andrew Subject: RE: epstein FYI - The Palm Beach Post reported the whole deal in today's paper and claimed to have a "federal source" and a "spy" in Epstein's camp. .4. Marie Villafaiia Assistant U.S. Attorney 56I 209.1047 From: Lourie, Andrew [mailto:Andrew.Lourie2@usdoJ.gov] Sent: Wednesday, September 19, 2007 2:33 PM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: epstein Can you send me copy of the last thing you sent them? Thanks. From: VIllafana, Ann Marie C. (USAFLS) [mailto:Ann.Marie.C.Villafana@usdoj.gov] Sent: Wednesday, September 19, 2007 2:31 PM To: Lourle,_Andem;Rarcia,_1101ando (OARS) _ Subject: RE: epstein We are still waiting for a "Taline'roWeement that they seemed happy with yelfErdarBrAy an Lanna and Epstein's attorneys are coming to our office on Monday to finalize everything with the plan of getting him at least arraigned on Monday afternoon. They tried to drag it into Tuesday and I said no. A. Marie Viliafatia Assistant U.S. Attorney 561 209-1047 From: Lourie, Andrew [mallto:Andrew.Lourle2@usdoj.gov] Sent: Wednesday, September 19, 2007 2:25 PM To: Villafana, Ann Marie C. (USAFLS); Garcia, Rolando (USAFLS) Subject: epstein What is the latest? 3045 EFTA00194170 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Wednesday, September 19, 2007 4:33 PM To: Lourie, Andrew; Garcia, Rolando (USAFLS) Cc: Atkinson, Karen (USAFLS) Subject: RE: Draft Plea Agreement Importance: High Andy and Rolando -- This is my proposed response (below). I know that you keep saying he is going to plead, and he will plead if we cave on everything, but I really do not think that Mr. Epstein is going to engage in serious negotiations until he sees the Indictment and shows up in mag court (preferably in flip￾flops). In reviewing the indictment package, if you would like to maintain flexibility for the future, we could indict Mr. Epstein just on Count 1 (the conspiracy charge), and, if he won't plead to 5 years at that time, supersede with the remaining counts and just go to trial. But we gave them an initial deadline of early August with the 24-month sentence. We are now seven weeks later and we are just spinning our wheels. Jay -- The same problems that I e-mailed you about on Sunday and discussed yesterday with you and Rolando and that you discussed with Andy are still in here. Paragraphs 4, 7, 8, 9, and 11 have specifically been discussed and rejected. Paragraphs 17 through 19 have been addressed in paragraph 2 and will not be repeated. You have removed our paragraphs 4 (regarding the application of the Sentencing Guidelines) and 18 (appeal waiver) both of which are specifically required by the Office's Appellate Division. You have replaced Mr. Epstein's plea to a registrable offense, to one that does not require registration, and you have again delayed the plea until after Mr. Epstein completes his federal prison — - sentence. Relande—and I specifically—told-you that was—unacceptable,—and_Bacry____ Krischer also has informed us that he will not keep his case open for that period. You-also have inserted that_this.is a Rule 11(_O.(1)_(C) the judge, which you know we have specifically rejected. There are other, smaller, changes that the Office probably cannot agree to, but the bigger issues are these. If you or your client insists on these, there can be no plea agreement. A. Marie Villafana Assistant U.S. Attorney 561 209-1047 Original Message From: Jay Lefkowitz [mailto:JLefkowitz@kirkland.com] Sent: Wednesday, September 19, 2007 3:44 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Fw: Draft Plea Agreement 3041 EFTA00194171 Confidential For settlement purposes only Marie - I wanted to get this to you before I took off for nyc. I am landing at 7 and would like to speak shortly thereafter. I am still considering which of the options you suggested Sunday. In this email, I am sending you a redline of your federal resolution. I am also working on a deferred prosecution agreement because it may well be that we cannot reach agreement here. I don't think there are that many issues left open, although clearly we still need to have further discussions. I also like your suggestion from Sunday that we consider a C plea. I know that Alex would have to sign off on it and that he has not done so as of now. Regarding my schedule, I am available tonight to speak, all afternoon tomorrow (I am in fed court in nyc on another criminal matter tomorrow am), and then all day Friday. I will plan on seeing you Monday. I am confident that one of the approaches we have discussed will work out. Jay Original Message From: Jay Lefkowitz Sent: 09/19/2007 03:35 PM EDT To: Jay Lefkowitz Subject: Draft- Plea Agreement-- (See attached file: 9.19.07 Draft Plea Agreement (Clean).doc) (See attached file: 9.19.07 Draft Plea Agreement (Redlined).doc) *********************************************************** 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 nostmasterPkirkland.com, and destroy this communication and all copies thereof, including all attachments. *********************************************************** Tracking: 3042 EFTA00194172 EFTA00194173 Andy, attached is a letter seeking meetings, as discussed with you, but with others if it is not resolved. Thanks for your attention. Could you email back so that I know you have received this letter? Gerald B. Lefcourt Gerald B. Lefcourt, P.C. 148 E. 78th Street New York New York 10021 Tel. Fax oblelefcourtlaw.com 142 EFTA00194174 Villafana, Ann Marie C. (USAFLS) From: Lourie, Andrew (USAFLS) Sent: Thursday, May 24, 2007 9:25 AM To: Villafana, Ann Marie C. (USAFLS) Subject: FW: Jeffrey Epstein Please put in your file. thx From: Gerald Lefcourt [mallto:GBL@Iefcourtlaw.corn] Sent: Wednesday, May 23, 2007 5:00 PM To: Lourie, Andrew (USAFLS) Subject: RE: Jeffrey Epstein Thanks for the email. I will get back to you as to timing of the meeting. Gerald B. Lefcourt Gerald B. Lefcourt, P.C. 148 E. 78th Street New York New York 10021 Tel. Fax oblalefcourtlaw.com From: Lourie, Andrew (USAFLS) (mallto:Andrew.Lourie@usdoj.gov] Sent: Tuesday, May 22, 2007 6:32 PM To: Gerald Lefcourt Subject: RE: Jeffrey Epstein I have your letter. I think we are on the same page, but to be sure I do want to clarify that we spoke the other week and I did say that if you want to meet with me again, I am ready to do so. The wording of your letter, however, suggests implicitly that I agreed to contact you before a decision is made to seek an indictment of Mr. Epstein. If that was your understanding, then please allow me to clarify. Our investigation is ongoing and if we decide to seek an indictment, we don't intend to call Mr. Epstein's representatives to let him know that. Of course, in the interim, if you would like to make a presentation to us, we are willing to listen. Along those lines, given the fact that we have already met once, with schedules being what they are, it makes sense for our criminal chief, Matt Menchel, to be included when you make another presentation, rather than working up the chain incrementally. I realize you were being respectful in not attempting to leapfrog over me, which I appreciate. I will pass on your request to meet with the U.S. Attorney as well, but can't commit for him one way or another. When you have some dates in mind, let me know and I will try to set up a meeting in Miami. _ . . From: Gerald Lefcourt [mallto:GBL©lefopurtlaw.com] Sent: Tuesday, May 22, 2007 2:05 PM To: Lourie, Andrew (USAFLS) Cc: Villafana, Ann Marie C. (USAFLS); Ully Ann Sanchez Subject: Jeffrey Epstein 141 EFTA00194175 Villafana, Ann Marie C. (USAFLS) From: Menchel, Matthew (USAFLS) Sent: Monday, May 14, 2007 10:52 AM To: Villafana, Ann Marie C. (USAFLS); Lourie, Andrew (USAFLS) Subject: Re: Operation Leap Year Marie, You will not have approval to go forward tomorrow with an indictment or to poceed by complaint. Alex has your memo and lefcourt's letter but he is out of the district at the US Attorney's conference for the next several days. I'm having trouble understanding - given how long this case has been pending - what the rush is. This is obviously a very significant case and alex wants to take his time making sure he is comfortable before proceeding. Sent from my BlackBerry Wireless Handheld Original Message From: Villafana, Ann Marie C. (USAFLS) <AVillafana@usa.doj.gov> To: Lourie, Andrew (USAFLS) <ALourie@usa.doj.gov>; Menchel, Matthew (USAFLS) <MMenchel@usa.doj.gov> Sent: Mon May 14 10:38:15 2007 Subject: Operation Leap Year Good morning: I just received a call that Epstein's plane is flying from the Virgin Islands to Newark now, so it looks like Epstein is going to show up for his court appearance tomorrow. Can you let me know if the indictment is going tomorrow or, if not, whether we are authorized to proceed by_Complaint?__ Thank you. A. Marie Villafaha Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 179 EFTA00194176 Villafana, Ann Marie C. (USAFLS) From: Lourie, Andrew (USAFLS) Sent: Tuesday, May 22, 2007 3:11 PM To: Menchel, Matthew (USAFLS); Sloman, Jeff (USAFLS) Cc: Villafana, Ann Marie C. (USAFLS) Subject: FW: Jeffrey Epstein Attachments: 2007-05-22 letter to AUSA Lourie.pdf Gentlemen, Marie and I have already met with Lefcourt, which is really the meeting I promised him. I spoke to him last week and he said he had more information they wanted to present. I told him he could make an appointment to come in again if he wanted to and that we would meet with him again, but I did not promise that we would wait to give him a meeting "before" we charged. So, I think he is really ready for the next level rather than .a second meeting with me. Mike Tein also mentioned to me at some point that they wanted to make a presentation on the law and I suggested to him that he contact Matt without telling him exactly what stage of review we were at. I don't know if Teln and Lefcourt have crossed wires or not. In any event, I am forwarding this letter to you. I am going to suggest to Lefcourt the same thing that I suggested to Tein. I assume you would grant his attorneys a chance to make whatever presentation they desire. It would probably be helpful to us in any event to hear their legal arguments in case we have missed something. Whether Alex would be present or grant them another meeting after that is his call. Andy From: Gerald Lefcourt [mallto:GBL@lefcourtlaw.com] Sent: Tuesday, May 22, 2007 2:05 PM To: Lourie, Andrew (USAFLS) Cc: Villafana, Ann Marie C. (USAFLS); Ully Ann Sanchez Subject Jeffrey Epstein Andy, attached is a letter seeking meetings, as discussed with you, but with others if it is not resolved. Thanks for your attention. Could you email back so that I know you have received this letter? Gerald B. Lefcourt Gerald B. Lefcourt, P.C. 148 E. 78th Street New ew York 10021 Tel. Fax oblelefcourtlaw.com 153 EFTA00194177 To: Villafana, Ann Marie C. USAFLSWO=USA/OU=FLS/CN=RECIPIENTS/CN=AVILLAFANAL Subject: Re: Sent: Fri 2/2/2 07 2:36:10 PM From: BigJimLaw@aol.com informed as to the time. I must warn you, lir is critical of your office, although not at all critical of I just wrote you a letter confirming that Ms. will be at the grand jury room with me. Please keep me you. If you change your mind about forcing Ms to appear, please e-mail or call at once so she does not have to make arrangements for child care to in court. Thanks, Jim Eisenberg EFTA00194178 Kotre, Pax't To: BigJimLaw@aol.com Bi JimLaw©aol.com); Subject: RE: Sent: Tue 5:51:08 PM From: Villafana, Ann Marie C. (USAFLS) Hi Jim -- Thank you for the e-mail, and I will even forgive the football reference. I was just set for trial, so the earliest I will be able to reschedule the testimony will be after Thanksgiving. I will give you a call to discuss the immunity issue but I am concerned about other things we have talked about — if Ms... is given immunity, will she be forthcoming and answer the questions? Or am I going to jump through hoops to get her immunity and then have to worry about filing motions to compel, motions for orders to show cause why she shouldn't be held in contempt, etc., etc.? As always, thank you for your assistance. Regards, Marie A. Marie Villafafia Assistant U.S. Attorney 561 209-1047 Fax 561 820-8777 ann.marie.c.villafana@usdoj.gov From: BigJimLaw©aol.com [mailto:BigJimLaw@aolcom] Sent: Tuesday, October 24, 2006 12:00 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Re: Ell Sorry I did not get back to you sooner. I have been out of town for several weeks. As to Miss , she still does not wish to testify in this case and has a Fifth Amendment basis for her position. She wishes not to accept the "proffer letter " cover of immunity, which again is her right. I think it is a waste of time to have her appear Friday to just take the Fifth. I suggest that you huddle with your people. (It is football season). If you want to push the issue you will have to get formal immuni . I will accept service now and in the future for you so you don't have to chase down. Jim Eisenberg EFTA00194179 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Thursday, September 06, 2007 9:29 AM To: Sloman, Jeff (USAFLS) Subject: RE: Meeting on Friday Hi Jeff — The ASA IC will be there for the meeting. I think she also will be at the OLEOS. A. Marie Villafalia Assistant U.S. Attorney 561209-1047 From: Sloman, Jeff (USAFLS) Sent: Tuesday, September 04, 2007 11:44 AM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Meeting on Friday Let's get together at 1:30. FBI Is welcome but let's try to limit it to one representative. Is that o.k.? From: Villafana, Ann Marie C. (USAFLS) Sent: Tuesday, September 04, 2007 11:29 AM To: Sloman, Jeff (USAFLS) Subject: Meeting on Friday Hi Jeff I just left you a voicemail, so you can disregard that. We had a very good meeting with Drew on Friday. No one was sure whether you want an FBI presence at the meeting on Friday and Drew thought I should ask you. Could you let me know? And does the meeting with Epstein's team start at 2:00? Is there a plan for a pre-meeting meeting with our folks? Thanks. A. Marie Villafafia Assistant U.S. Attorney 561 209-1047 Tracking: 3250 EFTA00194180 561 209-1047 Original Message From: Lilly Ann Sanchez [mailto:LASeFOWLER-WHITE.COM] Sent: Friday, June 29, 2007 4:05 PM To: Villafana, Ann Marie C. (USAFLS) Cc: Gerald Lefcourt Subject: Jeffrey Epstein Marie￾As i stated in my earlier voicemail today, we were calling to request a two-week extension on the return date of the following outstanding subpoenas: 1. NES 2. NY Strategy 3. Investigator Riley 4. Certification for St. Thomas entity We will be providing an additional submission to the Office by July 11 and hope to be able to reach a state-based resolution shortly thereafter. as your voicemail to me indicted, you would not oppose a one to two-week extension. accordingly, we would like to extend the return date two weeks-- to July 24. regards Lilly Ann Sanchez, Esq. FOWLER WHITE BURNETT P.A. Espirito Santo Plaza, 14th Floor 1395 Brickell Avenue Miami, Florida 33131-3302 Telephone: (305) 789-9200 Direct Dial: (305) 789-9279 Facsimile: (305) 728-7579 --lsanchez0fOWler-Wfilte.con￾52 EFTA00194181 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Wednesday, January 02, 2008 11:09 AM To: Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS) Subject: Follow up re Epstein Hi Alex and Jeff— Hope you had a happy and safe New Year's Day. I did check, and if Epstein pleads to conspiracy to violate 2422(6), pursuant to 18 USC 371, he will still be classified as a Tier 2 sex offender (the same as if he were convicted of the substantive offense). Assuming that Jay calls and says that Epstein wants to plead to a federal offense, I would like to recommend a plea to a two-count information. Count I would be the 371 offense and Count 2 would be conspiracy to travel in interstate commerce to engage in illicit sexual conduct, in violation of 18 USC 2423(6), all in violation of 2423(e). Both of those crimes have no mandatory minimum. The statutory max for the 371 is 60 months and the statutory max for 2423(e) is 30 years. I would like to include 2423(e) in case any of the victims try to sue under 2255 and Epstein claims that they are ineligible because 371 isn't one of the enumerated sections listed in 2255. There is very little Il th Circuit case law related to ABA pleas, but the cases from other circuits suggest that there should be no problem. I would recommend that we not mention or suggest the idea of a conditional plea. If they want to make a counteroffer, they can do so. If so, I recommend that they be forced to specify the exact issue they wish to preserve on appeal. They also will ask us to: agree that Epstein can go to a "camp," agree to waive the PSI, and agree that Epstein be placed on bond and remain on bond pending appeal. I suggest that we not agree to any of those, but leave them to the judge's discretion. I'm not sure when Bob will be back and able to finish his review, but can we set January I8t as the deadline for signing a plea agreement and January 25th as the deadline for the change of plea? If we file the Information by January 18th, we should be able to get an initial/arraignment and change of plea set up for the 25th. We also should discuss how we meet our discovery obligations but also keep Epstein from using this as a means to see all of our discovery and then decide that he wants to go to trial anyway. I will send a proposed plea agreement to you later today. Thanks. A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Tracking: 2055 08-80736-CV-MARRA P-014508 EFTA00194182 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Wednesday, January 02. 200812:04 PM To: Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS) Subject: Proposed Epstein Plea Agreement Here it is. Please let me know if you would like any changes made and if you hear anything from Epstein's camp or from the State Attorney's Office. Thanks. Epstein federal )lea agreement... A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Tracking: 2053 08-80736-C V-MARRA P-014507 EFTA00194183 EFTA00194184 A. Marie Villafafla Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 769 EFTA00194185 EFTA00194186 Villafana, Ann Marie C. (USAFLS) From: Sloman, Jeff (USAFLS) Sent: Saturday, June 28, 200812:56 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Re: Chief reiter Good Original Message From: Villafana, Ann Marie C. (USAFLS) To: Sloman, Jeff (USAFLS) Sent: Sat Jun 28 11:21:34 2008 Subject: Chief reiter Jeff. I spoke with the chief this morning. He is going to notify victims about the plea. 770 EFTA00194187 EFTA00194188 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Saturday, June 28. 2008 11:22 AM To: Sloman, Jeff (USAFLS) Subject: Chief reiter Jeff. I spoke with the chief this morning. He is going to notify victims about the plea. 771 EFTA00194189 EFTA00194190 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Wednesday, June 25, 2008 10:44 AM To: Sloman, Jeff (USAFLS); Senior, Robert (USAFLS); Atkinson, Karen (USAFLS) Subject: Change of Plea Procedure Hi all — I just spoke with . She said that it varies from judge to judge, and Judge McSorley can vary from day to day, but sinceEpstein is pleading guilty (as opposed to no contest), there should be a written plea agreement and a full plea colloquy that goes through all of the terms of the plea agreement and a factual proffer that the defendant has to agree to. She said that, after the rest of the colloquy is finished, the judge asks the prosecutor to state the factual basis, and the prosecutor then reads the factual proffer into the record. After it is read, the judge asks the defendant is he did the things recited in the proffer and/or if he agrees that the State could prove those facts. She said that the length and detail of the factual proffer varies from prosecutor to prosecutor and thought that Lanna was less detailed than most. I will try to send you a proposed factual proffer later this afternoon. A. Marie Villafalia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Tracking: 834 EFTA00194191 EFTA00194192 Villafana, Ann Marie C. (USAFLS) From: Sloman, Jeff (USAFLS) Sent: Wednesday, June 25, 2008 2:53 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Questions 1. Can we file the proposed indictment under seal with the State Court judge? The agreement states that the parties anticipate that this agreement will not be made part of any public record. 2. Was your suggestion to prepare a notice to victims incorporating the language of the 12/19 letter? 833 EFTA00194193 EFTA00194194 Recipient Road Senior. Robert (USAFLS) Read: 6/25/2008 4:02 PM Sloman. Jeff (USAFLS) Read: 6/25/2008 4:04 PM Atkinson, Karen (USAFLS) Read: 8/25/2008 4:07 PM 830 EFTA00194195 EFTA00194196 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Wednesday, June 25, 2008 3:08 PM To: Sloman, Jeff (USAFLS) Subject: RE: Questions Hi Jeff— Sorry. I have an indictment going tomorrow so I haven't had a chance to work on the notice yet, but, yes, I planned to use the 12/19 language. I am going to start working on that right now. As to filing the indictment under seal with the state court, I really think this is walking too close to a 6(e) violation, and since the state judges up here don't like us too much, Judge McSorley would probably order it unsealed which would cause huge problems, both in terms of Rule 6(e) and because the public reaction will be — if the US had the evidence to prosecute all of these counts, which is he skating with 18 months? I haven't heard anything from Roy or anyone else. Let me think about ways other than contacting the State Attorney's Office to accomplish our goals. A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Sloman, Jeff (USAFLS) Sent: Wednesday, June 25, 2008 2:53 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Questions 1. Can we file the proposed indictment under seal with the State Court judge? The agreement states that the parties anticipate that this agreement will not be made part of any public record. 2. Was your suggestion to prepare a notice to victims incorporating the language of the 12/19 letter? Tracking: eat EFTA00194197 EFTA00194198 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Friday, June 20, 2008 3:45 PM To: Sloman, Jeff (USAFLS); Senior, Robert (USAFLS) Cc: Atkinson, Karen (USAFLS) Subject JE I am just reading through all of the new submissions. I don't know which makes me angrier, all of the blatant lies, or Matt Menchel telling them (Lilly, no doubt), that I am "unsupervisable." Jeff, I'm sorry I got you into this. On another, ironic, note. Today, Epstein's lawyers are filing motions to stay the four federal lawsuits against Epstein, under 18 USC 3509(k), which states: "If, at any time that a cause of action for recovery of compensation for damage or injury to the person of a child exists, a criminal action is pending which arises out of the same occurrence and in which the child is the victim, the civil action shall be stayed until the end of all phases of the criminal action and any mention of the civil action during the criminal proceeding is prohibited." I guess it saves me the trouble of filing the motion after we indict. And, for the record, I still haven't met Bert O., and he is neither EJ's "law partner" nor his "law school roommate." A. Marie Villafalla Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Tracking: EFTA00194199 EFTA00194200 you do decide to send us something, it would be most useful to get it by the middle of next week. Thanks. John Roth Associate Deputy Attorney General (202) 307-2090 **********************###*****************####************* 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 postmasterSkirkland.com, and destroy this communication and all copies thereof, including all attachments. It********************************************************# Tracking: 880 EFTA00194201 EFTA00194202 Recipient Addnson, Karen (USAFLS) Yera, E.J. (USAFLS) Road Read: 8/23/200810:59 AM 881 EFTA00194203 EFTA00194204 Villafana, Ann Marie C. (USAFLS) From: Sloman, Jeff (USAFLS) Sent: Friday, June 20,2008 9:11 AM To: Roth, John (ODAG) (SMO); Senior, Robert (USAFLS) Cc: Soffer, Gil M. (ODAG) (SMO) Subject: Re: Epstein Thanks John. Original Message From: Roth, John (ODAG) (SMO) To: Sloman, Jeff (USAFLS); Senior, Robert (USAFLS) Cc: Soffer, Gil M. (ODAG) (SMO) Sent: Fri Jun 20 09:01:18 2008 Subject: FW: Epstein FYI. Gil and I have finished our review. Even if we were to substitute our judgment for yours, we believe that this case is one that is appropriately in federal court. We also see nothing in the conduct of the USAO that gives us any reason to doubt that the case is being handled professionally. We briefed the DAG on it yesterday and he agrees. The attached late submission throws a slight wrinkle into this, but I think we can still satisfy your timetable. I have asked Starr and Lefkowitz for an electronic version of whatever he is going to send, to be sent this morning. I am going to schedule a telephone conference for this afternoon or this evening to let them know, but I thought you should know so you can start planning. Please don't reach out to defense counsel until we let them know. From: Kenneth Starr [mailto:kstarr@kirkland.com] Sent: Thursday, June 19, 2008 9:11 PM To: Roth, John (ODAG) Cc: Jay Lefkowitz; Ken.Starr@Pepperdine.edu Subject: Re: Epstein Dear Mr. Roth, As you have requested, we are sending our supplemental submissions and binder of materials to the Department for delivery tomorrow. Attached here is our introductory letter. I will be traveling abroad next week and kindly ask that you contact my colleague in this matter, Jay Lefkowitz, by email or by telephone at 202-446-4970. Kind regards. 882 EFTA00194205 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Thursday, January 03, 2008 1:51 PM To: Acosta, Alex (USAFLS) Subject: RE: Memo to File Sounds great. Thank you. A. Marie Villafafia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Original Message From: Acosta, Alex (USAFLS) Sent: Thursday, January 03, 2008 1:50 PM To: Villafana, Ann Marie C. (USAFLS); Sloman, Jeff (USAFLS) Subject: Re: Memo to File Its at 3 30. No need to travel here. We can loop you in by phone. Sent from my BlackBerry Wireless Handheld Original Message From: Villafana, Ann Marie C. (USAFLS) To: Acosta, Alex (USAFLS) Sent: Thu Jan 03 13:42:49 2008 Subject: RE: Memo to File What time should I be there? And is there anything that I should bring with me? Did Jay give you a sense of where they are headed? Thanks. A. Marie Villafafia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Original Message From: Acosta, Alex (USAFLS) Sent: Thursday, January 03, 2008 1:35 PM 1996 08-80736-CV-MARRA P-014509 EFTA00194206 To: Villafana, Ann Marie C. (USAFLS) Subject: Re: Memo to File Yes. We spoke today only to reschedule to monday because Jeff was out. Sent from my BlackBerry Wireless Handheld Original Message From: Villafana, Ann Marie C. (USAFLS) To: Acosta, Alex (USAFLS) Sent: Thu Jan 03 12:41:33 2008 Subject: RE: Memo to File Hi Alex -- Does this mean that we will be having another call on Monday? A. Marie Villafaha Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Original Message From: Acosta, Alex (USAFLS) Sent: Thursday, January 03, 2008 12:39 PM To: Sloman, Jeff (USAFLS); Villafana, Ann Marie C. (USAFLS) Subject: Fw: Memo to File Had a 3 min call today to schedule our monday call. Want to memorialize the following statement from jay. Sent from my BlackBerry Wireless Handheld Original Message From: Acosta, Alex (USAFLS) To: Acosta, Alex (USAFLS) Sent: Thu Jan 03 12:01:04 2008 Subject: Memo to File 1/3/08 "I may have made a mistake 6 months ago. Lana told us solicitation not registrable. It turns out that the actual offense charged it." Lefkowitz Tracking: 1997 08-80736-CV-MARRA P-014510 EFTA00194207 Villafana, Ann Marie C. (USAFLS) From: Acosta. Alex (USAFLS) Sent: Thursday, January 03, 2008 1:50 PM To: Villafana, Ann Marie C. (USAFLS); Sloman, Jeff (USAFLS) Subject: Re: Memo to File Its at 3 30. No need to travel here. We can loop you in by phone. Sent from my BlackBerry Wireless Handheld Original Message From: Villafana, Ann Marie C. (USAFLS) To: Acosta, Alex (USAFLS) Sent: Thu Jan 03 13:42:49 2008 Subject: RE: Memo to File What time should I be there? And is there anything that I should bring with me? Did Jay give you a sense of where they are headed? Thanks. A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Original Message From: Acosta, Alex (USAFLS) Sent: Thursday, January 03, 2008 1:35 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Re: Memo to File Yes. We spoke today only to reschedule to monday because jeff was out. Sent from my BlackBerry Wireless Handheld Original Message From: Villafana, Ann Marie C. (USAFLS) To: Acosta, Alex (USAFLS) Sent: Thu Jan 03 12:41:33 2008 Subject: RE: Memo to File Hi Alex -- Does this mean that we will be having another call on Monday? 1999 08-80736-CV-MARRA P-01451 I EFTA00194208 A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Original Message From: Acosta, Alex (USAFLS) Sent: Thursday, January 03, 2008 12:39 PM To: Sloman, Jeff (USAFLS); Villafana, Ann Marie C. (USAFLS) Subject: Fw: Memo to File Had a 3 min call today to schedule our monday call. Want to memorialize the following statement from jay. Sent from my BlackBerry Wireless Handheld Original Message From: Acosta, Alex (USAFLS) To: Acosta, Alex (USAFLS) Sent: Thu Jan 03 12:01:04 2008 Subject: Memo to File 1/3/08 "I may have made a mistake 6 months ago. Lana told us solicitation not registrable. It turns out that the actual offense charged it." Lefkowitz 2000 08-80736-CV-MARRA P-014512 EFTA00194209 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Thursday, January 03, 2008 1:43 PM To: Acosta, Alex (USAFLS) Subject: RE: Memo to File What time should I be there? And is there anything that I should bring with me? Did Jay give you a sense of where they are headed? Thanks. A. Marie Villafaha Assistant U.S. Attorney 500 5. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Original Message From: Acosta, Alex (USAFLS) Seht: Thursday, January 03, 2008 1:35 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Re: Memo to File Yes. We spoke today only to reschedule to monday because Jeff was out. Sent from my BlackBerry Wireless Handheld Original Message From: Villafana, Ann Marie C. (USAFLS) To: Acosta, Alex (USAFLS) Sent: Thu Jan 03 12:41:33 2008 Subject: RE: Memo to File Hi Alex -- Does this mean that we will be having another call on Monday? A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Original Message From: Acosta, Alex (USAFLS) Sent: Thursday, January 03, 2008 12:39 PM To: Sloman, Jeff (USAFLS); Villafana, Ann Marie C. (USAFLS) 2003 08-80736-CV-MARRA P-014513 EFTA00194210 Subject: Fw: Memo to File Had a 3 min call today to schedule our monday call. Want to memorialize the following statement from jay. Sent from my BlackBerry Wireless Handheld Original Message From: Acosta, Alex (USAFLS) To: Acosta, Alex (USAFLS) Sent: Thu Jan 03 12:01:04 2008 Subject: Memo to File 1/3/08 "I may have made a mistake 6 months ago. Lana told us solicitation not registrable. It turns out that the actual offense charged it." Lefkowitz Tracking: 2004 08-80736-CV-MARRA P-014514 EFTA00194211 Villafana, Ann Marie C. (USAFLS) From: Acosta, Alex (USAFLS) Sent: Thursday, January 03, 20081:35 PM To: Villatana, Ann Marie C. (USAFLS) Subject: Re: Memo to File Yes. We spoke today only to reschedule to monday because jeff was out. Sent from my BlackBerry Wireless Handheld Original Message From: Villafana, Ann Marie C. (USAFLS) To: Acosta, Alex (USAFLS) Sent: Thu Jan 03 12:41:33 2008 Subject: RE: Memo to File Hi Alex -- Does this mean that we will be having another call on Monday? A. Marie Villafaha Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Original Message From: Acosta, Alex (USAFLS) Sent: Thursday, January 03, 2008 12:39 PM To: Sloman, Jeff (USAFLS); Villafana, Ann Marie C. (USAFLS) Subject: Fw: Memo to File Had a 3 min call today to schedule our monday call. Want to memorialize the following statement from jay. Sent from my BlackBerry Wireless Handheld Original Message From: Acosta, Alex (USAFLS) To: Acosta, Alex (USAFLS) Sent: Thu Jan 03 12:01:04 2008 Subject: Memo to File 1/3/08 "I may have made a mistake 6 months ago. Lana told us solicitation not registrable. It turns out that the actual offense charged it." 2009 08-80736-CV-MARRA P-014515 EFTA00194212 Lefkowitz 2010 08-80736-CV-MARRA P-014516 EFTA00194213 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Thursday, January 03, 2008 12:42 PM To: Acosta, Alex (USAFLS) Subject: RE: Memo to File Hi Alex -- Does this mean that we will be having another'call on Monday? A. Marie Villafaha Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Original Message From: Acosta, Alex (USAFLS) Sent: Thursday, January 03, 2008 12:39 PM To: Sloman, Jeff (USAFLS); Villafana, Ann Marie C. (USAFLS) Subject: Fw: Memo to File Had a 3 min call today to schedule our monday call. Want to memorialize the following statement from jay. Sent from my BlackBerry Wireless Handheld Original Message From: Acosta, Alex (USAFLS) To: Acosta, Alex (USAFLS) Sent: Thu Jan 03 12:01:04 2008 Subject: Memo to File 1/3/08 "I may have made a mistake 6 months ago. Lana told us solicitation not registrable. It turns out that the actual offense charged it." Lefkowitz Tracking: 2013 08-80736-CV-MARRA P-014517 EFTA00194214 Villafana, Ann Marie C. (USAFLS) From: Acosta, Alex (USAFLS) Sent: Thursday, January 03, 2008 12:40 PM To: Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS); Villatana, Ann Marie C. (USAFLS) Subject: RE: Memo to File -- correction -- final word is "is", not "it" 1/3/08 "I may have made a mistake 6 months ago. Lana told us solicitation not registrable. It turns out that the actual offense charged is." • Lefkowitz Original Message From: Acosta, Alex (USAFLS) Sent: Thursday, January 03, 2008 12:39 PM To: Sloman, Jeff (USAFLS); Villafana, Ann Marie C. (USAFLS) Subject: Fw: Memo to File Had a 3 min call today to schedule our monday call. Want to memorialize the following statement from jay. Sent from my BlackBerry Wireless Handheld Original Message From: Acosta, Alex (USAFLS) To: Acosta, Alex (USAFLS) Sent: Thu Jan 03 12:01:04 2008 Subject: Memo to File 1/3/08 "I may have made a mistake 6 months ago. Lana told us solicitation not registrable. It turns out that the actual offense charged is." Lefkowitz 2017 08-80736-CV-MARRA P-014518 EFTA00194215 Villafana, Ann Marie C. (USAFLS) From: Acosta, Alex (USAFLS) Sent: Thursday, January 03. 2008 12:39 PM To: Sloman, Jeff (USAFLS); VIliana, Ann Marie C. (USAFLS) Subject: Fw: Memo to File Had a 3 min call today to schedule our monday call. Want to memorialize the following statement from jay. Sent from my BlackBerry Wireless Handheld Original Message From: Acosta, Alex (USAFLS) To: Acosta, Alex (USAFLS) Sent: Thu Jan 03 12:01:04 2008 Subject: Memo to File 1/3/08 "I may have made a mistake 6 months ago. Lana told us solicitation not registrable. It turns out that the actual offense charged it." Lefkowitz 2019 08-80736-CV-MARRA P-014519 EFTA00194216 Villafana, Ann Marie C. (USAFLS) From: Jack Goldberger figoldberger©agwpa.cornj Sent: Saturday, June 28, 2008 3:38 PM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Notice of Non-Compliance Marie not a problem. From: Villafana, Ann Marie C. (USAFLS) [mallto:Ann.Marle.C.Villafana@usdoj.gov] Sent: Sat 6/28/2008 11:31 AM To: Jack Goldberger Cc: Atkinson, Karen (USAFLS); RBlack@RoyBlack.com Subject: Re: Notice of Non-Compliance Dear Jack: I have conferred with a state court practitioner who staled that there is nothing that prohibits you from agreeing to a consecutive six￾month sentence of incarceration followed by one year of community control as specified in the non-prosecution agreement. If you elect to proceed with the plea agreement as currently drafted, we ask that you insert the word "imprisoned" following the words "six months" in the second sentencing paragraph. Please confirm that this change is acceptable. Thank you. Marie Original Message From: Jack Goldberger <jgoldberger@agwpa.com> To: Villafana, Ann Marie C. (USAFLS) Cc: Jack Goldberger lgoldberger@agwpa.com> Sent: Sat Jun 28 08:49:55 2008 Subject: RE: Notice of Non-Compliance Dear Ms Villafana, please allow this e-mail to confirm our telephone conference of 6:30 pm on June 27 wherein we discussed the Epstein plea agreement and we agreed that the Epstein state plea agreement was in compliance with the September 2007 non-prosecution agreement entered into between Mr. Epstein and the USAO for the Souhern District of Florida. Jack Goldberger From: Villafana, Ann Marie C. (USAFLS)(mailto:Ann.Marie.C.Villafanaigusdoistovl Sent: Fri 6/27/2008 5:45 PM To: Jack Goldberger, Roy BLACK Cc: Atkinson, Karen (USAFLS) Subject: Notice of Non-Compliance Dear Messrs. Goldberger and Black: Please see the attached Notification Letter. <<080627 Goldberger Black notification Itr.pdf>> 768 EFTA00194217 Dear Ms Villafana, please allow this e-mail to confirm our telephone conference of 6:30 pm on June 27 wherein we discussed the Epstein plea agreement and we agreed that the Epstein state plea agreement was in compliance with the September 2007 non-prosecution agreement entered into between Mr. Epstein and the USAO for the Souhern District of Florida. Jack Goldberger From: Villafana, Ann Marie C. (USAFLS) [mailto:Ann.Marie.C.Villafana@usdoj.gov] Sent: Fri 6/27/2008 5:45 PM To: Jack Goldberger; Roy BLACK Cc: Atkinson, Karen (USAFLS) Subject: Notice of Non-Compliance Dear Messrs. Goldberger and Black: Please see the attached Notification Letter. «080627 Goldberger Black notification ltr.pdf» A. Marie Villafaha Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 767 EFTA00194218 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Wednesday, July 09, 20081:04 PM To: Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS); Atkinson, Karen (USAFLS) Cc: Kuyrkendall, E N. (FBI); Richards, Jason R. (FBI) Subject: Response to Goldberger Letter Here are my thoughts: I. Notification only by mail: For those girls who are currently not represented (or for whom we do not know of any representation), we intend to contact the victims by telephone to tell them of the resolution and to get mailing addresses to send the written notification or to determine if they have secured counsel to send it to them. For the girls who are represented, contact will be made by telephone followed by the mailing of the notification. I think a "live" thank you is the least that is required at this point and a "check in" to make sure that girls who need counseling are getting it. (FBI has already arranged counseling for several girls.) In any written response to Mr. Goldberger, I would simply ignore this request. 2. Separate mailings: I have no objection to this change. The notice was drafted the way it was so that Epstein would only have to sign one document rather than 33. Since he isn't going to sign any, that change is fine with me. 3. Notification limited to the information on the first page of the draft notification: In light of Epstein's refusal to sign the acknowledgement, I think some additional explanation is required. I will prepare that revision and send to you shortly. 4. Eliminate the Acknowledgement portion: I have no objection to this. 5. Supplement the notification with our previous statement that we are not vouching for the veracity of any claim: I would reject this request and, in our response to Goldberger, state that we have limited our list to those whom we were prepared to name in an indictment and, accordingly, we believe that there is proof beyond a reasonable doubt that each was a victim of Epstein's. 6. Explain why the acknowledgement is required: In our response to Goldberger, I think we should explain that the acknowledgement language was meant to create a means for proving the existence of the agreement without having to provide copies of the Non-Prosecution Agreement, which contains a confidentiality clause. While I have no objection to revising the language, I think that Epstein's position will lead to litigation regarding the need to disclose the full agreement, which is contrary to the parties' interest in confidentiality. I agree that we cannot force him to sign the acknowledgement, but he must accept the consequences of that decision. 7. Names of pro bono lawyers and information regarding their communications: I have already advised Mr. Goldberger that I will provide him with the names and contact information of attorneys who represent the victims, so I have no objection to that. I also have no objection to telling him that they were recommended by the Crime Victims Rights Advocacy Group based upon a referral from the Justice Department. Other than that, I have no intention of disclosing any "communications" that I had with them. I will take a crack at revising the victim notifications and drafting a response to Goldberger. Any other thoughts I should incorporate? A. Marie Yillafafia Assistant U.S. Attorney 561 209-1047 Tracking: EFTA00194219 Recipient Road Acosta, Alex (USAFLS) Read: 7/9/2008 1:26 PM Siemer'. Jeff (USAFLS) Read: 7/9/2008 1:05 PM Atkinson, Karen (USAFLS) Kuyrkendaff, E N. (FBI) Richards, Jason R. (FBI) 2 EFTA00194220 Villafana, Ann Marie C. (USAFLS) From: Ann Marie Villafana (ann.marie.villafana@gmail.com] Sent: Thursday, December 27, 2007 10:07 PM To: Villafana, Ann Marie C. (USAFLS) Begin forwarded message: My cell does not seem to work in main. Direct is 202 514 9412. I should have a second email acct running today also. Sent from my BlackBerry Wireless Handheld Original Message From: Ann Marie Villafana <ann.marie.villafanaegmail.com> To: Lourie, Andrew (USAFLS) <ALourie@usa.doi.gov>;Lourie, Andrew (USAFLS) <ALourie@usa.doi.kov>• jeffrev.sloman@usdoi.gov leffrey.slomanQusdoi.gov> Sent: Sun Sep 16 17:51:17 2007 Subject: Epstein update Hi all -- After several hours, we are back to where we started. Mr. Epstein is now considering either pleading exclusively to state charges as per our original agreement, or pleading to one federal obstruction charge to be followed by one state 6-month charge. As for our hearing and grand jury appearances on Tuesday, Roy Black and I will call Judge Marra in the morning to postpone the hearing, and I have agreed to release the witnesses from appearing on Tuesday, with an agreement that, if I subpoena them to appear after the initial indictment is returned, I will receive no complaints about misuse of the grand jury. And 1 told Jay that September 25th is my indictment date, come hell or high water. Andy, can you call me tomorrow morning and just let me know where and how I can reach you? I am hoping that we can have a final agreement signed by Tuesday afternoon. Thank you. Ann Marie Villafana antunarie.vi I lafana@gmail.com Begin forwarded message: fir I spoke to him last night. Told him to try for consp on 6 month assault on plane but with a real victim. He is gonna send text later tonight. Give me a number I can reach you at -------- Sent from my BlackBerry Wireless Handheld 2065 EFTA00194221 ----Original Message----- From: Ann Marie Villafana <ann.marie.villafana@amail.com> To: Lourie, Andrew (USAFLS) <ALouriet@usa.doi.gov>; Lourie, Andrew (USAFLS) <ALouricasa.doi,gov> Sent: Sat Sep 15 15:08:07 2007 Subject: Epstein Hi Andy -- Sorry to bother you, but Jay wants to try to get this wrapped up over the weekend, and I received an e-mail from Jeff that you are going to handle finalizing the negotiations. I received your e-mail about the assault on the airplane charge. That is the only 6-month offense that we could find. I have already tried to float a plea to two counts of a 12-month offense with a nonbinding recommendation of 20 months, and that has failed. Jay's response is to suggest a plea to one count of a 12-month offense, which I rejected. Our only other option is an ABA plea to a 371 conspiracy charge. I like that best but the U.S. Attorney likes that least. Can you give me some direction? Thanks. Ann Marie Villafana Maillafana(aamaii.COM Begin forwarded message: MCC This is an Automatic Response. As of September 17, 2007 1 am beginning a detail to the Department of Justice, Criminal Division, in Washington, D.C. Rolando Garcia is now in charge of the West Palm Beach Office of the U.S. Attorney's Office. I will be checking this email account periodically. If this is urgent, please call Rolando Garcia at 561 209-1010 or 561 820-8711. My number in Washington is 202 514-9412 2066 EFTA00194222 U.S. Department of Justice United States Attorney Southern District of Florida 500 S Australian Ave, Ste 400 West Palm Beach, FL 33401 (561) 820-8711 Facsimile: (361) 820-8777 September 17, 2008 DELIVERY BY ELECTRONIC MAIL Jay P. Lefkowitz, Esq. Kirkland & Ellis LLP Citigroup Center 153 East 53rd Street New York, New York 10022-4675 Roy Black, Esq. Black Srebnick Kornspan & Stumpf P.A. 201 S. Biscayne Blvd, Suite 1300 Miami, FL 33131 Jack A. Goldberger, Esq. Atterbury, Goldberger & Weiss, P.A. One Clearlake Centre, Suite 1400 250 Australian Ave S. West Palm Beach, FL 33401-5015 • Re: Jeffrey Epstein Dear Jay, Roy, and Jack: On today's date, our Office received an inquiry from State Attorney Barry Krischer related to the Non-Prosecution Agreement. In accordance with the terms of that Agreement, I am notifying you of this development. State Attorney Krischer has been contacted by counsel for the Palm Beach Daily News asking why the Non-Prosecution Agreement is under seal in order to determine whether to file suit asking that it be unsealed. I have informed State Attorney Krischer that the Agreement contains a confidentiality clause requiring us to provide Mr. Epstein's counsel with notice prior to making any disclosure (compulsory or otherwise). Since Mr. Epstein is a party to that criminal case, he has standing to contest any EFTA00194223 JAY P. LEFKOWITZ, ESQ. ROY BLACK, ESQ. JACK GOLDBERGER, ESQ. SEPTEMBER 17, 2008 PAGE 2 OF 2 unsealing, while we do not. Accordingly, I ask that you confer with Mr. Krischer regarding how you would like to proceed with the matter. I also want to reiterate the concern I raised in my letter of August 15, 2008, that the complete Non-Prosecution Agreement, which includes the October Addendum, has not been filed with the Court in accordance with the Judge's order. Please advise that this issue has been resolved. Thank you for your attention to these matters. Sincerely, R. Alexander Acosta United States Attorney By: A. Marie Villafafia • Assistant United States Attorney cc: Barry Krischer, State Attorney Karen Atkinson, Chief, Northern Division EFTA00194224 Villafana, Ann Marie C. (USAFLS) From: Sloman, Jeff (USAFLS) <JSloman@usa.doj.gov> Sent: Wednesday, September 17, 2008 11:22 AM To: Villafana, Ann Marie C. (USAFLS); Acosta, Alex (USAFLS); Senior, Robert (USAFLS); Lee, Dexter (USAFLS); Atkinson, Karen (USAFLS) Cc: Garcia, Rolando (USAFLS) Subject: RE: State'. Jeffrey Epstein I have reviewed the Agreement. We have no obligation to seek its continued sealing. Per my conversation with Marie, she is going to notify Jack Goldberger that he has yet to file the remainder of the Agreement and that the unsealing issue is between him/Epstein and the SAO's office. From: Villafana, Ann Marie C. (USAFLS) Sent: Wednesday, September 17, 2008 10:50 AM To: Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS); Senior, Robert (USAFLS); Lee, Dexter (USAFLS); Atkinson, Karen (USAFLS) Cc: Garcia, Rolando LUSAFLS) Subject: FW: State I. Jeffrey Epstein Will it never end? Barry Krisher sent the e-mail below to Rolando this morning. Ilow would you like to handle this issue? A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Garcia, Rolando (USAFLS) Sent: Wednesday, September 17, 2008 10:48 AM To: Villafana, Ann Marie C. (USAFLS) Subject: FW: State I. Jeffrey Epstein From: Barry Krischer [mailto:Bkrische@sa15.stateefLus] Sent: Wednesday, September 17, 2008 10:46 AM To: Garcia, Rolando LUSAFLS) Subject: FW: State I. Jeffrey Epstein Please advise how you would like us to proceed. The agreement referred to is the Federal Non-Prosecution agreement sealed in the file by the judge at the time of the Epstein plea. From: Lanna Belohlavek Sent: Tuesday, September 16, 2008 4:21 PM To: Barry Krischer Subject: FW: State'. Jeffrey Epstein 25 EFTA00194225 How to proceed? Lanna From: Bryce Albu [mailto:bryce@reederandreeder.com] Sent: Tuesday, September 16, 2008 3:52 PM To: Lanna Belohlavek Cc: Martin Reeder Subject: State ,' Jeffrey Epstein Ms. Belohlavek, We represent The Palm Beach Daily News. The newspaper recently discovered that a non-prosecution agreement (and an addendum thereto) was filed under seal pursuant to an agreed order entered in the above-referenced case. Because the records are sealed, we cannot assess the propriety of the decision to seal them or even whether the newspaper is interested in the information contained therein. I was hoping you would discuss with me the nature of the agreement and the basis for sealing it so that we can advise our client on whether it should pursue an order unsealing the agreement. Please call me at your earliest convenience. Very truly yours, C. Bryce Albu Reeder & Reeder P.A. 250 S. Central Blvd., Suite 200 Jupiter, FL 33458 Direct Dial: (561) 575-9721 Facsimile: (561) 575-9765 bryce@reederandreeder.com 26 EFTA00194226 Villafana, Ann Marie C. (USAFLS) From: Senior, Robert (USAFLS) <RSenior@usa.doj.gov> Sent: Wednesday, September 17, 2008 11:25 AM To: Villafana, Ann Marie C. (USAFLS); Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS); Lee, Dexter (USAFLS); Atkinson, Karen (USAFLS) Cc: Garcia, Rolando (USAFLS) Subject: RE: State' Jeffrey Epstein Given the non-disclosure agreement, aren't we left with telling the SAO that we have agreed to not disclose so it wouldn't be proper for us to now agree that unsealing is appropriate. Ultimately, it's the SAO's call because they will get the Florida Public Records Act request and they were not a signatory to the agreement. We should also notify defense counsel so that they can take whatever actions they believe are appropriate. Wait till others have had a chance to weigh in on this issue. From: Villafana, Ann Marie C. (USAFLS) Sent: Wednesday, September 17, 2008 10:50 AM To: Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS); Senior, Robert (USAFLS); Lee, Dexter (USAFLS); Atkinson, Karen (USAFLS) Cc: Garcia, Rolando USAFLS) Subject: FW: State Jeffrey Epstein Will it never end? Barry Krisher sent the e-mail below to Rolando this morning. How would you like to handle this issue? A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Garcia, Rolando (USAFLS) Sent: Wednesday, September 17, 2008 10:48 AM To: Villafana, Ann Marie C. (USAFLS) Subject: FW: State Jeffrey Epstein From: Barry Krischer [mailto:Bkrische@sa15.state.flus) Sent: Wednesday, September 17, 2008 10:46 AM To: Garcia, Rolando USAFLS) Subject: FW: State I. Jeffrey Epstein Please advise how you would like us to proceed. The agreement referred to is the Federal Non-Prosecution agreement sealed in the file by the judge at the time of the Epstein plea. From: Lanna Belohlavek Sent: Tuesday, September 16, 2008 4:21 PM 14 EFTA00194227 To: Barry Krischer Subject: FW: State NI Jeffrey Epstein How to proceed? Lanna From: Bryce Albu [mailto:bryce@reederandreeder.com] Sent: Tuesday, September 16, 2008 3:52 PM To: Lanna Belohlavek Cc: Martin Reeder Subject: State Jeffrey Epstein Ms. Belohlavek, We represent The Palm Beach Daily News. The newspaper recently discovered that a non-prosecution agreement (and an addendum thereto) was filed under seal pursuant to an agreed order entered in the above-referenced case. Because the records are sealed, we cannot assess the propriety of the decision to seal them or even whether the newspaper is interested in the information contained therein. I was hoping you would discuss with me the nature of the agreement and the basis for sealing it so that we can advise our client on whether it should pursue an order unsealing the agreement. Please call me at your earliest convenience. Very truly yours, C. Bryce Albu Reeder & Reeder P.A. 250 S. Central Blvd., Suite 200 Jupiter, FL 33458 Direct Dial: (561) 575-9721 Facsimile: (561) 575-9765 brvceAreederandreeder.com 15 EFTA00194228 Villafana, Ann Marie C. (USAFLS) From: Senior, Robert (USAFLS) <RSenior@usa.doj.gov> Sent: Wednesday, September 17, 2008 11:26 AM To: Sloman, Jeff (USAFLS); Villafana, Ann Marie C. (USAFLS); Acosta, Alex (USAFLS); Lee, Dexter (USAFLS); Atkinson, Karen (USAFLS) Cc: Garcia, Rolando (USAFLS) Subject: RE: State 'Jeffrey Epstein Nothing like emails that cross in the wind. From: Sloman, Jeff (USAFLS) Sent: Wednesday, September 17, 2008 11:22 AM To: Villafana, Ann Marie C. (USAFLS); Acosta, Alex (USAFLS); Senior, Robert (USAFLS); Lee, Dexter (USAFLS); Atkinson, Karen (USAFLS) Cc: Garcia, Rolando USAFLS) Subject: RE: State Jeffrey Epstein I have reviewed the Agreement. We have no obligation to seek its continued sealing. Per my conversation with Marie, she is going to notify Jack Goldberger that he has yet to file the remainder of the Agreement and that the unsealing issue is between him/Epstein and the SAO's office. From: Villafana, Ann Marie C. (USAFLS) Sent: Wednesday, September 17, 2008 10:50 AM To: Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS); Senior, Robert (USAFLS); Lee, Dexter (USAFLS); Atkinson, Karen (USAFLS) Cc: Garcia, Rolando cy SAFLS) Subject: FW: State Jeffrey Epstein Will it never end? Barry Krisher sent the e-mail below to Rolando this morning. How would you like to handle this issue? A. Marie Villafaila Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, Fl. 33401 Phone 561 209-1047 Fax 561 820-8777 From: Garcia, Rolando (USAFLS) Sent: Wednesday, September 17, 2008 10:48 AM To: Villafana, Ann Nile C. (USAFLS) Subject: FW: State I. Jeffrey Epstein From: Barry Krischer [mailto:Bkrische@sa15.state.fLus] Sent: Wednesday, September 17, 2008 10:46 AM To: Garcia, Rolando USAFLS) Subject: FW: State I. Jeffrey Epstein 16 EFTA00194229 Please advise how you would like us to proceed. The agreement referred to is the Federal Non-Prosecution agreement sealed in the file by the judge at the time of the Epstein plea. From: Lanna Belohlavek Sent: Tuesday, September 16, 2008 4:21 PM To: Barry Krischer Subject: FW: State 1 Jeffrey Epstein How to proceed? Lanna — - - - From: Bryce Albu [mailto:bryce@reederandreeder.com] Sent: Tuesday, September 16, 2008 3:52 PM To: Lanna Belohlavek Cc: Martin Reedgr Subject: State 1 Jeffrey Epstein Ms. Belohlavek, We represent The Palm Beach Daily News. The newspaper recently discovered that a non-prosecution agreement (and an addendum thereto) was filed under seal pursuant to an agreed order entered in the above-referenced case. Because the records are sealed, we cannot assess the propriety of the decision to seal them or even whether the newspaper is interested in the information contained therein. I was hoping you would discuss with me the nature of the agreement and the basis for sealing it so that we can advise our client on whether it should pursue an order unsealing the agreement. Please call me at your earliest convenience. Very truly yours, C. Bryce Albu Reeder & Reeder P.A. 250 S. Central Blvd., Suite 200 Jupiter, FL 33458 Direct Dial: (561) 575-9721 Facsimile: (561) 575-9765 bryceatreederandreeder.com 17 EFTA00194230 fyi From: Lourie, Andrew (USAFLS) Sent: Tuesday, May 22, 2007 6:32 PM To: 'Gerald Lefcourt' Subject: RE: Jeffrey Epstein I have your letter. I think we are on the same page, but to be sure I do want to clarify that we spoke the other week and I did say that if you want to meet with me again, I am ready to do so. The wording of your letter, however, suggests implicitly that I agreed to contact you before a decision is made to seek an indictment of Mr. Epstein. If that was your understanding, then please allow me to clarify. Our investigation is ongoing and if we decide to seek an indictment, we don't intend to call Mr. Epstein's representatives to let him know that. Of course, in the interim, if you would like to make a presentation to us, we are willing to listen. Along those lines, given the fact that we have already met once, with schedules being what they are, it makes sense for our criminal chief, Matt Menchel, to be included when you make another presentation, rather than working up the chain Incrementally. I realize you were being respectful in not attempting to leapfrog over me, which I appreciate. I will pass on your request to meet with the U.S. Attorney as well, but can't commit for him one way or another. When you have some dates in mind, let me know and I will try to set up a meeting in Miami. From: Gerald Lefcourt [mailto:GBL@lefcourtlaw.com] Sent: Tuesday, May 22, 2007 2:05 PM To: Lourie, Andrew (USAFLS) Cc: Villafana, Ann Marie C. (USAFLS); Lilly Ann Sanchez Subject: Jeffrey Epstein Andy, attached is a letter seeking meetings, as discussed with you, but with others attention. Could you email back so that I know you have received this letter? Gerald 8. Lefcourt Gerald 8. Lefcourt, P.C. 148 E. 78th Street New York New York 10021 Tel. Fax cibl(aPercourtlaw.com Tracking: 2 EFTA00194231 EFTA00194232 U.S. Department of Justice United States Attorney Southern District of Florida First Assistant U.S. Attorney DELIVERY BY FACSIMILE Jay P. Leflcowitz, Esq. Kirkland & Ellis LLP Citigroup Center 153 East 53rd Street New York, New York 10022-4675 Re: Jeffrey Epstein Dear Mr. Leflcowitz, 99 N.E. 4 Street Miami, FL 33132 (305) 961-9100 April , 2008 On September 24, 2007, your client, Jeffrey Epstein, in consultation with Gerald Lefcourt, Esq. and Lilly Ann Sanchez, Esq., as well as numerous other nationally-renowned lawyers, including but not limited to Harvard Law Professor Alan Dershowitz, former Independent Counsel and Solicitor General of the United States Kenneth Starr, just to name a few, entered into a Non￾Prosecution Agreement ("the Agreement') with the United States Attorney's Office for the Southern District of Florida ("SDFL"). Although you and other members of the defense team have since claimed that the Agreement was the product of adhesion, the following facts demonstrate that Epstein knowingly and voluntarily entered into the Agreement in order to avoid a federal indictment regarding his sexual conduct involving minor victims. Despite the fact that by signing the Agreement, Epstein gave up the right to object to its provisions, the SDFL bent over backwards to exhaustively consider and re-consider your objections. Since these objections have finally been exhausted and Epstein has failed to comply with several conditions of the Agreement as set forth below, the SDFL hereby notifies you that unless you comply with all of the terms and conditions of the Agreement, including plea, sentence, and incarceration, as modified by the United States Attorney's December 19, 2007 letter to Ms. Sanchez by the SDFL will elect to terminate the Agreement. Background The Agreement was the product of months of negotiations. Specifically, you requested and received numerous meetings, at the highest levels of the SDFL and DOD's Child Exploitation and Obscenity Section (CEOS) concerning claims that (a) the investigation merely produced evidence of relatively innocuous sexual conduct with some minors who, unbeknownst to Epstein, misrepresented their ages; (b) the authorities investigating Epstein engaged in misconduct; (c) the contemplated federal statutes have no applicability to this matter; and (d) the federal authorities disregarded the fundamental policy against federal intervention with state criminal proceedings. After careful review, the SDFL ultimately rejected those claims. Subsequent to its decision, however, but before proceeding any further, the SDFL provided you with 30 days to appeal the decision to the EFTA00194233 JAY P. LEFKOWFIZ, ESQ. , 2008 PAGE 2 OF 5 Assistant Attorney General of the United States, Mice Fisher. As you recall, you chose to forego an appeal to AAG Fisher, and instead pursued a negotiated resolution which, ultimately, resulted in the execution of the Agreement. The Negotiation Phase During negotiations, you tried to avoid a resolution that called for incarceration and registration as a sexual offender — both of which would be triggered by a successful federal prosecution. The SDFL believed and continues to believe that should this matter proceed to trial, your client would be convicted of the federal statutes identified in the Agreement. In order to achieve a global resolution, the SDFL indicated a willingness to compromise the length of incarceration; however, it remained adamant that Epstein register as a sex offender and that all victims identified during the investigation remain eligible for compensation. In order to achieve this result, the parties considered two alternatives, a plea to federal charges that limited Epstein's sentencing exposure, or, as suggested by you, a plea to state charges encompassing Epstein's conduct. Ultimately, the parties agreed to, inter alia, a plea to the state charges outlined in the Agreement, registration and a method of compensation. The Agreement The crux of the Agreement defers federal prosecution of Epstein for his sexual conduct involving those minor victims identified as of September 24, 2007, in exchange for a guilty plea to a state offense that requires registration as a sex offender; a sufficient term of imprisonment; and a method of compensation for the victims such that they would be placed in the same position as if Epstein had been convicted of one of the enumerated offenses set forth in Title 18, United States Code, Section 2255. Specifically, the Agreement mandates, inter alia, (1) a guilty plea in Palm Beach County Circuit Court to solicitation ofprostitution (FL Stat. Section 796.07) and procurement of minors to engage in prostitution (FL Stat. Section 796.03) (an offense that requires him to register as a sex offender); (2) a 30-month sentence including 18 months' incarceration in county jail; (3) a methodology to compensate the victims identified by the United States; (4) entry of the guilty plea and sentence no later than October 26, 2007; and (5) the start of the above-mentioned sentence no later than January 4, 2008. Furthermore, and significantly, Epstein agreed that he had the burden of ensuring compliance of the Agreement with the Palm Beach County State Attorney's Office and the Judge of the 15`11 Judicial Circuit and "that the failure to do so will be a breach of the agreement" (emphasis added). Post-Execution of the Agreement Within weeks of the execution of the Agreement, you sought to delay the entry of Epstein's guilty plea and sentence. After the SDFL agreed to accommodate your request, counsel for Epstein began taking issue with the methodology ofcompensation, notification to the victims, and the issues EFTA00194234 JAY P. LEFKOWITZ, ESQ. , 2008 PAGE 3 OP 5 that had been previously considered and rejected during negotiations, i.e., that the conduct does not require registration and the contemplated state and federal statutes have no applicability to the instant matter. A. Delay. The Agreement required that "Epstein shall use his best efforts to enter his guilty plea and be sentenced not later than October 26, 2007. The United States has no objection to Epstein self￾reporting to begin serving his sentence not later than January 4, 2008." Agreement, pages 4-5, paragraph 11 (emphasis added). After the Agreement was executed, the SDFL 'accommodated your request to extend the October 26th plea deadline to November 20t based upon, what seemed to be, reasonable scheduling conflict issues.' By early November, you represented that the presiding state court judge would not "stagger the plea and sentencing as contemplated in the Agreement."Although the Agreement clearly did not contemplate a staggered "plea and sentencing," the SDFL again agreed to accommodate Epstein's request to appear in state court for plea and sentencing on January 4, 2908.2 B. Method of Compensation and Notification. During this same time period, you and others, including the former Solicitor General of the United States Kenneth Starr, took issue with the implementation of the methodology of compensation (hereinafter "the 2255 provision")3 and the SDFL's intention to notify the victims under 18 U.S.C. Section 3771 (you objected to victims being notified of time and place of Epstein's "Accordingly, I have now confirmed with Mr. Epstein's Florida counsel that the states attorney's office and the court will be available to have him enter his plea on November 20. So we will plan to proceed on one that date." October 18, 2007 email from Jay Lefkowitz to USA R. Alexander Acosta. On the same day, Mr. Lefkowitz confirmed with First Assistant Jeffrey II. Sloman that this postponement " will not affect when Epstein begins serving his sentence." 2 Correspondence from Jay Lefkowitz to FAUSA Sloman dated November 8, 2007 ("the judge has invited the parties to appear for the plea and sentencing on January 46, we do not anticipate any delay beyond that date.") 3 Prior to any issues arising concerning the implementation of the 2255 provision, the SDFL unilaterally agreed to assign its responsibility to select the attorney representative for the alleged victims to an independent third-party. This was done to avoid even the appearance of favoritism in the selection of the attorney representative. As a result, on October 29, 2007, the parties executed an Addendum wherein it was mutually agreed that former United States District Court Judge Edward B. would serve as the independent third-party. Judge selected the venerable law firm of Podhurst and Josefsberg to represent the approximately 34 alleged identified victims. EFTA00194235 JAY P. LEFICOWITZ, ESQ. , 2008 PAGE 4 OF 5 state court sentencing hearing). In response, the SDFL offered, in my opinion, numerous and various reasonable modifications and accommodations which ultimately resulted in United States Attorney R. Alexander Acosta's December 19, 2007 letter to Lilly Ann Sanchez. In that letter, the United States Attorney tried to eliminate all concerns which, quite frankly, the SDFL was not obligated to address, let alone consider. He proposed the following language regarding the 2255 provision: "Any person, who while a minor, was a victim of a violation of an offense enumerated in Title 18, United States Code, Section 2255, will have the same rights to proceed under Section 2255 as she would have had, if Mr. Epstein been tried federally and convicted of an enumerated offense. For purposes of implementing this paragraph, the United States shall provide Mr. Epstein's attorneys with a list of individuals whom it was prepared to name in an Indictment as victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this provision, including any authority determining which evidentiary burdens if any a plaintiff must meet, shall consider that it is the intent of the parties to place these identified victims in the same position as they would have been had Mr. Epstein been convicted at trial. No more; no less." Regarding the issue of notice to the victims, USA Acosta proposed to notify them of the federal resolution as required by law; however, "[vi]e will defer to the discretion of the State Attorney regarding whether he wishes to provide victims with notice of the state proceedings, although we will provide him with the information necessary to do so if he wishes." As you know, you rejected these proposals as well. See December 26, 2007 correspondence from Jay Lefkowitz to USA Acosta. C. "Mr. Epstein Does Not Believe He Is Guilty Of The Federal Charges Enumerated Under Section 2255." At our December 14, 2007 meeting at the U.S. Attorney's Office in Miami, counsel for Epstein announced, inter alia, that it was a "profound injustice" to require Epstein to register as a sex offender and reiterated that no federal crime, especially 18 U.S.C. Section 2422(b), had been committed since the statute is only violated if a telephone or means of interstate commerce is used to do the persuading or inducing. This particular attack on this statute had been previously raised and thoroughly considered and rejected by the SDFL and CEOS prior to the execution ofthe Agreement. You also argued that the facts were inapplicable to the contemplated state statutes and that Epstein should not have been allowed to have been induced into the Agreement because the facts were not what he understood them to be. It should be noted that the SDFL has never provided you with any evidence supporting its investigation. This is not, and has never been, an Alford plea situation (see North Carolina Alford, 400 U.S. 25, 91 S.Ct. 160 (1970)). Ultimately, you requested an independent review. Subsequent to the above-mentioned meeting, the SDFL received three letters from you and/or Mr. Starr which expanded on some of the themes announced in the December 14th meeting. EFTA00194236 JAY P. LEFKOWEIZ, ESQ. , 2008 PAGE 5 OF 5 Essentially, you portrayed the SDFL as trying to coerce a plea to unknown allegations and incoherent theories. On December 17, 2007, you decreed that Epstein's conduct did not meet the requirements of solicitation of minors to engage in prostitution (Fl. Stat. Section 796.03) one of the enumerated crimes Epstein had previously agreed to plead guilty to; that Epstein's conduct does not require registration under Florida law; and the State Attorney's Office does not believe the conduct is registrable. On December 21, 2007, you rejected the USA's proposed resolution of the 2255 provision because you "strongly believe that the provable conduct of Mr. Epstein with respect to these individuals fails to satisfy the requisite elements of either 18 U.S.C. Section[s] 2422(b) ... or 2423(b)." In your December 26, 2007 correspondence you stated that "we have reiterated in previous submissions that Mr. Epstein does not believe he is guilty of the federal charges enumerated under section 2255" and requiring "Mr. Epstein to in essence admit guilt, though he believes he did not commit the requisite offense." As the SDFL has reiterated time and time again, it does not want nor does it expect Epstein to plead guilty to a charge he does not believe he committed. As a result, we obliged your request for an independent de novo teview of the investigation and facilitated such a review at the highest levels of the Department of Justice. It is our understanding that that independent review is now complete and a determination has been made that there are no impediments to a federal prosecution by the SDFL. Conclusion Therefore, as I proposed in my email to you on February 25, 2008, you shall have until , to comply with all of the terms and conditions of the Agreement, including plea, sentence, and incarceration, as modified by the USA's December 19th letter to Ms. Sanchez. Sincerely, IL Alexander Acosta. United States Attorney By: Jeffrey H. Sloman First Assistant United States Attorney cc: R. Alexander Acosta United States Attorney A. Marie Villafana Assistant U.S. Attorney EFTA00194237 zooSir ,_cattviatfac..eauir L._____tei.) c__L-r-raled-__i_ti :_bq4_reit.A. .. .„—_Ker_t ____Ta.Atiezi. Adak. i.k...ekediat -- _ ._. ___ -- - _Cta ptegAt 15 .2-ci LI -s9:5:3-4f __ A• caite_t_talci &cocks e4 e ___Iluntiladikshia_zt _Merl -ID csat 6Oa- . vt- Karen A._ neat Migititaa2. IT 61 Fry, 4t. EFTA00194238 Villafana, Ann Marie C. (USAFLS) From: Senior, Robert (USAFLS) <RSenior@usa.doj.gov> Sent: Wednesday, June 18, 2008 3:20 PM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Epstein -- Call with Roy Black Nothing that I know of by way of final decision. From: Villafana, Ann Marie C. (USAFLS) Sent: Wednesday, June 18, 2008 1:53 PM To: Senior, Robert (USAFLS); Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS) Cc: Garcia, Rolando (USAFLS); Atkinson, Karen (USAFLS) Subject: Epstein -- Call with Roy Black Karen and I spoke with Roy. Roy said that he had called because he had heard that Rolando had discussed the matter with Barry Krischer and Roy wanted to see if there was any way to wrap this up before July 7'h. Roy also said that he had seen a letter from Jeff Sloman that said that the matter of incarceration would be left to the State. (I am not certain what letter he is referring to, but I think Jeff wrote a letter about not taking a position on where Epstein would be incarcerated, not the length of time.) So, Roy wondered whether we would go away if Epstein took Barry's 60-day deal. Karen explained that Rolando had not had substantive discussions with Barry about the case and that all communication regarding the case is being handled by Karen and me. In response to the question of whether there was anything that could "make this go away," we said that our position is that if Epstein stops the process in Washington and pleads in accordance with the terms of the signed agreement, then we will perform pursuant to the agreement. Karen explained that if Epstein pleads to something else or gets sentenced to a lower amount, then we will consider that a breach of our agreement and we will proceed accordingly. On that note, has there been any word from Washington? Thank you. A. Marie Villafafia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 3 EFTA00194239 Villafana, Ann Marie C. (USAFLS) From: Sloman, Jeff (USAFLS) <Eloman@usa.doj.gov> Sent: Tuesday, June 3, 2008 10:40 AM To: Villafana, Ann Marie C. (USAFLS) Cc: Campos, Cyndee (USAFLS); Senior, Robert (USAFLS) Subject: please review Attachments: 2DAG060208.wpd EFTA00194240 Villafana, Ann Marie C. (USAFLS) From: Sloman, Jeff (USAFLS) Sent: Saturday, June 28, 2008 7:38 AM To: VilParana, Ann Marie C. (USAFLS) Cc: Acosta, Alex (USAFLS); Senior, Robert (USAFLS) Subject: Re: Agreement I agree. Ask Jack to make that change. Original Message From: Villafana, Ann Marie C. (USAFLS) To: Sloman, Jeff (USAFLS) Sent: Fri Jun 27 21:28:46 2008 Subject: Agreement Hi Jeff - Hadn't heard back, so I figured this would be easiest way to communicate. I got a call back from Jack Goldberger, incensed that I was somehow accusing him of trying to get out of the agreement. I was taken aback because the response was completely out of line with the questions I was asking. From my dealings with Jack, this just made me more suspicious than I was originally. Anyhow, Jack said that "this was the only way to do the consecutive jail time." And he "swore" that Epstein would be in custody 24-hours-a-day during the community confinement portion of the sentence. He also insisted that Epstein had been charged with a substantive procurement offense, not attempt. He did, however, let it slip that Epstein would not be at the jail, he would be at the stockade out on the fairgrounds (a low security "camp"). Since we specifically discussed this at the meeting with Barry Krisher months ago that Epstein would be at the Gun Club facility (the jail), this certainly violates the spirit of the agreement, if not the letter. I talked to Millian, who used to be with the Palm Beach County State Attorney's Office before joining our office. She said, first, that it was extremely strange to call it the "Palm Beach County Detention Center," rather than the jail, but I explained that I thought Epstein's people were trying to make us believe he was going to the jail even though he wasn't and this was their way to "finesse" the situation. also explained that the normal way for the plea agreement to read is a consecutive term of six months imprisonment to be followed by one year of community control - in other words, Goldberger's statement that this was the "only way" to do the consecutive sentence is false. I did find a statute that says that if two sentences are imposed consecutively that result in a sentence of greater than one year, the judge is supposed to send the defendant to a state prison rather than a county facility, so that may be why they are wording it this way. also said that typically the term "community control" means home 775 EFTA00194241 confinement, and she has never seen imprisonment used as a condition of "community control." She has seen such a condition in connection with a sentence of probation, but not community control. Also, she and I did a state guideline calculation for Epstein's plea, and, if done correctly, he should be looking at 51 months. The only way that Lanna could avoid that calculation is if she tells the judge that there was no sexual contact. That, of course, would be completely false. In short, something smells very bad. My suggestion is to ask that we ask them to add one word to the second sentencing paragraph of the plea agreement with the state, as follows: the Defendant is sentenced to 18 months Community Control 1 (one). As a special condition of this Community Control, the Defendant must serve the first 6 months INCARCERATED [or IMPRISONED] in the Palm Beach County Detention Facility . . . If they object to this small change - which according to Goldberger is intended by the language already there - then we will know that something is extremely fishy. What do you think? A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 776 EFTA00194242 Villafana, Ann Marie C. (USAFLS) From: Atkinson, Karen (USAFLS) Sent: Friday, June 27, 2008 3:03 PM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Still nothing from Roy I would From: Villafana, Ann Marie C. (USAFLS) Sent: Friday, June 27, 2008 2:50 PM To: Sloman, Jeff (USAFLS); Atkinson, Karen (USAFLS) Subject: Still nothing from Roy Should I fax a letter reminding them again of their obligation to show it to us before it is entered into and provide them with notice that we will consider it a material breach if we don't receive appropriate time to review and comment? A. Marie Villafafia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 784 EFTA00194243 Villafana, Ann Marie C. (USAFLS) From: Sloman, Jeff (USAFLS) Sent: Friday, June 27, 2008 2:53 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Re: Still nothing from Roy Yes Original Message From: Villafana, Ann Marie C. (USAFLS) To: Sloman, Jeff (USAFLS); Atkinson, Karen (USAFLS) Sent: Fri Jun 27 14:50:26 2008 Subject: Still nothing from Roy Should I fax a letter reminding them again of their obligation to show it to us before it is entered into and provide them with notice that we will consider it a material breach if we don't receive appropriate time to review and comment? A. Marie Villafaha Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 785 EFTA00194244 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Friday, June 27, 2008 2:35 PM To: Senior, Robert (USAFLS) Subject: RE: Corrected third supplement to pros memo Works for me. Do you want me to FedEx a pretty new package? We should know by 9:30 on Monday morning what is up. I will ask the grand jury coordinator to put us on for Tuesday mid-morning, instead of first thing. A. Marie Villafaha Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Original Message From: Senior, Robert (USAFLS) Sent: Friday, June 27, 2008 2:31 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Re: Corrected third supplement to pros memo If I reserved all of monday to finalize, would that work ? Original Message From: Villafana, Ann Marie C. (USAFLS) To: Senior, Robert (USAFLS) Cc: Atkinson, Karen (USAFLS) Sent: Fri Jun 27 14:23:33 2008 Subject: Corrected third supplement to pros memo Hi Bob - Here it is. My assistant, Shawn Ball, is going to send you the corrected penalty sheets. Nothing else changes. Thanks. «Third Supplement Pros Memo 2-13-08 corrected 6-27-08.wpd» A. Marie Villafaha Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Tracking: 788 EFTA00194245 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Friday, June 27, 2008 2:24 PM To: Senior, Robert (USAFLS) Cc: Atkinson, Karen (USAFLS) Subject: Corrected third supplement to pros memo Ili Bob — Here it is. My assistant, Shawn Ball, is going to send you the corrected penalty sheets. Nothing else changes. Thanks. Third !ment Pros Memc A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Tracking: 790 EFTA00194246 Villafana, Ann Marie C. (USAFLS) From: Vitlafana, Ann Marie C. (USAFLS) Sent: Friday, June 27, 2008 12:41 PM To: Senior, Robert (USAFLS); Sloman, Jeff (USAFLS) Cc: Atkinson, Karen (USAFLS); Garcia, Rolando (USAFLS) Subject: Final Indictment Ili Bob — I Jere is the final final. I removed the New York girl and added a new Florida girl (Jane Doe #11). I also cut the number of flights in the overt acts to just those charged in the travel counts of the indictment. Pros Memo addendum is coming soon. El 080627 final dictment withou. A. Marie Villafaila Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Tracking: 793 EFTA00194247 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Friday, June 27, 2008 11:02 AM To: Kuyrkendall, E N. (FBI); Richards, Jason R. (FBI) Subject: Travel Dates Hi guys — I am going to re-add the following travel counts: 8/6/04 Alex and 8/19/04 Alex , and 10/29/04 , and 2/21/05 3/31/05 and Does that sound alright? A. Marie Vi!Walla Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 796 EFTA00194248 Villafana, Ann Marie C. (USAFLS) From: Sloman, Jeff (USAFLS) <JSloman@usa.doj.gov> Sent: Wednesday, May 28, 2008 9:37 AM To: Atkinson, Karen (USAFLS); Villafana, Ann Marie C. (USAFLS); Garcia, Rolando (USAFLS) Subject: RE: Epstein Rolando, Please fill me in. Jeff -----Original Message---- From: Atkinson, Karen (USAFLS) Sent: Wednesday, May 28, 2008 9:21 AM To: Sloman, Jeff (USAFLS); Villafana, Ann Marie C. (USAFLS) Subject: RE: Epstein This was info that Rolando got from Barry, the state attorney, but he was waiting for an email to confirm. I am much to lowly to have communications with the "star" team. --Original Message--- From: Sloman, Jeff (USAFLS) Sent: Tuesday, May 27, 2008 3:09 PM To: Villafana, Ann Marie C. (USAFLS); Senior, Robert (USAFLS) Cc: Atkinson, Karen (USAFLS) Subject: RE: Epstein Marie/Karen, No one has contacted anyone in Miami. Please copy me and Bob on all communications. Thanks, Jeff ----Original Message---- From: Villafana, Ann Marie C. (USAFLS) Sent: Tuesday, May 27, 2008 2:54 PM To: Sloman, Jeff (USAFLS); Senior, Robert (USAFLS) Cc: Atkinson, Karen (USAFLS) Subject: Epstein Hi jell. Karen sent me an email about epstein wanting to do less time. I hope that his request will be denied. The original deal was supposed to be 2 years so he has already gotten a big break. Plus we have identified more victims since we agreed to the 18 months. Please keep me posted. Thanks. 2 EFTA00194249 Villafana, Ann Marie C. (USAFLS) From: Sloman, Jeff (USAFLS) <JSIoman@usa.doj.gov> Sent: Thursday, May 29, 2008 9:29 AM To: Villafana, Ann Marie C. (USAFLS); Senior, Robert (USAFLS) Cc: Atkinson, Karen (USAFLS); Kuyrkendall, E N. (MM) (FBI); Richards, Jason R. (MM) (FBI) Subject: RE: Epstein No telling how long the DAG's office will take to decide. Tuesday is off. ----Original Message---- From: Villafana, Ann Marie C. (USAFLS) Sent: Thursday, May 29, 2008 9:03 AM To: Sloman, Jeff (USAFLS); Senior, Robert (USAFLS) Cc: Atkinson, Karen (USAFLS); Kuyrkendall, EN. (FBI); Richards, Jason R. (FBI) Subject: Epstein Hi Jeff and Bob. I received Jeffs e-mail stating that the DAG agreed to meet with epstein's people. Does this mean that Tuesday is off? 1 need to let the gj coordinator know. Also, I am sure that you remember- in. She was the person whom we initially classified as a victim until epstein's attorneys complained. Well, nesbitt halliard a girl who was 14 or 15 when she first went to epstein's house who reports that epstein told her that he had sex with probably would have been 15 or 16 when this conversation occurred.) The girl also reports that she told epstein her true age and epstein told her that he doesn't care about age. I know that epstein's people will, no doubt, continue to tell the dag and others that epstein didn't know about the girls' ages so I thought you should know. Please let me know about tuesday so I don't needlessly spoil nesbitt's sunday. And, any chance the case was dimmed with the ag when he was in town? Thanks. 3 EFTA00194250 Villafana, Ann Marie C. (USAFLS) From: Sloman, Jeff (USAFLS) <JSIoman@usa.doj.gon Sent: Monday, June 2, 2008 4:25 PM To: Villafana, Ann Marie C. (USAFLS) Subject: draft letter to DAG Attachments: DAG060208.wpd EFTA00194251 Villafana, Ann Marie C. (USAFLS) From: Senior, Robert (USAFLS) <RSenior@usa.doj.gov> Sent: Tuesday, May 27, 2008 3:25 PM To: Villafana, Ann Marie C. (USAFLS); Sloman, Jeff (USAFLS) Cc: Atkinson, Karen (USAFLS) Subject: RE: Epstein Marie, are you back ? We need to spend some time together on the indictment. I was planning on Monday because I thought you were back that day but if you're already back let me know. By the way, Jeff and Alex have been very clear that we are not negotiating with this guy any more in any way. Thx. Bob -----Original Message---- From: Villafana, Ann Marie C. (USAFLS) Sent: Tuesday, May 27, 2008 2:54 PM To: Sloman, Jeff (USAFLS); Senior, Robert (USAFLS) Cc: Atkinson, Karen (USAFLS) Subject Epstein Hi jeff. Karen sent me an email about epstein wanting to do less time. I hope that his request will be denied. The original deal was supposed to be 2 years so he has already gotten a big break. Plus we have identified more victims since we agreed to the 18 months. Please keep me posted. Thanks. 1 EFTA00194252 Villafana, Ann Marie C. (USAFLS) From: Atkinson, Karen (USAFLS) <KAtkinson@usa.doj.gov> Sent: Wednesday, May 28, 2008 9:21 AM To: Sloman, Jeff (USAFLS); Villafana, Ann Marie C. (USAFLS) Subject: RE: Epstein This was info that Rolando got from Barry, the state attorney, but he was waiting for an email to confirm. I am much to lowly to have communications with the "star" team. Original Message From: Sloman, Jeff (USAFLS) Sent: Tuesday, May 27, 2008 3:09 PM To: Villafana, Ann Marie C. (USAFLS); Senior, Robert (USAFLS) Cc: Atkinson, Karen (USAFLS) Subject: RE: Epstein Marie/Karen, No one has contacted anyone in Miami. Please copy me and Bob on all communications. Thanks, Jeff Original Message From: Villafana, Ann Marie C. (USAFLS) Sent: Tuesday, May 27, 2008 2:54 PM To: Sloman, Jeff (USAFI,S); Senior, Robert (USAFLS) Cc: Atkinson, Karen (USAFLS) Subject: Epstein Hi jeff. Karen sent me an email about epstein wanting to do less time. I hope that his request will be denied. The original deal was supposed to be 2 years so he has already gotten a big break. Plus we have identified more victims since we agreed to the 18 months. Please keep me posted. Thanks. 1 EFTA00194253 Villafana, Ann Marie C. (USAFLS) From: Senior, Robert (USAFLS) <RSenior@usa.doj.gov> Sent: Tuesday, May 27, 2008 5:09 PM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Epstein Perfect. Enjoy your trip. We're in good shape (so far). ----Original Message---- From: Villafana, Ann Marie C. (USAFLS) Sent: Tuesday, May 27, 2008 3:56 PM To: Senior, Robert (USAFLS) Subject: Re: Epstein Hi bob. I get back on saturday. I will spend sunday with nesbitt and monday with you. I will be there by 10:00 unless you need me there earlier. Original Message ---- From: Senior, Robert (USAFLS) To: Villafana, Ann Marie C. (USAFLS); Sloman, Jeff (USAFLS) Cc: Atkinson, Karen (USAFLS) Sent: Tue May 27 15:24:50 2008 Subject: RE: Epstein Marie, are you back 7 We need to spend some time together on the indictment. I was planning on Monday because I thought you were back that day but if you're already back let me know. By the way, Jeff and Alex have been very clear that we are not negotiating with this guy any more in any way. Thx. Bob ----Original Message-- From: Villafana, Ann Marie C. (USAFLS) Sent: Tuesday, May 27, 2008 2:54 PM To: Sloman, Jeff (USAFLS); Senior, Robert (USAFLS) Cc: Atkinson, Karen (USAFLS) Subject: Epstein Hi Jeff. Karen sent me an email about epstein wanting to do less time. I hope that his request will be denied. The original deal was supposed to be 2 years so he has already gotten a big break. Plus we have identified more victims since we agreed to the 18 months. Please keep me posted. Thanks. 2 EFTA00194254 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Monday, December 03, 2007 3:45 PM To: Acosta, Alex (USAFLS) Cc: Sloman, Jeff (USAFLS) Subject: Relevant Drafts of the Agreement Importance: High Hi Alex — Here are the first set of agreements that we proposed. They were drafted on September e. The plea agreement (where he pleads to a federal charge) contains nothing about section 2255. The Non-Prosecution Agreement contains the following: 4. 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 IS. United States Code, Sections(s) 2422 and/or 2423. 5. The United States shall provide Epstein's attorneys with a list of the identified victims, which will not exceed forty, after Epstein has signed this agreement and entered his guilty plea. 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. At the beginning, Epstein was most interested in pleading to a federal charge, so we spent a lot of time on the federal plea agreement. This identical language was incorporated into the proposed federal plea agreement. I have I I drafts of the plea agreement on my computer, they all have the identical language on this point. Around mid-September. we went back to the Non-Prosecution Agreement. On September le, Jay proposed the following language: Epstein agrees to fund a Trust set up in concert with the Government and under the supervision of the le Judicial Circuit in and for Palm Beach County, Epstein agrees that a Trustee will be appointed by the Circuit Court and that funds from the Trust will be available to be disbursed at the Trustee's discretion to an agreed list of persons who seek reimbursement and make a good faith showing to the Trustee that they suffered injury as a result of the conduct of Epstein. Epstein waives his right to contest liability or damages up to an amount agreed to by the parties for any settlements entered into by the Trustee. Epstein's waiver is not to be construed as an admission of civil or criminal liability in regards to any of those who seek compensation from the Trust. I sent an e-mail to Jay on September I e. with the following response: Re your paragraph 8: As t 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, bull 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 2487 08-80736-CV-MARRA P-014355 EFTA00194255 Lltem. The three of us sit down and discuss things, and I will facilitate as much as I can getting the girls approval of this procedure because, as I mentioned, I think it Is probably in their best Interests In terms of plea agreement language. let me suggest the following: The United States agrees to make a motion seeking the appointment of a Guardian ad Lltem 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 B. NOTICE that I offered to try to put together a Trust Agreement. On September I e, Jay sent a proposed agreement that made no mention at all of payments to the victims. Jay sent the following redline on September 2111: Non Prosecution Igreement Star.. On September 2.3rd, he sent me a "redline" of my most recent version, with the following changes: 20070923_8pmR II ne_of~1V Ag On September 23rd, at around 8:00 p.m., the language was: 6. The United States shall provide Epstein's attorneys with a list of individuals whom it has identified as victims, as defined in 18 U.S.C, § 2255, after Epstein has signed this agreement and been sentenced. Upon the execution of this agreement, the United States will file a motion with the United States District Court for the Southern District of Florida for the appointment ofla guardian ad litem for these persons. Epstein's counsel may contact the identified individuals through that guardian. 7. If any of the individuals referred to in paragraph (6), supra, elects to file suit pursuant to 18 U.S.C. § 2255, Epstein will not contest the jurisdiction of the United States District Court for the Southern District of Florida over his person and/or the subject matter, and Epstein waives his right to contest liability and also waives his right to contest damages up to an amount as agreed to between the identified victim and Epstein, so long as the identified victim elects to proceed exclusively under 18 U.S.C. § 2255, and agrees to waive any other claim for damages, whether pursuant to state, federal, or common law. Notwithstanding this waiver, as to those individuals whose names appear on the list provided by the United States, Epstein's signature on this agreement is not to be construed as an admission of any criminal or oivil liability other than that contained in 18 U.S.C. § 2255. 2488 08-80736-CV-MARRA P-014356 EFTA00194256 8. Epstein's signature on this agreement also is not to be construed as an admission of civil or criminal liability or a waiver of any jurisdictional or other defense as to any person whose name does not appear on the list provided by the United States. At the end of the day on September 241h, at Jay's request, there were several significant changes. Here is the new language: 7. The United States shall provide Epstein's attorneys with a list of individuals whom it has identified as victims, as defined in 18 U.S.C. § 2255, alter Epstein has signed this agreement and been sentenced. Upon the execution of this agreement, the United States, in consultation with and subject to the good faith approval of Epstein's counsel, shall select an attorney representative for these persons, who shall be paid for by Epstein. Epstein's counsel may contact the identified individuals through that representative. 8. If any of the individuals referred to in paragraph (7), supra, elects to file suit pursuant to 18 U.S.C. § 2255, Epstein will not contest the jurisdiction of the United States District Court for the Southern District of Florida over his person and/or the subject matter, and Epstein waives his right to contest liability and also waives his right to contest damages up to an amount as agreed to between the identified individual and Epstein, so long as the identified individual elects to proceed exclusively under 18 U.S.C. § 2255, and agrees to waive any other claim for damages, whether pursuant to state, federal, or common law. Notwithstanding this waiver, as to those individuals whose names appear on the list provided by the United States, Epstein's signature on this agreement, his waivers and failures to contest liability and such damages in any suit are not to be construed as an admission of any criminal or civil liability. 9. Epstein's signature on this agreement also is not to be construed as an admission of civil or criminal liability or a waiver of any jurisdictional or other defense as to any person whose name does not appear on the list provided by the United States. 10. Except as to those individuals who elect to proceed exclusively under 18 U.S.C. § 2255, as set forth in paragraph (8), supra, neither Epstein's signature on this agreement, nor its terms, nor any resulting waivers or settlements by Epstein are to be construed as admissions or evidence of civil or criminal liability or a waiver of any jurisdictional or other defense as to any person, whether or not her name appears on the list provided by the United States. This was the final language. Please let me know if you need other information. "Thank you. A. Marie Villaaa Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 2489 08-80736-CV-MARRA PM 14357 EFTA00194257 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Sunday, June 29, 2008 12:15 PM To: Kuyrkendall, E N. (FBI) Subject: RE: Notice of Non-Compliance CONFIDENTIAL Hi Nesbitt -- I sent you an e-mail earlier today letting you know that Goldberger agreed to my change, so it looks like Monday is going to happen. I have spoken with the Chief and he also spoke to the Sheriff about serving the time out at the jail. The Chief also is going to call some victims to inform them that he received a call from the State Attorney's Office about a plea hearing on Monday. I am very surprised that there has been no press coverage. Yes, can we meet on Monday morning. I want to have the victim list ready to go before we head to the hearing in case we can get him to sign it right then and there. A. Marie Villafaha Assistant U.S. Attorney 561 209-1047 Fax 561 820-8777 Original Message From: Kuyrkendall, E N. (FBI) Sent: Sunday, June 29, 2008 11:54 AM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Notice of Non-Compliance Marie, Just wanted to let you know Jason and I are working on the remaining 5 girls and getting everything ready for GJ. Did you ever hear back from Jack Goldberger? I spoke with Joe yesterday and he agreed with Dave, that the PBC Detention Center is the jail. He also mentioned any sentenced under a year is served at the jail. If over that, Epstein will be serving at the Dept of Correction which is the Stockade. Joe also mentioned that the Sheriff determines how the sentence is carried out. We have already met with the Colonel at the jail some months ago. If all goes well tomorrow, we should ALL meet with the Colonel again just to reiterate our position. We have not heard from AMOC but will let you know when we do. Give us a shout later today and let us know if you would like to meet us tomorrow morning prior to going to the courthouse. Nesbitt From: Villafana, Ann Marie C. (USAFLS) [Ann.Marie.C.Villafana@usdoj.gov] Sent: Saturday, June 28, 2008 11:20 AM To: jgoldberger@agwpa.com Cc: Atkinson, Karen (USAFLS); RBlack@RoyBlack.com 758 EFTA00194258 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Sunday, June 29, 2008 5:20 PM To: Sloman, Jeff (USAFLS); Atkinson, Karen (USAFLS) Subject: JE Just got word from FAA that JE's plane is flying from NY to West Palm with a stop in Georgia (probably to pick up Goldberger from his vacation). So maybe tomorrow really will happen. The agents and I are meeting early tomorrow to finalize victim list in the hopes that he will sign the notification in the courtroom. Does that sound alright with you? Please let me know. 757 EFTA00194259 Villafana, Ann Marie C. (USAFLS) From: Sloman, Jeff (USAFLS) Sent: Sunday, June 29, 2008 5:22 PM To: Villafana, Ann Marie C. (USAFLS); Atkinson, Karen (USAFLS) Cc: Acosta, Alex (USAFLS) Subject: Re: JE Yes - go get him! Good luck. Original Message From: Villafana, Ann Marie C. (USAFLS) To: Sloman, Jeff (USAFLS); Atkinson, Karen (USAFLS) Sent: Sun Jun 29 17:19:41 2008 Subject: JE Just got word from FAA that JE's plane is flying from NY to West Palm with a stop in Georgia (probably to pick up Goldberger from his vacation). So maybe tomorrow really will happen. The agents and I are meeting early tomorrow to finalize victim list in the hopes that he will sign the notification in the courtroom. Does that sound alright with you? Please let me know. 756 EFTA00194260 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Monday, June 30, 2008 10:11 AM To: Sloman, Jeff (USAFLS); Atkinson, Karen (USAFLS); Senior, Robert (USAFLS); Ball, Shawn (USAFLS); Acosta, Alex (USAFLS) Subject: Je It is done, we think 755 EFTA00194261 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Monday, June 30, 2008 10:59 AM To: Brendan White Cc: Ball, Shawn (USAFLS) Subject: Cancellation of Grand Jury Appearance Dear Mr. White: At this time, the subpoena of Ms. Lacerda is withdrawn. If that should change, I will contact you. A. Marie Villafaila Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 754 EFTA00194262 Villafana, Ann Marie C. (USAFLS) From: Brendan White Ibrendan@whiwhi.com] Sent: Monday, June 30, 2008 11:20 AM To: Villafana, Ann Marie C. (USAFLS) Subject: Re: Cancellation of Grand Jury Appearance Thank you for letting me know. I will inform Ms. Lacerda. Brendan -- Original Message ---- From: Villafana. Ann Marie C. (USAFLS) To: Brendan White Cc: Ball, Shawn (USAFLS) Sent: Monday, June 30, 2008 10:59 AM Subject: Cancellation of Grand Jury Appearance Dear Mr. White: At this time, the subpoena of Ms. Lacerda is withdrawn. If that should change, I will contact you. A. Marie Villafafla Assistant U.S. Attorney 500 S.•Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 753 EFTA00194263 Recipient Read Campos. Cyndee (USAFLS) Read: 61301200811:31 AM Sloman, Jeff (USAFLS) Read: 6/30/2008 11:31 AM 752 EFTA00194264 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Monday, June 30, 2008 11:30 AM To: Campos, Cyndee (USAFLS); Sloman, Jeff (USAFLS) Subject: Can I get a copy of the signed letter between Alex and Lilly? Importance: High Hi Cyndee or Jeff— Do we have a signed copy of the letter between Alex and Lilly where he modifies the agreement? I only have an c-mail containing the language. Thanks. A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Tracking: 751 EFTA00194265 Recipient Road Campos, Cyndee (USAFLS) Read: 6130/2008 11:32 AM 750 EFTA00194266 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Monday, June 30, 200811:32 AM To: Campos, Cyndee (USAFLS) Subject: RE: Can I get a copy of the signed letter between Alex and Lilly? 5618208711 Thanks. A. Marie Villafafia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Campos, Cyndee (USAFLS) Sent: Monday, June 30, 2008 11:31 AM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Can I get a copy of the signed letter between Alex and Lilly? What is your fax number From: Villafana, Ann Mane C. (USAFLS) Sent: Monday, June 30, 2008 11:30 AM To: Campos, Cyndee (USAFLS); Sloman, Jeff (USAFLS) Subject: Can I get a copy of the signed letter between Alex and Lilly? Importance: High Hi Cyndee or Jeff— Do we have a signed copy of the letter between Alex and Lilly where he modifies the agreement? I only have an e-mail containing the language. Thanks. A. Marie Villafaila Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Tracking: 749 EFTA00194267 Recipient Read Campos, Cyodee (USAFLS) Read: 6130/2008 11:33 AM 748 EFTA00194268 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Monday, June 30, 200811:32 AM To: Campos, Cyndee (USAFLS) Subject: RE: Can I get a copy of the signed letter between Alex and Lilly? Sorry it is 561-820-8777 A. Marie Villafafia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Campos, Cyndee (USAFLS) Sent: Monday, June 30, 2008 11:32 AM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Can I get a copy of the signed letter between Alex and Lilly? Sorry saw it From: Villafana, Ann Marie C. (USAFLS) Sent: Monday, June 30, 2008 11:30 AM To: Campos, Cyndee (USAFLS); Sloman, Jeff (USAFLS) Subject: Can I get a copy of the signed letter between Alex and Ully? Importance: High Hi Cyndee or Jeff— Do we have a signed copy of the letter between Alex and Lilly where he modifies the agreement? I only have an e-mail containing the language. Thanks. A. Marie Villafacia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Tracking: 747 EFTA00194269 Villafana, Ann Marie C. (USAFLS) From: Sent: To: Subject: Villafana, Ann Marie C. (USAFLS) Monday, June 30, 2008 12:13 PM Sloman, Jeff (USAFLS); Senior, Robert (USAFLS) PB Post Article.pdf Here is the latest. Jeff — Can you call me asap? I am meeting with Goldberger at 12:15. PB Post Article.pdf 746 EFTA00194270 Recipient 'Jack Goldberger' Atkinson, Karen (USAFLS) Sloman, Jeff (USAFLS) Senior, Robert (USAFLS) Read Read: 8/30/2008 2:08 PM Read: 8130/20081:14 PM Read: 6/30/20081:04 PM 745 EFTA00194271 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Monday, June 30, 2008 12:57 PM To: 'Jack Goldberger Cc: Atkinson, Karen (USAFLS) Subject: Revised page one of Notification Dear Jack: Attached please find the first page of the Notification, revised to reflect the changed plea agreement term. Thanku. Victim itlficatIon and Nc A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Tracking: 744 EFTA00194272 Villafana, Ann Marie C. (USAFLS) From: Oosterbaan, Andrew (CRM) Sent: Monday, June 30, 2008 2:19 PM l To: Villafana, Ann Marie C. (USAFLS) [ Cc: Sloman, Jeff (USAFLS); Senior. Robert (USAFLS) Subject: FW: Epstein pleads guilty in state court Attachments: Epstein pleads guilty in state court Congratulations, Marie — at long last! Your work on this matter was truly exceptional, and you obtained a very significant result that will serve the victims well. Please pass on my congratulations to the rest of your team. Drew 743 EFTA00194273 Recipient Oosterbaan, Andrew (CRM) Kuyrkendall, E N. (FBI) Richards, Jason R. (FBI) Atkinson, Karen (USAFLS) Sloman. Jeff (USAFLS) Senior, Robert (USAFLS) Acosta, Alex (USAFLS) Garda. Rolando (USAFLS) Read Read: 6/30/2008 4:07 PM Read: 6/30/2008 4:09 PM Read: 6/30/2008 4:13 PM Read: 6/30/2008 4:10 PM 742 EFTA00194274 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Monday, June 30, 2008 3:55 PM To: Oosterbaan, Andrew (CRM) Cc: Kuyrkendall, E N. (FBI); Richards, Jason R. (FBI); Atkinson, Karen (USAFLS); Sloman, Jeff (USAFLS); Senior, Robert (USAFLS); Acosta, Alex (USAFLS); Garcia, Rolando (USAFLS) Subject: RE: Epstein pleads guilty in state court Thank you, Drew. Your support was (and is) greatly appreciated. A. Marie Villafafia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Reach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Oosterbaan, Andrew (CRM) Sent: Monday, June 30, 2008 2:19 PM To: Villafana, Ann Marie C. (USAFLS) Cc: Sloman, Jeff (USAFLS); Senior, Robert (USAFLS) Subject: FW: Epstein pleads guilty in state court Congratulations, Marie — at long last! Your work on this matter was truly exceptional, and you obtained a very significant result that will serve the victims well. Please pass on my congratulations to the rest of your team. Drew Tracking: 741 EFTA00194275 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Monday, June 30, 2008 4:09 PM To: Braden, Myesha (CRT) Subject: RE: Saw the Epstein news So-so. After all the hell they put me through, 1 don't feel like celebrating 18 months. He should be spending 18 years in jail — with his lawyers in the cell next to him. But I did get to see him leaving the courtroom in handcuffs. And he will have to pay out a minimum of $4,650,000 in damages. So, how are you? A. Marie Malaria Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Braden, Myesha (CRT) Sent: Monday, June 30, 2008 2:41 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Saw the Epstein news Marie, How are you doing? Myesha Myesha K. Braden U.S. Department of Justice Civil Rights Division - Criminal Section (202) 305-1483 740 EFTA00194276 From: Braden, Myesha (CRT) Sent: Monday, June 30, 2008 2:41 PM To: Villafana, Ann Marie C. (USAFIS) Subject: Saw the Epstein news Marie, How are you doing? Myesha Myesha K. Braden U.S. Department of Justice Civil Rights Division - Criminal Section (202) 305-1483 739 EFTA00194277 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Monday, June 30, 2008 4:41 PM To: Braden, Myesha (CRT) Subject: RE: Saw the Epstein news Wait — when did you move to Civil Rights? Are you working with my friend Tammie Gregg? A. Marie Villafaha Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Reach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Braden, Myesha (CRT) Sent: Monday, June 30, 2008 4:26 PM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Saw the Epstein news I was happy about the offwnder registration, but I wondering about the damages, as the article that I read didn't mention them. Add that to the $57 million he just lost in the Bear Stearns debacle and it may actually crimp his style. (Perhaps karma took care of what DOJ didn't. Perhaps this will hold true during the civil suits.) Things in the Civil Rights Division are good. I jsut started a week ago, but they really seem to make a point of giving you every possible tool to be successful. The people here are really happy and seem amazingly stress free, considering all of the travel involved. (I'll get on a plane less often than with CEOS, but may possibly spend more time away.) The differences between the way things are managed at CEOS and the way they are managed here are downright starteling. I know that it has much to do with the fact that the section is significantly larger, older and better funded . . .but it's like a different world. From: Villafana, Ann Marie C. (USAFLS) [mailto:Ann.Marle.C.Vlllafana@usdoj.gov] Sent: Monday, June 30, 2008 4:09 PM To: Braden, Myesha (CRT) Subject: RE: Saw the Epstein news So-so. Alter all the hell they put me through, I don't feel like celebrating 18 months. He should be spending 18 years in jail — with his lawyers in the cell next to him. But I did get to see him leaving the courtroom in handcuff's. And he will have to pay out a minimum of S4,650,000 in damages. So, how are you? A. Marie Villafafia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 738 EFTA00194278 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Monday, June 30, 2008 5:00 PM To: tleopold@riccilaw.com Subject: Epstein Investigation Dear Ted: Here is my c-mail address and contact information. Thank you for your assistance. A. Marie Villajaha Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 737 EFTA00194279 Rocipiont 'Jack Goldberger Atkinson. Karen (USAFLS) Sloman. Jeff (USAFLS) Read Read: 6/30(2008 5:12 PM 736 EFTA00194280 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Monday, June 30, 2008 5:01 PM To: 'Jack Goldberger' Cc: Atkinson, Karen (USAFLS) Subject: Non-Prosecution Agreement Jack: The FBI has received several calls regarding the Non-Prosecution Agreement. I do not know whether the title of the document was disclosed when the Agreement was filed under seal, but the FBI and our office arc declining comment if asked. A. Marie Malan° Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Tracking: /35 EFTA00194281 Villafana, Ann Marie C. (USAFLS) From: Ted Leopold [TLeopold@riccilaw.comj Sent: Monday, June 30, 2008 5:13 PM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Epstein Investigation Thanks Ann Marie. I will get back to you. p.s., Tell Janice LeClainche and Jeff Sloman hello for me. Both are good friends for mine. Original Message From: Villafana, Ann Marie C. (USAFLS) [mailto:Ann.Marie.C.Villafana@usdoj.gov] Sent: Monday, June 30, 2008 5:00 PM To: Ted Leopold Subject: Epstein Investigation Dear Ted: Here is my e-mail address and contact information. Thank you for your assistance. A. Marie VilWalks Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 734 EFTA00194282 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Monday, June 30, 2008 5:13 PM To: Ted Leopold i I Subject: RE: Epstein Investigation I will do so. Look forward to hearing from you. A. Marie Villafafia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Reach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Ted Leopold [mailto:TLeopold@riccilaw.com] Sent: Monday, June 30, 2008 5:13 PM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Epstein Investigation Thanks Ann Marie. I will get back to you. p.s., Tell Janice LeClainche and Jeff Sloman hello for me. Both are good friends for mine. Original Message From: Villafana, Ann Marie C. (USAFLS) [mailto:Ann.Marie.C.Villafana@usdoj.gov) Sent: Monday, June 30, 2008 5:00 PM To: Ted Leopold Subject: Epstein Investigation Dear Ted: 1-lore is my e-mail address and contact information. Thank you for your assistance. A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 733 EFTA00194283 I was happy about the offwnder registration, but I wondering about the damages, as the article that I read didn't mention them. Add that to the $57 million he just lost in the Bear Stearns debacle and it may actually crimp his style. (Perhaps karma took care of what DOJ didn't. Perhaps this will hold true during the civil suits.) Things in the Civil Rights Division are good. I jsut started a week ago, but they really seem to make a point of giving you every possible tool to be successful. The people here are really happy and seem amazingly stress free, considering all of the travel involved. (I'll get on a plane less often than with CEOS, but may possibly spend more time away.) The differences between the way things are managed at CEOS and the way they are managed here are downright starteling. I know that it has much to do with the fact that the section is significantly larger, older and better funded ...but it's like a different world. From: Villafana, Ann Marie C. (USAFLS) [mailto:Ann.Marle.C.VIllafana@usdoj.gov] Sent: Monday, June 30, 2008 4:09 PM To: Braden, Myesha (CRT) Subject: RE: Saw the Epstein news So-so. After all the hell they put me through, I don't feel like celebrating 18 months. He should be spending 18 years in jail — with his lawyers in the cell next to him. But I did get to see him leaving the courtroom in handcuffs. And he will have to pay out a minimum of $4,650,000 in damages. So, how are you? A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 56] 820-8777 From: Braden, Myesha (CRT) Sent: Monday, June 30, 2008 2:41 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Saw the Epstein news Marie, How are you doing? Myesha Myesha K. Braden U.S. Department of Justice Civil Rights Division - Criminal Section (202) 305-1483 732 EFTA00194284 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Monday, June 30, 2008 5:19 PM To: Braden, Myesha (CRT) Subject: RE: Saw the Epstein news Hi Myesha — Congratulations. 1 have always heard that Criminal Civil Rights is the best place to be at DOJ. Tammie is with "Special Programs" — they handle prisons, nursing homes, police departments. She is fabulous and you two would get along great. She and I worked together at the firm in Minneapolis, then she went to a firm in DC and then to DOJ. I think she has been there for around 7 years. She is a Deputy Chief now, I think. Thank you for the vote of confidence with Epstein. I am trying to focus on the fact that he would have gotten a complete walk if I wasn't so hard-headed. A. Marie Villafafla Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Braden, Myesha (CRT) Sent: Monday, June 30, 2008 4:47 PM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Saw the Epstein news I officially left CEOS on June 21st, but I'd been on vacation since June 9th. It's something that I have wanted to do for years and I'm so happy that it finally worked out. (I applied to this section twice before going to CEOS, but didn't have enough prosecution experience for them to hire me.) I haven't met a Tammie Gregg, yet. Is she in the Criminal Section? From: Villafana, Ann Marie C. (USAFLS) [mallto:Ann.Marle.C.Villafana@usdoj.gov] Sent: Monday, June 30, 2008 4:41 PM To: Braden, Myesha (CRT) Subject: RE: Saw the Epstein news Wait - when did you move to Civil Rights? Are you working with my friend Tammie Gregg? A. Marie Villafafia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Braden, Myesha (CRT) Sent: Monday, June 30, 2008 4:26 PM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Saw the Epstein news 731 EFTA00194285 Fax 561 820-8777 730 EFTA00194286 Villafana, Ann Marie C. (USAFLS) From: Ted Leopold [TLeopold@riccilaw.com] Sent: Monday, June 30, 2008 5:23 PM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Epstein Investigation ps, great job of not letting this guy off. Original Message From: Villafana, Ann Marie C. (USAFLS) (mailto:Ann.Marie.C.Villafana@usdoj.gov] Sent Monday, June 30, 2008 5:13 PM To: Ted Leopold Subject: RE: Epstein Investigation I will do so. Look forward to hearing from you. A. Marie Villafafia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Ted Leopold [mailto:TLeopold@riccilaw.com] Sent: Monday, June 30, 2008 5:13 PM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Epstein Investigation Thanks Ann Made. I will get back to you. p.s., Tell Janice LeClainche and Jeff Sloman hello for me. Both are good friends for mine. Original Message From: VIllefana, Ann Marie C. (USAFLS) [mailto:Ann.Marie.C.Villafana@usdoj.gov] Sent: Monday, June 30, 2008 5:00 PM To: Ted Leopold Subject: Epstein Investigation Dear Ted: Here is my c-mail address and contact information. Thank you for your assistance. A. Marie Villafaha Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 729 EFTA00194287 Dear Ted: Here is my e-mail address and contact information. Thank you for your assistance. A. Marie Villafalia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 728 EFTA00194288 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Monday, June 30, 2008 5:19 PM To: Ted Leopold Subject: RE: Epstein Investigation 1 wish it had been more time, but this way the girls get some compensation without the horrors of a trial. A. Marie Villafafla Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Ted Leopold [mailto:TLeopold@rIccIlaw.com] Sent: Monday, June 30, 2008 5:23 PM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Epstein Investigation ps, great job of not letting this guy off. Original Message From: Villafana, Ann Marie C. (USAFLS) [mailto:Ann.Marle.C.Villafana@usrloj.gov] Sent: Monday, June 30, 2008 5:13 PM To: Ted Leopold Subject: RE: Epstein Investigation I will do so. Look forward to hearing from you. A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Ted Leopold [malltolleopold@r1cdlaw.com] Sent: Monday, June 30, 2008 5:13 PM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Epstein Investigation Thanks Ann Marie. I will get back to you. p.s., Tell Janice LeCiainche and Jeff Sloman hello for me. Both are good friends for mine. Original Message From: Villafana, Ann Marie C. (USAFLS) [mallto:Ann.Marie.C.Villafana@usdoj.gov] Sent: Monday, June 30, 2008 5:00 PM To: Ted Leopold Subject: Epstein Investigation 727 EFTA00194289 Recipient Read Roe. Susan (USAWAW) Read: 6/30/2008 5:26 PM 726 EFTA00194290 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Monday, June 30, 2008 5:21 PM To: Roe, Susan (USAWAW) Subject: RE: news article Ycs. The detail that wasn't included is that he has to pay damages to the girls — a minimum of $150,000 to each of 31 girls. A. Marie Villafafia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Roe, Susan (USAWAW) Sent: Monday, June 30, 2008 5:02 PM To: Villafana, Ann Marie C. (USAFLS) Subject: news article Does this resolve your case, too? Billionaire pleads to Fla. prostitution charge TIIE ASSOCIATED PRESS WEST PALM BEACH, Fla. -- New York billionaire Jeffrey Epstein has pleaded guilty to soliciting prostitution from underage girls in South Florida. Circuit Judge Deborah Dale PucIllo sentenced the 55-year-old money manager Monday to 18 months in the Palm Beach County jail, followed by a year of house arrest. He will also be designated a sex offender. Epstein was arrested two years ago. Authorities allege he paid several girls under the age of 18 $200 to $300 each in return for naked massages at his Palm Beach home that sometimes became sexual. He also faces state and federal lawsuits flied by several women over similar allegations. Tracking: 725 EFTA00194291 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Monday, June 30, 2008 5:36 PM To: jason@scvan.org Subject: Epstein Investigation Hi Jason — Sorry we missed each other today. 1 wanted to inform you and (through you) your clients, of the resolution of the federal investigation of Mr. Epstein. He plead guilty today in state court to one charge of felony solicitation of prostitution and one charge of procurement of minors to engage in prostitution. He received 18 months' imprisonment to be followed by 12 months of community control with home confinement. He also must register as a sex offender for the remainder of his life. His agreement with the U.S. Attorney's Office also required him to make certain concessions regarding possible civil suits brought by the victims. I was hoping to discuss this with you over the telephone. I also wanted to confirm the names of the victims whom you represent, and I wanted to see if you are in a position either to represent the victims in connection with such litigation or if you can refer them to someone who could perform that task, if the victims ask for recommendations. Let's talk tomorrow in more detail. Thank you. Please treat this e-mail as confidential. A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 724 EFTA00194292 p.s., Tell Janice LeClainche and Jeff Sloman hello for me. Both are good friends for mine. Original Message From: Villafana, Ann Marie C. (USAFLS) [mailto:Ann.Marie.C.Villafana@usdoJ.gov] Sent: Monday, June 30, 2008 5:00 PM To: Ted Leopold Subject: Epstein Investigation Dear Ted: I lore is my e-mail address and contact information. Thank you for your assistance. A. Marie Villafatla Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 723 EFTA00194293 Villafana, Ann Marie C. (USAFLS) From: Ted Leopold [TLeopold@riccilaw.com] Sent: Monday, June 30, 2008 5:43 PM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Epstein Investigation correct. Quite a story however. Makes you wonder what a guy like this is thinking. Original Message From: Villafana, Ann Mane C. (USAFLS) (mailto:Ann.Marie.C.Villafana@usdoj.gov) Sent: Monday, June 30, 2008 5:19 PM To: Ted Leopold Subject: RE: Epstein Investigation I wish it had been more time, but this way the girls get some compensation without the horrors of a trial. A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Ted Leopold [malito:TLeopold@ricdlaw.com] Sent: Monday, June 30, 2008 5:23 PM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Epstein Investigation ps, great job of not letting this guy off. Original Message From: Villafana, Ann Marie C. (USAFLS) [mailto:Ann.Marie.C.Villafana@usdoj.gov] Sent: Monday, June 30, 2008 5:13 PM To: Ted Leopold Subject: RE: Epstein Investigation I will do so. Look forward to hearing from you. A. Marie Villafafia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Ted Leopold (mailto:TLeopold@ricdiaw.corn] Sent: Monday, June 30, 2008 5:13 PM To: Villafana, Ann Marie C (USAFLS) Subject: RE: Epstein Investigation Thanks Ann Marie. I will get back to you. 722 EFTA00194294 Villafana, Ann Marie C. (USAFLS) From: Jack Goldberger Ugoldberger©agwpa.com] Sent: Monday, June 30, 2008 5:43 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Re: Non-Prosecution Agreement Thank you. It has not been filed yet and when filed it will be filed without identification as to what it is Jack goldberger Sent from my iPhone On Jun 30, 2008, at 5:16 PM, "Villafana, Ann Marie C.1(USAFLS \)" <Ann.Marie.C.Villafanaeusdoj.gov> wrote: Jack: The FBI has received several calls regarding the Non-Prosecution Agreement. I do not know whether the title of the document was disclosed when the Agreement was filed under seal, but the FBI and our office are declining comment if asked. A. Marie Villafaiia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 721 EFTA00194295 Recipient Road Roe. Susan (USAWA1A0 Read: 7/1/2008 11:14 AM 720 EFTA00194296 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Tuesday, July 01, 2008 9:10 AM To: Roe, Susan (USAWAW) Subject: RE: a couple questions You would have to subpoena the computers yourselves. And the state attorney's office did a wink-wink-nudge￾nudge two-sentence factual proffer. A. Marie Villafana Assistant 11.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Roe, Susan (USAWAW) Sent: Monday, June 30, 2008 7:05 PM To: Villafana, Ann Marie C. (USAFLS) Subject: a couple questions I assume there is no cooperation agreement. Any chance we/someone can see his computers? Anything of interest in the statement of facts ? Tracking: 719 EFTA00194297 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Tuesday. July 01, 2008 9:38 AM To: Campos, Cyndee (USAFLS) Subject: RE: Congratulations Thank you, Cyndee. I think we should have a celebration in Miami after the final papers are signed. A. Marie Villafaffa Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Campos, Cyndee (USAFLS) Sent: Tuesday, July 01, 2008 9:28 AM To: Villafana, Ann Made C. (USAFLS) Subject: Congratulations 718 EFTA00194298 Recipient Read Alkinsom Karen (USAFLS) Read: 711/2008 9:51 AM 717 EFTA00194299 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Tuesday, July 01, 2008 9:47 AM To: Atkinson, Karen (USAFLS) Subject: Meeting with the Colonel iii Karen — Jason discovered that Epstein is already at the Stockade. Did you get a time to meet with the Colonel? 1 think we should probably see him soon. Thank you. A. Marie Vi!Walla Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Tracking: 716 EFTA00194300 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Tuesday, July 01, 2008 11:05 AM To: Yera, E.J. (USAFLS); Ball, Shawn (USAFLS); Kirkpatrick, Lynn (USAFLS); Gregg, Tammie (CRT); Erskine, Kurt (USAGAN); Robbennolt, Paul. Randy Frykberg (rfrykberg@complexsettlements.com); Millien, (USAFLS) Subject: News Briefings 07 01 08.pdf all — The first article is the most interesting. Thank you all for the help and support over the last, seemingly interminable, two years. News Briefings 07 01 08.pdf Marie 715 EFTA00194301 Recipient Lanna Belohlavek (lbelehlaiesa15.state.fLus) Atkinson, Karen (USAFLS) Sloman, Jeff (USAF LS) Senior, Robert (USAFLS) Read Read: 7/1/200812:31 PM Read: 7/112008 12:15 PM Read: 7/1/2008 12:08 PM 714 EFTA00194302 Villafana, Ann Marie C. (USAFLS) From: Vi'Wane, Ann Marie C. (USAFLS) Sent: Tuesday, July 01, 200811:51 AM To: Lanna Belohlavek (lbelohla@sa15.state.fl.us) Cc: Atkinson, Karen (USAFLS) Subject: Non-Prosecution Agreement in Epstein Case Hi Lanna — I am attaching the agreement, with addenda, for filing with the Court under seal. We also noticed a couple of "misstatements" during the change of plea and wanted to call them to your attention. First, the Division of Corporations' documents show that the Florida Science Foundation was incorporated in November 2007, not a "couple of years ago" as reportcd by Mr. Epstein. The address provided for the "office" of the Florida Science Foundation is Jack Goldberger's office suite, and neither the office building directory nor the office suite door reflects that such a business is located there, and neither the security guard nor any building tenant that FBI questioned knows of the existence of such a business. And, of course, Mr. Epstein could not have been working there "every day" when he hasn't been in Palm Beach County in the past six months. We will leave it to your discretion as to whether this should be brought to the Court's attention. Epstein Agrmt001.pdf A. Marie Villafaffa Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Tracking: 713 EFTA00194303 Recipient Sloman. Jell (USAFLS) Road Read: 7/3/20081:11 PM 712 EFTA00194304 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Thursday, July 03, 200811:37 AM To: Sbman, Jeff (USAFLS) Subject: Epstein Hi Jeff— I just got an earful from the last of the victims' lawyers. He is a former Broward County ASA and he represents three victims. He says that his clients can name many more victims and wanted to know if we can get out of the deal. I told him that, at this time, assuming that Epstein performs the last piece of the agreement, we are bound. He asked that, if there is the slightest hesitation on Epstein's part of completing his performance, that he and his clients be allowed to consult with our office before making a decision. I also couldn't remember if I told you about our meeting with the Sheriff's Office about the jail. Epstein is out at the stockade, not the jail. Goldberger and some psychiatrist have already met with him and have told him that, if he receives any less favorable treatment than others, Ken Stan• and the whole crew will sue. He also told me that Epstein was "brilliant" and that he has already offered to teach GED classes. I sort of cocked my head at the "brilliant" comment and said, you know he only has a high school diploma, right? used my best, "don't believe the hype" voice. He was clearly shocked, and I explained that Epstein usually claims to have at least a master's degree, but other than a few college courses, he had no education above a high school diploma, which I think makes him ineligible to teach a GED course.) He also told us that Epstein is eligible for work release and will be placed on work release — in direct contradiction to what he told the agents a few months ago. A. Marie Villafalla Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Tracking: 711 EFTA00194305 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Thursday, July 03, 2008 11:59 AM To: gaugerm@pbso.org Cc: Atkinson, Karen (USAFLS); Kuyrkendall, E N. (FBI); Richards, Jason R. (FBI) Subject: Epstein Agreement Dear Colonel Gauger: Thank you for taking the time to meet with us on Tuesday. As we discussed, I have attached the pertinent portion of Mr. Epstein's agreement with the U.S. Attorney's Office. Epstein Agrmt Portion.pdf I also wanted to call to your attention a couple of items regarding the issue of Work Release. During the change of plea, Mr. Epstein stated that he would be working at the Florida Science Foundation, located at 250 Australian Avenue, Suite 1400, that the Foundation had been in existence for a "couple of years," and that he had been working there "every day" prior to the plea. The Division of Corporations' documents show that the Florida Science Foundation was incorporated in November 2007, not a "couple of years ago." The address provided for the "office" of the Florida Science Foundation is Jack Goldberger's office suite, and neither the office building directory nor the office suite door reflects that such a business is located there, and neither the security guard nor any building tenant that FBI questioned knows of the existence of such a business. Mr. Epstein also could not have been working there "every day" when he hadn't been in Palm Beach County in the past six months. I would appreciate the opportunity to review the work release regulations. If Mr. Epstein truly is eligible for the program, we have no objection to him being treated like any other similarly situated prisoner, but sitting in his attorney's office suite making telephone calls, web-surfing, and having food delivered to him is probably not in accordance with the objectives of imprisonment. Obviously, the decision is left entirely within your discretion, but I wanted to make sure that you had a complete picture before you made that decision. Thank you again, and have a wonderful 4th of July. Marie A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 710 EFTA00194306 Villafana, Ann Marie C. (USAFLS) From: Ted Leopold [TLeopold@riccilaw.com] Sent: Thursday, July 03, 2008 4:25 PM To: Villafana, Ann Marie C. (USAFLS) Cc: Spencer Kuvin Subject: RE: Epstein Investigation Ann Marie Our two client names are: 1. Sage 2. Brandi Brinson if you need any other information please let me know. Ted Original Message From: Villafana, Ann Marie C. (USAFLS) [mailto:Ann.Marie.C.Villafana@usdoj.gov) Sent: Monday, June 30, 2008 5:00 PM To: Ted Leopold Subject: Epstein Investigation Dear Ted: Hcrc is my e-mail address and contact information. Thank you for your assistance. A. Marie Villafafia Assistant U.S. Attorney 500 S. Australian Ave, Suite. 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 709 EFTA00194307 Fax 561 820-8777 708 EFTA00194308 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Friday, July 04, 200811:25 AM To: Kuyrkendall, E N. (FBI); Richards, Jason R. (FBI) Subject: FW: Epstein Investigation Hi guys — Have we ever heard of B.B. (below)? A. Marie ViIlafaiia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Reach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Ted Leopold (mailto:TLeopold@rIcdlaw.com] Sent: Thursday, July 03, 2008 4:25 PM To: Villafana, Ann Marie C. (USAFLS) Cc: Spencer Kuvin Subject: RE: Epstein Investigation Ann Marie Our two client names are: 1. Sage 2. Brandi Brinson if you need any other information please let me know. Ted Original Message From: Villafana, Ann Marie C (USAFLS) [mallto:Ann.Marle.CVillafana@usdoj.gov] Sent: Monday, June 30, 2008 5:00 PM To: Ted Leopold Subject: Epstein Investigation Dear Ted: Here is my e-mail address and contact information. Thank you for your assistance. A. Marie Villafaha Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 707 EFTA00194309 706 EFTA00194310 From: Ted Leopold [mailto:TLeopold@riccilaw.com] Sent: Thursday, July 03, 2008 4:25 PM To: Villafana, Ann Marie C. (USAFLS) Cc: Spencer Kuvin Subject: RE: Epstein Investigation Ann Marie Our two client names are: 1. Sage 2. Brandi Brinson if you need any other information please let me know. Ted Original Message From: Villafana, Ann Marie C. (USAFLS) [mailto:Ann.Marie.C.Villafana@usdoj.gov] Sent: Monday, June 30, 2008 5:00 PM To: Ted Leopold Subject: Epstein Investigation Dear Ted: Here is my e-mail address and contact information. Thank you for your assistance. A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 705 EFTA00194311 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Friday, July 04, 2008 11:29 AM To: Richards, Jason R. (FBI) Subject: RE: Epstein Investigation Strange, huh? Did you get to go away? Have a great weekend. A. Marie Villafaha Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Original Message From: Richards, Jason R. (FBI) Sent: Friday, July 04, 2008 11:26 AM To: Villafana, Ann Marie C. (USAFLS) Subject: Re: Epstein Investigation No Original Message From: Villafana, Ann Marie C. (USAFLS) <Ann.Marie.C.Villafana@usdoj.gov> To: Kuyrkendall, E N.; Richards, Jason R. Sent: Fri Jul 04 11:24:41 2008 Subject: FW: Epstein Investigation Hi guys - Have we ever heard of B.B. (below)? A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 704 EFTA00194312 Dear Ted: Here is my e-mail address and contact information. Thank you for your assistance. A. Marie Villafaha Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 703 EFTA00194313 A. Marie Villafaha Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Ted Leopold [mailto:TLeopold@riccilaw.com] Sent: Thursday, July 03, 2008 4:25 PM To: Villafana, Ann Marie C. (USAFLS) Cc: Spencer Kuvin Subject: RE: Epstein Investigation Ann Marie Our two client names are: 1. Sage 2. Brandi Brinson if you need any other information please let me know. Ted Original Message From: Villafana, Ann Marie C. (USAFLS) [mailto:Ann.Marie.C.Villafana@usdoj.gov] Sent: Monday, June 30, 2008 5:00 PM To: Ted Leopold Subject: Epstein Investigation 702 EFTA00194314 Villafana, Ann Marie C. (USAFLS) From: Richards, Jason R. (FBI) Sent: Friday, July 04, 2008 11:39 AM To: Villafana, Ann Marie C. (USAFLS) Subject: Re: Epstein Investigation Yeah, I'm at Sanibel Island right now. Just finished watching the 4th parade. I do believe there was a Brandi LNU possibly in the message pads but she was never fully identified. There were only a couple of other names in the message pads that we didn't get Id'd , including Tamika and Vivian (girls I believe brought). I have a feeling we'll be hearing about many other victims since his conviction. Hope you have a Happy 4th of July! Original Message From: Villafana, Ann Marie C. (USAFLS) <Ann.Marie.C.Villafana@usdoj.gov> To: Richards, Jason R. Sent: Fri Jul 04 11:29:08 2008 Subject: RE: Epstein Investigation Strange, huh? Did you get to go away? Have a great weekend. A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Original Message From: Richards, Jason R. (FBI) Sent: Friday, July 04, 2008 11:26 AM To: Villafana, Ann Marie C. (USAFLS) Subject: Re: Epstein Investigation No Original Message From: Villafana, Ann Marie C. (USAFLS) <Ann.Marie.C.Villafana@usdoj.gov> To: Kuyrkendall, E N.; Richards, Jason R. Sent: Fri Jul 04 11:24:41 2008 Subject: FW: Epstein Investigation Hi guys - Have we ever heard of B.B. (below)? 701 EFTA00194315 1. Sage 2. Brandi Brinson if you need any other information please let me know. Ted Original Message From: Villafana, Ann Marie C. (USAFLS) [mailto:Ann.Marie.C.Villafana@usdoj.gov] Sent: Monday, June 30, 2008 5:00 PM To: Ted Leopold Subject: Epstein Investigation Dear Ted: Here is my e-mail address and contact information. Thank you for your assistance. A. Marie Villafaha Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 700 EFTA00194316 Villafana, Ann Marie C. (USAFLS) From: Kuyrkendall, E N. (FBI) Sent: Friday, July 04, 2008 2:21 PM To: Villafana, Ann Marie C. (USAFLS); ijason.richard2@ic.fbi.govt Subject: Re: Epstein Investigation He 4th. FYI, I do not know that name, but I did just recv a call from A. She does recall everything and said CW took her and she only went once. She said she was ashamed and uncomfortable. She is coming to FBI @ 930 Mon. We may want to met with BB as well. Original Message From: Villafana, Ann Marie C. (USAFLS) <Ann.Marie.C.Villafana@usdoj.gov> To: Kuyrkendall, E N.; Richards, Jason R. Sent: Fri Jul 04 11:24:41 2008 Subject: FW: Epstein Investigation Hi guys - Have we ever heard of B.B. (below)? A. Marie Villafaha Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Ted Leopold [mailto:TLeopold@riccilaw.com] Sent: Thursday, July 03, 2008 4:25 PM To: Villafana, Ann Marie C. (USAFLS) Cc: Spencer Kuvin Subject: RE: Epstein Investigation Ann Marie Our two client names are: 699 EFTA00194317 Recipient Acosta, Alex (USAFLS) Sloman. Jeff (USAFLS) Senior. Robed (USAFLS) Atkinson, Karen (USAFLS) Garcia, Rolando (USAFLS) Kirkpatrick, Lynn (USAFLS) Kyyrkendall, E N. (FBI) Richards, Jason R. (FBI) Road Read: 7/7/2008 9:37 AM Read: 7/7/2008 10:07 AM Read: 7/7/2008 9:35 AM Read: 7/7/2008 9:39 AM 696 EFTA00194318 Villafana, Ann Marie C. (USAFLS) From: Villatana, Ann Marie C. (USAFLS) Sent: Monday, July 07, 2008 9:32 AM To: Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS); Senior, Robert (USAFLS) Cc: Atkinson, Karen (USAFLS); Garcia, Rolando (USAFLS) Subject: July 7 2008 PB Post Editorial.pdf Hi Alex, Jeff, and Bob — Thought you might enjoy reading this editorial, which appeared in today's Palm Beach Post. Jack Goldberger is back in town today, so I am hoping that we will finalize the last piece of our agreement — the victim list and Notification. If I face resistance on that front, I will let you know. r July 7 2008 PB Post Edito A. Marie Villafeffla Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Tracking: 697 EFTA00194319 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Monday, July 07,2008 10:53 AM To: Jack Goldberger Cc: Kuyrkendall, E N. (FBI); Richards, Jason R. (FBI); Atkinson, Karen (USAFLS) Subject: Jeffrey Epstein Importance: High Dear Jack: Special Agent Kuyrkendall reminded me that I failed to include one of our identified victims. She is still a minor, and her initials are ■. Please let me know when you are available, and i will provide you with the revised list. I would like to receive the signed notification by tomorrow so that I can begin distributing them to the victims. Thank you. A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 696 EFTA00194320 Villafana, Ann Marie C. (USAFLS) From: Shawn Gilbert [sg@bradedwardslaw.corn] Sent: Monday, July 07, 2008 2:50 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Epstein, Jeffrey Attachments: Petition for Enforcement of Crime Victim's Rights Act.pdf Ms. Villafana: Attached is a courtesy copy of the Petition that was filed this afternoon in the United States District Court, Southern District of Florida, bearing case number 08-80736-CIV-MARRA/JOHNSON. I will also be sending you a copy via facsimile and United States mail, and will fax a date/stamped copy to you tomorrow. Mr. Edwards is out of the office the remainder of the day. However, if you have any questions, please feel free to contact me. Sincerely, Shawn A. Gilbert, Legal Assistant Law Office of Brad Edwards & Associates 2028 Street Suite 202 Hollywood, Florida 33020 Telephones: 954-414-8033(Broward) 305-935-201I(Miami-Dade) Facsimiles: 954-924-1530(Broward) 305-935-4227(Miami-Dade) e-mail: sn®bradedwardslaw.com PRIVILEGED AND CONFIDENTIAL: The information contained in this e-mail message is intended for the use of the individual or entity to which it is addressed and may contain information that is proprietary, privileged, confidential, and exempt from disclosure under applicable laws. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivery to the intended recipient, you are hereby notified that any use, printing, reproduction, disclosure or dissemination of this communication may be subject to legal restriction or sanction. 695 EFTA00194321 Recipient Read Sioman, Jeff (USAFLS) Read: 7f712008 3:24 PM Acosta, Alex (USAFLS) Read: 7/7/2008 3:35 PM Atkinson, Karen (USAFLS) Read: 7/7/2008 3:39 PM Garda, Rolando (USAFLS) Read: 7/7/2008 3:55 PM Kuyrkendall, E N. (FBI) Richards, Jason R. (FBI) 694 EFTA00194322 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Monday, July 07, 2008 3:21 PM To: Sloman, Jeff (USAFLS); Acosta, Alex (USAFLS); Atkinson, Karen (USAFLS) Cc: Garcia, Rolando (USAFLS); Kuyrkendall, E N. (FBI); Richards, Jason R. (FBI) Subject: Petition for Enforcement of Crime Victim's Rights Act.pdf re Epstein Importance: High Everyone - I am attaching a petition that apparently was just filed with the U.S. District Court by an attorney for 3 of the victims in the Epstein case. I have not finished reading it, but it relates to our failure to consult with the victims prior to entering into the Non-Prosecution Agreement with Epstein. Tis is going to be a very large problem for us and we should discuss how to handle it. My guess is that this lawyer will also be sending a copy to the press. Petition for iforcement of Cr Tracking: 693 EFTA00194323 Recipient Read Lee. Dexter (USAFLS) Read: 7/712008 3:56 PM Sioman, Jeff (USAFLS) Read: 7/712008 3:44 PM Acosta, Alex (USAFLS) Atkinson, Karen (USAFLS) Read: 7/7/2008 3:44 PM Kuyrkendall, 6 N. (FBI) Vera. E.J. (USAFLS) Richards, Jason R. (FBI) 692 EFTA00194324 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Monday, July 07, 2008 3:43 PM To: Lee, Dexter (USAFLS) Cc: Sloman, Jeff (USAFLS); Acosta, Alex (USAFLS); Atkinson, Karen (USAFLS) Subject: Suit against United States Hi Dexter —The following has just been filed with the U.S. District Court in West Palm Beach. It is a suit brought by a victim under the Crime Victim's Rights Act, 18 USC 3771, asking the Court to intervene to prevent us from moving forward with an agreement to close one of our investigations. I am named as the attorney on the case. Obviously I have not agreed to accept service, but I need advice on how to proceed. DE2_080707 CeDE1_080707_Pet of Emergency.p. ition.pdf A. Marie Villafaffa Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Tracking: 691 EFTA00194325 Recipient Read Jacobus, Wendy (USAFLS) Read: 7/7/2008 4:05 PM 690 EFTA00194326 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Monday, July 07, 2008 3:57 PM To: Jacobus, Wendy (USAFLS) Subject: FW: Suit against United States Ili Wendy — Should have send this to you, too (see below). Sony! A. Marie Villafafia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: VIllafana, Ann Marie C. (USAFLS) Sent: Monday, July 07, 2008 3:43 PM To: Lee, Dexter (USAFLS) Cc: Sloman, Jeff (USAFLS); Acosta, Alex (USAFLS); Atkinson, Karen (USAFLS) Subject: Suit against United States Hi Dexter —The following has just been filed with the U.S. District Court in West Palm Beach. It is a suit brought by a victim under the Crime Victim's Rights Act, 18 USC 3771, asking the Court to intervene to prevent us from moving forward with an agreement to close one of our investigations. I am named as the attorney on the case. Obviously I have not agreed to accept service, but I need advice on how to proceed. DE2_080707_CeDE1_080707_Pet of Emergency.p. ItIon.pdf A. Marie Yillafacia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Tracking: 689 EFTA00194327 Villafana, Ann Marie C. (USAFLS) From: Lee, Dexter (USAFLS) Sent: Monday, July 07, 2008 4:07 PM To: Villafana, Ann Marie C. (USAFLS) Cc: Sloman, Jeff (USAFLS); Acosta, Alex (USAFLS); Atkinson, Karen (USAFLS); Jacobus, Wendy (USAFLS) Subject: RE: Suit against United States Ann Marie, We will have this case assigned to a Civil AUSA. 18 U.S.C. 3771(d)(3) provides that a crime victim can file a petition for writ of mandamus In the district court where the crime occurred. Interestingly, 18 U.S.C. 3771(d)(6) provides that no cause of action for damages is created, and more importantly, "Nothing In this chapter shall be construed to impair the prosecutorial discretion of the Attorney General or any officer under his direction." I think the real issue is whether we owe the victim any duty under the statute which we have failed to perform, e.g. notify her of a public hearing, etc. I do not believe the statute allows the victim to interfere with the exercise of prosecutorial discretion by the Executive Branch. Dexter From: Villafana, Ann Marie C. (USAFLS) Sent: Monday, July 07, 2008 3:43 PM To: Lee, Dexter (USAFLS) Cc: Sloman, Jeff (USAFLS); Acosta, Alex (USAFLS); Atkinson, Karen (USAFLS) Subject: Suit against United States Hi Dexter —The following has just been filed with the U.S. District Court in West Palm Beach. It is a suit brought by a victim under the Crime Victim's Rights Act, 18 USC 3771, asking the Court to intervene to prevent us from moving forward with an agreement to close one of our investigations. I am named as the attorney on the case. Obviously I have not agreed to accept service, but I need advice on how to proceed. <<File: DE2_080707 Ccrt of Emergency.pdf >> <<File: DE1_080707_Petition.pdf>> A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 • 688 EFTA00194328 Recipient Read Lee, Dexter (USAFLS) Read: 7/7/2008 4:14 PM Stamen, Jot( (USAFLS) Read: 717)2008 4:19 PM Jacobus, Wendy (USAFLS) Read: 717)2008 4:17 PM 687 EFTA00194329 prevent us from moving forward with an agreement to close one of our investigations. I am named as the attorney on the case. Obviously I have not agreed to accept service, but I need advice on how to proceed. « File: DE2_080707_Cert of Emergency.pdf » « File: DE1_080707_Petition.pdf >> A. Marie Villafaila Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Tracking: 686 EFTA00194330 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Monday, July 07, 2008 4:14 PM To: Lee, Dexter (USAFLS) Cc: Sloman, Jeff (USAFLS); Jacobus, Wendy (USAFLS) Subject: RE: Suit against United States Ili Dexter — Thank you. Jeff and I discussed this and we reached the same conclusion. I am not quite sure how Judge Marra will treat this but I will wait to hear from the Civil All SA. Thanks. A. Made Villafafitz Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Lee, Dexter (USAFLS) Sent: Monday, July 07, 2008 4:07 PM To: Villafana, Ann Marie C. (USAFLS) Cc: Sloman, Jeff (USAFLS); Acosta, Alex (USAFLS); Atkinson, Karen (USAFLS); Jacobus, Wendy (USAFLS) Subject: RE: Suit against United States Ann Marie, We will have this case assigned to a Civil AUSA. 18 U.S.C. 3771(d)(3) provides that a crime victim can file a petition for writ of mandamus in the district court where the crime occurred. Interestingly, 18 U.S.C. 3771(d)(6) provides that no cause of action for damages is created, and more importantly, "(n)othing in this chapter shall be construed to impair the prosecutorial discretion of the Attorney General or any officer under his direction." I think the real issue is whether we owe the victim any duty under the statute which we have failed to perform, e.g. notify her of a public hearing, etc. I do not believe the statute allows the victim to interfere with the exercise of prosecutorial discretion by the Executive Branch. Dexter From: \defend, Ann Marie C. (USAFLS) Sent: Monday, July 07, 2008 3:43 PM To: Lee, Dexter (USAFLS) Cc: Sloman, Jeff (USAFLS); Acosta, Alex (USAFLS); Atkinson, Karen (USAFLS) Subject: Suit against United States Hi Dexter — The following has just been filed with the U.S. District Court in West Palm Beach. It is a suit brought by a victim under the Crime Victim's Rights Act, 18 USC 3771, asking the Court to intervene to 685 EFTA00194331 Recipient Road Lee. Dexter (USAFLS) Read: 7/7/2008 4:48 PM Jacobus, Wendy (USAFLS) Read: 7/7/2008 4:18 PM Stamen, Jeff (USAFLS) Read: 7/7/2008 4:19 PM Atkinson. Karen (USAFLS) Read: 7/72008 5:15 PM Kuyrkendall, E N. (F81) Richards, Jason R. (FBI) Vera. E.J. (USAFLS) EFTA00194332 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Monday, July 07, 2008 4:17 PM To: Lee, Dexter (USAFLS); Jacobus, Wendy (USAFLS); Sloman, Jeff (USAFLS) Cc: Atkinson, Karen (USAFLS) Subject: Order requiring response to Jane Doe Complaint Importance: High I spoke too soon. Here is how Judge Marra is reacting to this. Please let me know asap who is assigned or if I should draft the response. 0E3_080707_Or ler requiring res.. A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FI, 33401 Phone 561 209-1047 Fax 561 820-8777 Tracking: 683 EFTA00194333 Recipient Road Jacobus, Wendy (USAFLS) Read: 7/7/2008 5:43 PM 682 EFTA00194334 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Tracking: 681 EFTA00194335 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Monday, July 07, 2008 5:07 PM To: Jacobus, Wendy (USAFLS) Subject: RE: Order requiring response to Jane Doe Complaint Thank you, Wendy. Dexter and I have talked about it. I am lucky to have one of your best volunteer to defend mc! P.S. Hope all is well with you! A. Marie Viliafaha Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Jacobus, Wendy (USAFLS) Sent: Monday, July 07, 2008 5:04 PM To: Villafana, Ann Marie C. (USAFLS); Lee, Dexter (USAFLS); Sloman, Jeff (USAFLS) Cc: Atkinson, Karen (USAFLS) Subject: RE: Order requiring response to Jane Doe Complaint Ann Marie, Dexter has graciously agreed to defend this case and is aware of the filing deadline of this Wednesday at 5:00 pm. Thanks for letting us know about this so quicklyl Wendy From: Villafana, Ann Marie C. (USAFLS) Sent: Monday, July 07, 2008 4:17 PM To: Lee, Dexter (USAFLS); Jacobus, Wendy (USAFLS); Sloman, Jeff (USAFLS) Cc: Atkinson, Karen (USAFLS) Subject: Order requiring response to Jane Doe Complaint Importance: High I spoke too soon. Here is how Judge Marra is reacting to this. Please let me know asap who is assigned or if I should draft the response. << File: DE3_080707_Order requiring response.pdf >> A. Marie Viliafafla Assistant U.S. Attorney 680 EFTA00194336 Villafana, Ann Marie C. (USAFLS) From: Lee, Dexter (USAFLS) Sent: Monday, July 07, 2008 5:12 PM To: Villafana, Ann Marie C. (USAFLS) Subject: CVRA Lawsuit Ann Marie, Can you look through your files and set aside every piece of correspondence that was sent to either Jane Doe or her legal representative? Thanks. Dexter 679 EFTA00194337 Recipient Lee, Dexter (USAF LS) Read Read: 7/7/2008 5:49 PM 678 EFTA00194338 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Monday, July 07, 2008 5:14 PM To: Lee, Dexter (USAFLS) Subject: RE: CVRA Lawsuit Thanks, I am working on that already. A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Lee, Dexter (USAFLS) Sent: Monday, July 07, 2008 5:12 PM To: Villafana, Ann Marie C. (USAFLS) Subject: CVRA Lawsuit Ann Marie, Can you look through your files and set aside every piece of correspondence that was sent to either Jane Doe or her legal representative? Thanks. Dexter Tracking: 677 EFTA00194339 Dexter 676 EFTA00194340 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Monday, July 07, 2008 5:17 PM To: Kuyrkendall, E N. (FBI); Richards, Jason R. (FBI) Subject: FW: CVRA Lawsuit Hi guys - Can you get anything that Twiler sent to MI to Me And do you dates when you provided my original Victim's Rights letter to Did we ever give one to And do I remember correctly that we gave =her letter on the date of the interview? And, do you have that date handy? Thanks. A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Villafana, Ann Marie C. (USARS) Sent: Monday, July 07, 2008 5:14 PM To: Lee, Dexter (USAFLS) Subject: RE: CVRA Lawsuit Thanks, I am working on that already. A. Marie Villafaila Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Lee, Dexter (USAFLS) Sent: Monday, July 07, 2008 5:12 PM To: Villafana, Ann Made C. (USAFLS) Subject CVRA Lawsuit Ann Marie, Can you look through your files and set aside every piece of correspondence that was sent to either Jane Doe or her legal representative? Thanks. 675 EFTA00194341 Villafana, Ann Marie C. (USAFLS) From: Lee, Dexter (USAFLS) Sent: Monday, July 07, 2008 6:53 PM To: Villafana, Ann Marie C. (USAFLS) Subject: CVRA Suit Ann Marie, The Attorney General Guidelines for Victim and Witness Assistance (May 2005) provides that "responsible officials should make reasonable efforts to notify identified victims of, and consider victims' views about, prospective plea negotiations." Article IV, Services to Victims and Witnesses, p. 30. Has an agreement been signed with Epstein? Did we notify Jane Doe that an agreement was about to be negotiated, and the outlines of that proposed agreement? Thanks. Dexter 674 EFTA00194342 Villafana, Ann Marie C. (USAFLS) From: Sent: To: Cc: Subject: Villafana, Ann Marie C. (USAFLS) Monday, July 07, 2008 7:23 PM Lee, Dexter (USAFLS) Sloman, Jeff (USAFLS) Re: CVRA Suit Hi dexter. Yes an agreement has been signed and has already been partially performed. The agreement is confidential and has been filed under seal in the state court proceedings. He could be filing his motion on behalf of 3 different jane fully identified until after the agreement was signed. T.M. notification resulted in claims of prosecutorial misconduct I am checking to see if the third, C.W., was notified prior agreement. Original Message From: Lee, Dexter (USAFLS) To: Villafana, Ann Marie C. (USAFLS) Sent: Mon Jul 07 18:52:42 2008 Subject: CVRA Suit Ann Marie, does. S.R. Was not was notified and her by Epstein's lawyers. to the signing of the The Attorney General Guidelines for Victim and Witness Assistance (May 2005) provides that "responsible officials should make reasonable efforts to notify identified victims of, and consider victims' views about, prospective plea negotiations." Article IV, Services to Victims and Witnesses, p. 30. Has an agreement been signed with Epstein? Did we notify Jane Doe that an agreement was about to be negotiated, and the outlines of that proposed agreement? Thanks. Dexter 673 EFTA00194343 To: Villafana, Ann Marie C. (USAFLS) Subject: CVRA Lawsuit Ann Marie, Can you look through your files and set aside every piece of correspondence that was sent to either Jane Doe or her legal representative? Thanks. Dexter 672 EFTA00194344 Villafana, Ann Marie C. (USAFLS) From: Kuyrkendall, E N. (FBI) Sent: Monday, July 07, 2008 7:57 PM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: CVRA Lawsuit Marie, Twiler is out all week at a conference In OK. We hopefully will be able to provide you with more details next week. TM was interviewed 04/27/2007. We are unsure if a letter was provided at that time. Twiler sent TM's Attorney the FBI Victim/Witness letter dated Jan 10, 2008. CW also received the FBI Victim/Witness letter from Twiler dated Jan 10, 2008. Jason and I are unable to recall exactly how CW was provided the USAO Victim/Witness letter. SR was interviewed by the FBI on May 28, 2008. Twiler mailed SR the FBI Victim/Witness letter dated May 30, 2008. Nesbitt and Jason From: Villafana, Ann Marie C. (USAFLS) [Ann.Marle.C.Villafana@usdoj.gov] Sent: Monday, July 07, 2008 5:17 PM To: Kuyrkendall, E N.; Richards, Jason R. Subject: FW: CVRA Lawsuit Ili guys — Can you get anything that Twiler sent toll., d/or ? And do yot e dates when you provided my original Victim's Rights letter to ? Did we ever give one to And do I remember correctly that we gave her letter on the date of the interview? And, do you have that date handy? Thanks. A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Villafana, Ann Marie C. (USAFLS) Sent: Monday, July 07, 2008 5:14 PM To: Lee, Dexter (USAFLS) Subject: RE: CVRA Lawsuit Thanks, 1 am working on that already. A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL, 33401 Phone 561 209-1047 Fax 561 820-8777 From: Lee, Dexter (USAFLS) Sent: Monday, July 07, 2008 5:12 PM 671 EFTA00194345 Recipient Lee, Dexter (LISAFLS) Read Read: 7/812008 10:21 MA 670 EFTA00194346 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Tuesday, July 08, 2008 10:17 AM To: Lee, Dexter (USAFLS) Subject: Emailing: Villafana Declaration re victim notification.wpd Attachments: Villafana Declaration re victim notification.wpd Hi Dexter -- I am still working on it, but thought this would help with background. When I finish, I will send to you, Jeff, and Alex. Thanks. The message is ready to be sent with the following file or link attachments: Villafana Declaration re victim notification.wpd Note: To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. Tracking: 669 EFTA00194347 Recipient Read Acosta, Alex (USAFLS) Read: 718/2008 12:21 PM Sloman, Jeff (USAFLS) Read: 7/8/2008 10:58 AM Lee. Dexter (USAFLS) Read: 7/8/2008 10:58 NA Atkinson. Karen (USAFLS) Read: 7/8/2008 11:22 AM 668 EFTA00194348 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Tuesday, July 08, 2008 10:54 AM To: Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS); Lee, Dexter (USAFLS) Cc: Atkinson, Karen (USAFLS) Subject: Brad Edwards Letter.pdf Everyone — Here is a letter that 1 received from Mr. Edwards yesterday afternoon. It was sent via registered mail. Thank you. Brad Edwards Letter.pdf A. Marie Villafaila Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Tracking: 667 EFTA00194349 Recipient Acosta, Alex (USAFLS) Sloman, Jeff (USAFLS) Lee, Dexter (USAFLS) Read Read: 7/8/2008 12:22 PM Read: 7/8/2008 11:01 AM 666 EFTA00194350 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Tuesday, July 08, 200810:57 AM To: Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS); Lee, Dexter (USAFLS) Subject: Victim Notification in Epstein Alex and Jeff— Jack Goldberger still has not contacted me regarding the Victim Notification list. Today, I would like to provide him with a written notification of failure to perform. Should I inform him of Mr. Edwards' complaint? Do we have any duty to notify them of the potential need to disclose the deferred prosecution agreement in response to that complaint? Thank you. A. Marie Villafaila Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Tracking: 665 EFTA00194351 Villafana, Ann Marie C. (USAFLS) From: Lee, Dexter (USAFLS) Sent: Tuesday, July 08, 2008 12:09 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Factors in Not Disclosing Plea Agreement Terms Marie, The Attorney General's Guidelines lists several factors in determining whether to notify a victim of a proposed plea agreement: (3) Proposed Plea Agreements. Responsible officials should make reasonable efforts to notify identified victims of, and consider victims' views about, prospective plea negotiations. In determining what is reasonable, the responsible official should consider factors relevant to the wisdom and practicality of giving notice and considering views in the context of the particular case, including, but not limited to, the following factors: (a) The impact on public safety and risks to personal safety. (b) The number of victims. (c) Whether time is of the essence in negotiating or entering a proposed plea. (d) Whether the proposed plea involves confidential information or conditions. (e) Whether there is another need for confidentiality. (f) Whether the victim is a possible witness in the case and the effect that relaying any information may have on the defendant's right to a fair trial. When we spoke this morning, you told me that the initial agreement with Epstein was reached in September 2007. An addendum was negotiated in October 2007. Finally, an additional portion of the agreement was signed in December 2007. Did we consider these, or any other factors, in deciding not to advise the victims of the plea negotiations, which appeared to have commenced in mid-2007? Thanks. Dexter 664 EFTA00194352 Recipient Lee, Dexter (USAFLS) Read Read: 7/8/2008 12:17 PM 663 EFTA00194353 From: Sloman, Jeff (USAFLS) Sent: Thursday, September 06, 2007 5:35 PM To: VIParana, Ann Marie C. (USAFLS) Subject: Epstein Please refresh my recollection. What is the "deal" on the table? Tracking: 662 EFTA00194354 Villafana, Ann Marie C. (USAFLS) From: Villatana, Ann Marie C. (USAFLS) Sent: Tuesday, July 08, 2008 12:15 PM To: Lee, Dexter (USAFLS) Subject: FW: Epstein Dexter — Please see below. A. Marie ViIlafaiia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Vlllafana, Mn Marie C. (USAFLS) Sent: Thursday, September 06, 2007 5:47 PM To: Sloman, Jeff (USAFLS) Subject: RE: Epstein Ili Jeff— Funny you should ask. I have been wondering the same thing. Here is the term sheet and guidelines calculation that we provided at the last meeting. You and Matt and I had also discussed a possible federal plea to an Information charging a 371 conspiracy, with a Rule 11 plea with a two-year cap, but I think Matt must have asked Alex about it and it was nixed. Just to be prepared for tomorrow, I was just starting to draft a Rule II plea agreement in case Alex changes his mind and a formal non-prosecution agreement containing the state plea terms. As soon as those are ready, I will e￾mail them to you. Genf Plea gotiations final.% There are three concerns that I hope we can address tomorrow. First, that there is an absolute drop-dead date for accepting or rejecting because it is strategically important that we indict before the end of September, which means presenting the indictment on September 256. Second, the agents and I have not reached out to the victims to get their approval, which as Drew politely reminded me, is required under the law. And third, I do not want to make any promises about allowing Epstein to self-surrender because I still believe that we have a good chance of getting him detained. On another note, Junior got a call today from the Palm Beach Police Chief because he got information that there will be an article released tomorrow about our meeting and that Epstein is going to plead to a state charge and the Chief wanted to know if the victims had been consulted about the deal. There has been some coverage in the New York press about Ken Starr, but I haven't seen anything local yet. A. Marie Villafaiia Assistant U.S. Attorney 561 209-1047 661 EFTA00194355 Recipient Lee, Dexter (USAFLS) Read Reed: 7/8/2008 12:20 PM 660 EFTA00194356 Did we consider these, or any other factors, in deciding not to advise the victims of the plea negotiations, which appeared to have commenced in mid-2007? Thanks. Dexter Tracking: 659 EFTA00194357 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Tuesday, July 08, 2008 12:17 PM To: Lee, Dexter (USAFLS) Subject: RE: Factors in Not Disclosing Plea Agreement Terms Hi Dexter — I will forward to you an e-mail that I sent to Jeff and Alex about victim notification during the negotiations. The terms of the agreement were proposed by Matt Menchel, and I worked on drafting an agreement in accordance with those terms. think the Office's position is that the number of victims, timing, and the confidentiality provisions included in the agreement made victim notification impossible. I would add that, after seeing how the defense twisted the disclosure of the terms to the first few victims, premature notification of them would have compromised their trial testimony. A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Lee, Dexter (USAFLS) Sent: Tuesday, July 08, 2008 12:09 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Factors in Not Disclosing Plea Agreement Terms Marie, The Attorney General's Guidelines lists several factors in determining whether to notify a victim of a proposed plea agreement: (3) Proposed Plea Agreements. Responsible officials should make reasonable efforts to notify identified victims of, and consider victims' views about, prospective plea negotiations. In determining what is reasonable, the responsible official should consider factors relevant to the wisdom and practicality of giving notice and considering views in the context of the particular case, including, but not limited to, the following factors: (a) The impact on public safety and risks to personal safety. (b) The number of victims. (c) Whether time is of the essence in negotiating or entering a proposed plea. (d) Whether the proposed plea involves confidential information or conditions. (e) Whether there is another need for confidentiality. (f) Whether the victim is a possible witness in the case and the effect that relaying any information may have on the defendant's right to a fair trial. When we spoke this morning, you told me that the initial agreement with Epstein was reached in September 2007. An addendum was negotiated in October 2007. Finally, an additional portion of the agreement was signed in December 2007. 658 EFTA00194358 Recipient S$oman, Jeff (USAFLS) Acosta, Alex (USAFLS) Atkinson, Karen (USAFLS) Read Read: 71812008 12:28 PM Read: 7187200812:35 PM 657 EFTA00194359 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Tuesday, July 08, 2008 12:24 PM To: Sloman, Jeff (USAFLS); Acosta, Alex (USAFLS) Cc: Atkinson, Karen (USAFLS) Subject: Emailing: 080708 Goldberger lir re notification.wpd Attachments: 080708 Goldberger ltr re notification.wpd Jeff, Alex, and Karen: I have attached my proposed notification letter to Jack Goldberger. Thank you. The message is ready to be sent with the following file or link attachments: 080708 Goldberger ltr re notification.wpd Note: To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. Tracking: 656 EFTA00194360 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Tuesday, July 08, 2008 12:51 PM To: Kuyrkendall, E N. (FBI); Richards, Jason R. (FBI) Subject: JE Iii guys - Sony I sound so rushed, but I am trying to deal with too many things at once. Here is a letter I drafted to go to Goldberger today. I am waiting for approval from the 8th Floor to send it. 080708 iberger ltr re not Can you fax to me Twiler's letters to Thank you. A. Marie Villafalfa Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 and Mt I need to attach them to my declaration. 655 EFTA00194361 Villafana, Ann Marie C. (USAFLS) From: Richards, Jason R. (FBI) Sent: Tuesday, July 08, 2008 1:05 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Re: JE Vic/Wit letters coming to you right now. Original Message From: Villafana, Ann Marie C. (USAFLS) <Ann.Marie.C.Villafana@usdoj.gov> To: Kuyrkendall, E N.; Richards, Jason R. Sent: Tue Jul 08 12:51:15 2008 Subject: JE Hi guys - Sorry I sound so rushed, but I am trying to deal with too many things at once. Here is a letter I drafted to go to Goldberger today. I am waiting for approval from the 8th Floor to send it. «080708 Goldberger ltr re notification.wpd» Can you fax to me Twiler's letters to , and St I need to attach them to my declaration. Thank you. A. Marie Villafaha Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 654 EFTA00194362 Recipient Read 'Jack Goldberger Atkinson, Karen (USAFLS) Read: 7/8/2008 2:13 PM Kurkendall, E N. (FBI) Richards. Jason R. (FBI) Sloman, Jeff (USAFLS) Read: 7/8/2008 2:08 PM Lee, Dexter (USAFLS) Read: 7/8/2008 2:07 PM 653 EFTA00194363 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Tuesday, July 08, 2008 2:06 PM To: 'Jack Goldberger' Cc: Atkinson, Karen (USAFLS) Subject: Victim Notification in Epstein Dear Mr. Goldberger: Please review the attached letter. 080708 iberger lir re Vic A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Tracking: 652 EFTA00194364 Ms. Herd. Attached please find the emergency petition filed yesterday afternoon, and a draft declaration from the AUSA. Our response is due on Wednesday, July 9, 2008, at close of business. Thanks for your assistance. Dexter lee (305) 961-9320 Villafana DE1_080707_Pet xlaration re victi ition.pdf 651 EFTA00194365 Villafana, Ann Marie C. (USAFLS) From: Lee, Dexter (USAFLS) Sent: Tuesday, July 08, 2008 4:29 PM To: Villafana, Ann Marie C. (USAFLS) Subject: FW: Epstein CVRA Case Marie, Can you scan the letters and send them to me by e-mail? Thanks. Dexter From: Neal, Kristina (USAEO) Sent: Tuesday, July 08, 2008 4:02 PM To: Lee, Dexter (USAFLS) Cc: Herd, Kim (USAEO) Subject: FW: Epstein CVRA Case Good Afternoon. Kim and I are taking a look at the petition and affidavit that you sent and were wondering if it would be possible for you to send us a copy of the letters that were sent to the victims in this case. The AUSA refers to attached copies in her affidavit at #3. We are working on this and will respond to you ASAP. Thanks. Kris Neal Kristina Neal Attorney Advisor LECC/Vietim Witness Staff EOUSA (202) 305 2538 From: Lee, Dexter (USAFLS) Sent: Tuesday, July 08, 2008 1:37 PM To: Herd, Kim (USAEO) Subject: Epstein CVRA Case 650 EFTA00194366 Recipient Lee. Dozier (USAFLS) Read Read: 7M/2008 5:00 PM 649 EFTA00194367 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Tuesday, July 08, 2008 4:40 PM To: Lee, Dexter (USAFLS) Subject: FW: Victim Letters001.pdf Ili Dexter — I am finishing up the Declaration now. The letters are attached below. A. Marie Villain& Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Ball, Shawn (USAFLS) Sent: Tuesday, July 08, 2008 4:38 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Victim Letters001.pdf Victim Letters001.pdf Tracking: 648 EFTA00194368 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Made C. (USAFLS) Sent: Tuesday, July 08, 2008 4:58 PM To: Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS); Lee, Dexter (USAFLS) Cc: Kuyrkendall, E N. (FBI); Richards, Jason R. (FBI); Atkinson, Karen (USAFLS) Subject: Letter received from Epstein's counsel Hi all — I received one line from Jack Goldberger, which reads: "lam out of the office today. I will response (sic) to your fax of July 8, 2008 by return of fax tomorrow." 647 EFTA00194369 Recipient Read Sioman, Jell (USAFLS) Read: 7/8/2008 5:28 PM Lee. Dexter (USAFLS) Read: 7/812008 5:30 PM Kuyrkendall, E N. (FBI) Richards, Jason R. (FBI) Atkinson, Karen (USAFLS) Read: 7/9/2008 9:19 AM 646 EFTA00194370 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Tuesday, July 08, 2008 5:24 PM To: Sloman, Jeff (USAFLS); Lee, Dexter (USAFLS) Cc: Kuyrkendall, E N. (FBI); Richards, Jason R. (FBI); Atkinson, Karen (USAFLS) Subject: Emailing: Villafana Declaration re victim notification.wpd Attachments: Villafana Declaration re victim notification.wpd I haven't proofed it yet, and Nesbitt and Jason need to double-check me on the facts, but I wanted to get it to you as soon as I could in case the Office wants to do major revisions. The air conditioning in my office is broken, so I am going to head home. I will have access to e-mail and the document at home, if we want to make changes tonight. Otherwise I will be back early tomorrow. If you do want to make changes, please just call me on my cell, 561 601-2301, and then I can sign on to the computer at home. Thanks. The message is ready to be sent with the following file or link attachments: Villafana Declaration re victim notification.wpd Note: To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. Tracking: 645 EFTA00194371 Villafana, Ann Marie C. (USAFLS) From: Lee, Dexter (USAFLS) Sent: Tuesday, July 08, 2008 5:29 PM To: Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS) Cc: Villafana, Ann Marie C. (USAFLS); Jacobus, Wendy (USAFLS) Subject: Draft Response in Jane Doe Alex and Jeff, Here is a draft response to the emergency petition filed by Jane Doe in the Epstein case. Our first argument is that Doe had no rights under 18 U.S.C. 3177(a)(5) since that provision does not apply where there are no "court proceedings" in federal court, and none were contemplated, as long as Epstein complied with the non-prosecution agreement. The second argument is that the government used its best efforts to comply, since the A/G guidelines permitted us to not notify victims of the proposed plea negotiations if the proposed plea involved confidential information or conditions, or there is another need for confidentiality. Article IV, Section B(2)(C)(3). The government exercised its discretion and determined that keeping the terms confidential was necessary in order to obtain the best agreement. In particular, the government wanted Epstein to make a significant concession on one of the elements in 18 U.S.C. 2255. I am speaking with Kim Herd at EOUSA regarding the government's position. In particular, the first argument will have to be cleared by DOJ before I can assert it. Please feel free to make any comments. Thanks. Dexter victim_resp.wpd EFTA00194372 Redolent Acosta, Alex (USAFLS) Lee, Dexter (USAFLS) Read Read: 7/8/2008 5:37 PM 643 EFTA00194373 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Tuesday, July 08, 2008 5:37 PM To: Acosta, Alex (USAFLS); Lee, Dexter (USAFLS) Subject: Victim Notification Hi Alex and Dexter —Here is the proposed notification that was provided to Epstein's counsel last week. Victim lineation and Nc Assuming that they don't sign it tomorrow, I would remove the bottom portion that calls for Epstein's signature and incorporate some instructional language along with notice that Jack Goldberger is the contact person for any civil litigation. A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Tracking: 692 EFTA00194374 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Tuesday, July 08, 2008 5:43 PM To: Lee, Dexter (USAFLS); Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS) Subject: FW: Epstein: Victim Notification Letter Alex, Dexter, and Jeff — in my draft declaration I reference the original victim notification letter that was objected to by the defense. Here it is as it was sent to Jay Lefkowitz on November 28, 2007. Thanks. From: Villafana, Ann Marie C. (USAFLS) Sent: Wednesday, November 28, 2007 4:47 PM To: Jay Lefkowitz Cc: Sloman, Jeff (USAFLS); Acosta, Alex (USAFLS) Subject: Epstein: Victim Notification Letter Dear Jay: Jeff asked that I forward the victim notification letter to you. It is attached. Thank you. Victim lotification Ltr.pd A. Marie Vil!aloha Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 641 EFTA00194375 Villafana, Ann Marie C. (USAFLS) From: Acosta, Alex (USAFLS) Sent: Tuesday, July 08, 2008 6:17 PM To: Lee, Dexter (USAFLS); Sloman, Jeff (USAFLS) Cc: Villafana, Ann Marie C. (USAFLS); Jacobus, Wendy (USAFLS) Subject: RE: Draft Response in Jane Doe Here is a second draft, with small rewrites I reduced the discussion of negotiations. The agreement has a confidentiality clause. I note this, because if we disclose too much, then we will be sued by the other side for breach of that clause. In other words, we need to disclose and discuss without going too far — unless ordered to do so by the court. victim_resp.wpd From: Lee, Dexter (USAFLS) Sent: Tuesday, July 08, 2008 5:29 PM To: Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS) Cc: Villafana, Ann Marie C. (USAFLS); Jacobus, Wendy (USAFLS) Subject: Draft Response in Jane Doe Alex and Jeff, Here is a draft response to the emergency petition filed by Jane Doe in the Epstein case. Our first argument is that Doe had no rights under 18 U.S.C. 3177(a)(5) since that provision does not apply where there are no "court proceedings' in federal court, and none were contemplated, as long as Epstein complied with the non-prosecution agreement. The second argument is that the government used its best efforts to comply, since the A/G guidelines permitted us to not notify victims of the proposed plea negotiations if the proposed plea involved confidential information or conditions, or there is another need for confidentiality. Article IV, Section B(2)(C)(3). The government exercised Its discretion and determined that keeping the terms confidential was necessary in order to obtain the best agreement. In particular, the government wanted Epstein to make a significant concession on one of the elements in 18 U.S.C. 2255. I am speaking with Kim Herd at EOUSA regarding the government's position. In particular, the first argument will have to be cleared by DOJ before I can assert it. Please feel free to make any comments. Thanks. Dexter « File: victim_resp.wpd » 640 EFTA00194376 Villafana, Ann Marie C. (USAFLS) From: Lee, Dexter (USAFLS) Sent: Tuesday, July 08, 2008 7:42 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Revised Declaration & Response Marie, Alex has reviewed my draft response and your final declaration. He wanted to leave out specific details regarding the plea negotiations, since plea discussions are normally held in confidence. Also, he wanted to leave out Epstein's attorneys' undue haste in hurling accusations of misconduct at the prosecution, since that does not address the claims presented by petitioner. I have revised the response and your declaration accordingly. Please review both to ensure they are accurate. Thanks. Dexter victim_resp_USA Villafana rev.wpd ieclaration-v2.wp 639 EFTA00194377 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Tuesday, July 08, 2008 8:04 PM To: Lee, Dexter (USAFLS); Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS) Subject: Re: Revised Declaration & Response Hi Dexter and Alex. Changes look good. I have to correct one paragraph tomorrow morning and it should be good to go as soon as we send out the notifications. Thank you. Original Message From: Lee, Dexter (USAFLS) To: Villafana, Ann Marie C. (USAFLS) Sent: Tue Jul 08 19:41:56 2008 Subject: Revised Declaration & Response Marie, Alex has reviewed my draft response and your final declaration. He wanted to leave out specific details regarding the plea negotiations, since plea discussions are normally held in confidence. Also, he wanted to leave out Epstein's attorneys' undue haste in hurling accusations of misconduct at the prosecution, since that does not address the claims presented by petitioner. I have revised the response and your declaration accordingly. both to ensure they are accurate. Thanks. Dexter «victim_resp_USArev.wpd» «Villafana Declaration-v2.wpd» Please review 638 EFTA00194378 Recipient Read Lee. Dexter (USAFLS) Read: 7/9/2008 9:18 AM Acosta. Alex (USAFLS) Read: 7/9/2008 9:33 AM Atkinson. Karen (USAFLS) Read: 7/9/2008 9:20 AM Stomas). Jeff (USAFLS) Read: 7/9/2008 9:13 AM Kuyrkendall. E N. (FBI) Richards. Jason R. (FBI) 637 EFTA00194379 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Wednesday, July 09, 2008 9:11 AM To: Lee, Dexter (USAFLS); Acosta, Alex (USAFLS) Cc: Atkinson, Karen (USAFLS); Sloman, Jeff (USAFLS) Subject: Emailing: victim_resp_USArev corrected.wpd Attachments: victim_resp_USArev corrected.wpd Dexter and Alex -- I fixed a couple of typos and entered the correct information about the dates when the letters were sent. I also included the information about all three of Edwards' clients, T.M., C.W., and S.R. At the end, I also corrected the information regarding the notifications of the victims about the change of plea. I called Edwards on Friday, but I'm not sure whether we spoke that day or if he called me over the weekend. And the agents and I didn't start making calls together until Monday after the hearing. So I notified Edwards to inform his three clients, and PBPD tried to notify six victims, I think. I didn't want the court to think that we tried to notify all 33 girls. I will make similar changes to my declaration and send that to you shortly. Also, I notice there is no signature block. Do you want me to sign and file? Or will you do that, Dexter? Thanks. The message is ready to be sent with the following file or link attachments: victim_resp_USArev corrected.wpd Note: To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. Tracking: 636 EFTA00194380 The message is ready to be sent with the following file or link attachments: victim_resp_USArev corrected.wpd Note: To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. 635 EFTA00194381 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Wednesday, July 09, 2008 9:19 AM To: Richards, Jason R. (FBI) Subject: RE: Emailing: victim_resp_USArev corrected.wpd Thank you. A. Marie Villafaha Assistant U.S. Attorney 561 209-1047 Original Message From: Richards, Jason R. (FBI) Sent: Wednesday, July 09, 2008 9:14 AM To: Villafana, Ann Marie C. (USAFLS) Subject: Re: Emailing: victim_resp_USArev corrected.wpd Hi Marie, We interviewed TM on 4/24/2007. Original Message From: Villafana, Ann Marie C. (USAFLS) <Ann.Marie.C.Villafana@usdoj.gov> To: Lee, Dexter (USAFLS); Acosta, Alex (USAFLS) Cc: Atkinson, Karen (USAFLS); Sloman, Jeff (USAFLS) Sent: Wed Jul 09 09:10:39 2008 Subject: Emailing: victim_resp_USArev corrected.wpd «victim_resp_USArev corrected.wpd» Dexter and Alex I fixed a couple of typos and entered the correct information about the dates when the letters were sent. I also included the information about all three of Edwards' clients, T.M., C.W., and S.R. At the end, I also corrected the information regarding the notifications of the victims about the change of plea. I called Edwards on Friday, but I'm not sure whether we spoke that day or if he called me over the weekend. And the agents and I didn't start making calls together until Monday after the hearing. So I notified Edwards to inform his three clients, and PBPD tried to notify six victims, I think. I didn't want the court to think that we tried to notify all 33 girls. I will make similar changes to my declaration and send that to you shortly. Also, I notice there is no signature block. Do you want me to sign and file? Or will you do that, Dexter? Thanks. 634 EFTA00194382 Villafana, Ann Marie C. (USAFLS) From: Lee, Dexter (USAFLS) Sent: Wednesday, July 09,2008 9:22 AM To: Villafana, Ann Marie C. (USAFLS); Acosta, Alex (USAFLS) Cc: Atkinson, Karen (USAFLS); Sloman, Jeff (USAFLS); Jacobus, Wendy (USAFLS) Subject: RE: Emailing: victim_resp_USArev corrected.wpd Marie, I will sign the response. Since this case involves girls who were minors when the crimes were committed, and there is a confidentiality provision in the deferral of prosecution agreement with Epstein, I believe this should be filed under seal. Otherwise, we'll have to go through each letter and excise the names, addresses, and other identifying information on the three girls. Dexter Original Message From: Villafana, Ann Marie C. (USAFLS) Sent: Wednesday, July 09, 2008 9:11 AM To: Lee, Dexter (USAFLS); Acosta, Alex (USAFLS) Cc: Atkinson, Karen (USAFLS); Sloman, Jeff (USAFLS) Subject: Emailing: victim_resp_USArev corrected.wpd Dexter and Alex -- I fixed a couple of typos and entered the correct information about the dates when the letters were sent. I also included the information about all three of Edwards' clients, T.M., C.W., and S.R. At the end, I also corrected the information regarding the notifications of the victims about the change of plea. I called Edwards on Friday, but I'm not sure whether we spoke that day or if he called me over the weekend. And the agents and I didn't start making calls together until Monday after the hearing. So I notified Edwards to inform his three clients, and PBPD tried to notify six victims, I think. I didn't want the court to think that we tried to notify all 33 girls. I will make similar changes to my declaration and send that to you shortly. Also, I notice there is no signature block. Do you want me to sign and file? Or will you do that, Dexter? Thanks. The message is ready to be sent with the following file or link attachments: victim_resp_USArev corrected.wpd Note: To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. 633 EFTA00194383 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Wednesday, July 09, 2008 9:22 AM To: Acosta, Alex (USAFLS); Lee, Dexter (USAFLS) Cc: Atkinson, Karen (USAFLS); Sloman, Jeff (USAFLS) Subject: Emaiting: Villafana Declaration-v2 final.wpd Attachments: Villafana Declaration-v2 final.wpd Attached is the revised declaration. Please let me know if any other changes are required. I am off to Court but should be back by 11:30. Thank you. The message is ready to be sent with the following file or link attachments: Villafana Declaration-v2 final.wpd Note: To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. 632 EFTA00194384 Recipient Read Lee, Dexter (USAFLS) Read: 7/9/2008 9:30 AM Acosta, Alex (USAFLS) Atkinson, Karen (USAFLS) Read: 7/912008 9:30 AM Sloman, Jeff (USAFLS) Read: 7/9/2008 9:25 AM Jacobus, Wendy (USAFLS) Read: 7/9120089:53 AM 631 EFTA00194385 victims, I think. I didn't want the court to think that we tried to notify all 33 girls. I will make similar changes to my declaration and send that to you shortly. Also, I notice there is no signature block. Do you want me to sign and file? Or will you do that, Dexter? Thanks. The message is ready to be sent with the following file or link attachments: victim_resp_USArev corrected.wpd Note: To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. Tracking: 630 EFTA00194386 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Wednesday, July 09, 2008 9:23 AM To: Lee, Dexter (USAFLS); Acosta, Alex (USAFLS) Cc: Atkinson, Karen (USAFLS); Sloman, Jeff (USAFLS); Jacobus, Wendy (USAFLS) Subject: RE: Emailing: victim_resp_USArev corrected.wpd I was planning to redact all of that information prior to scanning it and attaching Exhibit Stickers. I think we should do so even if this is filed under seal. A. Marie Villafaha Assistant U.S. Attorney 561 209-1047 Original Message From: Lee, Dexter (USAFLS) Sent: Wednesday, July 09, 2008 9:22 AM To: Villafana, Ann Marie C. (USAFLS); Acosta, Alex (USAFLS) Cc: Atkinson, Karen (USAFLS); Sloman, Jeff (USAFLS); Jacobus, Wendy (USAFLS) Subject: RE: Emailing: victim_resp_USArev corrected.wpd Marie, I will sign the response. Since this case involves girls who were minors when the crimes were committed, and there is a confidentiality provision in the deferral of prosecution agreement with Epstein, I believe this should be filed under seal. Otherwise, we'll have to go through each letter and excise the names, addresses, and other identifying information on the three girls. Dexter Original Message From: Villafana, Ann Marie C. (USAFLS) Sent: Wednesday, July 09, 2008 9:11 AM To: Lee, Dexter (USAFLS); Acosta, Alex (USAFLS) Cc: Atkinson, Karen (USAFLS); Sloman, Jeff (USAFLS) Subject: Emailing: victim_resp_USArev corrected.wpd Dexter and Alex -- I fixed a couple of typos and entered the correct information about the dates when the letters were sent. I also included the information about all three of Edwards' clients, T.M., C.W., and S.R. At the end, I also corrected the information regarding the notifications of the victims about the change of plea. I called Edwards on Friday, but I'm not sure whether we spoke that day or if he called me over the weekend. And the agents and I didn't start making calls together until Monday after the hearing. So I notified Edwards to inform his three clients, and PBPD tried to notify six 629 EFTA00194387 Cc: Atkinson, Karen (USAFLS); Sloman, Jeff (USAFLS); Jacobus, Wendy (USAFLS) Subject: RE: Emailing: victim_resp_USArev corrected.wpd Marie, I will sign the response. Since this case involves girls who were minors when the crimes were committed, and there is a confidentiality provision in the deferral of prosecution agreement with Epstein, I believe this should be filed under seal. Otherwise, we'll have to go through each letter and excise the names, addresses, and other identifying information on the three girls. Dexter Original Message From: Villafana, Ann Marie C. (USAFLS) Sent: Wednesday, July 09, 2008 9:11 AM To: Lee, Dexter (USAFLS); Acosta, Alex (USAFLS) Cc: Atkinson, Karen (USAFLS); Sloman, Jeff (USAFLS) Subject: Emailing: victim_resp_USArev corrected.wpd Dexter and Alex -- I fixed a couple of typos and entered the correct information about the dates when the letters were sent. I also included the information about all three of Edwards' clients, T.M., C.W., and S.R. At the end, I also corrected the information regarding the notifications of the victims about the change of plea. I called Edwards on Friday, but I'm not sure whether we spoke that day or if he called me over the weekend. And the agents and I didn't start making calls together until Monday after the hearing. So I notified Edwards to inform his three clients, and PBPD tried to notify six victims, I think. I didn't want the court to think that we tried to notify all 33 girls. I will make similar changes to my declaration and send that to you shortly. Also, I notice there is no signature block. Do you want me to sign and file? Or will you do that, Dexter? Thanks. The message is ready to be sent with the following file or link attachments: victim_resp_USArev corrected.wpd Note: To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. 628 EFTA00194388 Villafana, Ann Marie C. (USAFLS) From: Stamen, Jeff (USAFLS) Sent: Wednesday, July 09,2008 9:57 AM To: Lee, Dexter (USAFLS); Villatana, Ann Marie C. (USAFLS); Acosta, Alex (USAFLS) Cc: Atkinson, Karen (USAFLS); Jacobus, Wendy (USAFLS) Subject: RE: Emailing: victim_resp_USArev corrected.wpd Doesn't the confidentiality provision obligate us to file it under seal? Original Message From: Lee, Dexter (USAFLS) Sent: Wednesday, July 09, 2008 9:53 AM To: Villafana, Ann Marie C. (USAFLS); Acosta, Alex (USAFLS) Cc: Atkinson, Karen (USAFLS); Sloman, Jeff (USAFLS); Jacobus, Wendy (USAFLS) Subject: RE: Emailing: victim_resp_USArev corrected.wpd Alex and Jeff, Do you have any preference for filing under seal or a public filing? If we can protect the identities of the minor victims in a public filing, that is one less reason to file it under seal. The other considerations are the government's confirmation that Epstein was under federal investigation, and the confidentiality provision in the deferral of prosecution agreement with Epstein. It's actually easier to file it electronically, and the general policy is that documents filed in court are public. Dexter Original Message From: Villafana, Ann Marie C. (USAFLS) Sent: Wednesday, July 09, 2008 9:23 AM To: Lee, Dexter (USAFLS); Acosta, Alex (USAFLS) Cc: Atkinson, Karen (USAFLS); Sloman, Jeff (USAFLS); Jacobus, Wendy (USAFLS) Subject: RE: Emailing: victim_resp_USArev corrected.wpd I was planning to redact all of that information prior to scanning it and attaching Exhibit Stickers. I think we should do so even if this is filed under seal. A. Marie Villafana Assistant U.S. Attorney 561 209-1047 Original Message From: Lee, Dexter (USAFLS) Sent: Wednesday, July 09, 2008 9:22 AM To: Villafana, Ann Marie C. (USAFLS); Acosta, Alex (USAFLS) 627 EFTA00194389 Villafana, Ann Marie C. (USAFLS) From: Acosta, Alex (USAFLS) Sent: Wednesday, July 09, 2008 10:38 AM To: Villafana, Ann Marie C. (USAFLS); Lee, Dexter (USAFLS) Cc: Atkinson, Karen (USAFLS); Sloman, Jeff (USAFLS) Subject: RE: Emailing: Villafana Declaration-v2 final.wpd A few thoughts: 1. bottom of page 5/ top of page 6 -- were we talk about the "Throughout the negotiations, ... recompense." Should we cite to Decl para 8? 2. Next para -- cite to para 8 should be cite to para 10. 3. Right before the next para starting with On Friday, should we discuss the content of para 9, where the same attorney that now complains had an opportunity to communicate with our office and didn't. What I find particularly compelling about that point is that Edwards had, or should have had, knowledge of this agreement because his clients were told of the agreement previously. Cite para 8. In fact, maybe this should be a separate argument III -- he, or his clients, had prior knowledge and didn't complain until now. Thoughts? 4. In para 2 of the declaration, do we need the last sentence hitting the State Attorney? Original Message From: Villafana, Ann Marie C. (USAFLS) Sent: Wednesday, July 09, 2008 9:22 AM To: Acosta, Alex (USAFLS); Lee, Dexter (USAFLS) Cc: Atkinson, Karen (USAFLS); Sloman, Jeff (USAFLS) Subject: Emailing: Villafana Declaration-v2 final.wpd Attached is the revised declaration. Please let me know if any other changes are required. I am off to Court but should be back by 11:30. Thank you. The message is ready to be sent with the following file or link attachments: Villafana Declaration-v2 final.wpd Note: To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. 626 EFTA00194390 Recipient Read &omen, Jeff (USAFLS) Read: 7/9/2008 11:49 AM Lee, Dexter (USAFLS) Read: 7/9/2008 11:49 AM Acosta, Alex (USAFLS) Read: 7/9/2008 11:55 AM Atkinson, Karen (USAFLS) Jacobus, Wendy (USAFLS) Read: 7/9/200812:29 PM 625 EFTA00194391 From: Villafana, Ann Marie C. (USAFLS) Sent: Wednesday, July 09, 2008 9:23 AM To: Lee, Dexter (USAFLS); Acosta, Alex (USAFLS) Cc: Atkinson, Karen (USAFLS); Sloman, Jeff (USAFLS); Jacobus, Wendy (USAFLS) Subject: RE: Emailing: victim_resp_USArev corrected.wpd I was planning to redact all of that information prior to scanning it and attaching Exhibit Stickers. I think we should do so even if this is filed under seal. A. Marie Villafafia Assistant U.S. Attorney 561 209-1047 Original Message----- From: Lee, Dexter (USAFLS) Sent: Wednesday, July 09, 2008 9:22 AM To: Villafana, Ann Marie C. (USAFLS); Acosta, Alex (USAFLS) Cc: Atkinson, Karen (USAFLS); Sloman, Jeff (USAFLS); Jacobus, Wendy (USAFLS) Subject: RE: Emailing: victim_resp_USArev corrected.wpd Marie, I will sign the response. Since this case involves girls who were minors when the crimes were committed, and there is a confidentiality provision in the deferral of prosecution agreement with Epstein, I believe this should be filed under seal. Otherwise, we'll have to go through each letter and excise the names, addresses, and other identifying information on the three girls. Dexter —Original Message----- From: Villafana, Ann Marie C. (USAFLS) Sent: Wednesday, July 09, 2008 9:11 AM To: Lee, Dexter (USAFLS); Acosta, Alex (USAFLS) Cc: Atkinson, Karen (USAFLS); Sloman, Jeff (USAFLS) Subject: Emailing: victim_resp_USArev corrected.wpd Dexter and Alex -- I fixed a couple of typos and entered the correct information about the dates when the letters were sent. I also included the information about all three of Edwards' clients, T.M., C.W., and S.R. At the end, I also corrected the information regarding the notifications of the victims about the change of plea. I called Edwards on Friday, but I'm not sure whether we spoke that day or if he called me over the weekend. And the agents and I didn't start making calls together until Monday after the hearing. So I notified Edwards to inform his three clients, and PBPD tried to notify six victims, I think. I didn't want the court to think that we tried to notify all 33 girls. I will make similar changes to my declaration and send that to you shortly. Also, I notice there is no signature block. Do you want me to sign and file? Or will you do that, Dexter? Thanks. The message is ready to be sent with the following file or link attachments: victim_resp USArev corrected.wpd Note: To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. Tracking: 624 EFTA00194392 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Wednesday, July OS, 200811:49 AM To: Sloman, Jeff (USAFLS); Lee, Dexter (USAFLS); Acosta, Alex (USAFLS) Cc: Atkinson, Karen (USAFLS); Jacobus, Wendy (USAFLS) Subject: RE: Emailing: victim_resp_USArev corrected.wpd Attachments: image001.png Here is the language from the Agreement. I will leave it to you to interpret whether disclosing part of the substance of the Agreement requires sealing or othenvise. The parties anticipate that this agreement will not be made p public record. If the United States receives a Freedom of In Act request or any compulsory process commanding the dis the agreement, it will provide notice to Epstein before mi disclosure. A. Marie Villafafia Assistant U.S. Attorney 561 209-1047 Original Message--- From: Sloman, Jeff (USAFLS) Sent: Wednesday, July 09, 2008 9:57 AM To: Lee, Dexter (USAFLS); Villafana, Ann Marie C. (USAFLS); Acosta, Alex (USAFLS) Cc: Atkinson, Karen (USAFLS); Jacobus, Wendy (USAFLS) Subject: RE: Emailing: victim_resp_USArev corrected.wpd Doesn't the confidentiality provision obligate us to file it under seal? —Original Message-- From: Lee, Dexter (USAFLS) Sent: Wednesday, July 09, 2008 9:53 AM To: Villafana, Ann Marie C. (USAFLS); Acosta, Alex (USAFLS) Cc: Atkinson, Karen (USAFLS); Sloman, Jeff (USAFLS); Jacobus, Wendy (USAFLS) Subject: RE: Emailing: victim resp USArev corrected.wpd Alex and Jeff, Do you have any preference for filing under seal or a public filing? If we can protect the identities of the minor victims in a public filing, that is one less reason to file it under seal. The other considerations are the government's confirmation that Epstein was under federal investigation, and the confidentiality provision in the deferral of prosecution agreement with Epstein. It's actually easier to file it electronically, and the general policy is that documents filed in court are public. Dexter —Original Message----- 623 EFTA00194393 Villafana, Ann Marie C. (USAFLS) From: Lee, Dexter (USAFLS) Sent: Wednesday, July 09, 2008 11:53 AM To: Villafana, Ann Marie C. (USAFLS); Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS) Cc: Jacobus, Wendy (USAFLS) Subject: Brad Edwards' End Game Marie, Alex and Jeff, I have just spoken with Kim Herd at EOUSA regarding clearance to argue that no rights to consultation accrue until after charges have been filed. The argument is being considered by Criminal Division and OLP. Kim wanted to know what Edwards' objective in this case is, and whether he would agree to meet and try to resolve this. I told Kim that the only way to avoid our filing at 5:00 p.m. today is if Edwards' agree to a joint enlargement of time. How reasonable do you think Edwards is? Dexter 622 EFTA00194394 Villafana, Ann Marie C. (USAFLS) From: Acosta, Alex (USAFLS) Sent: Wednesday, July 09, 2008 11:56 AM To: Lee, Dexter (USAFLS); Villafana, Ann Marie C. (USAFLS); Sloman, Jeff (USAFLS) Cc: Jacobus, Wendy (USAFLS) Subject: Re: Brad Edwards' End Game Not at all. We need to file today. Original Message From: Lee, Dexter (USAFLS) To: Villafana, Ann Marie C. (USAFLS); Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS) Cc: Jacobus, Wendy (USAFLS) Sent: Wed Jul 09 11:52:46 2008 Subject: Brad Edwards' End Game Marie, Alex and Jeff, I have just spoken with Kim Herd at EOUSA regarding clearance to argue that no rights to consultation accrue until after charges have been filed. The argument is being considered by Criminal Division and OLP. Kim wanted to know what Edwards' objective in this case is, and whether he would agree to meet and try to resolve this. I told Kim that the only way to avoid our filing at 5:00 p.m. today is if Edwards' agree to a joint enlargement of time. How reasonable do you think Edwards is? Dexter 621 EFTA00194395 Recipient Read Acosta, Alex (USAFLS) Read: 7/9/200812:01 PM Lee, Dexter (USAFLS) Read: 7/9/2008 12:01 PM Sloman, Jeff (USAFLS) Read: 7/9/2008 12:00 PM Jacobus, Wendy (USAFLS) Read: 719/2008 12:12 PM 620 EFTA00194396 How reasonable do you think Edwards is? Dexter Tracking: 619 EFTA00194397 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Wednesday, July 09, 2008 12:00 PM To: Acosta, Alex (USAFLS); Lee, Dexter (USAFLS); Sloman, Jeff (USAFLS) Cc: Jacobus, Wendy (USAFLS) Subject: RE: Brad Edwards' End Game I have talked to Brad and his heart seems to be in the right place, he just has gotten himself a bit too worked up over this. The agents and I (and Karen, I think) would be happy to meet with him and his clients. The problem is that there is nothing to discuss -- the agreement has already been signed and our investigation is closed. In light of that, I don't think a meeting would satisfy him because he seems to believe that his petition can undo what has been done. A. Marie Villafaha Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Original Message From: Acosta, Alex (USAFLS) Sent: Wednesday, July 09, 2008 11:56 AM To: Lee, Dexter (USAFLS); Villafana, Ann Marie C. (USAFLS); Sloman, Jeff (USAFLS) Cc: Jacobus, Wendy (USAFLS) Subject: Re: Brad Edwards' End Game Not at all. We need to file today. Original Message From: Lee, Dexter (USAFLS) To: Villafana, Ann Marie C. (USAFLS); Acosta, Alex (USAFLS); Sloman, Jeff (USAF LS) Cc: Jacobus, Wendy (USAFLS) Sent: Wed Jul 09 11:52:46 2008 Subject: Brad Edwards' End Game Marie, Alex and Jeff, I have just spoken with Kim Herd at EOUSA regarding clearance to argue that no rights to consultation accrue until after charges have been filed. The argument is being considered by Criminal Division and OLP. Kim wanted to know what Edwards' objective in this case is, and whether he would agree to meet and try to resolve this. I told Kim that the only way to avoid our filing at 5:00 p.m. today is if Edwards' agree to a joint enlargement of time. 618 EFTA00194398 Villafana, Ann Marie C. (USAFLS) From: Lee, Dexter (USAFLS) Sent: Wednesday, July 09, 200812:08 PM To: Villafana, Ann Marie C. (USAFLS); Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS) Cc: Jacobus, Wendy (USAFLS) Subject: Latest Version Colleagues, Attached please find the latest version of the government's response. I have added a new Section III, which details the efforts made by Marie in maintaining contact with T.M., C.W., and S.R. Dexter victim_resp_USA rev corrected (... 617 EFTA00194399 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Wednesday, July 09, 2008 12:15 PM To: Lee, Dexter (USAFLS) Subject: Emailing: victim_resp_USArev corrected (3).wpd Attachments: victim_resp_USArev corrected (3).wpd Hi Dexter -- I caught one date error and an important "not" in the last section - - as far as I know, Edwards did NOT make contact with the State Attorney's Office. The message is ready to be sent with the following file or link attachments: victim_resp_USArev corrected (3).wpd Note: To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. 616 EFTA00194400 Recipient Road Acosta, Alex (USAFLS) Read: 719/20081:25 PM Lee, Dexter (USAFLS) Read: 7/9/2008 12:22 PM Sloman, Jeff (USAFLS) Read: 7/9/2008 2:05 PM Atkinson, Karen (USAFLS) 615 EFTA00194401 Villafana, Ann Marie C. (USAFLS) From: Villatana, Ann Marie C. (USAFLS) Sent: Wednesday, July 09, 2008 12:22 PM To: Acosta, Alex (USAFLS); Lee, Dexter (USAFLS) Cc: Sloman, Jeff (USAFLS); Atkinson, Karen (USAFLS) Subject: Revised Declaration I removed the sentence about why the Palm Beach Police contacted FBI for assistance. I notice that the language regarding my securing pro bono counsel for C.W. was removed. I think it shows how far we went out of our way to protect the victims, especially Mr. Edwards' clients. Is it alright to put it back in? A. Marie Villafana Assistant U.S. Attorney 561 209-1047 Tracking: 614 EFTA00194402 so.uu rnA poloODU640 USAO WPB CONFRM TRANSMISSION OK ********************* *** TX REPORT *** *Its*************ssxs* TX/RX NO. 0708 CONNECTION TEL. 19549241530. SUBADDRESS CONNECTION ID ST. TIME 07/09 14:59 USAGE T 01'11 PGS. SENT 5 RESULT OK United States Attorney's Office Southern District of Florida 500 S. Australian Ave.; Suite 400 West Paint Beach,.FL 33401-6235 DATE: r TO: (3pa_awarol ORGANIZATION: FAX #: SUBJECT: FROM: MarcA IA/ (561) 820;8711 (561) 820-8777 (Fax) 4. NUMBER OF PAGES. INCLUDING THIS PAGE: COMMENTS: si EFTA00194403 rah DOLOUOUBVI USXO WPB CONFRM TRANSMISSION OK ***************t4.4*** It** TX REPORT *** ********************* TX/RX NO 0708 CONNECTION TEL 19549241530 SUBADDRESS CONNECTION ID ST. TIME 07/09 14:59 USAGE T 01'11 PGS. SENT RESULT OK United. States Attorney's Office Srill &ern District of Florida 5011 S. Australian Ave., Suite 400 West ?atm Beach, FL 33401-6235 . DATE. —ilgior 1O. rtkot-chuyan ORGANIZATION: • - @jolt: rt FAY, #- SUBJECT: FROM: Matiat VII (561) 820-8711 (561) 820-8777 (Fax) NUMBER OF PAGES. INCLUDING THIS PAGE: COMMENTS: 1. 'C 4. EFTA00194404 U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beach, FL 33401 (561)820-8711 Facsimile: (561) 820-8777 July 9, 2008 VIA FACSIMILE Brad Edwards, Esq. The Law Offices of Brad Edwards & Associates, LLC 2028 Street, Suite 202 Hollywood, Florida 33020. Re: Jeffrey Epstein/MEM NOTIFICATION OF IDENTIFIED VICTIM Dear Mr. Edwards: By virtue of this letter, the United States Attorney's Office for the Southern District of Florida asks that you provide the following notice to your client, On June 30, 2008, Jeffrey Epstein (hereinafter referred to as "Epstein) entered a plea of guilty to violations of Florida Statutes Sections 796.07 (felony solicitation of prostitution) and 796.03 (procurement of minors to engage in prostitution), in the 15th Judicial Circuit in and for Palm Beach County (Case Nos. 2006-cf-009454AXXXMB and 2008-cf￾009381=O(MB) and was sentenced to a term of twelve months' imprisonment to be followed by an additional six months' imprisonment, followed by twelve months of 1 Community Control 1, with conditions of community confinement imposed by the Court. In light of the entry of the guilty plea and sentence, the United States has agreed to defer federal prosecution in favor of this state plea and sentence, subject to certain conditions. One such condition to which Epstein has agreed is the following: "Any person, who while a minor, was a victim of a violation of an offense enumerated in Title 18, United States Code, Section 2255, will have the same rights to proceed under Section 2255 as she would have had, if Mr. Epstein EFTA00194405 BRAD EDWARDS, ESQ. NOTIFICATION OF IDENTIFIED VICTIM JULY 9, 2008 PAGE 2 OF 2 had been tried federally and convicted of an enumerated offense. For purposes of implementing this paragraph, the United States shall provide Mr. Epstein's attorneys with a list of individuals whom it was prepared to name in an Indictment as victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this provision, including any authority determining which evidentiary burdens if any a plaintiff must meet, shall consider that it is the intent of the parties to place these identified victims in the same position as they would have been had Mr. Epstein been convicted at trial. No more; no less." Through this letter, this Office hereby provides Notice that your client, is an individual whom the United States was prepared to name as a victim of an enumerated offense. Should your client decide to file a claim against Jeffrey Epstein, his attorney, Jack Goldberger, asks that you contact him at Atterbury Goldberger and Weiss, 250 Australian Avenue South, Suite 1400, West Palm Beach, FL 33401, (561) 659-8300. Please understand that neither the U.S. Attorney's Office nor the Federal Bureau of Investigation can take part in or otherwise assist in civil litigation; however, if you do file a claim under 18 U.S.C. § 2255 and Mr. Epstein denies that your client is a victim of an enumerated offense, please provide notice of that denial to the undersigned. Please thank your client for all of her assistance during the course of this examination and express the heartfelt regards ofSt self and Special Agents Kuyrkendall and Richards for the health and well-being of Ms. M. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY By: A. MARIE VILLAFANA ASSISTANT U.S. ATTORNEY cc: • Jack Goldberger, Esq. EFTA00194406 U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave, Suite 400 West Palm Beach, FL 3340! (561)820-8711 Facsimile: (561)8204777 July 9, 2008 VIA FACSIMILE Brad Edwards, Esq. The Law Offices of Brad Edwards & Associates, LLC 2028 MIEStreet, Suite 202 Hollywood, Florida 33020. Re: jeffreLS'IN OF IDENTIFIED VICTIM Dear Mr. Edwards: By virtue of this letter, the United States Attorney's Office fo istrict of Florida asks that you provide the following notice to your client, On June 30, 2008, Jeffrey Epstein (hereinafter referred to as "Epstein) entered a plea of guilty to violations of Florida Statutes Sections 796.07 (felony solicitation of prostitution) and 796.03 (procurement of minors to engage in prostitution), in the 15th Judicial Circuit in and for Palm Beach County (Case Nos. 2006-cf-009454AXXXMB and 2008-cf￾009381AXXXMB) and was sentenced to a term of twelve months' imprisonment to be followed by an additional six months' imprisonment, followed by twelve months of Community Control 1, with conditions of community confinement imposed by the Court. In light of the entry of the guilty plea and sentence, the United States has agreed to defer federal prosecution in favor of this state plea and sentence, subject to certain conditions. One such condition to which Epstein has agreed is the following: "Any person, who while a minor, was a victim of a violation of an offense enumerated in Title 18, United States Code, Section 2255, will have the same rights to proceed under Section 2255 as she would have had, if Mr. Epstein EFTA00194407 BRAD EDWARDS, ESQ. NOTIFICATION OF IDENTIFIED VICTIM...BM JULY 9, 2008 PAGE 2 OF 2 had been tried federally and convicted of an enumerated offense. For purposes of implementing this paragraph, the United States shall provide Mr. Epstein's attorneys with a list of individuals whom it was prepared to name in an Indictment as victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this provision, including any authority determining which evidentiary burdens if any a plaintiff must meet, shall consider that it is the intent of the parties to place these identified victims in the same position as they would have been had Mr. Epstein been convicted at trial. No more; no less." Through this letter, this Office hereby provides Notice that your client, MIS is an individual whom the United States was prepared to name as a victim of an enumerated offense. Should your client decide to file a claim against Jeffrey Epstein, his attorney, Jack Goldberger, asks that you contact him at Atterbuty Goldberger and Weiss, 250 Australian Avenue South, Suite 1400, West Palm Beach, FL 33401, (561) 659-8300. Please understand that neither the U.S. Attorney's Office nor the Federal Bureau of Investigation can take part in or otherwise assist in civil litigation; however, if you do file a claim under 18 U.S.C. § 2255 and Mr. Epstein denies that your client is a victim of an enumerated offense, please provide notice of that denial to the undersigned. Please thank your client for all of her assistance during the course of this examination and express the heartfelt regards of Special Agents Kuyrkendall and Richards for the health and well-being of Ms. IL ALEXANDER ACOSTA UNITED STATES ATTORNEY By: A. MARIE VTLLAFAICIA ASSISTANT U.S. ATTORNEY ec: Jack Goldberger, Esq. EFTA00194408 U.S. Department of Justice ftE COB United States Attorney Southern District of Florida SOO South Australian Ave.. Suite 400 West Palm Beach FL 33401 (561) 820-8711 Facsimile: (561) 8204777 July 9, 2008 VIA FACSIMILE Brad Edwards, Esq. The Law Offices of Brad Edwards & Associates, LLC 2028 ME Street, Suite 202 Hollywood, Florida 33020. Re: Jeffrey Epstein/ NOTIFICATION OF IDENTIFIED VICTIM Dear Mr. Edwards: By virtue of this letter, the United States Attorney's Office for the Southern District of Florida asks that you provide the following notice to your client, On June 30, 2008, Jeffrey Epstein (hereinafter referred to as "Epstein) entered a plea of guilty to violations of Florida Statutes Sections 796.07 (felony solicitation of prostitution) and 796.03 (procurement of minors to engage in prostitution), in the 15th Judicial Circuit in and for Palm Beach County (Case Nos. 2006-cf-009454AXXXMB and 2008-cf￾009381AXXXMB) and was sentenced to a term of twelve months' imprisonment to be followed by an additional six months' imprisonment, followed by twelve months of Community Control 1, with conditions of community confinement imposed by the Court. In light of the entry of the guilty plea and sentence, the United States has agreed to defer federal prosecution in favor of this state plea and sentence, subject to certain conditions. One such condition to which Epstein has agreed is the following: "Any person, who while a minor, was a victim of a violation of an offense enumerated in Title 18, United States Code, Section 2255, will have the same rights to proceed under Section 2255 as she would have had, if Mr. Epstein EFTA00194409 BRAD EDWARDS; ESQ. NOTIFICATION OF IDENTIFIED VICTIM AAA 9, 2008 PAGE 2 OF 2 had been tried federally and convicted of an enumerated offense. For purposes of implementing this paragraph, the United States shall provide Mr. Epstein's attorneys with a list of individuals whom it was prepared to name in an Indictment as victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this provision, including any authority determining which evidentiary burdens if any a plaintiff must meet, shall consider that it is the intent of the parties to place these identified victims in the same position as they would have been had Mr. Epstein been convicted at trial. No more; no less." Through this letter, this Office hereby provides Notice that your client, is an individual whom the United States was prepared to name as a victim of an enumerate offense. Should your client decide to file a claim against Jeffrey Epstein, his attorney, Jack Goldberger, asks that you contact him at Atterbury Goldberger and Weiss, 250 Australian Avenue South, Suite 1400, West Palm Beach, FL 33401, (561) 659-8300. Please understand that neither the U.S. Attorney's Office nor the Federal Bureau of Investigation can take part in or otherwise assist in civil litigation; however, if you do file a claim under 18 U.S.C. § 2255 and Mr. Epstein denies that your client is a victim of an enumerated offense, please provide notice of that denial to the undersigned. Please thank your client for all of her assistance during the course of this examination and express the heartfelt regards of self and Special Agents Kuyrkendall and Richards for the health and well-being of Ms. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY By: cc: Jack Goldberger, Esq. CSA1) A. MARIE VILLAFARA ASSISTANT U.S. ATTORNEY EFTA00194410 U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beach, FL 33401 (561) 820-8711 Facsimile: (561) 820-8777 July 9, 2008 VIA FACSIMILE Brad Edwards, Esq. The Law Offices of Brad Edwards & Associates, LLC 2028 Street, Suite 202 Hollywood, Florida 33020. Re: Jeffrey Epstein : NOTIFICATION OF IDENTIFIED VICTIM Dear Mr. Edwards: By virtue of this letter, the United States Attorney's Office f District of Florida asks that you provide the following notice to your client, On June 30, 2008, Jeffrey Epstein (hereinafter referred to as "Epstein) entered a plea .of guilty to violations of Florida Statutes Sections 796.07 (felony solicitation of prostitution) and 796.03 (procurement of minors to engage in prostitution), in the 15th Judicial Circuit in and for Palm Beach County (Case Nos. 2006-cf-009454AXXXMB and 2008-cf￾00938 1 AXXXMB) and was sentenced to a term of twelve months' imprisonment to be followed by an additional six months' imprisonment, followed by twelve months of Community Control 1, with conditions of community confinement imposed by the Court. In light of the entry of the guilty plea and sentence, the United States has agreed to defer federal prosecution in favor of this state plea and sentence, subject to certain conditions. One such condition to which Epstein has agreed is the following: "Any person, who while a minor, was a victim of a violation of an offense enumerated in Title 18, United States Code, Section 2255, will have the same rights to proceed under Section 2255 as she would have had, if Mr. Epstein EFTA00194411 BRAD EDWARDS, ESQ. NOTIFICATION OF IDENTIFIED VICTIM JULY 9, 2008 PAGE 2 OF 2 had been tried federally and convicted of an enumerated offense. For purposes of implementing this paragraph, the United States shall provide Mr. Epstein's attorneys with a list of individuals whom it was prepared to name in an Indictment as victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this provision, including any authority determining which evidentiary burdens if any a plaintiff must meet, shall consider that it is the intent of the parties to place these identified victims in the same position as they would have been had Mr. Epstein been convicted at trial. No more; no less." Through this letter, this Office hereby provides Notice that your client, is an individual whom the United States was prepared to name as a victim of an enumerated offense. Should your client decide to file a claim against Jeffrey Epstein, his attorney, Jack Goldberger, asks that you contact him at Atterbury Goldberger and Weiss, 250 Australian Avenue South, Suite 1400, West Palm Beach, FL 33401, (561) 659-8300. Please understand that neither the U.S. Attorney's Office nor the Federal Bureau of Investigation can take part in or otherwise assist in civil litigation; however, if you do file a claim under 18 U.S.C. § 2255 and Mr. Epstein denies that your client is a victim of an enumerated offense, please provide notice of that denial to the undersigned. Please thank your client for all of her assistance during the course of this examination and express the heartfelt regards of m self and Special Agents Kuyrkendall and Richards for the health and well-being of Ms. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY By: A. MARIE VILLAFARA ASSISTANT U.S. ATTORNEY cc: Jack Goldberger, Esq. EFTA00194412 July 9, 2008 Al "Agri:, eat ',cwt/ e ite.41: : att Acts:- • J ,i 44, .,keei-St. ft ,4”-'1,i•Avir 11.: , r ,ity. - ,..≥r..•4 .” •I tic. t. :. Asfo, ,. k .v ...t .r.4., ,:-...• lio.. ,„„,taia . IY9;-:. £ $: . - ..• 'c.c.s!, Ct. .til 'A'17, *.- , ,i i . • ittk ef kg: •"'""41,0:14..tic• •:;p:..,-;:titi •-••,,,,,.., , • .....• ° etzt.::-ele:t..,-.M.N `strVv-)..); 7-e- .• • i , ,..•::1* ;fr.: • • JOSEPH R.ATTERBURY •t JACK A.GOLDBERGER JASON S.WEISS "Board Certified Criminal Trial Attorney Member of New Jersey & Florida Bars A. Marie C. Villafana, Esq. Assistant United States Attorney United States Attorney's Office 500 South Australian Avenue 4th Floor, Suite 400 West Palm Beach, Florida 33401 SENT VIA E-MAIL & FACSIMILE (561) 820-8777 Re: Jeffrey E. Epstein Dear Ms. Villafana: Thank you for your letter to me dated July 8, 2008 and the draft document dated, e-mailed and faxed to me at my office on June 30, 2008, styled "Notification of Identified Victims." I would like to address a few related issues. First, please note that we have several requests concerning any such notification. Specifically, we request that: (a) Any notification be sent to any individual by mail (or served upon their attorney, to the extent known), and we respectfully object to any service by hand, a method of service which carries the concomitant risk of conversations regarding the notification that potentially would place the federal authorities in a position of being advocates for civil litigation; (b) Any notification be effectuated by a separate mailing to each individual without the inclusion of any language that appeared on the second page of your June 30, 2008 memorandum; i.e. rather than including in each notification a large section listing "identified individuals" with redactions other than the name of the recipient (which we contend would be a clear and impermissible signal to any individual that the notification is a broad notification to numerous other alleged victims). Rather, a simple one page notification directed only to the recipient, and limited to the information currently on the first page of your draft memorandum would suffice. One Clearlake Centre, Suite 1400 250 Australian Avenue South West Palm Beach, EL 33401 p 561.659.8300 f 561.835.8691 www.agwpa.com EFTA00194413 (c) You eliminate from any notification any language that is currently contained in the "acknowledgment" section of the June 30, 2008 memorandum; and (d) You supplement the notification with the Government's previously made representation that it is not vouching for the veracity of any claim by any identified individual. See Letter from J. Sloman to E. MO 0/25/07). Second, please note also that we do not understand your request that Mr. Epstein and his attorneys execute the rider / acknowledgment contained within your June 30 hand-delivered draft. Specifically, we do not believe that the Non-Prosecution Agreement requires Mr. Epstein's execution of any such additional stipulation. Because we want to ensure that Mr. Epstein continues to strictly comply with the letter of the parties' agreement, we respectfully ask that you explain why you believe that the Non-Prosecution Agreement requires execution of your stipulation. Our understanding of the Non-Prosecution Agreement is that it does not require Mr. Epstein to "acknowledge" anything not already contained within the four corners of the written agreement. The agreement certainly contains no written term obligating that he "waive any evidentiary challenge to the introduction of a copy" of any "Notification of Identified Victims" in "any judicial proceeding between any identified individual" and Mr. Epstein, as your memorandum currently requests. Further, please note that your June 30 stipulation, as drafted, is not limited to Section 2255 proceedings. Rather, your June 30 draft requires Mr. Epstein to waive evidentiary challenges in "any judicial proceeding" - - which clearly exceeds the bounds of the parties' written agreement. Third, I would respectfully request that you provide me with the names of the "pro bono lawyers" who, you indicated to me at our June 30 meeting at my office, were intending to represent certain persons identified on your June 30 draft notification, as well as any knowledge that the Government has as to how they were selected, and what communications the Government has had with them to date. Finally, please know that it is Mr. Epstein's firm intent to fulfill strictly each term and condition of his Non-Prosecution Agreement with the Government. Nothing in this letter should be construed, however, as waiving any defense that may be available to Mr. Epstein under the parties' written agreement. I look forward to your response. Until then, I remain, trul yours, Ja A. Goldberger : Jeffrey Epstein EFTA00194414 U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beath, FL 33401 (56!) 820-87!! Facsimile: (561) 820-8777 July 9, 2008 VIA FACSIMILE Jack A. Goldberger, Esq. Atterbury, Goldberger & Weiss, P.A. One Clearlake Centre, Suite 1400 250 Australian Ave S. West Palm Beach, FL 33401-5015 Re: Jeffrey Epstein Dear Mr. Goldberger: Thank you for your letter of today's date regarding theproposed Victim Notification. Let me address some of the items in your letter. We have no objection to doing individual mailings. The Notification was drafted in that way in order to minimize the number of documents that Mr. Epstein would sign. Now that you have raised an objection to signing the Acknowledgment, each notification will list • only the victim who is being notified. In light of Mr. Epstein's refusal to sign the Acknowledgment, the Acknowledgment portion has been deleted and the notification has been slightly modified in order to provide more complete information and it has been formatted as a letter rather than a more formal "Notification" document. We will not be including any statement that the U.S. Attorney's Office is not vouching for the veracity of any claim. As you know, the U.S. Attorney's modification of the 2255 portion of the Agreement now limits our victim list to those persons whom the United States EFTA00194415 JACK GOLDBERGER, ESQ. • Jinx 9, 2008 PAGE 2 was prepared to include in an indictment. This means that, pursuant to Justice Department policy, these are individuals for whom the United States believes it has proof beyond a reasonable doubt that each of them was a victim of an enumerated offense. There will be no statement one way or the other regarding the validity of any claim. You have asked for an explanation of why I believe the Acknowledgment portion is required by the terms of the Agreement. Under a strict reading of the Agreement, it is not required, other than to Acknowledge that the United States has performed its obligation of providing Mr. Epstein with a list of identified victims following his guilty plea and sentencing. The purpose of the Acknowledgment was to create one single document incorporating the parties' agreement on The single topic of the right to proceed under 18 U.S.C. § 2255. This would avoid litigation regarding the victims' rights to have access to the original Non-Prosecution Agreement. Without such an express Acknowledgment by Mr. Epstein that the Notice contains the substance of that Agreement, I believe that the victims will have a justification to petition for the entire agreement, which is contrary to the confidentiality clause that the parties have signed. If you believe that particular words are objectionable, I am happy to consider a modification. As I mentioned to you last week, I will provide you with the names of the attorneys currently representing the victims when we have compiled all of that information. Some of the victims are represented by attorneys from the South Carolina Victim Assistance Network and the Maryland Crime Victims Resource Center, both of which were recommended by a victims' rights organization that receives grants from the Justice Department. If you have any suggestions for a modification of the Acknowledgment, please let me know. Sincerely, R. Alexander Acosta United States Attorney By: cc: Karen Atkinson, AUSA A. Marie Villafana Assistant United States Attorney EFTA00194416 U.S. Department of Justice United States Attorney. Southern District of Florida A. Marie Villafaita 500 S. Australian Aye, 4th Floor West Palm Beach, Florida 33401 (561) 8204711 TO: Facsimile (561) 820-8777 FACSIMILE COVER SHEET Jack Alan Goldberger DATE: July 9, 2008 # OF PAGES: RE: FAX NO. 561-835-8691 3 PHONE NO. 561 659-8300 Jeffrey Epstein FROM: A. MARIE VILLAFANA, Assistant U.S. Attorney PHONE NO. 561 209-1047 COMMENTS: EFTA00194417 P. 1 * * * TRANSMISSION RESULT REPORT ( JUL. 9.2008 4:05PM ) * * * TTI USA° WPB FL DATE TIME ADDRESS MODE TIME PAGE RESULT PERS. NAME FILE JUL. 9. 4:04PM 5618358691 TES • : BATCH L : SEND LATER S : STANDARD A-: ASYNC MODE C : CONFIDENTIAL : FORWARDING D : DETAIL 1-: MIL_STD MODE 0'36" P. 3 OK 412 P : POLLING E : ECM F : FINE G-: RICOH-MG3/COMPATIBLE MODE M : MEMORY > : REDUCTION EFTA00194418 Villafana, Ann Marie C. (USAFLS) From: Schultz, Anne (USAFLS) <ASchultz@usa.doj.gov> Sent: Tuesday, July 1, 2008 4:15 PM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Don't know if you saw Alex told me this morning that Epstein had pled. That is wonderful. I never thought we'd see the day. You deserve all the credit for this. If it had not been for you, he would have gotten away with it. From: Villafana, Ann Marie C. (USAFLS) Sent: Tuesday, July 01, 2008 11:31 AM To: Schultz, Anne (USAFLS) subject: Don't know If you saw But my nemesis Mr. Epstein finally pled. The first article is my favorite. Thank you, as always, for your help and support. I am still in a state of shock. << File: News Briefings 07 01 08.pdf >> A. Marie Villafalia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 EFTA00194419 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) <AVillafana@usa.doj.gov> Sent: Tuesday, July 1, 2008 1:34 PM To: Smachetti, Emily (USAFLS) Subject: RE: Yes, that was me — except that I didn't come up with the I8-month deal (that was Menchel's doing). I wanted him to get 18 years. A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Smachetti, Emily (USAFLS) Sent: Tuesday, July 01, 2008 1:32 PM To: Villafana, Ann Marie C. (USAFLS) Subject: bid you handle our offices part in Epstein? I am sitting her reading about the details in the NYT. EFTA00194420 Villafana, Ann Marie C. (USAFLS) From: Smachetti, Emily (USAFLS) <ESmachetti@usa.doj.gov> Sent: Tuesday, July 1, 2008 1:45 PM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: What a dirtbag. Though I was glued to the details of the lifestyle. I love the tabloid aspects of these things. Well, congrats on having it over and thank god no appeal for us. From: Villafana, Ann Made C. (USAFLS) Sent: Tuesday, July 01, 2008 1:34 PM To: Smachetti, Emily (USAFLS) Subject: RE: Yes, that was me — except that I didn't come up with the 18-month deal (that was Mencher s doing). I wanted him to get 18 years. A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Smachetti, Emily (USAFLS) Sent: Tuesday, July 01, 2008 1:32 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Did you handle our office's part in Epstein? I am sitting her reading about the details in the NYT. 34 EFTA00194421 Villafana, Ann Marie C. (USAFLS) From: • Ted Leopold <TLeopold@riccilaw.com> Sent: Wednesday, July 2, 2008 5:21 PM To: Villafana, Ann Marie C. (USAFLS) Cc: Spencer Kuvin Subject: RE: Epstein Investigation I will get you the names tomorrow. Thanks Spencer, please see me. Original Message From: Villafana, Ann Marie C. (USAFLS) [mailto:Ann.Marie.C.Villafana@usdoj.gov] Sent: Monday, June 30, 2008 5:00 PM To: Ted Leopold Subject: Epstein Investigation Dear Ted: here is my e-mail address and contact information. Thank you for your assistance. A. Marie Villafaha Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 44 EFTA00194422 Villafana, Ann Marie C. (USAFLS) From: Ted Leopold <TLeopold@riccilaw.com> Sent: Thursday, July 3, 2008 4:25 PM To: Villafana, Ann Marie C. (USAFLS) Cc: Spencer Kuvin Subject: RE: Epstein Investigation Ann Marie Our two client names are: 1. Sage MI 2. Brandi Brinson if you need any other information please let me know. Ted Original Message From: Villafana, Ann Marie C. (USAFLS) [mailto:Ann.Marie.C.Villafana@usdoj.gov] Sent: Monday, June 30, 2008 5:00 PM To: Ted Leopold Subject: Epstein Investigation Dear Ted: Here is my c-mail address and contact information. Thank you for your assistance. A. Marie Villafaha Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 45 EFTA00194423 Villafana, Ann Marie C. (USAFLS) From: Sent: To: Cc: Subject: Thanks Sloman, Jeff (USAFLS) <JSIoman@usa.doj gov> Thursday, July 3, 20081:12 PM Villafana, Ann Marie C. (USAFLS) Acosta, Alex (USAFLS) Re: Epstein -- Original Message ---- From: Villafana, Ann Marie C. (USAFLS) To: Sloman, Jeff (USAFLS) Sent: Thu Jul 03 11:36:42 2008 Subject: Epstein Hi Jeff — I just got an earful from the last of the victims' lawyers. lie is a former Broward County ASA and he represents three victims. He says that his clients can name many more victims and wanted to know if we can get out of the deal. I told him that, at this time, assuming that Epstein performs the last piece of the agreement, we are bound. He asked that, if there is the slightest hesitation on Epstein's part of completing his performance, that he and his clients be allowed to consult with our office before making a decision. 1 also couldn't remember if I told you about our meeting with the Sheriff's Office about the jail. Epstein is out at the stockade, not the jail. Goldberger and some psychiatrist have already met with him and have told him that, if he receives any less favorable treatment than others, Ken Starr and the whole crew will sue. He also told me that Epstein was "brilliant" and that he has already offered to teach GED classes. I sort of cocked my head at the "brilliant" comment and said, you know he only has a high school diploma, right? (I used my best, "don't believe the hype" voice. He was clearly shocked, and I explained that Epstein usually claims to have at least a master's degree, but other than a few college courses, he had no education above a high school diploma, which I think makes him ineligible to teach a GED course.) He also told us that Epstein is eligible for work release and will be placed on work release — in direct contradiction to what he told the agents a few months ago. A. Marie Villafa0a Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 15 EFTA00194424 OFFICE • • 64: -k4eel&lteet'ntil • AND ASSOCIATES July 3, 2008 Ann Marie C. Villafana, AUSA United States Attorney's Office 500 South Australian Avenue West Palm Beach, Florida 33401 Dear Ms. Villafana: VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED 7007 2680 0002 5519 8503 As you are aware, we represent several of the young girls that were victimized and abused by Jeffrey Epstein. While we are aware of his recent guilty plea and conviction in his State Court case, the sentence imposed in that case is grossly inadequate for a sexual predator of this magnitude. The information and evidence that has come to our attention in this matter leads to a grave concern that justice will not be served in this cause if Mr. Epstein is not aggressively prosecuted and appropriately punished. Based on our investigation and knowledge of this case, it is apparent that he has sexually abused more than 100 underage girls, and the evidence against him is overwhelmingly strong. As former Assistant State Attorneys with seven years' prosecution experience, we believe that the evidence against Mr. Epstein is both credible and deep and that he may be the most dangerous sexual predator of children that our country has ever seen. The evidence suggests that for at least 4 years he was sexually abusing as many as three to four girls a day. It is inevitable that if he is not confined to prison, he will continue to manipulate and sexually abuse children and destroy more lives. He is a sexual addict that focused all of his free time on sexually abusing children, and he uses his extraordinary wealth and power to lure in poor, underprivileged little girls and then also uses his wealth to shield himself from prosecution and liability. We are very concerned for the health and welfare of the girls he has already victimized, and concerned that if justice is not properly served now and he is not imprisoned for a very long time, he will get a free pass to sexually abuse children in the future. Futute abuse and victimization is obvious to anyone who really reviews the evidence in this case, and future sexual abuse of minors is inevitable unless he is prosecuted, tried and appropriately sentenced. Money and power should not allow a man to make his own laws, and he has clearly received preferential treatment at every step up to this point. If he were a man of average wealth or the abused girls were from middle or upper class families, then this man would spend the rest of his life in prison. In a country of true, blind justice, those distinctions are irrelevant, and we really hope he does not prove the point that a man can commit heinous crimes against children and buy his way out of it. If the Department of Justice's recent commitment to the protection of our children from child molesters is to be more than rhetoric, then this is the time and the case where the Department must step forward. We urge the Attorney General and our United States 2028 STRBET,81/ITE 202, HOLLYWOOD, FLORIDA 33020 OFFICE: 954-414-8033/305-935-2011 FAX, 964-924-1630/305-935-4227 BEOBRADEDWARDSLAW.COM EFTA00194425 Ann Marie C. Villafana, AUSA United States Attorney's Office Page Two Attorney to consider the fundamental import of the vigorous enforcement of our Federal laws. We urge you to move forward with the traditional indictments and criminal prosecution commensurate with the crimes Mr. Epstein has committed, and we further urge you to take the steps necessary to protect (Au children from this very dangerous sexual perpetrator. We will help you to do this in any way possible to ensure that true Justice is served in this case. Sincerely, Brad Edwards, Esquire Jay Howell, Esquire 2028 ITREET,8IIITE 202, HOLLYWOOD, FLORIDA 33020 OFFICE: 954-414-8033/305-935-2011 FAX; 954-924-1530/305-935-4227 11114)81tADEDWARDSLAW.COM EFTA00194426 - - _ \-Tv1-1-1, Mkt_ NOi-ko rt K4-914DA _ 9q___/(±1- -25o0 Poviktne _fist?. _ ye- _ - 355-131 0 - N52.-5701" eat Aekeg-_-_- EFTA00194427 Villafana, Ann Marie C. (USAFLS) From: Acosta, Alex (USAFLS) <AAcosta@usa.doj.gov> Sent: Tuesday, July 8, 2008 6:17 PM To: Lee, Dexter (USAFLS); Sloman, Jeff (USAFLS) Cc: Villafana, Ann Marie C. (USAFLS); Jacobus, Wendy (USAFLS) Subject: RE: Draft Response in Jane Doe Attachments: victim_resp.wpd Here is a second draft, with small rewrites I reduced the discussion of negotiations. The agreement has a confidentiality clause. I note this, because if we disclose too much, then we will be sued by the other side for breach of that clause. In other words, we need to disclose and discuss without going too far — unless ordered to do so by the court. <<victim_resp.wpd» : From: Lee, Dexter (USAFLS) Sent: Tuesday, July 08, 2008 5:29 PM To: Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS) Cc: Villafana, Ann Marie C. (USAFLS); Jacobus, Wendy (USAFLS) Subject: Draft Response in Jane Doe Alex and Jeff, Here is a draft response to the emergency petition filed by Jane Doe in the Epstein case. Our first argument is that Doe had no rights under 18 U.S.C. 3177(a)(5) since that provision does not apply where there are no "court proceedings" in federal court, and none were contemplated, as long as Epstein complied with the non￾prosecution agreement. The second argument is that the government used its best efforts to comply, since the A/G guidelines permitted us to not notify victims of the proposed plea negotiations if the proposed plea involved confidential information or conditions, or there is another need for confidentiality. Article IV, Section B(2)(C)(3). The government exercised its discretion and determined that keeping the terms confidential was necessary in order to obtain the best agreement. In particular, the government wanted Epstein to make a significant concession on one of the elements in 18 U.S.C. 2255. I am speaking with Kim Herd at EOUSA regarding the government's position. In particular, the first argument will have to be cleared by DOJ before I can assert it. Please feel free to make any comments. Thanks. Dexter « File: victim_resp.wpd >> 1 EFTA00194428 U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beach, FL 33401 (561) 820-8711 Facsimile: (561)8204777 July 8, 2008 VIA FACSIMILE AND ELECTRONIC MAIL Jack A. Goldberger, Esq. Atterbury, Goldberger & Weiss, P.A. One Clearlake Centre, Suite 1400 250 Australian Ave S. West Palm Beach, FL 33401-5015 Re: Jeffrey Epstein Dear Mr. Goldberger: In accordance with the terms of the Non-Prosecution Agreement, on June 30, 2008, the United States Attorney's Office provided you with a list of thirty-one individuals "whom it was prepared to name in an Indictment as victims of an enumerated offense by Mr. Epstein." Yesterday, I provided you with the identification of another victim whom I had erroneously left off of that list. At the time the list was provided, Special Agent Kuyrkendall and I impressed upon you the need to finalize this last piece of the agreement as quickly as possible so that we could fulfill our victim notification obligations. In deference to your vacation, we allowed you a week to provide us with any objections or requested modifications to the list and/or the Notification language. Yesterday, I contacted you via telephone and e-mail, but received no response. Accordingly, the United States hereby notifies you that it will distribute the victim notifications tomorrow, July 9, 2008, to each of the thirty-two identified victims, either directly or via their counsel. A carbon copy of each notification will be provided to you, and the notification will list you as the contact person for any civil litigation, if the victim decides EFTA00194429 JACK POLDBERGER, ESQ. Jun? 8, 2008 PAGE 2 to pursue damages. If the United States learns that a civil suit has been filed against Mr. Epstein and he has denied that one of these victims is entitled to proceed under 18 U.S.C. § 2255, that will be considered a breach of the Non-Prosecution Agreement and the United States will proceed accordingly. Sincerely, R. Alexander Acosta United States Attorney afr By: cc: Karen Atkinson, AUSA A. Marie Villafafla Assistant United States Attorney EFTA00194430 P. 1 * * * TRANSMISSION RESULT REPORT ( JUL. 8.2008 2:11PM ) * * * TTI USAO WPB FL DATE TIME ADDRESS MODE TIME PAGE RESULT PERS. NAME FILE JUL. 8. 2:10PM 5618358691 TES * : BATCH L : SEND LATER S : STANDARD p-: CIC'VMr C -g 1 CONFIDENTIAL FORWARDING k)DE 0'34" P. 3 OK 398 P OL : ECM : P LING E F : FINE G-: RICOH-MG3/COMPATIBLE MODE M : MEMORY > : REDUCTION EFTA00194431 U.S. Department of Justice United States Attorney Southern District of Florida A. Marie Vials*: 500 S. Australian Ave, 4th Floor West Palm Beach, Florida 33401 (561) 820-8711 TO: Facsimile (561) 820-8777 FACSIMILE COVER SHEET Jack Alan Goldberger DATE: July 8, 2008 ft OF PAGES: RE: FAX NO. 561-8354691 3 PHONE NO. 561 659-8300 Jeffrey Epstein FROM: A. MARIE VILLAFARA. Assistant U.S. Attorney PHONE NO. 561 209-1047 COMMENTS: EFTA00194432 JUL-08-2008 TUE 04:37 PM FAX NO, 5618358691 P. 01 ATTERBURY, GOLDBERGER & WEISS, P.A. 250 Australian Avenue South Suite 1400 West Palm Beach, Florida 33401 (561) 659-8300 Fax: (561) 835-8691 FAX TRANSMITTAL COVER SHEET DATE: July 8, 2008 TO: A. Marie Villafana, Assistant U.S. Attorney FAX NO.: 561-820-8777 FROM: Nayanira, Assistant to Jack A. Goldberger, Esquire REMARKS: Jeffrey Epstein TOTAL PAGES: 2 , Including cover sheet *** PLEASE NOTE - CONFIDENTIALITY WARNING'•' THIS MESSAGE IS INTENDED FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW.If the reader of this message Is not the Intended recipient or the employee or agent responsible for delivering the message to the Intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication In error, please notify us immediately by telephone, and return the original message to us at the above address via the U.S. Postal Mail Service. Thank you for your cooperation, EFTA00194433 FAX NO. 5618358691 P, 02 JUL-08-2008 TUE 04:37 PM July 8, 2008 A. Marie Villafana, AUSA U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Avenue, Suite 400 West Palm Beach, Florida 33401 'JOSEPH FL ATTERBURY • I JACK &GOLDBERGER JASON S.WEISS ' Board Cnriined Criminal Trial Anniamy or New lersay & Florida Ruts Re: Jeffrey Epstein Dear Marie, lam out of the office today. I will response to your fax of July 8, 2008 by return of fax tomorrow. Very truly yours, Jack . Goldberger Dictated hut not mad JAG/na One Clearlake Centre, Suite 14O0 250 Australian Avenue South West Palm Beach. FL 3340i p 561.659.8300 f 561.835.8691 www.agwpa.com EFTA00194434 Villafana, Ann Marie C. (USAFLS) From: Sloman, Jeff (USAFLS) <JSloman@usa.doj.gov> Sent: Wednesday, July 9, 2008 9:57 AM To: Lee, Dexter (USAFLS); Villafana, Ann Marie C. (USAFLS); Acosta, Alex (USAFLS) Cc: Atkinson, Karen (USAFLS); Jacobus, Wendy (USAF'S) Subject: RE: Emailing: victim_resp_USArev corrected.wpd Doesn't the confidentiality provision obligate us to file it under seal? ----Original Message-- From: Lee, Dexter (USAFLS) Sent Wednesday, July 09, 2008 9:53 AM To: Villafana, Ann Marie C. (USAFLS); Acosta, Alex (USAFLS) Cc: Atkinson, Karen (USAFLS); Sloman, Jeff (USAFLS); Jacobus, Wendy (USAFLS) Subject: RE: Emailing: victim_resp_USArev corrected.wpd Alex and Jeff, Do you have any preference for filing under seal or a public filing? If we can protect the identities of the minor victims in a public filing, that is one less reason to file it under seal. The other considerations are the government's confirmation that Epstein was under federal investigation, and the confidentiality provision in the deferral of prosecution agreement with Epstein. It's actually easier to file it electronically, and the general policy is that documents filed in court are public. Dexter ----Original Message---- From: Villafana, Ann Marie C. (USAFLS) Sent: Wednesday, July 09, 2008 9:23 AM To: Lee, Dexter (USAFLS); Acosta, Alex (USAFLS) Cc: Atkinson, Karen (USAFLS); Sloman, Jeff (USAFLS); Jacobus, Wendy (USAFLS) Subject: RE: Emailing: victim_resp_USArev corrected.wpd I was planning to redact all of that information prior to scanning it and attaching Exhibit Stickers. I think we should do so even if this is filed under seal. A. Marie Villafana Assistant U.S. Attorney 561 209-1047 ----Original Message--- From: Lee, Dexter (USAFLS) Sent: Wednesday, July 09, 2008 9:22 AM To: Villafana, Ann Marie C. (USAFLS); Acosta, Alex (USAFLS) Cc: Atkinson, Karen (USAFLS); Sloman, Jeff (LISAFIS); Jacobus, Wendy (USAFLS) Subject RE: Entailing: victim_resp USAmv corrected.wpd Marie, I will sign the response. Since this case involves girls who were minors when the crimes were committed, and there is a confidentiality provision in the deferral of prosecution agreement with Epstein, I believe this should be filed under seal. Otherwise, we'll have to go through each letter and excise the names, addresses, and other identifying information on the three girls. 16 EFTA00194435 Dexter ----Original Message-- From: Villafana, Ann Marie C. (USAFLS) Sent: Wednesday, July 09, 2008 9:11 AM To: Lee, Dexter (USAFLS); Acosta, Alex (USAFLS) Cc: Atkinson, Karen (USAFLS); Sloman, Jeff (USAFLS) Subject: Emailing: victim_resp USArev corrected.wpd Dexter and Alex -- I fixed a couple of typos and entered the correct information about the dates when the letters were sent. I also included the information about all three of Edwards' clients, T.M., C.W., and S.R. At the end, I also corrected the information regarding the notifications of the victims about the change of plea. I called Edwards On Friday, but I'm not sure whether we spoke that day or if he called me over the weekend. And the agents and I didn't start making calls together until Monday after the hearing. So I notified Edwards to inform his three clients, and PBPD tried to notify six victims, I think. I didn't want the court to think that we tried to notify all 33 girls. I will make similar changes to my declaration and send that to you shortly. Also, I notice there is no signature block. Do you want me to sign and file? Or will you do that, Dexter? Thanks. The message is ready to be sent with the following file or link attachments: victim_resp_USArev corrected.wpd Note: To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. 17 EFTA00194436 www.sunbiz.org - Department of State Page 1 of 2 FLORIDA DEPARTMENT OF STATE DIVISION OF CORPORATIONS Home Contact Us Services Document Searches Forms Help Etevietis on Lig Next An Ltst Return To Lial No Events No Name History Detail by Entity Name Florida Non Profit Corporation THE FLORIDA SCIENCE FOUNDATION, INC. Filing Information Document Number N07000010684 FEI Number NONE Date Filed 11/01/2007 State FL Status ACTIVE Principal Address 250 AUSTRALIAN AVENUE STE 1400 WEST PALM BEACH FL 33418 Mailing Address 250 AUSTRALIAN AVENUE STE 1400 WEST PALM BEACH FL 33418 Registered Agent Name & Address C T CORPORATION SYSTEM 1200 SOUTH PINE ISLAND ROAD PLANTATION FL 33324 US Officer/Director Detail Name & Address NONE Annual Reports No Annual Reports Filed Document Images 11/9,1/2007_-- Dgmestic Non-Profit View Image in PDF format Note: This is not official record. See documents if question or conflict. PrevIssis Qn List NexIQnJJst &darn To List No Events No Name History Entity Name Search Entity Name Search http://www.sunbiz.org/scripts/cordet.exe?action—DWITHAinq_doc_pumber=N070000 I 0684&in... 6/30/2008 EFTA00194437 www.sunbiz.org - Department of State Page 2 of 2 Home Contact us Document Searches &Piling Services Forms Help Copyright and Privacy Policies Copyright 4) 2007 State of Florida, Department of State. hnp://www.sunbiz.org/seriptskordetexe?action=DETFILAinq_doe_numberN07000010684&in... 6/30/2008 EFTA00194438 Villafana, Ann Marie C. (USAFLS) From: Sloman, Jeff (USAFLS) <JSIoman@usa.doj.gov> Sent: Saturday, June 28, 2008 7:38 AM To: Villafana, Ann Marie C. (USAFLS) Cc: Acosta, Alex (USAFLS); Senior, Robert (USAFLS) Subject: Re: Agreement I agree. Ask Jack to make that change. Original Message --- From: Villafana, Ann Marie C. (USAFLS) To: Sloman, Jeff (USAFLS) Sent: Fri Jun 27 21:28:46 2008 Subject: Agreement Hi Jeff— Hadn't heard back, so I figured this would be easiest way to communicate. I got a call back from Jack Goldberger, incensed that I was somehow accusing him of trying to get out of the agreement. I was taken aback because the response was completely out of line with the questions I was asking. From my dealings with Jack, this just made me more suspicious than I was originally. Anyhow, Jack said that "this was the only way to do the consecutive jail time." And he "swore" that Epstein would be in custody 24- hours-a-day during the community confinement portion of the sentence. He also insisted that Epstein had been charged with a substantive procurement offense, not attempt. He did, however, let it slip that Epstein would not be at the jail, he would be at the stockade out on the fairgrounds (a low security "camp"). Since we specifically discussed this at the meeting with Barry Krisher months ago that Epstein would be at the Gun Club facility (the jail), this certainly violates the spirit of the agreement, if not the letter. I talked to= Millian, who used to be with the Palm Beach County State Attorney's Office before joining our office. She said, first, that it was extremely strange to call it the "Palm Beach County Detention Center," rather than the jail, but I explained that I thought Epstein's people were trying to make us believe he was going to the jail even though he wasn't and this was their way to "finesse" the situation. also explained that the normal way for the plea agreement to read is a consecutive tens of six months imprisonment to be followed by one year of community control — in other words, Goldberger's statement that this was the "only way" to do the consecutive sentence is false. I did find a statute that says that if two sentences are imposed consecutively that result in a sentence of greater than one year, the judgLimposed to send the defendant to a state prison rather than a county facility, so that may be why they are wording it this way. NM also said that typically the term "community control" means home confinement, and she has never seen imprisonment used as a condition of "community control." She has seen such a condition in connection with a sentence of probation, but not community control. Also, she and I did a state guideline calculation for Epstein's plea, and, if done correctly, he should be looking at 51 months. The only way that Lanna could avoid that calculation is if she tells the judge that there was no sexual contact. That, of course, would be completely false. In short, something smells very bad. My suggestion is to ask that we ask them to add one word to the second sentencing paragraph of the plea agreement with the state, as follows: the Defendant is sentenced to 18 months Community Control I (one). As a special condition of this Community Control, the Defendant must serve the first 6 months INCARCERATED [or IMPRISONED] in the Palm Beach County Detention Facility ... if they object to this small change — which according to Goldberger is intended by the language already there — then we will know that something is extremely fishy. 11 EFTA00194439 What do you think? A. Marie Villafafla Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 12 EFTA00194440 Villafana, Ann Marie C. (USAFLS) From: Sloman, Jeff (USAFLS) <1Sloman@usa.doj.gov› Sent: Saturday, June 28, 2008 7:03 PM To: Villafana, Ann Marie C. (USAFLS) Cc: Acosta, Alex (USAFLS); Senior, Robert (USAFLS) Subject: Re: Notice of Non-Compliance Gr8 Original Message ---- From: Villafana, Ann Marie C. (USAFLS) To: Sloman, Jeff (USAFLS); Atkinson, Karen (USAFLS) Sent: Sat Jun 28 17:14:01 2008 Subject: Fw: Notice of Non-Compliance Jack Goldberger's response below. --- Original Message -- From: Jack Goldberger lgoldbergen@agwpa.com> To: Villafana, Ann Marie C. (USAFLS) Sent: Sat Jun 28 15:38:23 2008 Subject: RE: Notice of Non-Compliance Marie not a problem. From: Villafana, Ann Marie C. (USAFLS) imailto:Ann.Marie,C.Villafanatalusdoiaov] Sent: Sat 6/28/2008 11:31 AM To: Jack Goldberger Cc: Atkinson, Karen (USAFLS); RBlack@RoyBlack.com Subject: Re: Notice of Non-Compliance Dear Jack: I have conferred with a state court practitioner who stated that there is nothing that prohibits you from agreeing to a consecutive six￾month sentence of incarceration followed by one year of community control as specified in the non-prosecution agreement. If you elect to proceed with the plea agreement as currently drafted, we ask that you insert the word "imprisoned" following the words "six months" in the second sentencing paragraph. Please confirm that this change is acceptable. Thank you. Marie -- Original Message ---- From: Jack Goldberger lgoldberger@agwpa.com> To: Villafana, Ann Marie C. (USAFLS) Cc: Jack Goldberger lgoldbergen@agwpa.com> 13 EFTA00194441 Sent: Sat Jun 28 08:49:55 2008 Subject: RE: Notice of Non-Compliance Dear Ms Villafana, please allow this e-mail to confirm our telephone conference of 6:30 pm on June 27 wherein we discussed the Epstein plea agreement and we agreed that the Epstein state plea agreement was in compliance with the September 2007 non-prosecution agreement entered into between Mr. Epstein and the USAO for the Souhem District of Florida. Jack Goldberger From: Villafana, Ann Marie C. (USAFLS) [mailto:Ann.Marie.C.Villafana@lusdoj.gov] Sent: Fri 6/27/2008 5:45 PM To: Jack Goldberger; Roy BLACK Cc: Atkinson, Karen (USAFLS) Subject: Notice of Non-Compliance Dear Messrs. Goldberger and Black: Please see the attached Notification Letter. «080627 Goldberger Black notification Itr.pdf>> A. Marie Villafafia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 14 EFTA00194442 Villafana, Ann Marie C. (USAFLS) From: Roe, Susan (USAWAW) <SRoe@usa.doj.gov> Sent: Monday, June 30, 2008 5:40 PM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: news article Wow. Congratulations. This is a success for you. From: Villafana, Ann Marie C. (USAFLS) Sent: Monday, June 30, 2008 2:21 PM To: Roe, Susan (USAWAW) Subject: RE: news article Yes. The detail that wasn't included is that lie has to pay damages to the girls — a minimum of $150,000 to each of 31 girls. A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, PI, 33401 Phone 561 209-1047 Fax 561 820-8777 From: Roe, Susan (USAWAW) Sent: Monday, June 30, 2008 5:02 PM To: Villafana, Ann Marie C. (USAFLS) Subject: news article Does this resolve your case, too? Billionaire pleads to Fla. prostitution charge THE ASSOCIATED PRESS WEST PALM BEACH, Fla. -- New York billionaire Jeffrey Epstein has pleaded guilty to soliciting prostitution from underage girls in South Florida. Circuit Judge Deborah Dale Pucillo sentenced the 55-year-old money manager Monday to 18 months in the Palm Beach County jail, followed by a year of house arrest. He will also be designated a sex offender. Epstein was arrested two years ago. Authorities allege he paid several girls under the age of 18 $200 to $300 each in return for naked massages at his Palm Beach home that sometimes became sexual. 1 EFTA00194443 He also faces state and federal lawsuits filed by several women over similar allegations. EFTA00194444 Villafana, Ann Marie C. (USAFLS) From: Braden, Myesha (CRT) <Myesha.Braden@usdoj.gov> Sent: Monday, June 30, 2008 4:26 PM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Saw the Epstein news I was happy about the offwnder registration, but I wondering about the damages, as the article that I read didn't mention them. Add that to the $57 million he just lost in the Bear Stearns debacle and it may actually crimp his style. (Perhaps karma took care of what DOJ didn't. Perhaps this will hold true during the civil suits.) Things in the Civil Rights Division are good. I jsut started a week ago, but they really seem to make a point of giving you every possible tool to be successful. The people here are really happy and seem amazingly stress free, considering all of the travel involved. (I'll get on a plane less often than with CEOS, but may possibly spend more time away.) The differences between the way things are managed at CEOS and the way they are managed here are downright starteling. I know that it has much to do with the fact that the section is significantly larger, older and better funded .but it's like a different world. From: Villafana, Ann Marie C. (USAFLS) [mailto:Ann.Marie.C.Villafana@usdoj.gov] Sent: Monday, June 30, 2008 4:09 PM To: Braden, Myesha (CRT) Subject: RE: Saw the Epstein news So-so. After all the hell they put me through, 1 don't feel like celebrating 18 months. He should be spending 18 years in jail — with his lawyers in the cell next to him. But I did get to see him leaving the courtroom in handcuffs. And he will have to pay out a minimum of $4,650,000 in damages. So, how are you? A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm 13each, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Braden, Myesha (CRT) Sent: Monday, June 30, 2008 2:41 PM To: Villafana, Ann Marie C (USAFLS) Subject: Saw the Epstein news Marie, How are you doing? Myesha Myesha K. Braden U.S. Department of Justice 1 EFTA00194445 Civil Rights Division - Criminal Section (202) 305-1483 2 EFTA00194446 Villafana, Ann Marie C. (USAFLS) From: Braden, Myesha (CRT) <Myesha.Braden@usdoj.gov> Sent: Monday, June 30, 2008 4:47 PM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Saw the Epstein news I officially left CEOS on June 21st, but I'd been on vacation since June 9th. It's something that I have wanted to do for years and I'm so happy that it finally worked out. (I applied to this section twice before going to CEOS, but didn't have enough prosecution experience for them to hire me.) I haven't met a Tammie Gregg, yet. Is she in the Criminal Section? From: Villafana, Ann Marie C. (USAFLS) [mailto:Ann.Marie.C.Villafana@usdoj.gov] Sent: Monday, June 30, 2008 4:41 PM To: Braden, Myesha (CRT) Subject: RE: Saw the Epstein news Wait - when did you move to Civil Rights? Are you working with my friend Tammie Gregg? A. Marie Villaftiha Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Braden, Myesha (CRT) Sent: Monday, June 30, 2008 4:26 PM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Saw the Epstein news I was happy about the offwnder registration, but I wondering about the damages, as the article that I read didn't mention them. Add that to the $57 million he just lost in the Bear Stearns debacle and it may actually crimp his style. (Perhaps karma took care of what DOJ didn't. Perhaps this will hold true during the civil suits.) Things in the Civil Rights Division are good. I jsut started a week ago, but they really seem to make a point of giving you every possible tool to be successful. The people here are really happy and seem amazingly stress free, considering all of the travel involved. (I'll get on a plane less often than with CEOS, but may possibly spend more time away.) The differences between the way things are managed at CEOS and the way they are managed here are downright starteling. I know that it has much to do with the fact that the section is significantly larger, older and better funded . . .but it's like a different world. From: Villafana, Ann Marie C. (USAFLS) [mailto:Ann.Marie.C.VIllafana@usdoj.gov] Sent: Monday, June 30, 2008 4:09 PM To: Braden, Myesha (CRT) Subject: RE: Saw the Epstein news So-so. Alter all the hell they put me through, I don't feel like celebrating 18 months. should be spending 18 years in jail - with his lawyers in the cell next to him. But I did get to see him leaving the courtroom in handcuffs. And he will have to pay out a minimum of $4,650,000 in damages. 3 EFTA00194447 So, how are you? A. Marie Vil!Walla Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, Fl. 33401 Phone 561 209-1047 Fax 561 820-8777 From: Braden, Myesha (CRT) Sent: Monday, June 30, 2008 2:41 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Saw the Epstein news Marie, How are you doing? Myesha Myesha K. Braden U.S. Department of Justice Civil Rights Division - Criminal Section (202) 305-1483 4 EFTA00194448 Villafana, Ann Marie C. (USAFLS) From: Braden, Myesha (CRT) <Myesha.Braden@usdoj.gov> Sent: Monday, June 30, 2008 5:33 PM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Saw the Epstein news You are right. But for your tenancity, he'd be somewhere ruining another child's life. From: VII'arena, Ann Marie C. (USAFLS) [mallto:Ann.Marle.C.Villafana@usdoj.gov] Sent: Monday, June 30, 2008 5:19 PM To: Braden, Myesha (CRT) Subject: RE: Saw the Epstein news Hi Myesha — Congratulations. I have always heard that Criminal Civil Rights is the best place to be at DOJ. Tammie is with "Special Programs" — they handle prisons, nursing homes, police departments. She is fabulous and you two would get along great. She and I worked together at the firm in Minneapolis, then she went to a firm in DC and then to DOJ. I think she has been there for around 7 years. She is a Deputy Chief now, I think. Thank you for the vote of confidence with Epstein. I am trying to focus on the fact that he would have gotten a complete walk if I wasn't so hard-headed. A. Marie Villafaiia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Braden, Myesha (CRT) Sent: Monday, June 30, 2008 4:47 PM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Saw the Epstein news I officially left CEOS on June 21st, but I'd been on vacation since June 9th. It's something that I have wanted to do for years and I'm so happy that it finally worked out. (I applied to this section twice before going to CEOS, but didn't have enough prosecution experience for them to hire ma) I haven't met a Tammie Gregg, yet Is she in the Criminal Section? From: Villafana, Ann Marie C. (USAFLS) [maifto:Ann.Marie.C.Villafana@usdoj.gov] Sent: Monday, June 30, 2008 4:41 PM To: Braden, Myesha (CRT) Subject• RE: Saw the Epstein news Wait — when did you move to Civil Rights? Are you working with my friend Tammie Gregg? A. Marie Villafeala Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 5 EFTA00194449 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Braden, Myesha (CRT) Sent: Monday, June 30, 2008 4:26 PM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Saw the Epstein news I was happy about the offwnder registration, but I wondering about the damages, as the article that I read didn't mention them. Add that to the $57 million he just lost in the Bear Stearns debacle and it may actually crimp his style. (Perhaps karma took care of what DOJ didn't. Perhaps this will hold true during the civil suits.) Things in the Civil Rights Division are good. I jsut started a week ago, but they really seem to make a point of giving you every possible tool to be successful. The people here are really happy and seem amazingly stress free, considering all of the travel involved. (I'll get on a plane less often than with CEOS, but may possibly spend more time away.) The differences between the way things are managed at CEOS and the way they are managed here are downright starteting. I know that it has much to do with the fact that the section is significantly larger, older and better funded ...but it's like a different world. From: Villafana, Ann Made C. (USAFLS) [mallto:Ann.Marle.C.Villafana@usdai.govi Sent: Monday, June 30, 2008 4:09 PM To: Braden, Myesha (CRT) Subject: RE: Saw the Epstein news So-so. After all the hell they put me through, I don't feel like celebrating 18 months. He should be spending 18 years in jail — with his lawyers in the cell next to him. But I did get to see him leaving the courtroom in handcuffs. And he will have to pay out a minimum of $4,650,000 in damages. So, how are you? A. Marie Villafafia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Braden, Myesha (CRT) Sent: Monday, June 30, 2008 2:41 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Saw the Epstein news Marie, How are you doing? Myesha Myesha K. Braden U.S. Department of Justice 6 EFTA00194450 I I Civil Rights Division - Criminal Section I (202) 305-1483 7 EFTA00194451 Villafana, Ann Marie C. (USAFLS) From: Ted Leopold <TLeopold@riccilaw.com> Sent: Monday, June 30, 2008 5:13 PM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Epstein Investigation Thanks Ann Marie. I will get back to you. p.s., Tell Janice LeClainche and Jeff Sloman hello for me. Both are good friends for mine. Original Message From: Villafana, Ann Marie C. (USAFLS) [mailto:Ann.Marie.C.VIllafana@usdoj.gov] Sent: Monday, June 30, 2008 5:00 PM To: Ted Leopold Subject: Epstein Investigation Dear Ted: Here is my c-mail address and contact information. Thank you for your assistance. A. Marie Villafaha Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 37 EFTA00194452 Villafana, Ann Marie C. (USAFLS) From: Ted Leopold <TLeopold@riccilaw.com> Sent: Monday, June 30, 2008 5:22 PM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Epstein Investigation Thanks Original Message----- From: Villafana, Ann Marie C. (USAFLS) [mailto:Ann.Marle.C.Villafana@usdoj.gov] Sent: Monday, June 30, 2008 5:13 PM To: Ted Leopold Subject: RE: Epstein Investigation I will do so. Look forward to hearing from you. A. Marie Villafaha Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Ted Leopold [mailto:TLeopold@riccilaw.com] Sent: Monday, June 30, 2008 5:13 PM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Epstein Investigation Thanks Ann Marie. I will get back to you. p.s., Tell Janice LeClainche and Jeff Sbman hello for me. Both are good friends for mine. Original Message From: Villafana, Ann Marie C. (USAFLS) [mailto:Ann.Marie.C.Villafana@usdoj.gov] Sent: Monday, June 30, 2008 5:00 PM To: Ted Leopold Subject: Epstein Investigation Dear Ted: Here is my e-mail address and contact information. Thank you for your assistance. A. Marie Villafaiia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 38 EFTA00194453 Phone 561 209-1047 Fax 561 820-8777 39 EFTA00194454 Villafana, Ann Marie C. (USAFLS) From: Ted Leopold <TLeopold@riccilaw.com> Sent: Monday, June 30, 2008 5:23 PM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Epstein Investigation ps, great job of not letting this guy off. Original Message From: Villafana, Ann Marie C. (USAFLS) [mailto:Ann.Marie.C.Villafana@usdoj.gov] Sent: Monday, June 30, 2008 5:13 PM To: Ted Leopold Subject: RE: Epstein Investigation I will do so. Look forward to hearing from you. A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FI, 33401 Phone 561 209-1047 Fax 561 820-8777 From: Ted Leopold [mailto:TLeopold@riccilaw.com] Sent: Monday, June 30, 2008 5:13 PM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Epstein Investigation Thanks Ann Marie. I will get back to you. p.s., Tell Janice LeClainche and Jeff Sloman hello for me. Both are good friends for mine. Original Message From: Villafana, Ann Marie C. (USAFLS) (mailto:Ann.Marie.C.Villafana@usdoj.gov] Sent: Monday, June 30, 2008 5:00 PM To: Ted Leopold Subject: Epstein Investigation Dear Ted: I kre is my e-mail address and contact information. Thank you for your assistance. A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 40 EFTA00194455 Phone 561 209-1047 Fax 561 820-8777 41 EFTA00194456 Villafana, Ann Marie C. (USAFLS) From: Ted Leopold <TLeopold@riccilaw.com> Sent: Monday, June 30, 2008 5:43 PM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Epstein Investigation correct. Quite a story however. Makes you wonder what a guy like this is thinking. Original Message From: Villafana, Ann Marie C. (USAFLS) [mailto:Ann.Marie.C.Villafana@usdoj.gov] Sent: Monday, June 30, 2008 5:19 PM To: Ted Leopold Subject: RE: Epstein Investigation I wish it had been more time, but this way the girls get some compensation without the horrors of a trial. A. Marie Villafaha Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Ted Leopold [mailto:TLeopold@riccilaw.com] Sent: Monday, June 30, 2008 5:23 PM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Epstein Investigation ps, great job of not letting this guy off. Original Message From: Villafana, Ann Marie C. (USAFLS) [mailto:Ann.Marie.C.Villafana@usdoj.gov] Sent: Monday, June 30, 2008 5:13 PM To: Ted Leopold Subject: RE: Epstein Investigation I will do so. Look forward to hearing from you. A. Marie Villafaha Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Ted Leopold [mailto:TLeopold@riccilaw.com] Sent: Monday, June 30, 2008 5:13 PM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Epstein Investigation Thanks Ann Marie. I will get back to you. 42 EFTA00194457 p s., Tell Janice LeClainche and Jeff Sloman hello for me. Both are good friends for mine. -----Original Message From: Villafana, Ann Marie C. (USAFLS) [mallto:Ann.Marie.C.Villafana@usdoj.govj Sent: Monday, June 30, 2008 5:00 PM To: Ted Leopold Subject: Epstein Investigation Dear Ted: Here is my e-mail address and contact information. Thank you for your assistance. A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 43 EFTA00194458 3 -4,4n. 30 — ch4k- 7- Riall,,,tailfUeA _%/___52 2_ - 00 raid? A 3)5 - 2.2_0(.3 ib 737/ •-• topt7E— EFTA00194459 Villafana, Ann Marie C. (USAFLS) From: Sloman, Jeff (USAFLS) <1Sloman@usa.doj.gov> Sent: Wednesday, June 25, 2008 8:46 AM To: Villafana, Ann Marie C. (USAFLS) Subject: Re: Jeffrey Epstein Agreement I have a dr's apptmt @ 10:45 in ftm laud so call me on my cell. Original Message From: Villafana, Ann Marie C. (USAFLS) To: Sloman, Jeff (USAFLS) Sent: Wed Jun 25 08:39:31 2008 Subject: RE: Jeffrey Epstein Agreement Hi Jeff -- I think I have designed a solution to the 2255 issue and I will call you to discuss the plea. I am still finishing up these search warrants. As soon as they are done, I will give you a call. A. Marie Villafafla Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, Fl. 33401 Phone 561 209-1047 Fax 561 820-8777 Original Message From: Sloman, Jeff (USAFLS) Sent: Tuesday, June 24, 2008 9:14 PM To: Villafana, Ann Marie C. (USAFI,S) Subject: Re: Jeffrey Epstein Agreement Let's talk about going to the COP Original Message From: Villafana, Ann Marie C. (USAFLS) To: Roy BLACK <RBLACK@royblack.com>; Jack Goldberger <jgoldberger®agwpa.com> Cc: Atkinson, Karen (USAFLS) Sent: Tue Jun 24 16:04:55 2008 Subject: Jeffrey Epstein Agreement Dear Roy and Jack: I am just writing to re-state that it is the Government's position that we have a signed, binding agreement and that there is no need for further modification. Please keep us informed of the date and time of the change of plea and sentencing. Thank you. A. Marie Villafatia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, Fl, 33401 Phone 561 209-1047 Fax 561 820-8777 EFTA00194460 Villafana, Ann Marie C. (USAFLS) From: Sloman, Jeff (USAFLS) <JSIoman@usa.doj.gov> Sent: Wednesday, June 25, 2008 6:05 PM Cc: Villafana, Ann Marie C. (USAFLS) Subject: Fw: Revised Victim Notification Attachments: U.wpd This simplifies it. What do u think? ---- Original Message --- From: Acosta, Alex (USAFLS) To: Sloman, Jeff (USAFLS) Sent: Wed Jun 25 18:00:14 2008 Subject: RE: Revised Victim Notification What do you think <<U,wpd>> «avipd>> From: Sloman, Jeff (USAFIS) Sent: Wednesday, June 25, 2008 5:43 PM To: Acosta, Alex (USAFLS) Subject: FW: Revised Victim Notification From: Villafhna, Ann Marie C. (USAFLS) Sent: Wednesday, June 25, 2008 5:25 PM To: Sloman, Jeff (USAFLS); Senior, Robert (USAFLS); Atkinson, Karen (USAFLS) Subject: Revised Victim Notification Ili Jeff — I have tried to phrase it in a way that suggests that, since Epstein has performed certain provisions, it is now our turn to perform. << File: Revised Victim Notification.wpd >> A. Marie Villafafla Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 9 EFTA00194461 Villafana, Ann Marie C. (USAFLS) From: Simian, Jeff (USAFLS) <JSIoman@usa.doj.gov> Sent: Thursday, June 26, 2008 11A8 AM To: Villafana, Ann Marie C. (USAFLS) Subject: Re: Jeffrey Epstein Gr8. BTW what about a factual proffer? -- Original Message --- From: Villafana, Ann Marie C. (USAFLS) To: Roy BLACK <RBLACIC@royblack.com>; Jack Goldberger lgoldbergen@agwpa.com> Cc: Atkinson, Karen (USAFLS) Sent: Thu Jun 26 11:16:04 2008 Subject: Jeffrey Epstein Dear Roy and Jack: I have been reviewing the deferred prosecution agreement and wanted to remind you that the agreement states: "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." Please provide me with any proposed agreements at your earliest opportunity, and also please provide me with the date and time of the change of plea. Thank you. A. Marie Villafatla Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 10 EFTA00194462 EFTA00194463 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Thursday, June 26, 2008 11:16 AM To: Roy BLACK; Jack Goldberger Cc: Atkinson, Karen (USAFLS) Subject: Jeffrey Epstein Dear Roy and Jack: I have been reviewing the deferred prosecution agreement and wanted to remind you that the agreement states: "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." Please provide me with any proposed agreements at your earliest opportunity, and also please provide me with the date and time of the change of plea. Thank you. A. Marie Villafatla Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Tracking: EFTA00194464 U.S. Department of Justice United States Attorney Southern District of Florida VIA FACSIMILE Michael R. Tein, Esq. Lewis Tein, P.L. 3059 Grand Avenue, Suite 340 Coconut Grove, FL 33133 Re: Jeffrey Epstein Dear Mr. Tein: 500 South Australian Ave., Suite 400 West Palm Beach, FL 33401 (561) 820-8711 Facsimile: (561) 820-8777 July 17, 2008 The Office has reviewed your "Notice of Continued Pendency of Federal Criminal Action," and we feel that it misrepresents the posture of the federal investigation. For example, you cite to In re Grand Jury, No. FGJ 07-103 (WPB), as evidence that the federal criminal action remains pending. That is a citation to Mr. Epstein's Motion to Quash a subpoena for computer equipment removed from Mr. Epstein's home after he and his attorneys were aware of the existence of the state investigation. Pursuant to the Non￾Prosecution Agreement, that motion was supposed to have been withdrawn several months ago, and, therefore, is not "pending" in our estimation. The Non-Prosecution Agreement calls for deferment of federal prosecution "in favor of prosecution by the State of Florida, provided that Epstein abides by the [enumerated] conditions and the requirements of th[e] Agreement .. ." (Non-Prosecution Agreement, p. 2 (emphasis added).) One of those conditions is Epstein's agreement that the subject Jane Does, while minors, were victims of a violation of an offense enumerated in Title 18, United States Code Section 2255, and that they "will have the same rights to proceed under Section 2255 as [they] would have had if Mr. Epstein had been tried and convicted of an enumerated offense." (United States Attorney's December 19, 2007 letter to Lilly Ann Sanchez.) If, in fact, your position is that the federal criminal action is still pending such that the Court must stay the civil proceedings, then the Office proposes that we seek the prompt resolution of the Motion to Quash, so that the computer equipment can be analyzed and the EFTA00194465 MICHAEL TEM, ESQ. JULY 17, 2008 PAGE 2 federal investigation can continue. If, instead, Mr. Epstein intends to fully abide by the Non￾Prosecution Agreement, then the "federal Grand Jury investigation will remain suspended, and all pending federal Grand Jury subpoenas will be held in abeyance unless and until [Epstein] violates any term of [the Non-Prosecution Agreement]." (Non-Prosecution Agreement, page 5.) Please advise whether you intend to correct the representations to the Court regarding the status of the federal investigation. Sincerely, It Alexander Acosta United States Attorney By: cc: Jack Goldberger, Esq. Karen Atkinson, Esq. A. Marie Villafafia Assistant United States Attorney EFTA00194466 U.S. Department of Justice United States Attorney Southern District of Florida A. Mark Villafalia 500 S. Australian Ave, 4th Floor West Palm Beach, Florida 33401 (561) 820-8711 Facsimile (561) 820-8777 FACSIMILE COVER SHEET. TO: Michael It Tcin FAX NO. 305-442-6744 PHONE NO. 305-442-1101 TO: Jack Alan Goldberger FAX NO. 561-835-8691 PHONE NO. 561 659-8300 DATE: July 17. 2008 # OF PAGES: 3 RE: Jeffrey Epstein FROM: A. MARIE VILLAFARA. Assistant U.S. Attorney PHONE NO. 561 209-1047 COMMENTS: EFTA00194467 U7/17/U4 la:17 FAX 15616594528 USAO WEST PALM 17/001 TRANSMISSION OR *******************ss *s* TX REPORT **s *****************t*** TX/RI NO 3957 CONNECTION TEL 8358691 SUBADDRESS CONNECTION ID ST. TIRE 07/17 18:16 USAGE T 00'42 PGS. SENT 3 RESULT OK U.S. Department of Justice United States Attorney Southern District of Florida A. Marie Viiia/ala 500 S. Australian Ave, 4th Floor West Palm Beach, Florida 33401 (561)820-8711 Facsimile (561) 820-8777 FACSIMILE COVER SHEET TO: Michael It. Tein FAX NO. 305-442-6744 PHONE NO. M-442-1101 TO: Jack Alan Goldberger FAX NO. 561-835-8691 PHONE NO. 561 6594300 DATE: July 17.2008 # OF PAGES: 3 RE: Jeffrey Epstein FROM: A. MARIE VILLAFARA. Assistant U.S. Attorney PHONE NO. 561 209-1047 EFTA00194468 07/17/08 18:18 FAX 15810504528 USAO WEST PALM Fool TRANSMISSION OK ********************3 *** TX REPORT gm ********************* TI/RX NO 3958 CONNECTION TEL 13054428744 SUBADDRESS CONNECTION ID ST. TIME 07/17 18:17 USAGE T 01'04 PGS. SENT 3 RESULT OK U.S. Department of Justice United States Attorney Southern District of Florida A. Marie Villafaha 500 S. Australian Ave, 4th Floor West Palm Beach, Florida 33401 (561) 820-8711 Facsimile (561) 820-8777 FACSIMILE COVER SHEET TO: Michael R. Tein FAX NO. 305-442-6744 PHONE NO. 305.442-1101 TO: Jack Alan Goldberzer FAX NO. 561-835-8694 PHONE NO. 561 6524300 DATE: July 17, 2008 # OF PAGES: 3 RE: Jeffrey Epstein FROM: A, MARIE VILLAFAICIA, Assistant U.S. Attorney PHONE NO. 561 209-1047 EFTA00194469 Villafana, Ann Marie C. (USAFLS) From: Levy, Mike (USAPAE) Sent: Thursday, July 19, 2007 6:42 PM To: King, Damon; Corbet, (USACAC); USAEO-PSC-Coordinators Subject: RE: Disclosing identifying In o mation about victims Take a look at the comments to Rule 16. In the mid-1970s Congress rejected an attempt by the Rules Committee to require disclosure of witnesses' names and addresses. The congressional material with the rulet may prove helpful. From: King, Damon Sent: Thursda iii Jul 19, 2007 2:37 PM To: Corbet, (USACAC); USAEO-PSC-Coordinators Subject: RE: Disc osing identifying information about victims Jen: We're not aware of any rule that requires the Government to provide the address of a victim, child or not. Of course, the defendant is entitled to conduct his own investigation which may reveal victim address information and in the age of public databases (ChoicePoint, Lexis/Nexis, etc.), it Is prudent to assume that trhough the defendant's own investigation this information will be obtained. We've had good experiences/results by getting a Guardian ad Litem GAL appointed under 3509 (along w/employing the other provisions in the sections) and found it to be a very helpful in legal mechanism to employ to protect the child victims from harassment and intimidation, with the additional benefits and ensuring appropriate services are provided to the child and facilitating the child's testimony. I've attached some samples from In a sex trafficking case involving a wealthy defendant and 3 minor victims which the court granted over defense objections/opposition. Of note, intimidation and harassment of the child victim can be discouraged to some degree through this mechanism without necessity of obtaining a protective order because once a GAL is appointed to represent a child, the child would be a "person represented by counsel" under the Rule 4.2 of the ABA Model Rules of Professional Conduct precluding the defense attorney (or person on the atty's behalf) from speaking with the child victim w/o permission from the GAL (of course, the prosecutor would need to get the same permission). As note 2 to the rule states, "This Rule applies to communications with any person who is represented by counsel concerning the matter to which the communication relates." Some additional resources that may be helpful are attached such as the Attorney General Guidelines on Victim and Witness Assistance 2005 Article VI (Guidelines for Child Victims and Child Witnesses), USA Bulletin articles, and the ABA Guidelines for GALs. - dak Damon A. King Deputy Chief Child Exploitation and Obscenity Section Criminal Division United States Department of Justice 1400 New York Ave. N.W. Suite 6400 Washirigton, DC 20005 (w) 202-353-7304 (I) 202-514-1793 From: Corbet, (USACAC) (mailto Sent: Wednesday, July 18, 2007 9:15 PM To: USAEO-PSC-Coordinators Subject: Disclosing identifying information about victims Defense counsel in our district have been getting very aggressive about attempting to interview minor victims in production and trafficking/prostitution cases. Their current m.o. is to demand early in the case that we provide the victim's address or they threaten to file a motion to compel disclosure of the information. Has anyone responded to such a motion, or have any advice about how to respond? Jen Corbel, CDCA EFTA00194470 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA - Certified to be a true and correct copy of the—original, Carlos Juenke, Clerk S. Metric urt So is Distri f Florida Date .Dieyuly Clerk CASE NO. 06-80020-.CR-HURLEY/VITIMAC UNITED STATES OF AMERICA, Plaintiff, vs. JOSEPH SUTERA, ERIC RESSNER, AUGUSTIN CASTELLLANOS, ROBERT CATANESE, and STEPHANIE MIRANTE, Defendants. / FEB - 3 2006 CLARENCE MADDOX. . CLERK V.S. DIST. CT. E.O. OF FIA. • W.P.H. UNITED STATES EX PARTE APPLICATION FOR ENTRY OF POST-INDICTMENT PROTECTIVE ORDER AND MEMORANDUM OF LAW The United States of America, makes application to this court, pursuant to 18 U.S.C. § 982(b)(1) and 21 U:S.C. § 853(e) (1)(A)s, for a restraining order to preserve the avail'abil'ity of: %Certaill property that is subject to forfeiture in the above-styled criminal action. The United States requests that this Court enter an order restraining and prohibiting the following from alienating the assets identified in this motion or from engaging in any condUct that would depreciate, damage or in any way diminish the value of the assets: FILED by D.C. EFTA00194471 a. The jdefefident JOSEPH SUTERA ("Defendant"), individuaily, _ . and as an offider and/or'beneficial owner of any corporate entity, - his agents, servants, employees, attorneys, family members, heirs, and those persons in. concert or participation with b. Ail ebose persons who may be entitled to possession of any portion of the properties restrained herein, whether by virtue of a claim of title, security interest, lien, judgment, contract, or any other legal or equitable basis, including but not limited to--. the defendant's wife, Evelise B. Sutera; and c. All financial institutions; holding any accounts subject to this order. It is also requested that the financial institutions be prohibited from taking offsets against such accounts, and that they continue to credit any deposits, interest, dividends,_ or other credits to such accounts in the normal course of, business, and such deposits, interest, dividends, and other credits shall be'subject to this order. I'. INTRODUCTION On February 2, 2006, a federal grand jury in the. Southern. DiStrict 'of' Florida- returned an eighty-four count -indictMent￾against defendant, JOSEPH SUTERA, and others. The defendant is chargedmith violations of 18 U.S.C. SS 371, 1347, 1001, involving health care fraud and 18 U.S.C. § 1957, involving money lAundering, A copy of the Indictment is attached hereto as Exhibit. "A" and incorporated herein. As part of said indictment, the United States 2 EFTA00194472 'is seeking criminal forfeitdge pi.fraudrit to:18 U.S.C.. §§ 982(a) (1) • - and (a) (7) of the following assets: a. The CONTENTS of the defendant's residence located at• 912 Mill.Creek.Drive, Palm Beach Gardens, Florida, incAuding:Apup limited to a grand piano, consumer electronic equipment., indluding stereo systems and television sets, artwork, fixtures; decorator items, and furniture. b. Contents of IDS Life Insurance Company IRA Account number 93-107241382-2-004 in the name of Joseph Sutera. c. Contents of IDS Life Insurance Company IRA Account number 93-107241388-9-004 in the name of Joseph Sutera's d. IDS Life Insurance Company life insurance policy number 9090-6909552-1-004 in the name of defendant Joseph Sutera and his wife. e. IDS Life Insurance Company life insurance policy number 9090-7233747-2-004 in the name of defendant Joseph Suter.ifs:wite;- f. Wachovia Bank account number 1010110078678 in the name.pf: defendant Joseph Sutera. Wachovia Bank account number 2000021128710 in the name:of.:.... MRF Inc., d/b/a The Medicine Shoppe Pharmacy. h Wachovia Bank account number 1010055623793 in the name of defendant Joseph Sutera's wife. By this motion, the United States seeks an order restraining. the transfer, alienation or dissipation of the above listed assets.. :.,. 3 EFTA00194473 AFFIDAVIT OF JAY CURTIS SCHEURER T1S SCHEURER, being first duly sworn on oath, hereby swear and affirm • • as follows: INTRODUCTION •.• 1. I am Currently employed by the United States Food mid Drug Administration, Office of Criminal Investigations (FDA/OCI) as a Special Agent and have been so-employed since • May, 2002. I have approximately nine years of prier law enforcement experience as a Special Agent with the United States Department of Education, Office of Inspector General. I am currently assigned to the FDA/OCI Miami Field Office, Plantation, Florida, with the responsibility of investigating violations of the Federal Food, Drug, and. Cosmetic Act, (hereinafter "FD&C Act"), distribution of controlled substances under Title 21, and related crimesiincluding financial fratid and money laundering. I have received training frit the United States Food and Drug Administration (FDA) in. conducting investigations regarding the illegal distribution of controlled substances and other pharmaceuticals as well as training in the investigation of fraud and money laundering whales. 2. I am part of an investigative team which includes law enforcement officers from • • FDA/OCI, the Federal Bureau of Investigation, Postal Inspection Service Inspectors,. and.: Inspectors from Drug Enforcement Administration's (DEA) biversion unit. Members of F.. the team have significant experience and training in the investigation of both pharmaceuti6a1 drug violations and financial crimes. Members of the team have.also consulted with numerous experts, including those in the chemistry and. insurance claims. • • GOVERNMENT EXHIBIT • 4 ms&rtailutilna fPittadi and... correct copy of the original, Carl •s Juenke, District Co Sou il District Date ty Clerk . • . .. EFTA00194474 3. Since aPpr0ximately isiarch;'1004,'We haviheen intestigationtitunitrerHot • .. • individuals including Toseph Sutera, a licensed pharmacist who, from appitodmately .June, 2001 to September, 2005, owned of The Medicine Shoppe, a retail pharmacy • lOcateil at 3365 Burris Road, Suite 104, in Palm Beach Gardens; Florida. 4. On February 2, 2006, a federal grand jury in the Southern District of Florida indipted . .. • .• • • Joseph Sutera and others for conspiracy to commit health care fraud, in violation of 18. § 371; health care fraud in violation of 18 U.S.C. §1347; false statements to law enforcement, in violation of 18 U.S.C. §1001;.and moneylaunciering, in violation of 18 U.S.C. § 1957. The indictment also included the forfeiture of the following assets associated with Sutera: A. A stun of $9,941,761.44 in United States currency representing the groas proceeds obtained as ti result of the offense. The contents of his residence located at 912 Mill Creek Drive, Palm Belch Gardens; Florida, including but not limited to a grand piano,consumer electronic . • equipment, including stereo sYstems•and television sets; artwork, nxttires,•and. decimator items, and furniture. C. . PrOceeds lathe amount of approximately$362,083.32 from' he sale of a parcel of • . real estate formerly deeded to defendant JOSEPH SUTERA located at Nature Court, Palm Beach Gardens, Florida. . D. Proceeds in the amount of approximately $396;793.25 from the sale of a parcel of real estate formerly deeded to defendant JOSEPH SUTERA located at Palm - Bay, Palm Beach Gardens, Florida. E. Proceeds in the amount of approximately $150,275.98 from the sale of a parcel of EFTA00194475 real estate formerly deeded to Stab), assoCiatedTivith defendant' • • • JOSEPH SUTERA, (ticked:at Indiainevin Road;Jupiter, Florida: • . . F. . Proceeds in the amount of approximately $34,023.58 from the sale of a parcel of real-estate forinerly deeded to defendant JOSEPH SUTERA located at:Santa • Barbara Way, Palm Beach Gardens, Florida. G. • proceeds received from a Mortgage in the amount of approximately $20,000.00 recorded on a parcel of real estate formerly deeded to defendant-JOSEPH SUTERA located at Santa Barbara Way, Palm Beach Gardens, Florida. Said mortgage was recorded on August 20, 2004, at Book 17424, Page 201 of the records of Palm:Beach County, Florida. Contents of IDS Life Insurance Company IRA Account number 93-107241382-2- 004 in, the name of defendant JOSEPH SUTERA. Contents of IDS Life Insurance.Company IRA Account number 93-107241388-9- 004 in the name of defendant JOSEPH SUTERA's wife. J. IDS Life Insurance Company life insurance policy number 9090-6909552-1-004 . in the name of defendant JOSEPH SUTERA and his wife. • • IDS Life Insurance Company life insurance policy number 9090-7233747-2-004.. • . in the name of defendant JOSEPH SUTERA's wife :: • L Wachovia Bank account number 1010110078678 in the name attendant • • • JOSEPH SUTERA. M. Wachovia Bank account number 20000211287710 in the name of MO Inc., d/b/a •. . The Medicine Shoppe pharmacy. • • Wachovia Bank account number 1010055623793 in the name of defendant EFTA00194476 ••••••••-• —lost-PH STIEMays wife .. . • . . • ante Presidential Rolex Watch with diamonds, acquired on or about January 12,' • 2003 for approximately $15,875.00, from Rained Jewelers. 5.. • Private health insurinde companies pay on phaimaceatiCal claims based upon . . information received. from pharmacies about prescriptions that they have been asked to . . fill by physicians. In most cases, payment is made directly to the subscribing pharmacy. These claims, and payments made on these claims, are most often transmitted by • interstate wire or by private or public mail. The claim information suburitted by the phannaoY includes, among other things, the name of the patient, the name of the preicribing physician, and the type and quantity of medication prescribed. Insurance companies rely on the information in the claim to be true and accurate, and do not . regularly conduct independent audits of claims prior to paythent. Materially falai and fraudulent claimaor payment include claims for drugs that were not prescribed, were not. delivered to patients named on the claims. A substantial number.of the claims were for Ketamine, a schedule DI controlled substance With a reimbursement to the pharmacy of approximately $1,000 per claini. 6. Evidence of the scheme includes the pharmacy's database, taken nal search on August •• • 26, 2004, which shows more than $17 million in claims submitted to various insurance ,. companies, backed up by the insurance companies' records.. • 7. Proof of the falsity of a substantial number of the claims includes the statements of • numerous doctors who were interviewed as part of the investigation, a substantial number ,. . of whom stated that they never prescribed Ketamine or most of the other drugs for whiCh claims were submitted under their names. Patient records from these doctors corroborate EFTA00194477 • their statements as, in many instances, the riamei of thilitienfa for blights were • associated with dick names were not even patient's of that &dor'. 8. At least two physicians have admitted to conspiring with Sutera to falsely substantiate prescriptioni for the prescription drug claims subniitted through the Medicine ShoPpe•to• private insurance companies.for his compounded cream containing Ketamine or . • BUpiyacaine. 9. In Wilton, numerous patients were interviewed. Most of them stated that they did not kpow their names were being used for the clainis and that they either never received the :medications, including the Ketamine cream, for which claims were submitted in their names, or never requested or received prescriptions for drugs which were sent to theni. 10. Further, at the.time of the se-arch; Sutera admitted to one of the agents that he had been submitting false claims. • • 11. All known insurance payments for false and fraudulent prescription drug claims..from the. . . private insurance companies were deposited into the accounts of The Medicine Shoppe • and commingled with insurance payments for legitimate claims. 12. An analysis was conducted of the bank records for successive operating business bank accounts maintained by The Medicine Shoppe, including the last known account, Wachovia account number 200002-1128710. This analysis revealed that from july.2901 through May 2005 approximately $9,941,761.00-was deposited into these accounts from. private insurance companies. Inspection of copies of the deposited checks indicated that . . these funds represented payments for claims filed by The Medicine Shoppe,:. . .13. An analysis was conducted of the bank records for the personal bank accounts maintained by Joseph Sutera, including Wachovia account number 101011007.8678.. EFTA00194478 This analysis revealed that from July 2061 through May 2005.aPproximately $4,306,129.00 was deposited into these accounts. 14. Affiant interviewed Martin Fields, who owned The Medicine Shoppe pharmacy from • •' . • • beceniber.1999 through approximatelylune 2001.when he sold it to Joseph Sutera: Martin Fields advisedlhat during the apprOxiMately18 mcnithethat he owned The Medicine Shoppe pharmacy it lost between $70,000 and $80,000. Martin Fields sold The Medicine Shoppe pharmacy to joseph,Sutera in exchange for Sutera taking over.Field? franchise payments to.Medicine Shoppe International. At the time of this transaction Fields owed Medicine Shoppe.Inteinational approximately $170,000. 15. My investigation has revealed that Joseph Sutera filed a voluntary petifion•for bankruptcy • . . . bearing Docket # 97g2416 on 5/16/97. In the petition Joseph Sitters listed his addrest as • 1420 Ocean Way, Bldg 8B, Jupiter, Florida a property belonging to his sister, Sullen • Sutera. At the time of filing, Joseph Sutera claimed $125 in assets and $1,594,726 in liabilities and listed himself as unemployed with $1,750 in monthly income in the form • of friends and fatnili, paying his eiperisea. Sutera received a discharge as of 10/8/97.. • 16. I also interviewed individuals who advised me that Sutera told them he had no assets at • the time he purchased the pharmacy, and that Sutera had to borrow approximately $80,000 in order to purchase the pharmacy in 2001. In a personal financial statement' submitted in 2003 as part of a loan application, Supra indicated that he received salary payments in excess of $500,000 per year from•the Medicine Shoppe and only $800 per month from investments. ASSETS TO BE RBSTRANED 17. The contents of the property located at 912• Mill Creek Drive, Palm Beach Gardens, EFTA00194479 • . Florikthe perionaliesidenee of cosephSutera; including but riot lifilitedjoThe. PS ".• . . " . P • •••• • • • • piano, stereo and video equip-inent; finniture, fixtures, artwork and deconitot items. An-- ' - • analysis of the bank records of Joseph Sutera and MRF Inc. has revealed that front shortly before the date of the closing on the purchasOof the residence through August 27;4064.: .• • . . . . • • . . . Joseph Sutera paid Dominque Marriano Interiors a total of $292,093.11 ibi.interior design, . . . funiiture and other i'mprovements. Records provided by Carl's Patio and Furniture Conipanies indicate that between August 2003 and April 2005 $31,758.65 Worth of • fumiture was purchased by Joseph Sutera and delivered to 912 Mill Creek Drive, Palm Beach Gardens, Florida. Records provided by Showplace Interiors, a furniture and interior design business located in Palm Beach Gardens, Florida indicates that between November • 2002 and December 2003 Joseph Sutera purchased $50,915.86 worth of furniture and decorator improvements for 912 Mill Creek Drive, Palm Beach Gardens, Florida Records • provided by Skeffington Furniture Company of Jupiter, Florida indicates that on.or 'about July 14, 2003 $14,67,1.92 worth of furniture was purchased by JosephSuteraattd delivered to 912 Mill Creek Drive, Palm Beach Gardens, Florida, Records provided by Mark • Gregory Piano Gallery of Lake Part, Florida indicate that on or about September 13, 2003 Joseph Sutera purchased a grand piano for $55,120 that was delivered to 912'MillCreek. • Drive, Palm Beach Gardens, Florida: Records and testimony provided bySQund,ildvice Dania Beach, Florida based stereo and televisicin retail store indicate that behveen•June • 2001 and June 2005 approximately $492,892.64 worth of consumer audio/visual •• • • equipment including numerous flat panel LCD television sets were purchased by Joseph : Sutera. Sound Advice records and testimony from the primary sales. representative:for. these purchases indicate that the items were delivered to and/or installed at 912 Mill Creek . EFTA00194480 BeaCh Gardens, Florida:. 18, Calitentiot Wachovia Bank Account #1010110078678 in the name of Joseph. Sutera. • Evidencesecuied during my investigation indicates that:as of at least May 2065. Joseph Sitters maintained this personal bank account at Wachoyia Bank into which payroll Checks.:. from The Medicine Shcippe pharmacy were automatically deposited. The laSt known balance in this account as of January 17, 2006 was $252.68.. 19. Contents of Wachovia Bank Account #2000021128110 in the name of Mlinic. DBA Medicine Shoppe Pharmacy. Evidence secured during my investigation indiCates that as of it least May 2005 Joseph Sutera maintained this business bank account in the mine of MRF Inc. DBA Medicine Shoppe pharrnacy at Wachovia Bank into which both fraudulent and legitimate receipts were being deposited. Deposits in May 20005 totaled $60,753.48. • - The last known balance in this account as of January 17, 2006 was S6.38. • 20. Contents of Wachovia Bank Account #1010055623793 in the name of Evens° B. Sutera. Evidence secured dining my investigation indicates that as of at least May 2005 Evelise : • Sutera, wife of Joseph Sutera maintained this personal bank account at Wachovia Bank . into which payroll checks.from The Medicine Shoppe pharmacy were automatically deposited. The last known balance in this account as of January 18, 2006 was $1420.15. • • . • • 21. Contents of IDS Life Insurance CompanySEP IRA Account #93-107241382,2-004:.i0*-.:: mime of Joseph J. Suteri. On or about October 27, 2003 Joseph Sutera arranged for MRF... Inc. DBA Medicine Shoppe Pharmacy to provide employer funded SEP IRA accounts for employees of MRF Inc. including himself. These account were, established with IDS Life: • •• • • Insurance Company, an affiliate of American Express Corporation. Funding for these SEP • IRAs came exclusively from the operating account of MRF Inc. The latest reported EFTA00194481 balance in the SE? IRA lecountin the name of Joseph Wein as October 27;.2005, $47,041.20. 22. Contents of MS Life Insurance Company SEP' IRA Account #93:107241388-9-004 in the name of Evelise B. Sutera. On or about October 27, 2003 JosephSuter! arranged for MRF - • Inc. DBA Medicine Shoppe Phalli:meito provide employer funded SEP IRA accounts for employees•of MREInc. including his wife, Evelise Sutera.. These accounts were. established With IDS Life Insurance Company, an affiliatenf American Express Corporation. Funding for these SEP IRAS came exclusively front the operating account of MRF Inc. .My investigation has revealed that Evelise Sutera did not work at The Medicine Shoppe pharmacy and was not a bona fide employee. The latest reported balance in the SEP IRA account in the tiame of Evelise Sutera as of October 27, 2005 was $15,922.03 . 23. IDS Lifeinsurance Company Life Insurance Policy #9090-6909552-1-004 in the name of Evelise B. and Joseph J. Sutera. On or about February 12, 2002 Joseph and Evelise Sutera secured a joint $250,000 variable universal life insurance policy from IDS Life Insurance • Company, an affiliate of American Express Corporation. This policy required quarterly • ' premium payments of $5,255.28. Between Februaty 2002 and March ZOOS a total of $68,318.64 in premium payments were made by JoSeph Sutera from either the operating account of MRF Inc. or from his personal bank account at Bank of AmeriCa. The reported cash surrender value of this policy as of June 21, 2005 was $54,516.34. . • 24. MS Life Insurance Company Life Insurance Policy #9090-7233747727004 in the.name of . Evelise B. Sutera. On or about February 11, 2002 Jbseph Sutera secured a. $300,000 20- year term life insurance policy on his wife, EVeliseSutera for which Joseph Sutera was the primary beneficiary. On or about 10/7/03 this policy was converted to a poo,000 variable EFTA00194482 • . 6 .. „universal Ilte.policy.. A new policy number of 90907233747 was assignedafthiittime. • 130;veen FebrUary 2002 .and April 2005"a total of $21,852.62 in proniiiim payments Were ' made on this policy. With the exception of one payment pf $312 niade from an account in • the name.of Eveliie Suteta in March 2003; Joseph Sutera made all paymentS•front either..the operating account of MRF Inc. or from his personal bank account at Bank of America. The reported cash surrender value of this policy as of June 21, 2005 was $18,583.16. I declare under penalty of perjury that the information contained herein is true and Correct. FURTHER YOUR AFFJANT SAYETH NAUGHT . • 99 CC-77-TH JAY SCHEURER, SPECIAL AGENT, U.S. FOOD AND DRUG ADMINISTRATION • . . Sworn to and subscribed before me • this j_ _day of February, 2006 EFTA00194483 EFTA00194484 AFFIDAVIT MS CAI< riek-oka (r i) litt Cali 1/99' 7 - -and-Explosives-(-MT) and have been so em Toyed since July of-2 . Rye. to 1, ClArr-t441tiaini 41"eat -iv (A. Victteg - crinnit 0/ (An Wed - edit ATFrgentl-served4s-aPoliee-Officer-for--approxima gLacir'DV°' cit Of y e ray Stack of-Eton Ni. ar PTolice-Depariniest. I have. received specialized training ciekt4 O>I4010froil. regarding the investigation ancl-enfereeFfienyf federal fire violations and have tALa investigated subjects who are unlawfully dealar Enisvh4revt ) 'd?fii‘,,mits t to 1-11 (/4 ;irk INV•Inat S -.4-nnvistecl-felensr and-who-unlawfally-possess-ortransfercertahrtypes-of-firearms, I I, SeHriv1:-Berger, being duly s om, depose and state: Fee/Lk-act 61A-re-otk. Micch 1. I am a Special Agent (S/A) with the Bureau ntalsolielr T-ebacco7 f TMS /`ive a,) ann -silencers;mitehim. guns, biarreled-rifles-orshotgims7terructive-devicesvor-±tany_ -.ether wearnriSr initiolafiOn.of the National FirearmsAtatAD: 2. The facts contained in this affidavit are based on my own personal knowledge as well as information provided to me by other law enforcement officers and witnesses. Because this affidavit is made for the limited purpose of securing the issuance of a search 1;24,1141:1442;24eg.sectAid7-aff warrant pursuant to 26 U.S.C. § 7302 to seize a Ellocr Taa NuirAiLar Nqotkre.) --WDBLIF26114A451-1-541 it does not contain all the details of this investigation. 3. On August 3 2005, your affiant was contacted for assistance by West Palm Beach Police Department (WPBPD) Vice Agent Rich Birch regarding JOSEPH E. PELUSO, III, (hereinafter "PELUSO"), a W/M, DOB: 09-02-1968, Florida DL# P420- 485-68-322-0, who was alleged to be in possession of machine guns. Agent Birch had received information from a WPBPD confidential informant (hereinafter "CI") who had previously provided reliable information to Agent Birch that PELUSO had offered to sell 1 EFTA00194485 the CI machine s, firearm silencers, and grenades in the past and still had some available for purcha e. Your affiant documented the CI as an ATF informant. The CI has a pending c case and hopes that if he/she assists the government it may ultimately lead to a red lion of the CI's sentence. 4. Your affiant ra a criminal check on PELUSO and learned that PELUSO did not have any felony or dom tic violence convictions and was therefore not prohibited under the law from possessin: firea►ms or ammunition. A criminal history check revealed that PELUSO was arr ted in 2002 by the Riviera Beach Police Department for aggravated assault with a deadl weapon without intent to kill, but court records show that the case was dropped. 5. The CI identified PELU from a photograph. The CI also stated that PELUSO has tattoos from the bottom of his neck to his wrists and has one on his chest that says "only God can judge me." Th- CI also told your affiant that PELUSO drove a black colored Hummer with a Florida nalized tag of SPEEEED. A Department of Motor Vehicles records check revealed tha PELUSO resided at 244 East 25th Street, Riviera Beach, FL 33404 and had a black H er with the Florida tag SPEEEED registered to him at that address. Your affiant so learned that PELUSO has a current concealed weapons permit in the State of Florida. 6. On November 21, 2005, the CI provide our affiant with PELUSO's home telephone number of (561) 882-1392 and a cell phone umber of (561) 779-5644. 7. On the morning of November 22, 2005, the C ade a series of controlled calls to PELUSO and left messages for PELUSO to return i call. At approximately 12:16 pm, your affiant, S/A Vincent Holmes, and the CL went • the Steelworks, 2 EFTA00194486 Piercin: and Tattoo parlor, located at 4246 Okeechobee Boulevard, in West Palm Beach, Florida, b ause the CI said that PELUSO frequented that tattoo parlor. Your affiant observed PE ►USO driving his black Hummer with the tag SPEBEED in the parking lot of the tattoo p or. 8. Several nutes later, at approximately 12:19 pm, the CI's cell phone rang and the telephone numb • r on the Cl's cell phone's caller identification was (561) 682-9111, which was the teleph e number for the tattoo parlor. The CI repeatedly received calls on his cell phone from e tattoo parlor between 12:19pm and 1:01pm. During one of the calls your affiant instruct== the CI to answer the phone, and it was PELUSO. At your affiant's direction, the CI to • PELUSO that the CI would have to call him right back. This call was not recorded. 9. At approximately 1:0 pm, CI made a recorded call to (561) 682-9111. During the call, the CI spoke to P USO, who said that he had been trying to call the CI because he had eight triple x vests ( h is street terminology for bullet proof vests). PELUSO went on to say that he had alt.: dy sold the vests, but that he had a couple of "toys" (which is street terminology for ), and wanted the CI to stop by the tattoo parlor. After that call, ATF agents went to e tattoo parlor and observed PELUSO's Hummer parked outside. 10. In preparation for the CI's meeting 'th PELUSO at the tattoo parlor, your affiant searched the CI and the CI's vehicle, and n• contraband was found. Your affiant then provided the CI with a recording device which CI consented to wear. At approximately 1:31pm, CI went to the tattoo parlor at Okeechobee Blvd., West Palm Beach, Florida. ATF agents conducted a surveillan7 of the CI and the tattoo 3 EFTA00194487 parlor. A proximately 1:41 pm, the CI entered the tattoo parlor and met with PELUSO. S rtly thereafter, both the CI and PELUSO walked outside to PELUSO's Hummer. 11. The who is a previously convicted felon, and PELUSO discussed the various guns that P t USO was selling. PELUSO said that he had an HK pistol with a threaded barrel for a s ressor which he was getting ready to take to Stuart. When asked about the price of e pistol, PELUSO said that he had $1,500 into it. According to PELUSO, the HK pistol w s brand new. PELUSO then opened the fanny pack that he was wearing and showed the his HK pistols. PELUSO told the CI that one was a HK Socom and the other was an compact, and that SWAT teams used them. 12. During the Novembe 22'd meeting, PELUSO also said that he had a .357 magnum revolver. CI told PELUS o that the CI wanted to buy the guns but didn't have the money with him/her. PELUSO th opened the door to his Hummer and showed the CI the HK pistol and the .357 revolver. en the CI asked PELUSO whether it was possible to put a silencer on the HK pistol, • ELUSO said that's what why the gun had a threaded barrel. When the CI asked PELUS • whether he had a silencer for the pistol, PELUSO said that he could get them, and that o e would cost about $1,500. PELUSO also told the CI about the .357 magnum revolver w .ch PELUSO was selling for $400. The CI asked whether PELUSO had any "pineapples (which is street terminology for grenades); however, PELUSO said that he couldn't get hold of his supplier. 13. The CI arranged to meet with PELUSO the ne day to buy the guns. The CI told PELUSO that a lot of people had been running their mo and he/she was planning on taking care of them. The CI also explained to PELUSO that he/she had a criminal 4 EFTA00194488 record. e CI said that he/she had gone into a gun store to buy a gun. The employee had run the CI's record and wouldn't sell the gun to the CI. PELUSO replied, "Oh really." PEL SO and the CI agreed to meet at 4:00 p.m. the following day, to do the deal. 14. Atte the meeting, the CI left the tattoo parlor and was followed by ATF agents to a location here the CI and the CI's vehicle were searched. No contraband was found. Your affiant a o placed the audio and video recordings of the meeting in evidence at ATF. It sho ld also be noted that after CI departed the tattoo parlor, ATF agents remained in the area f the tattoo parlor and observed PELUSO and another male next to PELUSO's Hummer, d PELUSO was showing the male something inside the Hummer. 15. On November 23, 2005, at approximately 2:52 pm, surveillance was established at the tattoo parlor, locat at 4246 Okeechobee Boulevard, in West Palm Beach, Florida. The CI called PELUSO' cell phone and left a series of messages for PELUSO to call the CI. At approximately 17 pm, PELUSO called the CI from (561) 616-3434. PELUSO told the CI that he was a e Planet Smoothie next to Kmart. It should be noted that Planet Smoothie is located a 4366 Okeechobee Boulevard, in West Palm Beach, Florida and has a listed telephone numb r of (561) 616-3434, the same number from which PELUSO bad called the CL The C told PELUSO that the CI would take the "two things" (meaning the two guns) from yester and that the CI would meet PELUSO at the tattoo parlor. PELUSO changed the location the meeting and told the CI not to meet him at the tattoo parlor because it was "hot" (whi is street terminology EFTA00194489 for polic presence or surveillance). Instead, they agreed to meet at Planet Smoothie, which is loc tcd in the vicinity of the tattoo parlor. 16. Yd r affiant provided the CI with recording devices and $2,000 in official ATF funds. The I then consented to a search of the CI's person and vehicle with negative results. At 'proximately 4:41pm, CI, who was followed by ATF agents, drove to Planet Smoothie for c meeting with PELUSO. 17. At approxim. ely 4:57 pm, the CI arrived in the parking lot of the Planet Smoothie and could not fin. PELUSO. After a series of phone calls, the CI met PELUSO a short time later in nearby parking lot. PELUSO was driving a red convertible 2-door Saab beari • Florida tag V27NLQ. A records check revealed that this vehicle is registered to the defen ant's girlfriend, Christine Ventimiglia, who resides at the same address as PELUSO. PELUSO got out of the Saab and greeted the CI. PELUSO was wearing a fanny pack a ound his waist. 18. PELUSO told the CI that h didn't want to meet at the tattoo parlor because Sheriff's deputies had been watching the -hop all morning, and PELUSO had seen them filming the tattoo shop with video cameras. The CI told PELUSO that somebody was probably dealing crack out of the tattoo parlo The CI said that because he/she was a convicted felon, the CI didn't like being over th' e or bringing "shit" over there. PELUSO agreed and told the CI not to go to the to oo parlor anymore. 19. PELUSO then opened the trunk of the Sa • b and showed the CI a Remington 12 gauge shotgun, a .357 Dan Wesson revolver, and a 5 caliber HK semi-automatic pistol. These were the same handguns that PELUSO had hown the CI the day before. The CI agreed to buy all three guns from PELUSO for $2,3 c 0. Because the CI only had 6 EFTA00194490 $2,000, PE USO agreed that the CI could pay him the remaining $300 at a later date. The CI remov the three firearms from the trunk of PELUSO's Saab and placed them in the trunk of the C = Cat 20. PELUSO 'sked the CI if he was looking for anything else, and the CI said that he/she wanted som g fully automatic. PELUSO said that he had just sold two of them. PELUSO stated t he can get the CI an Ingram 9 fully automatic machine gun. PELUSO said that he had a Ily automatic M16 (rifle) suppressed. PELUSO further stated that the M16 is not the to own because "if you don't have the tax stamp, you go to jail for 10 years automati " It should be noted that a check with the ATF National Firearm and Transfer Record ) Branch determined that PELUSO did have a lawfully registered short barreled -15 rifle, an Impulsiia .45 caliber silencer, and an M42000 5.56 caliber silencer registe to his company, Strategic Solutions Unlimited, Inc., at 244 East 25°' Street, Riviera B h. However, NFTR records did not show that PELUSO had a machine gun lawfully tered to him. Neither PELUSO, Strategic Solutions Unlimited Inc., or anyone else t 244 Bast 25th Street, Riviera Beach, Florida has any other registered NFA firearms or tractive devices. Furthermore, the ATF Licensing Center and the NFTR advised yo affiant that neither PELUSO nor Strategic Solutions Unlimited Inc. held a federal fireann icense (EFL) or was licensed to deal in firearms or NFA weapons, such as, short-barreleafifles, silencers or machineguns. 21. During the November 23rd transaction, PELUSO asked the CI if someone was hunting the CI down. PELUSO offered the a a 4afe house" in Abacoa, which is located in Jupiter, Florida. The CI declined PELUSO's tiler. The CI said that he/she had tried to rent a house in the Cl's name, but the landlord wouldn't rent it to the CI 7 EFTA00194491 because CI was a convicted felon. The CI further stated that convicted felons can't buy guns or o anything. PELUSO agreed and said, "they try to suppress you and all they want is ney, the state, supervision, probation, all kinds of shit." PELUSO told the CI that if h he needed a place to hang out for a week or so, if it got hot around here, that PELUSO had buddy in North Carolina. The CI said that he/she was worried about getting pulled over 'th the firearms because "they'll see my record and see this shit, and I'm done." 22. After the tra action ended, the a and PELUSO left in their respective vehicles and were both fo lowed by ATF agents. Your affiant met the CI at a predetermined location and searched the CI and the CI's vehicle. The CI no longer possessed the $2,000 in official finds. Your affiant photographed the firearms which the CI had purchased from PELUSO, removed the Remington shotgun, the Dan Wesson Arms .357 revolver, and the UK .45 semi-automatic.pistol from the Cl's trunk, and placed them into evidence at ATE The video and audio recordings of the transaction were also placed in evidence. 23. On December 2, 2005, at approximately 1:18 pm, your affiant instructed the Cl.to call PELUSO. The CI called PELUSO's home, and PELUSO answered the phone. PELUSO agreed to meet with CI later that day. The CI said that he/she had the $300 which was owed to PELUSO for the Remtnington shotgup•and asked PELUSO if he had the "Ingram" (referring to the Ingram machine gun). PELUSO said that he didn't have it in his possession.but he could get it. The CI asked PELUSO how much he wanted for it, and PELUSO said he had to get $1500 for it and that was a good deal. PELUSO said they normally go for $2500. The CI asked PELUSO if it (th Ingram machine gun) was 8 EFTA00194492 "full" (referring fully automatic), and PELUSO confirmed that it was. PELUSO told the CI that he was t his house, but that he would be in and out, and PELUSO gave the CI his cell phone numb for the CI to call him. 24. Shortly a er the call to PELUSO around 1:50 pm, your affiant drove by PELUSO's residence a 244 East 25t° Street, Riviera Beach, Florida. According to the Palm Beach County Prop • rty Appraiser's Office, PELUSO is the listed owner of the residence. There was a fo sale sign posted at the residence with the number (561) 882- 1392, which is the same n ber the CI had used to call and speak to PELUSO at home. Your affiant observed a whi Ventimiglia from her driver' Ventimiglia opening the door female and recognized the person to be Christine license photograph. Later, your affiant observed a tall fence that is west of PELUSO's residence. Your affiant observed PELUSO's bla 25. Later on December 2 telephone calls to PELUSO. At a Hummer parked in the fenced area. 005, the CI made a series of consensually recorded roximately 4:54 pm, the CI called PELUSO's cell phone and spoke to PELUSO. PEL SO told the CI that they should meet in about an hour in the vicinity of the Bonefish k restaurant located at 2024 North Military Trail, in West Palm Beach, Florida. 26. On December 2, 2005, at app imately 6:26 pm, surveillance was established in the area of the Bonefish Creek taurant. Your affiant searched the CI and the CI's vehicle with negative results. S/A Ber er then provided the CI with $2,000 in official ATF funds. The CI was also provided wi recording devices. 27. On December 2, 2005, at approximatel .56 pm, PELUSO met with the a in the vicinity of Bonefish Creek. PELUSO arrived at i e location in his girlfriend's red 9 EFTA00194493 Saab = then got into the Cl's vehicle. PELUSO told the CI that he didn't have "it" in his car d that a guy was coming to meet them from Stuart (Florida) with the two Mac10 rms. PELUSO said that he and two other guys had shot the guns to make sure they ere what they were supposed to be. PELUSO said it was fully automatic with a threaded b 1. PELUSO said that he had shot the gun and it jammed four times, and he thought th • was something wrong with the feed ramp. One of the guys who was with PELUSO o i ered to take it back to the shop and fix it, however, the other guy who was there had agr u to buy the firearm as is. PELUSO said he didn't want to sell the CI a gun that would jam d so he sold it to the guy for $1,800 right there. PELUSO said it wasn't worth it to sell to the CI for $1,500 and have him return it to PELUSO. 28. PELUSO sai that he told his associate that he needed something else and that the guy was on his w down right now with two Macl Os for a good price. The CI inquired about whether the earrns were fully automatic and their price. PELUSO confirmed that they were full automatic with a threaded barrel (for a silencer). The CI asked PELUSO for instniction on shooting the firearms. PELUSO said that there was a switch marked "F" for fire and " " for safe. PELUSO said there was no full, semi, and safe, just fully automatic and safe. ELUSO also told the CI that when the bigger was pulled thirty rounds were going to fly •ut. 29. During the meeting on Dec ber 2, 2005, the CI said that the CI knew who had shot at the CI's residence and that th CI was going to get them. PELUSO asked if the CI was planning to get them. The CI ponded, "I'm gonna bust them," and then asked PELUSO how many rounds the Mac ot. PELUSO said thirty rounds. PELUSO told the CI that if that's what the CI wasp g on doing, the CI needed something 10 EFTA00194494 better than e Macl 0, that is, an AR-15 with a Beta C mag (magazine) which would shoot one h dred rounds. PELUSO explained that the CI should use an AR-15 because it was a .223 ( iber) and that the rounds would go through a door and even a building. 30. The told PELUSO that the a was going to "catch" the dude when he was in his car. PELUS advised the CI to hit the guy with thel2 gauge (shotgun) that PELUSO had alread sold the CI. PELUSO also told the CI that all of his "shit" was top of the line; that he sell his firearms for $300-$400 less than at the gun shows because he buys them in bulk; and t at he has partners who buy multiple firearms at one time which allows for a better deal. 31. While PELUS and the CI were together in the vicinity of Boston Market, which is next to Bonefish C ek, PELUSO told the CI that his partner was coming from Stuart to meet them. While th were waiting, PELUSO asked the CI for The $300 that the CI owed from the November 3rd transaction. 32. While waiting, PELU told the CI that he had a guy who made silencers for Macl Os. When the CI asked PE USO how much the silencers cost, PELUSO said he didn't know and he would check to s if he could get a better price by buying six of them. PELUSO said he would keep one or himself, sell one to the CI, and dump the other four. 33. PELUSO asked when the CI was going to do the hit on the Mexicans. The CI told PELUSO he would see it on the news. iBLUSO asked the CI specifics about how many persons he was going after and where they lived. The CI said that he/she would do his/her own dirty work. PELUSO asked the CI whether he wanted to hire a professional to take care of it. When the CI asked PELy SO what he meant, PELUSO 11 EFTA00194495 asked, " o you want me to whack them?" The CI declined PELUSO's offer. PELUSO told the C that he had done it for 10 years, that was his life, and "not even here where you could, ',ere everyone speaks the same language and you could see street signs and there's road m s." PELUSO explained that he would get a picture with a name in Hebrew and the had to go after the guy and find him. According to PELUSO, he was in the "special forces\ marine recon. Marine force recon, they would drop us in either parachute in, swim come in by helicopter, do recon, get all the information on the area, find out dependitlg on what the operation was, who's there, who's a captive, who's in charge, who the lead rs are, who are the primary targets, that's what we did." 34. PELUSO tot the CI that he didn't go by the tattoo shop anymore. PELUSO said he was talking to Julio from the tattoo parlor and that Julio said that PELUSO was hanging out with a "fucking at" (the CI). Julio told PELUSO that he didn't want the CI around the shop any more and told PELUSO not to do any deals around the shop. PELUSO said that he had told ulio that if the CI crossed him PELUSO would "kill [the CI] because no one crosses me ad walks." PELUSO and the CI then talked about how the other subjects are dealing dru out of the shop, and how the guys in the shop had been talking about CI. PELUSO sa d the guys in the shop talked about him; his Saab and his Hummer; and how he doesn't wo . PELUSO said that he had a pension after working for fifteen years, and he didn' have to work anymore. 35. PELUSO said that he had h d the CI was looking at fifteen years (imprisonment) because the CI was a cony ted felon. The CI explained to PELUSO that the CI was out on bond. When PELUSO asked the CI if the CI was going to beat the case, the CI responded in the affirmative. PEL t SO told the. CI about Marc Shiner who 12 EFTA00194496 PELUSO id was his lawyer. PELUSO stated that all of the circuit judges were at Shiner's wed . PELUSO said that Marc Shiner had gotten him out of his shit. . PELUSO said he had shot at two black guys and a girl. PELUSO said, "I'm not prejudice, I shoot t bitches, too." 36. PELUS • said that he had been in the military from 1986-1996. After that, PELUSO said that he h d worked as a police officer in New Jersey and earned $70,000 a year. PELUSO said tha he was offered a job as a police officer in Riviera Beach but he turned it down. PELUSO 'd that his plan to become a sky marshal was on hold because they weren't hiring t now. 37. PELUSO said that s associate for whom they were waiting had never let him down. According to PELUS u, his associate and he usually met at Markham Park (in Broward County, Florida) on Tuesd nights. PELUSO said that on Tuesday nights all the gun dealers "everyone that's an class III dealer' went there for a machine gun shoot. PELUSO said that "as long as y have your tax stamp" individuals could possess fully automatic machine guns, suppresso and short-barreled rifles. It should be noted that it is unlawful for a person to possess a earm defined in Title 26, United States Code, 5845, including a rifle having a barrel • r barrels of less than 16 inches in length, a machinegun, or a silencer, without first being re *stered with ATF's NFTR and paying the required tax for said firearm. According to P USO, ATF agents would also be present at Markham Park to see whether individuals sessed the necessary paperwork for the firearms. PELUSO said that he and his boys ha paperwork that wasn't real, but as long as they had the paperwork they could shoot the 13 EFTA00194497 38. PELUSO discussed the Remmington shotgun that he had sold the CI on Novemb• 23, 2005. PELUSO said that he had sold the CI a Remington magnum. PELUSO sa d that the shotgun would shoot 2 14/ " slugs, double O buck, and that one shot of double O b ck was equivalent to nine 9mm rounds. 39. PE ►USO and the CI waited a while longer; however, PELUSO's associate did not show up th the Mac 10 firearms. PELUSO told the CI that when he received it (the machine guns) 'd call the Cl. PELUSO got out of CI's vehicle, and they left the location separately. 40. After the CI an PELUSO ended their meeting, the CI was followed by law enforcement to a safe locatio where your affiant met with the CI. The CI's person and vehicle were searched by your ffiant and the remaining ATF funds which had been previously provided to the CI we returned as the CI had not made any firearms purchases. The audio and video rec' dings of the meeting were taken into custody by your affiant and placed in evidence. e video recording was of poor quality. 41. On December 19, 2005, at a oximately 10:26 am, your affiant instructed the CI to make a recorded call to PELUS •'s cell phone at (561) 779-5644. PELUSO answered the phone and said that he had bee sick and that he was out of the game until after the new year. PELUSO told the CI to cal him the first week in January. 42. On January 10, 2006, at approximate 6:30 am, S/A Kunz conducted a surveillance at PELUSO's residence, and he obse ed Ventimiglia's Saab parked by the front door of the residence. S/A Kunz did not see LUSO's Hummer. Around 3:07 pm that day, the CI made a consensually recorded call to ELUSO's cell phone at (561) 779- 5644. PELUSO answered the phone and said he ha' 't been out of the house in awhile, 14 EFTA00194498 but he ould talk to a few people and call the CI by the weekend to "hook up" the CT. In another • rded call on January 12, 2006, PELUSO told the CI that he had spoken with some peop e and there's stuff out there, but it was a little pricey, and he was doing some price shopp. g. 43. O anuary 13, 2006, at approximately 12:51 pm, the CI made a controlled call to PELUSO' cell phone at (561) 779-5644 which was consensually recorded by the CI. PELUSO answ,• d the phone and said he had a Glock 9mm high capacity, in the box, and another gun or $2200 and that PELUSO could deliver them to the CI that afternoon. According < PELUSO, one was a .223 caliber subgun and the other one was a 9mm handgun. PELUS • said the .223 was a rifle that held thirty rounds which would go for a mile. When the CI uestioned PELUSO about whether the gun was fully automatic, PELUSO said "it uld be that way" or the CI could keep pulling the trigger and fire thirty rounds. PEWS • told the CI he would call when he had the guns. In a call later that day, the CI told P SO that the CI didn't really want the Glock, but so as not to disrespect PELUSO, the CI • uld take it. PELUSO said not to worry about it because he had other people who w ted it, but he figured that it was better for the a to have both guns. In a third call later tha day, the CI asked PELUSO whether he could get his hands on something fully autom . Although PELUSO said that he couldn't, he told the CI that if the CI takes this gun, the • llowing week PELUSO would get a kit for about $90 and make the gun full auto for the I. PELUSO said that the .223 caliber M16 rifle was the same type of gun he had carried in the Marines; that the gun he had for sale was brand new; and that PELUSO's supplier \vas bringing it from Miami. PELUSO also told the a that he had not been able to find an thing to the CI's gun with the 15 EFTA00194499 a subscriber to or customer of such service (not including the contents of communications) only when the governmental entity - * * * (B) obtains a court order for such disclosure under subsection (d) of this section; 18 U.S.C. § 2703(c)(1)(B). Thus a court order is one permitted way to recover transactional data but not content from an electronic communications service. Subsection (d) states: (d) Requirements for a court order -- A court order for disclosure under subsection (b) or (c) may be issued by any court that is a court of competent jurisdiction described in section 3127(2)(A) and shall issue only if the government entity offers specific and articulable facts showing that there are reasonable grounds to believe that the contents of a wire or electronic communication, or the records or other information sought, are relevant and material to an ongoing criminal investigation. 18 U.S.C. § 2703(d). Thus the burden on the United States in obtaining such an order is to present specific facts showing reasonable grounds to believe the material sought is relevant to a criminal investigation. 4. This court is a "court of competent jurisdiction" because it is "a district court of the United States (including a magistrate of such court) . . ." 18 U.S.C. § 3127(2)(A). 5. As further described below, the Federal Bureau of Investigation is investigating violations of Title 18, United States Code, Sections 2422 and 2423, which outlaw the use of "any facility or means of interstate or foreign commerce" to persuade, induce, or entice any individual under the age of 18 to engage in prostitution or sexual activity (§ 2422), and the travel in interstate commerce for the purpose of engaging in illicit sexual conduct (§ 2423). 6. Beginning in October 2005, the City of Palm Beach Police Department ("PBPD") began investigating Jeffrey Epstein, a part-time resident of the City of Palm Beach, along with his personal assistant, Sarah Kellen. PBPD obtained information from a fourteen-year-old girl who Jives in Loxahatchee, Florida, in the Southern District of Florida, and who attended Royal Palm -2- EFTA00194500 Beach High School, also in the Southern District of Florida. The fourteen-year-old girl informed PBPD that she had been paid $300 by Jeffrey Epstein to perform a "sexual massage," which entailed providing a massage to Jeffrey Epstein while Epstein was naked and the fourteen-year-old was wearing only her thong panties. During the massage, Jeffrey Epstein masturbated himself and touched the fourteen-year-old's vagina 4ver-her--thong-pantiesz both with his hand and with a vibrator/massager, arevi_ aCtOtitj rekth-eit ?me 7. Following the receipt of the information from the fourteen-year-old, PBPD began interviewing a series of girls, ranging in age from fourteen through mid-twenties, who reported a similar series of events.' In particular, the girls described how they were contacted via telephone, primarily by Sarah Kellen, Epstein's assistant, to arrange times for the girls to "work" at Epstein's home in Palm Beach. The girls would travel to Epstein's home, usually in the company of another girl. The girls would enter Epstein's home via the kitchen, where they would be met by Epstein LocILALA and/or Kellen. The girls would be escorted up to Epstein's bedroom where a massage table . laity b-e --was-already set up. The girls were told to undress — some undressed only partially and some undressed completely. Epstein would enter the room partially dressed, usually wearing only a towel. Epstein often would remove the towel and get onto the massage table face down. While lying face down, Epstein instructed the girl how to massage him, including in some instances "straddling him" so that Epstein's buttocks and the girl's buttocks touched. After a period of time when the girl massaged Epstein's back, he would turn over and lie face up. While lying face up, Epstein would continue to instruct the girl how to conduct the.massage. Epstein also would masturbate himself and occasionally would manually fondle the vaginal area of the girl — sometimes over the panties, 2A11 of the girls did not report identical events. This summary includes the most common occurrences from the girls' interviews. -3- EFTA00194501 Marl sometimes under the panties, and sometimes penetrating the girl's vagina. On-most instances, Epstein also used a vibrator or massager on the girl's vaginal area, again sometimes over the panties and sometimes under the panties. When Epstein ejaculated, the "massage" was over and the girl was instructed to get dressed and to return to the downstairs area of the home. The girls received between $200 and $300 for the sexual massage. 8. In addition to these sexual massages, some of the girls were paid additional sums to perform more sexual activity, including, for example, engaging in sexual activity with another female Epstein employee, Nadia Marcinkova, while Epstein watched. 9. During the course of PBPD's investigation, a search warrant for Epstein's home was obtained and executed. Many of Epstein's belongings were removed from the home prior to the execution of the search warrant — for example, the computer processing units ("CPU's") were removed from the house but the computer screens, keyboards, cords, etc. were left behind. The missing CPU's were never recovered.—As-set foal' bacnvrthis-suggests-that, if the- hugets-were4o -.—learn-of-the_existswe of thislfotion-and-Order;thernardest ance._ 10. During the search, several telephone message pads were recovered. These message pads show messages taken from several of the girls who were interviewed and who admitted to engaging in sexual massages or other sexual activity with Epstein. The messages contained text such as "I have a female for him" and "has girl for tonight." Some of the messages from the girls were addressed to Epstein and others were addressed to Sarah Kellen, Epstein's assistant. Additional messages recovered during the search contained text such as "I] confirmed at 11 am and [A] 4 pm."' and [A] refer to two of the girls who were interviewed and admitted to engaging in sexual massages and other activity with Epstein. -4- EFTA00194502 11. During the FBI's investigation, some of the girls interviewed by PBPD were re￾interviewed and additional girls were, interviewed for the first time. During those interviews the ter/ Gra `lo 14-11ein, AGIJ-i'anA4ssor Nadi, ' girls related that Sarah44gf - -Epstein's assistant would contact the girls whilegeellee-iifut Epstein' /110-01-444 tA.) cia3 -war still in New York or elsewhere,' in order to arrange "massage" times upon his arrival in Palm Beach. The F 3-.halso)has collected the flight manifests for Epstein's two private planes during the period of January 2004 through December 2005 as well as cell phone records for Kellen, Epstein, av--„‘ct imb and some of the girls. The investigation revealed that, prior to flights to Palm Beach, Kellen would contact some of the girls via cell phone. The message pads show evidence that the girls responded to those telephone calls and left messages confirming their "appointments." 12. The in • Ligation has revealed tw' relevant cell phone numbers operated by Cingular Wireless: (917) 601-414 , which is assign to Jeffrey Epstein, and (917) 855-3363, which is assigned to Sarah Kellen. 13. Based on the foregoin < ere is reason to believe that the items listed in Attachment A for Jeffrey Epstein and Sarah Kelle wonkd yield information relevant and material to the ongoing criminal investigation and will as st in establi4hing the use of a facility and means of interstate commerce and the travel in inter• ate commerce to gage in illicit sexual conduct and prostitution, as well as information pertain' g to the location from Inch the telephone calls were made. 14. The United tates requests that the Court is ue an order authorizing the disclosure of the items listed in A chment A for Jeffrey Epstein and Sarah\Icellen for the dates shown thereon. 'In addition to a home in Islands. Epstein has at least two pe planes. Epstein has access to virtu charges in this case, there is reaso existence of this Motion and 0rder, the , Epstein also maintains a residence in the U.S. Virgin al planes and has been known to travel overseas on those unlimited assets. Given the seriousness of the potential lieve that, if Epstein and his assistant were to learn of the ay flee the United States. -5- EFTA00194503 4, goat _kr).__Sci unterob _,_R ntil-sehfnchk was . niuks-r miectgirak ronck :kv silt) tiro we k: raw, :Ber2.4.kg . -11/! ;kb: chamut exyazikrvi 0 /w-rt/to cl len c):1 C 1, a. einciatnacA-2 "Swan Eficae,a7, gelien,Resetr'recova,eme fdresi art At.dirthlitinoituserai, iti ien t -elle "iu.tc duet Cowat Z. there al/ 444- SelevAuvto of WY/CI-in/ h biarri L;-) corArAerce- Iftt)?. eturpeg, 06 -enet tr-, v).7 Eittiv‘ aqua' canittel utt viaightori fArsc n_q_23a). Oisurvto 5 -*nu diA4 ap art >) v.)* a gival cx-vWs:i e.eveatl covrivNetts lb °Liza a /7101:171r it) -cern fievihtsiu./.241e moto -11 50 chat gpa?VA;) otrieL eAults￾CS6- 45; /it-) boN-h.5Ablicu4)k _giv440_ 66 -17-kifraii coptnew-ch _ ik 097022 oic terrril t;o. strixtAO-1 • conoCati wry wiitinosj wi vi 41 c ig_us • pez-ma. _ EFTA00194504 threadkrd barrel "quiet." PELUSO said he hadn't been able to find it because the last gun show (in West Palm Beach) was cancelled so he couldn't meet his supplier. In a final ca later that day, PELUSO spoke again about getting a kit to convert the M16 to fully automatic; that he would sell the M16 without the Glock for $1,500 or with the Glock for $2,200;4hat both the Glock and the M16 were brand new with paperwork; and that his supplier had guns right now. PELUSO told the CI to let him know by 3:00 pm whether the CI wanted the guns. 44. Your affiant obtained records from the State of Florida Department of Motor Vehicles which indicate that on February 6, 2006, PELUSO traded his black Hummer vehicle for a 2004 silver Mercedes sedan, VIN: WDBUF76J14A451154. According to the records, JOSEPH E. PELUSO, III, is the owner of record. There were no recorded liens on the Mercedes. 45. On February 10, 2006, at approximately 1:20 pm, PELUSO called the CI and said that one person had a silencer but wanted $3000 for it and that the CI would have to do the paperwork for it, which would involve paying a $200 tax stamp to ATF, as well as having a corporation or being a class III license holder, firearms dealer, or law enforcement officer. PELUSO said that the silencer should cost $1500 but the guy wanted $3000. Also, PELUSO said there was a thirty day waiting period. When the CI asked PELUSO about the "full thing" referring to the machine gun, PELUSO said he had offered one guy $7500 for it, but the guy didn't want to part with it. PELUSO told the CI that he has contacted all of his resources, and called everyone he knew in the game. PELUSO said he had been staying away from legitimate class III dealers because their stuff was way overpriced. PELUSO said he had a couple of Glocks and wanted $700 a 16 EFTA00194505 piece for them and that he also had a bullet proof vest. The CI agreed to call PELUSO later. 46. On February 13, 2006 at approximately 1:40 pin, the CI made a controlled call, which was consensually recorded by the CI, and PELUSO and he agreed to meet the next day so the CI could buy the Glock firearm from him. 47. On February 14, 2006 at approximately 11:30 am, surveillance was established in the area of the Polio Tropical parking at Okeechobee Boulevard and Spencer in West Palm Beach, Florida. Prior to the CI's meeting with PELUSO, your affiant searched the CI and the CI's vehicle with negative results and provided the CI with $700 in official ATF funds and recording equipment. At approximately 12:09 pm, agents observed PELUSO arriving at the Polio Tropical parking lot; he was driving his 2004 silver Mercedes sedan, bearing the Florida tag SPEEEED. The CI arrived at the parking lot and met with PELUSO, who was standing by his new silver Mercedes. PELUSO opened the trunk of his Mercedes and showed the CI a black zippered case which contained an AR15-type short-barreled rifle. PELUSO said that the AR15 had the capability of firing thirty rounds as fast as the pull of the trigger. The CI asked PELUSO whether he had the other firearm, and PELUSO showed the CI a brand new Glock 9mm firearm. During this deal, the CI asked PELUSO about the silenced M16 machine gun that PELUSO had bragged about owning. PELUSO said it was a dealer's class III weapon and that he didn't have it anymore. PELUSO said those guns were rare because they have been banned and require a tax stamp. The CI asked PELUSO what a tax stamp was. PELUSO said that he owned a corporation and that he had suppressed weapons in his corporation's name. PELUSO said that he had applied to ATF about possessing 17 EFTA00194506 certain firearms and that after the agency had conducted a background check on him, ATF had allowed him to possess suppressed firearms. 48. During the transaction, PELUSO advised the CI that the Glock firearm cost $700 and the AR15 cost $1,500. PELUSO said that the AR15 was brand new. PELUSO also demonstrated for the CI how to put the AR15 together because it was in two pieces inside of a rifle bag. PELUSO told the CI that when the ARTS was assembled it's only this big overall and "it's a 10 year felony." When the CI asked PELUSO about a kit to convert the AR15 to full auto, PELUSO said that no one was selling them because ATF agents have been attending the gun shows. 49. Because the CI had only enough money to buy the Glock firearm, the CI called your affiant about the purchase of the ARI5. While your affiant was speaking to the CI on the phone, your affiant heard PELUSO telling the CI "it's only this big," "it's only 14 inches," and it costs $1,500. When the CI told your affiant that the AR15 was not fully automatic, your affiant heard PELUSO saying that he was still trying to get the part to make it fully automatic and that if he got it, it would take two seconds to install. 50. The CI asked PELUSO if he could hold the AR15 for a day or two for the CI. PELUSO said that he was going to get rid of it and that he had picked up the AR15 from a guy's house and doesn't even like having it on him. PELUSO said that he was selling the AR15 for somebody. PELUSO said that he didn't even keep the AR15 at his house. Finally, PELUSO agreed to hold the AR15 for the CI until the next day. PELUSO also said that the AR15 was "taboo" and that he had wanted to get rid of it because it was a big problem. The CI said that he still wanted the Glock. PELUSO asked the CI if the CI needed the paperwork for the Glock, and the CI said no. PELUSO said that he had the 18 EFTA00194507 paperwork for the Glock and the Bushmaster (referring to the AR15). PELUSO then read from the papers calling the AR15 a "Bushmaster XM15 E25 configuration," which PELUSO said was a law enforcement configuration. PELUSO also said that the AR15 "came from a strange place, you know what I'm saying?" 51. During the February 14, 2006 transaction, PELUSO sold the 9 mm Glock semi-automatic pistol, serial no. HFU033, to the CI for $700. Before leaving the location, the CI arranged to meet PELUSO the next day to buy the AR15. PELUSO said that he would bring the AR15 back, and that it would be kept about 15 minutes away. (It should be noted that PELUSO's Riviera Beach residence is located approximately fifteen minutes by car from Pollo Tropical on Okeechobee Boulevard.) After the meeting was concluded, agents followed PELUSO directly back to his residence located at 244 East 256 Street, in Riviera Beach, Florida. Agents observed PELUSO pulling into his residence. Then another agent observed PELUSO coming out of the front door of the residence and looking inside of his Mercedes. 52. Meanwhile, after the deal, ATF agents followed the CI to a predetermined location where your affiant searched the CI and the CI's vehicle and.determined that the CI no longer had the $700 in official ATF funds. Your afflant took custody of the brand new Glock 9mm, model 17L, semi-automatic pistol, serial no. HFU033, which was still in the manufacturer's box along with two magazines, a magazine loader, a gun lock, a cleaning brush, and some miscellaneous firearm paperwork. These items were placed into evidence at ATF along with the audio and video recordings. 53. On February 15, 2006, at approximately 11:34 am, the CI received an incoming call from PELUSO's cell phone at (561) 779-5644. The CI answered the 19 EFTA00194508 phone, and PELUSO asked the CI if he/she definitely wanted the thing, referring to the Bushmaster short-barreled rifle. PELUSO said that his buddy was going out of town and he would not be able to get the rifle from him, so he needed to know what the CI wanted to do. The CI asked PELUSO if they could meet around the same time tomorrow so that the CI could buy the rifle and bullet proof vest from PELUSO. PELUSO said that he was going to his buddy's house to get it because his buddy was heading to Orlando. PELUSO said that he would meet the CI the following day to conduct the sale. 54. On February 16, 2006, at approximately 11:06 am, surveillance was established at the parking lot of Polio Tropical, located at 2611 Okeechobee Boulevard, in West Palm Beach, Florida. After the CI made several calls to PELUSO, PELUSO returned the calls and said that he would be arriving at the same spot, that is, the Polo Tropical parking lot, at 12:30 pm. 55. Your affiant then searched the CI and the CT's vehicle with negative results. vehicle. Your affiant then provided the CI with $1,500 in official ATF funds and recording equipment. At approximately 12:29 pm, CI was followed by ATF agents to the Polio Tropical parking lot. At approximately 12:48 pm, PELUSO arrived in the parking lot in his 2004 silver Mercedes sedan. PELUSO parked next to the CI's vehicle and they met at the trunk of PELUSO's silver Mercedes. The CI he saw a bullet proof vest in PELUSO's trunk and discussed it with PELUSO. The CI also observed another vest in PELUSO's trunk, which was black with numerous compartments, which is the type of vest worn by special weapons and tactics (SWAT) officers. PELUSO explained that this was not a bullet proof vest but rather something he wore over his bullet proof vest. 20 EFTA00194509 56. The CI and PELUSO then began talking about the Bushmaster short-barreled rifle, which PELUSO had called an AR15 during the February 14th meeting and which the CI had seen in PELUSO's possession on February 14, 2006. The rifle was inside of a black colored, soft zippered rifle bag in the trunk of PELUSO's Mercedes. PELUSO again demonstrated how to assemble the AR15, which was completed in seconds. Also included with the short-barreled rifle was an empty thirty round magazine. When the CI asked PELUSO whether he still had the paperwork for the firearms, PELUSO said he did not. PELUSO also demonstrated for the CI how to operate the Bushmaster rifle, how to load it, and how to chamber a round. The CI then counted the $1,500 in official ATF funds and handed the cash to PELUSO as payment for the rifle. PELUSO said, "done deal." At approximately 12:53 pm, agents observed the CI placing the black rifle bag into the Cl's vehicle. 57. PELUSO then said that he might be getting some Glocks and some other things in the next couple of days. PELUSO said that his contact might be able to get a silencer for $2,500 for the HK .45 firearm which the CI had purchased from PELUSO. PELUSO said that the guy would call him when the guy returned from a gun show in Las Vegas. The CI told PELUSO that he would take it. 58. The CI asked PELUSO where he had gotten his Mercedes. PELUSO said that he had bought it from Luxury Motors. PELUSO said that he had ordered a new 600S Mercedes from Arizona. 59. After the transaction, PELUSO got into his Mercedes and headed westbound. The CI also drove from the parking lot and was followed by agents to a predetermined location where your affiant searched the CI and the Cl's vehicle. The CI no longer had 21 EFTA00194510 the $1,500. Instead, the CI had a brand new Bushmaster .223 caliber short-barreled rifle, model no. XM15-E2S, serial no. LI 59589, with one thirty round magazine in a black colored, soft zippered rifle case. Your affiant placed the rifle and the audio and video recordings into evidence at ATF. 60. The Bushmaster .223 caliber rifle was examined by S/A Stephen Barborini, who is a firearms expert with ATF. Agent Barborini measured the barrel of this firearm and determined that the barrel wasll '/4 inches long. Because the barrel was less than 16 inches in length, the firearm constituted a short-barreled rifle, which is an NFA weapon, and must be registered with ATI?. Your affiant requested that ATF's National Firearms Act (NFA) branch conduct a records check of ATF's NFTR records to determine whether the Bushmaster .223 caliber short barreled rifle bearing serial no. L159589 had been properly registered with ATF as required by federal law. On February 17, 2006, your affiant was advised by ATF's NFA branch that the Bushmaster short-barreled rifle was not registered to any person. Therefore, the rifle could not be lawfully possessed or transferred under federal law. A check with the ATF licensing center along with the NFA branch revealed that neither Joseph PELUSO nor his corporation Strategic Solutions Unlimited Inc., was a licensed firearms dealer or a federal firearms licensee eligible to possess or transfer NFA firearms, such as short-barreled rifles, machineguns, or silencers. 61. On March 2, 2006, your affiant conducted a surveillance of PELUSO's residence and observed PELUSO's 2004 silver Mercedes parked in front of his residence. 62. A records check with the Department of State Division of Corporations in 22 EFTA00194511 Tallahassee, Florida, revealed that Joseph E. PELUSO, III is the owner and president of a corporation named Strategic Solutions Unlimited, Inc., for which the principal place of business is PELUSO's residence located at 244 East 25th Street, Riviera Beach, Florida. The telephone number for the corporation is (561) 882-1392 which is PELUSO's home telephone number. Based on the foregoing, there is probable cause to believe that the 2004 silver Mercedes sedan VIN WDBUF76114A451154 is property intended for use, or has been used, in violating the provisions of 26 U.S.C. §5861(d) which makes it a federal crime to unlawfully possess a short-barreled rifle which is not registered in the National Firearms Registration and Transfer Record and 26 U.S.C. §5861(e) which makes it a federal crime to unlawfully transfer a short-barreled rifle which is not registered in the National Firearms Registration and Transfer Record, and is therefore forfeitable to the United States pursuant to 26 U.S.C. § 7302. FURTHER YOUR AFFIANT SAYETH NAUGHT. SETH M. BERGER, SPECIAL. AGENT BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES Subscribed to and sworn before me this day of March, 2006, in West Palm Beach, Florida. JAMBS M. HOPJCINS • UNITED STATES MAGISTRATE JUDGE 23 EFTA00194512 Gmail - Fw: confidential communication Page 1 of 4 Gm Ann Marie Villafana< Fw: confidential communication 1 message Villafana, Ann Marie C. (USAFLS) < Ann.Marie.C.Villafana@usdoj.gov> Thu, May 22, 2008 at 3:38 AM Original Message From: Acosta, Alex (USAFLS) To: Sloman, Jeff (USAFLS); Campos, Cyndee (USAFLS); Villafana, Ann Marie C. (USAFLS) Sent: Mon May 19 12:40:32 2008 Subject: FW: confidential communication For your records. From: Jay Lefkowitz [mailto:JLefkowitz@kirkland.corn] Sent: Monday, May 19, 2008 10:54 AM To: Acosta, Alex (USAFLS) Subject: confidential communication Dear Alex: I am writing to you because I have just received the attached letter from Drew Oosterbaan. In light of that letter, and given the critical new evidence discussed below, I would like to request a meeting with you, mindful of our July 8 deadline, at your.earliest opportunity. Given your personal involvement, in this matter to date, and the fact that at this juncture it is clear that CEOS has referred the matter back to you, I respectfully request that you not shunt me off to one of your staff. You and I have both spent a great deal of time on this matter, and I know that we both would like to resolve this matter in a way that bestows integrity both on the Department and the process. In our prior discussions, you expressed that you were "not unsympathetic" to our various federalism concerns, but stated that because you serve within the "unitary Executive," you believed your hands were tied by Main Justice. You were also extremely gracious in stating that you did not want the United States to be "unfair". Although CEOS limited its assessment to the federal statutes your Office had brought forth and to the application of those laws to the facts as presented, it is abundantly clear from Drew's letter that Main Justice is not directing this prosecution. In fact, CEOS plainly acknowledged that a federal prosecution of Mr. Epstein would involve a "novel application" of federal statutes and that our arguments against federal involvement are "compelling." Moreover, the language used by.Drew in NS concluding EFTA00194513 Gmail - Fw: confidential communication Page 3 of 4 deliberately lied about their age because they knew Mr. Epstein did not want anyone under 18 in his house directly undercuts the claim that Mr. Epstein willfully blinded himself as to their ages. Willful blindness is not a substitute for evidence of knowledge nor is it a negligence standard. It requires proof beyond reasonable doubt of deliberate intent and specific action to hide one's knowledge. There is absolutely no such evidence of that here, so it is not even a jury issue. Furthermore, willful ignorance cannot constitute the required mens rea for a crime of conspiracy or aiding and abetting. Through the recent witness statements, we have also discovered another serious issue that implicates the integrity of the federal investigation. We have learned that FBI Special Agent Kurkendayl attempted to convince these adult women, now in their twenties, that they were in fact "victims" even though the women themselves strongly disagreed with this characterization. This conduct, once again, goes to the heart of the integrity of the investigation. In a sworn statement, Ms. was highly critical of the overreaching by federal law enforceinent officers in this case. She testified—in no uncertain terms—that she does not, and never did, feel like a "victim," despite the fact that the FBI repeatedly tried to convince her otherwise. I am mindful of the fact that we have a state court date of July 8 on which either to enter a plea or to commence trial. As I review the trial options with Mr. Epstein, I certainly want to make sure I do everything within my power to obviate a need for trial through a reasonable alternative resolution. Although it is clear that CEOS is not directing a prosecution here, and has stated only that you have the authority to commence such a prosecution, I am well aware that the decision whether to proceed, subject to any further process in Washington, is now within your discretion. I think the new facts should greatly influence your decision and accordingly, I hope you will agree to meet with me, both to discuss the new evidence and to discuss .a resolution to this matter once and for all: I am available to meet with you at your earliest convenience subject to our mutual availability. Respectfully, Jay ***** *********** ****** ***********”************************ 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. EFTA00194514 05/16/2008 11:18 FAX 05/16/08 PRI 11:08 FAX UNITED STATES DEPARTMENT OF JUSTICE • Criminal Division Child Exploitation and Obscenity Section 1400 New York Avenue, NW Suite 600 Washington, DC 20530-0001 • 20005 0001/006 • O001 CEOS: (202) 514-5780 FAX: (202) 514-1793 TO: I2. Alexander Acosta, Esq. Jay Lerkowita, Esq, OFFICE NUMBER: 'FAX NUMBER: 305/530-7087' FROM: Gelber • DATFITIMEi . ilay 16, OFFICE NUMBER: (202) 514-5780 NUMBER OF PACES, EXCLUDIal THIS SHEET: 5 SPECIAL. INSTRUCTIONS: EFTA00194515 05/16/2008 11;18 FAX 06/16/08 FRI 11:08 FAX 3 / 0 0 El O003 As was made clear at the outset, we did not review the facts, circumstances, or terms included in the plea offer, nor any allegations that individuals involved in the investigation engaged in misconduct. Despite that agreement, we note that your letters of April 8, April 28, and May 14 focus In large part on accusations of investigative or prosecutorial misconduct. Not only do allegations of prosecutorial misconduct fall outside the boundary of our agreed review, they also fall outside the authority of the Criminal Division in the first instance. Simply, the Criminal Division does not investigate or resolve allegations of professional misconduct by federal prosecutors. For these reasons, we do not respond to the portion of those letters that discuss alleged misconduct. Based on our review of all of these materials, and after careful consideration of the issues, we conclude that U.S. Attorney Acosta could properly use his discretion to authorize prosecution in this case. We will briefly address each of the issues that you have raised. Knowledge of age. Federal child exploitation statutes differ as to whether there must be proof that the defendant was aware that the children were under the age of 18. However, even for those statutes where knowledge of age is an element of the offense, it is possible to satisfy that element with proof that the defendant was deliberately ignorant of facts which would suggest that the person was a minor. For that reason, the fact that some of the individuals allegedly lied to Mr. Epstein about their age isnot dispositivo of the issue. While there may be an open factual issue as to Mr. Epstein's knowledge, we cannot say that it would be impossible to prove knowledge of age for any such charges which require it. Therefore, Mr. Acosta could rightfully conclude that this factual issue is best resolved by a jury. Tmvel for the purpose. In the materials you prepared, you suggest that Mr. Epstein should not be charged with violating 18 U.S.C. § 2423(b) because his dominant purpose in going While to Florida was not to engage in illegal sexual activity, but rather to.return.to_one of his-resideneesr we fully undetataffdli5lifiliiiient, we also fmd that the U.S. Attorney's office has a good. whether faith basis fully to develop the facts on this Issue and brief the law to permit 'a court to decide the law properly reaches such conduct, Mr. Acosta would not be abusing his discretion If he decided to pursue such a course of action. Intent to engage In the conduct at the time of travel. Based on our review of the facts of this case, we respectfully disagree that there is no evidence concerning Mr. Epstein's intent when he traveled, and when that intent was formed. Should Mr. Acosta elect to let the case proceed so that a jury can resolve this factual issue, he would be within his discretion to do so. have Use of a facility or means of interstate or foreign commerce. Much of the materials you contention prepared and much of the meeting we had focused on 18 U.S.C. § 2422(b), specifically your that Mr. Epstein did not use the phone to coerce anyone to engage in illegal sexual activity. We understand the issue you raise concerning the statutory interpretation. As before, 2422(b), however, we cannot agree that there is no evidence that would support a charge under Section nor can we agree that there is no argument in support of the application of that statute to this case. Finally, our assessment is that the application of that statute to these facts would not be 2 EFTA00194516 05/16/2008 11:17 FAX 06/18/08 FRI 11:09 FAX U006/006 O005 the case on the merits after jeopardy has attached." USAM 9-2.031(C). Our understanding is that the state case is still pending. As such, the procedural posture of the state case does not implicate the petite policy. We recognize that the petite policy could be triggered if the state case concluded after a federal indictment was issued but prior to the commencement of any federal trial. Id. However, the policy "does not apply ... where the [state] prosecution involved only a minor part of the contemplated federal charges?' USAM 9-2.031(B). Based on our understanding of the possible federal charges and existing state charges, we do not think the petite policy would be an issue should federal proceedings take place. Federalism and Prosecutorial Discretion. All of the above issues essentially ask whether a federal prosecution can proceed. We understand, however, that you also ask whether a federal prosecution should proceed, even in the event that all of the elements of a federal offense could be proven. On this issue, you raised two arguments: that the conduct at issue here is traditionally a state concern because the activity is entirely local, and that the typical prosecution under federal child exploitation statutes have different facts than the ones implicated here. You have essentially asked us to look into whether a prosecution would so violate federal prosecutorial policy that a United States Attorney's Office should not pursue a prosecution. We do not think that is the case here for the following reasons. Simply, the commercial sexual exploitation of children is a federal concern, even when the conduct is local, and regardless of whether the defendant provided the child (the "pimp") or paid for the child (the "joie). In your materials, you refer to a letter sent by the Department of Justice to Congress in which the Department expresses concern over the expansion of federal laws to reach almost all instances of prostitution. In that portion of the letter, the Department was expressly referring to a proposed federal law that reach adult prostitution Where no force, fraud, or coercion was used. Indeed, the point beingsnade inlhattettezis that.the_Departmenes- ----efforts are - - - properly focused on the commercial sexual exploitation of children and the exploitation of adults through the use of force, fraud, or coercion. As such, there is no inconsistency between the position taken in that letter and the federal prosecution of wholly local instances of the commercial sexual exploitation of children. If Congress wanted to limit the reach of federal statutes only to those who profit from the state commercial sexual exploitation of children, or only to those who actually traffic children across lines, it could have done so. It did not. Finally, that a prosecution of Mr. Epstein might not look precisely like the cases that came before it is not dispositive. We can say with confidence Acosta that this case is consistent in principle with other federal prosecutions nationwide. As such, Mr, can soundly exercise his authority to decide to pursue a prosecution even though it might involve a novel application of a federal statute. the arguments Conclusion. After carefully considering all the factual and legal issues raised, as well as concerning the general propriety of a federal case against Mr. Epstein on these 4 EFTA00194517 Gmail - Fw: confidential communication Page 1 of 4 by GO:3k' Ann Marie Villafanaa Fw: confidential communication 1 message Villafana, Ann Marie C. (USAFLS) < Ann.Marie.C.Villafana@usdoj.gov> Original Message From: Acosta, Alex (USAFLS) To: JLefkowitz@kirkland.com <JLefkowitz@kirkland.com> Cc: Sloman, Jeff (USAFLS); Villafana, Ann Marie C. (USAFLS) Sent: Mon May 19 18:14:45 2008 Subject: RE: confidential communication Dear Mr. Lefkowitz: I appreciate your communication. Thu, May 22, 2008 at 3:37 AM As the trial team communicated in response to your previous call, any communications regarding this matter should be address to them. This is not meant to be a "shunt-off" to staff. I trust you understand that they are professionals, and have discretion to proceed as they judge appropriate in this matter. I am copying our AUSAs here, so they too are aware of this communication. Alex Acosta. From: Jay Lefkowitz [mailto:JLefkowitz@kirkland.corn] Sent: Monday, May 19, 2008 10:54 AM To: Acosta, Alex (USAFLS) EFTA00194518 Gmail - Fw: confidential communication Page 3 of 4 following key points: First, there was no telephonic communication t met the requirements of § 2422(b). For example, as many other witnesses have stated, Ms testified in no unclear terms that there was never any discussion over the phone about her coming over to Mr. Epstein's home to engage in sexual activity: "The only thing that ever occurred on any of these phone calls [with Sarah Kellen or another assistant] sas 'Are you willing to come over,' or, 'Would you like to come over and give a massage." Tr. A at 15. Second, the underage women who visited Mr. Epstein have testified that they lie about their age in order to gain admittance into his home and women who brought their underage friends to Mr. Epstein counseled them to lie about their ages as well. Ms. stated the following: "I would tell my girlfriends just lik approached me. Make sure you tell him you're 18. Well, these girls that I brought, I know t at hey were 18 or 19 or 20. And the girls that I didn't kno I don't know if they were lying or not, I would say make sure that you tell him you're 18." Tr. at 22. Third, there was no routine or h . su gesting an intent to transform a massage intaan illegal sexual act. For instance, Ms. stated that Mr. Epstein "never touched [her] physicall " and that all she did was "massage[ ] his back, his chest and his thighs and that was it." Tr. at 12-13. Finally, as you are well aware, there was no force, coercion, fraud, violence, drugs, or even alcohol present in connection with Mr. Epstein's encounters with these women. The civil suits confirm that the plaintiffs did not discuss engaging in sexually-related activities with anyone prior to arriving at Mr. Epstein's residence. This reinforces the fact that no telephbnic or Internet persuasion, inducement, enticement or coercion of any kind occurred. Furthermore, Mr. Herman, the attorney for most of the civil complainants,•was quoted in the Palm Beach Post as saying that "it doesn't matter" that his clients lied about their ages and told Mi. Epstein that they were 18 or 19. In short, the new evidence establishing that the women deliberately lied about their age because they knew Mr. Epstein did not want anyone under 18 in his house directly undercuts the claim that Mr. Epstein willfully blinded himself as to their ages. Willful blindness is not a substitute for evidence of knowledge nor is it a negligence standard. It requires proof beyond reasonable doubt of deliberate intent and specific action to hide one's knowledge. There is absolutely no such evidence of that here, so it is not even a jury _FurtherMore,Millful ignorOnCe.cannot.constitute the requireamens reafor.a crime of conspiracy or aiding and abetting. Through the recent witness statements, we have also discovered another serious issue that implicates the integrity of the federal investigation. We have learned that FBI Special Agent Kurkendayl attempted to convince these adult women, now in their twenties, that they were in fact "victims" even though the women themselves strongly disagreed with this characterization. This conduct, %rain, goes to the heart of the integrity of the investigation. In a sworn statement, Ms. was highly critical of the overreaching by federal law enforcement officers in this case. She testified—in no uncertain terms—that she does not, and never did, feel like a "victim," despite the fact that the FBI repeatedly tried to convince her otherwise. I am mindful of the fact that we have a state court date of July 8 on which either to enter a plea or to commence trial. As I review the trial options with Mr. Epstein, I certainly want to make sure I do everything within my power to obviate a need for trial through a reasonable alternative. resolution. Although it is clear that CEOS is not directing a prosecution here, and has stated only that you have the authority to commence such a prosecution, I am well aware that the decision whether to proceed, subject to any further process in Washington, is now within your discretion. I think the new facts should greatly influence your decision and accordingly, I hope you will agree to meet with me, both to discuss the new evidence and to discuss a resolution to this matter once and for all. I am available to meet with you at your earliest convenience subject to our mutual availability. EFTA00194519 Gmail - (no subject) Page 1 of 17 Ga il etConAc (no subject) 1 message Thu, Dec 27, 2007 at 10:07 PM To: "Ann Marie C. (USAFLS) Villafana" <ann.marie.c.villafana©usdoj.gov> Ann Marie Vil'arena Begin forwarded message: From: Jay Lefkowitz <JLefkowitz@kirklancl.com> Date: October 1, 2007 9:42:19 AM EDT To:1 Sub Marie - I have a hearing today in the sdny. But a call around 130 or 2 pm might work. If not, it will have to be later today, around 530. I will call you in the earlier window if i can, and if not, we will definitely speak in the later window. Jay 10/01/2007 09:31 AM To "Jay Lefkowitz" <JLefkowitz@kirkland.com> cc Subject Re: Hi Jay -- I haven't been able to access my e-mail until now. I am free until 10:00, then at 1:00, then at 5:00. Would any of those work for you? On 10/1/07, Jay Lefkowitz <JLefkowitzakirkland.com> wrote: Marie - I tried to reach you over the weekend but couldn't reach you either by email or cell. Can we set up a call for 10:45 am tomday? Jay Original Message EFTA00194520 Gmail - (no subject) Page 3 of 17 *********************************************************** 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 L'LP. 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. *********************************************************** Begin forwarded message: From: Jay Lefkowitz <JLefkowitz©klrkland.com> Date: October 1, 2007 7:13:01 AM EDT To: "Marie Villafana" <Ann.Matio.C.Villafana@usdotgoy> Subject: Re: Marie - I tried to reach you over the weekend but couldn't reach you either by email or cell. Can we set up a call for 10:45 am tomday? Jay ---- Original Message From: Jay Lefkowitz Sent: 09/30/2007 03:04 PM CDT To: "Marie Villafana" <Ann.Marie.C.Villafana usdo'. ov).• "Ann Marie Villafana Subject: e: Marie - are you available to speak at all today? --- Original Message From: Jay Lefkowitz Sent: 09/30/2007 07:23 AM CDT To: "Marie Villafana" <Ann.Mar' ' • • "ppp Marie Villafana' Marie - I left you a voicemail yesterday on your cell. What time later today can you speak? Thx. Jay EFTA00194521 Gmail - Fwd: Epstein agreement Page 1 of 2 6,Coosit Fwd: Epstein agreement 1 message Ann Marie VillafandMISIIIMMIM Ann Marie Villafana Thu, Dec 27, 2007 at 10:09 PM To: "Ann Marie C. (USAFLS) Villafana" <ann.marie.c.villafana@usdoj.gov> Begin forwarded message: From: "Villafana, Ann Marie C. VUSAFLSt <Ann.Marie.C.Villafana@usdoj.gov> Date: September 23, 2007 8:58:25 PM EDT To: "Jay Lefkowitz' ‹Lefkowitz©kirkland.com> Subject: Epstein agreement Hi Jay — Here are the revisions that I agree with and those I don't. We have been over paragraph 6 an infinite number of times. It is factually accurate that the list we are going to give you are persons we have identified as victims. If we did not think they were victims, they would have no right to bring suit, regardless of whether your client is willing to waive liability or not. I have not balked about giving your client yet another month to self￾surrehdir, so please let us just put NI to rest—. Ichingeil the amount Of timeloTthe US to notify you of breach to take into account the fact that this agreement will not be completed within 30 months of execution (because of the lengthy delay before self-surrender) and to give us a 6 month window in case we discover a violation after Mr. Epstein is released. I do not care if you want to call the appointed person a "representative" instead of a guardian, so long as he/she is: (1) a lawyer; (2) independent; (3) selected by our Office or a federal judge; and (4) paid for by your client or by the federal court. I have sent this to Alex for his review. I have asked him to call me either late tonight or early tomorrow morning. When I get his comments, I will get back to you, probably tomorrow. Thank you, «070923 Epstein Non-Prosecution Agreement final v2.pdf>> EFTA00194522 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 by indictment with solicitationpf 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 into Epstein's background and any offenses that may. have been committed by Epstein against the United States froth in or around 2001 through in or around September 2007, including: (1) knowingly and willfully 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 tci knowingly persuade, induce, or entice • minorfemales 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) • r 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(6); 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 repose of engaging in illicit sexual conduct, as defined in 18 U.S.C. § 2423(f), with minor females; in violation Page 1 of 6 EFTA00194523 be divided as follows: (a) Epstein shall begin by serving eighteen (18) months in county jail for all charges, 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 twelve (12) months of community control. 3. The terms contained in paragraphs 1 and 2, supra, do not foreclose Epstein and the State Attorney's Office from agreeing to recommend any additional charge(s) or any additional term(s) of probation and/or incarceration. 4. 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. 5. Epstein shall provide to the U.S. Attorney's Offitte copies of all proposed agreetnentswith the State Attorney's Office prior to entering into those agreements. ' • 6. The United States shall provide Epstein's attorneys with a list of individuals whom it has identified as victims, as defined in 18 U.S.C. § 2255, after Epstein has signed this agreement and been sentenced. Upon the execution of this agreemencEe United States will Ee a motion with the United States District Court for the Southern District of Florida for the appointment of a guardian ad litem for these persons. Epstein's counsel may contact the identified individuals through that guardian. 7. If any of the individuals referred to in paragraph (6), supra, elects to file suit pursuant to 18 U.S.C. § 2255, Epstein will not contest the jurisdiction of the United States District Court for the Southern District of Florida over his person and/or the subject matter, and Epstein waives his right to contest liability and also waives his right to contest damages up to an amount as agreed to between the identified victim and Epstein, so long as the identified victim elects to proceed exclusively under 18 U.S.C. § 2255, and agrees to waive any other claim for damages, whether pursuant to state, federal, or common law. Notwithstanding . Page 3 of 6 EFTA00194524 in abeyance unless and until the defendant violates any term of this agreement. The defendant likewise agrees to withdraw his pending motion to intervene and to quash certain grand jury subpoenas. Both parties agree to maintain their evidence, including certain computer equipment, inviolate until all Of the terms of this agreement have been satisfied. Upon the successful completion of the terms of this agreement, all outstanding grand jury subpoenas shall be deemed withdrawn. 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 and any other individual or entity 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, br in bringing a defendant to trial. Epstein hereby requests that the United States Attorney for the Southern District ofFlorida 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 Procedureand the Sixth Amendment to the Constitution of the 'airtecrgiates 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 as to those offenses that were the subject of the grand jury's investigation. Epstein fluffier 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 for any offense that was the subject of the grand jury's investigation, 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. / / / /// /// Page 5 of 6 EFTA00194525 Villafana, Ann Marie C. (USAFLS) Front Senior, Robert (USAFLS) <RSenior@usa.doj.gov> Sent: Monday, June 23, 2008 10:06 AM To: Villafana, Ann Marie C. (USAFLS); Kuyrkendall, E N. (MM) (FBI); Richards, Jason R. (MM) (FBI) Cc: Atkinson, Karen (USAFLS) Subject: RE: Trip to New York, etc. Ok. Marie, hoping to hear from DAG's office today giving the green light. Let's talk when that decision is made. From: Villafana, Ann Marie C. (USAFLS) Sent: Monday, June 23, 2008 9:15 AM To: Kuyrkendall, E N. (FBI); Richards, Jason R. (FBI) Cc: Atkinson, Karen (USAFLS); Senior, Robert (USAFLS) Subject: Trip to New York, etc. We will not be interviewing Marina in New York. Her attorney gave a copy of the grand jury subpoena to Epstein's lawyers. They, in turn, promptly sent it on to Washington complaining, yet again, about me. So, I do not want to do an interview with him present, and we will have to put her in the grand jury. Given that, let's take the New York section out of the indictment so we can present the indictment Tuesday morning. Then we can do Marina's interview in the afternoon with plans to supersede. It probably makes sense to wait on the rest of the interviews until we hear what Marina has to say, so let's plan to do the New York trip in a few weeks. Bob — I will revise everything accordingly and send it down to you. We have another girl from Florida, so I will replace our New York Jane Doe with her. A. Marie Villafatia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 4 EFTA00194526 Villafana, Ann Marie C. (USAFLS) From: Roy BLACK <RBLACK@royblaciccom> Sent: Tuesday, June 24, 2008 3:13 PM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: FW: Jeffrey Epstein yes. >>> "Villafana, Ann Marie C. (USAFLS)" <Ann.Marie.C.Villafanaigusdoj.gov> 6/24/2008 3:08 PM >>> Ili Roy -- Is this the best number to call? (305) 371.6421 A. Marie Villafa0a Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 ----Original Message---- From: Roy BLACK frnailto:RBLACK@rovblack.coml Sent: Tuesday, June 24, 2008 3:02 PM To: Villafana, Ann Marie C. (USAFLS) Cc: jack goldberger Subject: Re: FW: Jeffrey Epstein Marie that is a good time. I also want to conference Jack Goldberger into the call. This will be a wrap up call. Roy >>> "Villafana, Ann Marie C. (USAFLS)" <Ann.lidarie.C.Villafanafglusdoj.gov> 6/24/2008 12:23 PM >» Dear Roy: Jeff Sloman contacted me and asked me to return your call regarding the Epstein matter. I am forwarding to you an e-mail that I sent to Jay Letkowitz last night. Karen and I can call you at 3:30 to speak about your list of issues. If that time does not work, please let me know what times you are available. Thank you. A. Marie Villafatla Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Villafana, Ann Marie C. (USAFLS) Sent: Monday, June 23, 2008 5:55 PM To: lefkowitz@kidcland.com; Jay Lefkowitz Cc: Atkinson, Karen (USAFLS) 3 EFTA00194527 Subject: Jeffrey Epstein Dear Mr. Letkowitz: 1 understand that the Deputy Attorney General has completed his review of the Epstein matter and has determined that federal prosecution of Mr. Epstein's case is appropriate. Accordingly, Mr. Epstein has until the close of business on Monday, June 30, 2008, to comply with the terms and conditions of the agreement between the United States and Mr. Epstein (as modified by the U.S. Attorney's December 19th letter to Ms. Sanchez), including entry of a guilty plea, sentencing, and surrendering to begin his sentence of imprisonment. If you have any questions, please feel free to contact me at the number shown below. A. Marie Villafafia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 4 EFTA00194528 Villafana, Ann Marie C. (USAFLS) From: Sloman, Jeff (USAFLS) <1Sloman@usa.doj.gov> Sent: Tuesday, June 24, 2008 9:14 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Re: Jeffrey Epstein Agreement Let's talk about going to the COP --- Original Message --- From: Villafana, Ann Marie C. (USAFLS) To: Roy BLACK <RBLACK(groyblack.com>; Jack Goldberger <jgoldberger®agwpa.com> Cc: Atkinson, Karen (USAFLS) Sent: The Jun 24 16:04:55 2008 Subject: Jeffrey Epstein Agreement Dear Roy and Jack: I am just writing to re-state that it is the Government's position that we have a signed, binding agreement and that there is no need for further modification. Please keep us informed of the date and time of the change of plea and sentencing. Thank you. A. Marie Villafafia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 6 EFTA00194529 Villafana, Ann Marie C. (USAFLS) From: Sloman, Jeff (USAFLS) <1Sloman@usa.doj.gov> Sent: Thursday, July 17, 2008 2:51 PM To: Villafana, Ann Marie C. (USAFLS); Acosta, Alex (USAFLS); Atkinson, Karen (USAFLS); Lee, Dexter (USAFLS) Subject: RE: Emailing: 080717 Tein Ltr.wpd Attachments: 080717 DraftTein Ltr.wpd Marie, 'Fein may be trying to bait us into declaring the matter closed when it's technically deferred/suspended. As a result, I've revised your draft which you may be able to color in a bit. Let me know what you think. Thanks, Jeff ----Original Message From: Villafana, Ann Marie C. (USAFI,S) Sent: Thursday, July 17, 2008 11:38 AM lb: Acosta, Alex (USAFLS); Sloman, Jeff (USAFL,S); Atkinson, Karen (USAFLS); Lee, Dexter (USAFLS) Subject: Ernailing: 080717 Tein l.tr.wpd ----Original Message From: Villafana, Ann Marie C. (USAFLS) Sent: Thursday, July 17, 2008 11:38 AM To: Acosta, Alex (USAELS); Sloman, Jeff (USAFLS); Atkinson, Karen (USAFLS); Lee, Dexter (USAFLS) Subject: Emailing: 080717 Tein Ltr.wpd Here it is. Feel free to revise. 1 have listed myself as the author, but it may be more powerful coming from someone else. The message is ready to be sent with the following file or link attachments: 080717 Tein Ltr.wpd Note: To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your c-mail security settings to determine how attachments are handled. EFTA00194530 U.S. Department of Justice United States Attorney Southern District of Florida A. Marie Villafaifa 500 South Australian Ave, Suite 400 West Palm Beach, Florida 33401 (561)820-8711 Facsimile (561) 820-8777 FACSIMILE COVER SHEET TO: MICHAEL DUTKO DATE: July 10, 2008 FAX NO. 954 764-5040 # OF PAGES: 4 PHONE NO. 954 764-2500 RE: FROM: A. MARIE VILLAFAITIA, ASSISTANT U.S. ATTORNEY PHONE NO. 561 820-8711 COMMENTS: EFTA00194531 P. 1 * * * TRANSMISSION RESULT REPORT ( JUL.10.2008 1:04PM ) * * * TTI USAO WPB FL DATE TIME ADDRESS MODE TIME PAGE RESULT PERS. NAME FILE JUL.10. 1:03PM 19547645040 TES 0'44" P. 4 OK 425 4 : BATCH L : SEND LATER S : STANDARD A-: ASYNC MODE C : CONFIDENTIAL @ : FORWARDING D : DETAIL 1-: MIL_STD MODE P : POLLING E : ECM F : FINE G-: RICOH-MG3/COMPATIBLE MODE M : MEMORY : REDUCTION EFTA00194532 U.S. Department of Justice United States Attorney Southern District of Florida A. Marie Villafafla 500 S. Australian Ave, 4th Floor West Paint Beach, Florida 33401 (561) 820-8711 Facsimile (561) 820-8777 FACSIMILE COVER SHEET TO: Jeffrey Herman, Esq. DATE:. July 10. 2008 FAX NO. 305-931-0877 PHONE NO. 305-931-2200 # OF PAGES: 13 RE: Jeffrey Epstein FROM: A. MARIE VILLAFATRA, Assistant U.S. Attorney PHONE NO. 561 209-1047 COMMENTS: EFTA00194533 P. 1 * * * TRANSMISSION RESULT REPORT ( JUL.10.2008 1:07PM ) * * * TTI USA() WPB FL DATE TIME ADDRESS MODE TIME PAGE RESULT PERS. NAME FILE JUL.10. 1:05PM 305-9312200 TES 2'31" P.13 OK 426 • : BATCH C CONFIDENTIAL P e POLLING M : MEMORY L : SEND LATER @ : FORWARDING E : ECM > REDUCTION S STANDARD D : DETAIL F : FINE A-: ASYNC MODE 1-: MIL_STD MODE G-: RICOH-MG3/COMPATIBLE MODE EFTA00194534 U.S. Department of Justice United States Attorney Southern District of Florida A. Marie Villafaila 500 S. Australian Ave, 4th Floor West Palm Beach, Florida 33401 (561) 820-8711 TO: Facsimile (561) 820-8777 FACSIMILE COVER SHEET Jeffrey Herman. Esq. DATE: . July 10.2008 # OF PAGES: RE: 13 FAX NO. 305-931-0877 PHONE NO. 305-931-2200 Jeffrey Epstein FROM: A. MARIE VILLAYARA, Assistant U.S. Attorney PHONE NO. 561 209-1047 COMMENTS: EFTA00194535 P. 1 * * * TRANSMISSION RESULT REPORT ( JUL.10.2008 1:07PM ) * * * TTI USAO WPB FL DATE TIME ADDRESS MODE TIME PAGE RESULT PERS. NAME FILE JUL.10. 1:05PM : BATCH L : SEND LATER S : STANDARD A-: ASYNC MODE 305-9312200 TES 2'31" P.13 OK 426 C : CONFIDENTIAL : FORWARDING D : DETAIL 1-: MIL_STD MODE P : POLLING M : MEMORY E : ECM > : REDUCTION F : FINE G-: RICOH-MG3/COMPATIBLE MODE EFTA00194536 P. 1 * * * TRANSMISSION RESULT REPORT ( JUL.10.2008 1:02PM ) * * * TTI USA° WPB FL DATE TIME ADDRESS MODE TIME PAGE RESULT PERS. NAME FILE JUL.10. 1:01PM 561 588 8819 TES • : BATCH L : SEND LATER S : STANDARD A-: ASYNC MODE C : CONFIDENTIAL @ : FORWARDING D : DETAIL 1-: MIL_STD MODE 0'42" P. 4 OK 424 P : POLLING M : MEMORY E : ECM > : REDUCTION F : FINE G-: RICOH-MG31COMPATIBLE MODE EFTA00194537 U.S. Department of Justice United States Attorney Southern District of Florida A. Marie Malaita 500 S. Australian Ave, 4th Floor West Palm Beach, Florida 33401 (561) 820-8?11 Facsimile (561) 820-8777 FACSIMILE COVER SHEET TO: Ted Leopold, Esq. DATE: July 10, 2008 FAX NO. (561) 697-2383 PHONE NO. 561 684-6500 ge? # OF PAGES: 4 RE: FROM: A. MARIE VILLAFAIRA, Assistant U.S. Attorney PHONE NO. 561 209-1047 COMMENTS: EFTA00194538 P. 1 * *' * TRANSMISSION RESULT REPORT ( JUL.10.2008 12:27PM ) * * * TTI USAO WPB FL DATE TIME ADDRESS MODE TIME PAGE RESULT PERS. NAME ' FILE JUL.10. 12:26PM 15616972383 TES • : BATCH L. SEND LATER S : STANDARD A-: ASYNC MODE C : CONFIDENTIAL : FORWARDING D DETAIL 1-: MIL_STD MODE 0'52" P. 4 OK 422 P : POLLING M : MEMORY E : ECM > : REDUCTION F : FINE G-: RICOH-MG3/COMPATIBLE MODE EFTA00194539 U.S. Department of Justice United States Attorney Southern District of Florida A. Marie Villafafia 500 S. Australian Ave 4th Floor West Palm Beach, Florida 33401 (561) 8204711 Facsimile (561) 810-8777 FACSIMILE COVER SHEET TO: Ted Leopold. Esq. Albl ' DATE: July 10.2008 FAX NO. (561) 697-2383 # OF PAGES: 4 PHONE NO. 561 684-6500 RE: FROM: A. MARIE VILLAFASIA. Assistant U.S. Attorney PHONE NO. 561 209-1047 COMMENTS: EFTA00194540 P. 1 * * * TRANSMISSION RESULT REPORT ( JUL.10.2008 12:27PM ) * * * TTI USA° WPB FL DATE TIME ADDRESS MODE TIME PAGE RESULT PERS. NAME FILE JUL.10. 12:26PM 15616972383 TES 4 : BATCH L : SEND LATER S : STANDARD A-: ASYNC MODE C : CONFIDENTIAL : FORWARDING D : DETAIL 1-: MIL_STD MODE 0'52" P. 4 OK 422 P : POLLING E : ECM F : FINE G-: RICOH-MG3ICOMPATIBLE MODE M : MEMORY > : REDUCTION EFTA00194541 U.S. Department of Justice United States Attorney Southern District of Florida A. Marie Malan° 500 S. Australian Ave, 4th Floor West Palm Beach, Florida 33401 (561) 820-8711 Facsimile (561) 820-8777 FACSIMILE COVER SHEET TO: Richard Willits. Esq. DATE: July 10. 2008 FAX NO. 561-588-8819 # OF PAGES: 4 PHONE NO. 800-870-0573 RE: FROM: A. MARIE VILLAFARA, Assistant U.S. Attorney PHONE NO. 561 209-1047 COMMENTS: EFTA00194542 Villafana, Ann Marie C. (USAFLS) From: Kuyrkendall, E N. (FBI) Sent: Tuesday, July 22, 2008 3:05 PM To: Villatana, Ann Marie C. (USAFLS) Subject: Re: Bogota- ALAT Robert Falero. Sydney - ALAT Matthew Witt. Original Message From: Villafana, Ann Marie C. (USAFLS) <Ann.Marie.C.Villafana@usdoj.gov> To: Kuyrkendall, E N. Sent: Tue Jul 22 15:01:29 2008 Subject: RE: Actually, do you have the names of the LegAtts? A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Original Message From: Kuyrkendall, E N. (FBI) Sent: Tuesday, July 22, 2008 2:58 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Re: Leave them unaddressed they will be hand delivered with Twiler's. Original Message From: Villafana, Ann Marie C. (USAFLS) <Ann.Marie.C.Villafana@usdoj.gov> To: Kuyrkendall, E N. Sent: Tue Jul 22 14:57:45 2008 Subject: RE: Hey Nesbitt - What addresses should I put on Shasdy's and letters? A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 1 EFTA00194543 Phone 561 209-1047 Fax 561 820-8777 From: Kuyrkendall, E N. (FBI) Sent: Tuesday, July 22, 2008 12:28 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Marie, Hey take a deep breathi l l i l l I had not read your latest email or Tein's letter. I'm speechless but we must deal with only one issue at a time. We need to, as u say, digest and disect. As I write this, the pain in my gut intensifies. I hope it is only something I ate and not an ulcer from Epstein. Anyways, take a deep breathi l l i l l Our legat has located what we believe to be a good address for Shasdy. I need to come by and get her letter from you so it can be included with the lead to Bogata. address is: 13373 Windsong Way, Carrollton, Va 23314 (561)306- 9970 Let me know what time to come by and also dont hestitate to call if you need something done. Hang in there(THIS IS CRAZY)t 1 t T I 1 t I 1 1 1 I 1 1 1 ! T t I I I Nesbitt 2 EFTA00194544 • JOSEPH LATTERBURY • t JACK A. GOLDBERGER JASON S.WEISS °Board Certified CrImInalTrIal Attorney f Member of New Jersey & Florida Bars July 10, 2008 A. Marie C. Villafana, Esq. Assistant United States Attorney 500 S. Australian Avenue 4th Floor, Suite 400 West Palm Beach, Florida 33401 SENT WA E-MAIL & FACSIMILE (561) 820-8777 Re: Jeffrey E. Epstein Dear Ms. Villafana: Thank you for your letter of yesterday. Kindly allow me a few follow-up points. First, we respectfully request a reasonable opportunity to review and comment on a draft of the modified notification letter you intend to mail before you send it. Second, we respectfully ask that you provide us with the identity of the victims' rights organization described in your letter; the name and contact information of the person at that organization with whom the Government has been communicating; copies of any communications with that organization and the pro-bono lawyers/groups who were recommended by that organization; and a description of any non-written communications that the Government has had with that organization and the pro-bono lawyers/groups. Third, while we appreciate your offer to disclose the names of the lawyers currently representing the individuals when you have finished compiling all of that information, we would be very grateful if you would provide any contact information you do have, on a rolling basis. Fourth, would it be possible for you to advise us of the full name of the minor to whom you have referred by initials, as well as the identities of the three individuals whom the Government notified about the deferred-prosecution agreement shortly after its signing (as One Clearlake Centre, Suite 1400 250 Australian Avenue South West Palm Beach. FL 33401 p 561.659. 8300 f 561.835.8691 wew.agwpa.com EFTA00194545 indicated in your letter of December 13, 2007)7 Fifth, please recall that Mr. Sloman wrote to Judge= on October 25, 2007 that "The United States takes no position as to the validity of any such claim under this statute." To avoid any appearance that the United States is endorsing or encouraging litigation by the identified individuals, we believe that such a statement should be included in any notification letter. I look fo and to receiving your input on these issues. Until then, I remain, Jack A. Goldberger JAG/na cc: Jeffrey E. Epstein EFTA00194546 JUL-10-2008 THU 04:38 PM FAX NO. 5618358691 P. 01 ATTERBURY, GOLDBERGER & WEISS, P.A. 250 Australian Avenue South Suite 1400 West Palm Beach, Florida 33401 (561) 659-8300 Fax: (561) 835-8691 FAX TRANSMITTAL COVER SHEET DATE: July 10, 2008 TO: A. Marie C. Villafana, Esquire FAX NO.: 561-820-8777 FROM: Jack A. Goldberger, Esquire REMARKS: Jeffrey Epstein TOTAL PAGES: 3 , including cover sheet •" PLEASE NOTE - CONFIDENTIALITY WARNING *** THIS MESSAGE IS INTENDED FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW.If the reader of this message is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication In error, please notify us Immediately by telephone, and return the original message to us at the above address via the U.S. Postal Mail Service. Thank you for your cooperation. EFTA00194547 Villafana, Ann Marie C. (USAFLS) From: Sloman, Jeff (USAFLS) Sent: Thursday, July 10, 2008 5:15 PM To: Villafana, Ann Marie C. (USAFLS); Acosta, Alex (USAFLS); Atkinson, Karen (USAFLS) Cc: Kuyrkendall, E N. (FBI); Richards, Jason R. (FBI) Subject: Re: Proposed response to Goldberger's letter Fine Original Message From: Villafana, Ann Marie C. (USAFLS) To: Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS); Atkinson, Karen (USAFLS) Cc: Kuyrkendall, E N. (FBI); Richards, Jason R. (FBI) Sent: Thu Jul 10 17:12:26 2008 Subject: Proposed response to Goldberger's letter Please let me know if this is alright to fax out today. 1 can see no reason for us to disclose any of the additional information that they have requested. The message is ready to be sent with the following file or link attachments: 080710 Response to Goldberger Itr re notification.wpd Note: To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. EFTA00194548 U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beach FL 33401 (561)8204711 Facsimile: (561) 820-8777 July 10, 2008 VIA FACSIMILE Jack A. Goldberger, Esq. Atterbury, Goldberger & Weiss, P.A. One Clearlake Centre, Suite 1400 250 Australian Ave S. West Palm Beach, FL 33401-5015 Re: Jeffrey Epstein Dear Mr. Goldberger: In response to your letter of today's date, copies of the victim notifications are being mailed to you on a rolling basis. For those victims who have counsel, the attorneys' contact information will be included. As you will see, the letter makes clear that neither the U.S. Attorney's Office nor the Federal Bureau of Investigation can take part in or otherwise assist in civil litigation. The Office feels that is a sufficient statement of its position and we will not include the language that you have requested. Also, a final list of victims has been sent to you today via Certified Mail. That list is identical to the draft provided to you on June 30th, except that it also includes the full name of the minor victim. By: cc: Karen Atkinson, AUSA Sincerely, R. Alexander Acosta United States Attorney,- A. Marie Villafafla Assistant United States Attorney EFTA00194549 P. 1 * * * TRANSMISSION RESULT REPORT ( JUL.10.2008 5:26PM ) * * * TTI USA° WPB FL DATE TIME ADDRESS MODE TIME PAGE RESULT PERS. NAME FILE JUL.10. 5:26PM 5618358691 TES : BATCH L SEND LATER S : STANDARD • ASYNC MODE C ; CONFIDENTIAL : FORWARDING D : DETAIL 1-: MIL_STD MODE 0'24" P. 2 OK 434 P : POLLING M : MEMORY E : ECM > : REDUCTION F : FINE G-: RICOH-MG3/COMPATIBLE MODE EFTA00194550 U.S. Department of Justice United States Attorney Southern District of Florida A. Marie Yillafatla 500 S Australian Ave, 4th Floor West Palm Beach, Florida 33401 (561) 820-8711 TO: Facsimile (561) 820-8777 FACSIMILE COVER SHEET Jack Alan Goldberger DATE: July 10. 2008 # OF PAGES: RE: FAX NO. 561-835-8691 2 PHONE NO. 561 659-8300 Jeffrey Epstein FROM: A. MARIE VILLAFARA. Assistant U.S. Attorney PHONE NO. 561 209-1047 COMMENTS: EFTA00194551 JOSEPH FLATTERBURY ef JACK A.GOLDBERGER JASON S.WEISS 'Board Certified Criminal Trial Attorney t Member of New Jersey & Florida Bars July 21, 2008 A. Marie Villafana, AUSA U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Avenue, Suite 400 West Palm Beach, Florida 33401 SENT VIA FACSIMILE (561) 820-8777 Re: Jeffrey Epstein Dear Ms. Villafana, Enclosed please find a Motion For Return of Property that I filed in Mr. Epstein's state case. Out of abundance of caution, I am providing you a copy of the motion. P1 advise me as to what your position is on this matter. Ja' dberger J G/na closure One Cleariake Centre, Suite 1400 250Australian Avenue South West Palm Beach, FL 33401 p 561.659.8300 f 561.835.8691 wwwagwpa.com EFTA00194552 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA STATE OF FLORIDA vs. JEFFREY EPSTEIN, Defendant. CASE NO.: 2006CF009454AXX DIVISON: "W" DEFENDANT'S MOTION FOR RETURN OF PROPERTY COMES NOW the Defendant, JEFFREY EPSTEIN, by and through his undersigned attorney, and moves this Honorable Court to enter an Order for return of property seized on October 20, 2005 during execution of a search warrant at the Defendant's residence. In support thereof the Defendant states as follows: 1. On October 20, 2005, the Palm Beach Police Department executed a search warrant at the Defendant's residence. During the execution of the warrant, numerous items of the Defendant's personal property were seized and impounded by the Palm Beach Police Department. A copy of the search warrant return is attached to this motion (Exhibit A). 2. On June 30, 2008, the criminal charges arising from the search warrant were resolved through a negotiated plea agreement. 3. No legal justification exists for the continued impoundment of the Defendant's personal property. The Defendant is entitled to the return of all personal property listed in Exhibit A. WHEREFORE, the Defendant, JEFFREY EPSTEIN, respectfully requests this Honorable Court to enter an Order for the return of his personal property. EFTA00194553 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Motion was sent via FAX and U.S. MAIL to Lanna Belohlavek, Esq., Assistant State Attorney, 401 North Dixie Highway, West Palm Beach, Florida 33401, this 2\ g - day of July, 2008. ATTERBURY, GOLDBERGER & WEISS, P.A. 250 ustralian Avenue South, Suite 1400 We Palm Beac Florida 33401 (56 65;-8300 J C A. LBERGER, ESQUIRE Flo Bar Number 262013 EFTA00194554 Al • ,F PBRIM Form 052 O PROPERTY EMERGE. 0 FOUND I (DENT/9][ATION NU BER_., 0 5 Y ADDRESS WHERE PBOPE DISCOVER / D.02. r tm BEACH POLICE DEPARTMEW— , PROPERTY RECEIPT RiARGI WARRANT RETURN 0 DECEASED (Po:baled) 0 PERSONAL o. LA ORATORY • DATUTIMEFECOVERED • IMPOUND OWNER! VICTIMS NAME 1 D.O.S. ITEM 41 • QUANTITY to- Zoo ADDRESS . Stow: O STOLEWRECOVERED ' DETOT BUREAU 0 CONFISCATED Q DEEITMOY . •. . • • BIN NUMBER (CsevelBaLl • . OlOTHER PROPERTY NUMBER gem BleNd CS - 1061t•I ADDRESS Sligo! key AIBEBCRIPTION . • "ts PHONE NUMBER EXHIBIT .fir • nth-cc: a Au-- !. ,,9 41 re 44 0 • e;''` 1/I. *.NIfyix-) )root f :4 ,44i- Et gletk. )464 -;96/;-1 1( ;iri s • • • • TOYALPACICAiliE WEIGHT . • • I hereby acknowledge Umetheabove let memento al prooerty.taken from °wand that I have received a ropy of recut. • . • 01500••••••••• • SIGNATURE DATE I. hereby.acknowiedge that the above list represonW. all property Impounded • . by rio In the ofilalel performance of my duly as a police °Hider. ' . • EIGNATUR 11 1 V Le e • - ID// • UNIT RECEIVED BY REASON - . •• DATE/TIME RECEIVED. ' 'I enh RerAreiy. the nffiber by Whciw i-his:•waiient yips" inventory' containii a true anc .detai the authority . of this warrant: ' Sworn .to :and :stiklirribed 'before this 21 dal Of OCOberl €4351 acconnt of a . the • ted,• do swear that the above •• y takep.by vire I;Incle me qtr EFTA00194555 - • te...a.:••••••w : • • A •••••••" • MOD Fvw 9119 . . _M•EIEACI:l POLICE DEPARTMEli • . • PROPERTY RECEIPT. • " SEARCH .WARRANT •RSTURIN • .; . ai th DETECTIVE BUREAU' ra PROPERTY. CI FOUND CI DECE:f4SED (Probated) 0 PERSONAL CI CONFISCATED O DESTIROY 'Gil EVIDENCE. . la TRIAL ' : °LABORATORY.... a STOLENIREOVERED • • ' alOTHER • INCIDENT/CITATION NUMBER 5 • 3 6 P DATE(IIIIE REOOVERED . • io sa. cp : 0 PROPERTY NUMBER (teas SISQ . - -05— 1-0-J BIN NUMBER (Larva Mang ADDR SS WHERE PROPERTY IMPOUNDED • . . .. sC? • EL — r i b • OIECOyERED'ElY/ D.0.8.. ADDRESS . Zip • PHONE NUMBER • OWNER]. VICT4M'S NAME /MOJA ADDRESS - Sweat City 2lp PHONE NUMBER BU arrS.NAME/D.5yea),•-r c. ADDRESS 395 Ell , . . PHONE NUMBER .. . . • . • . • .AD NLBt 4. ' ' AD • ZD • • •.' • PHONENUMBER . • - - • • ' - ' • .SPECIAL INSTRUCTIONS - . . . - • . . . • . . • 1.. • • _ '"FOUND ' • . • . PROPERTY . CLAIM a ... .10 DAYS 1 '. moT CLAIM CP ' ITEM. QUANTITYVALUE - ESCRIPTION • ...s. • Ad'. /if ''''., 10 '''3 r- , 1 • • • ., :on (1.1," . - 1 eitZtra- : - • e • # . 1 e• hit) . . . h eif..:.Crset-th eel- 4 . a• 1.-..5e, b.7,&_ .6 . . ... , ... .ficsett ...? - I f_s) p, • ../1---Y (ex. 46 ,-- . .. . • ,.,. . . 64. fejia2 • CC i • '#erii•i...7 -.V;;;;;- i , • - . .. irC • . . " -- -," ''. . • :. - . - ' — . • .. . . ; . 4 . ' . " •• .. i.) • dreS :••• TY •• . - • Pyr e- -. ii 6.c. " ‘ • .. , : • k ° '. • . I. • ...- . , . . ..... , .. . ... . .. .....i i Pe.,,:;04 =/0a' 1:. irroo, .kci h.,. - --.4 A - - tr. • . . ... , . - 0,r) . op. . . . ..:,- .. ...- . priei.: ... .f. . t - :."•;. •.. • 1 ... . .. _ . 1 ?t ici ' . • )r . rel.o.. • 61;4.1 ii • 'X .. . " .— , • " • • ✓ - .. • • ye_. otte V-Pii.Ci/odt• . (+6 pr. . Ate* i‘0 yP.).• . )i, • Pirle1-G:114.0? • V ' , . . • • "1- ' ' .- - • .1 IOTALPACKAGB WEIGHT . ......1., ...S.;'• ••• ••• : • .. • /21•:e. f re0/ 4-‘ I. "IterejACIOuWitedgeIhat theabovo 61 reiisimis, in ix91:!cidy'Iii i" ••:. c. iron me and that I havveeolvede• copy of tills tocolpt. ....• .: - • (4. •• • • • ' - ' • . • . . . . . . • . . . . . • • • • . • • •• .- .. . I hereby ;Oknarledgo by.ine irtfffe official aka performance Did the above lel represents ell lit:petty DI my duty as a policeofficer. • . . jmpoundes1 .. . . . • '. r -,. . • • .• SIGNATURE . • DATE . SIGN PE • RECBVEDBY . • •DATEJTINE RECEIVED • . e• .. • • • . . .. • . . • .. • •• • .. • .. .. • ... • • • . . • • . I. • . • • • •_ ' . . • • . • ' EFTA00194556 • • ..tar r .4 A PBPD Fem. ass . • CI PflePERTY*. O FOUND. : g DECEASED (Probated) 0 -PERSONAL OCONFISOATF_D > 0 DESTROY -. )ill EVIDENCE 9:f mkt • .. . ❑ LABORATORY . ' - . 0 STOLENMEOOVERE6 0 OTHER tet b • INCIDENT/CtTATION NUMBER . .'3. ,c DATIMME RECOVERED /0- a 6- oS PROPERTY NUMBER (Leave Blank) O 5 -.to a.Li • . BIN NUMBER (Leave Bleak) .. .. . • . A PROPERTY IMPOUNDED Ft 6rii., • J . DECO sy/ D.O.B. ADDRESS Skeet PHONE NUMBER ANER/ vicrai: NAME/ DAB. • ' • .. ADDRESS &reel ' , PHONE.NUMBER SMPEBTSEA I: ME/ B.03. ofr S- kid-A .1'1W i8Pau0...E.B .. . 2.0.-C.7 ff . ADDRESS . greet ' 5515! l--1317 PHONE NUMBER D. 8 .. . — • . ADDRESS &MN ' • - 4 , . . *- • •- PHONE NUMBER SPECIAL INSTEUCTIOEB ' - . - • • - .,FOUND • • . -. • .. ' PROPERTY • • -CLAIM 0 •C - : SO DAYS ' : ' ' • -410T CLAIM CI . ITEM : QUANTITY VAL 1- • - • ' • , QESCRIPTION : :-• o t • ' : ' • . • • • 4: $ i ..:"' .. • . : ”. .. fsrLatinAnn.egin) Al PIS% /2 WALL 0 0/574Cg 4tos*Th IS/jai( i• . VI - , ' . # r Poli•ce:iltY % lir,. A ifitil 4 A b a5,,ri Ca? 6(przO, iti34-rt f 121:-151ota .- " \ I • • 1 ille.OTAPES;Y, .frV_At X170 CO t Az; iv .1.0 &frit i t...itivc-da-SIAN; fools, set.040.•;• — I , • 91.4raD. lifeiloC•pkm....4.4E Mi. AA Sit girl -#11Mart./3.0'Dfietspof . , :A214/V . . . . .. : v. . - , 4r-eafts AI,f43 tAel• 7:4671:;:rhe.kesTin?ni;o\-1214ohir en.firsun' • , 'Mt pct ip-rbtA,,, rd. 4 - A CA opii.;44ir ) it. itb ori.kor. 0.7 side gOrriA lel? 0 91til • c• . • • . . .. *Ora rseaWs • ' isis14/ ,4 •14, -4 - 7;:aroia • eitfe ',mei . . 50,01tite•t6.4.d.; ;;•... • • • •• .r • t' . ' . 0 Cle)er .• * Fir tretr• :•• • - ... - . . , . . . .. ... f • - - — '.. ... r . 2 ..r..4- .O • - g eleriaij ..".. .. j : " . •• • . . (.44^- • ' erkirchicgtMars. . .. • • :,:rmix - fr c:- en- AIA • :frA2C711/21411.'"2 • . ... .. 4; • .-. . t . . . • - . • ' (-Erg : P-tattili ... • • • •••1 : . 4 50:a •;ie rt. • 0. 36' - ." .: •r_ i .. • - tirc.I. e.1i, cc F I'N'v.s ..* :.c .-.• 4:r) - .C! 0 . ' .TOTACOAbiaqg'WEliiHT • ,I. ' ' ' ' ' thieS1 Ft ou5 •ti I tierebtacknowiedge I al the above Dal represents all property taken . -; from me lid thht I have resolved a copy of thlereceIpl: - • • by . . . . • . . -.. ' - . • I hereby eaknowledoe De In the official • .; that the above list represents all preporty Impounded • perbrmance of my duty as a police loor S . ' • : .. . 21:1 DIGNATURE • • . . SIONAT RE - ' , IDO 1 • •U IT -.. . -. • . RECOVEDBY • • . REASON DATEJTIME RECEIVED • • • . • •• . .• .; .• • . - -. • .. . • . • . . . . . . . • ... . • • ... .• • . , .* • . ..LM BEACH POLICE, D.EPAATMEI PROPfaitER n. M : • PA. ot 3 of 6 . • pETECTNE•pUR EAU ' • EFTA00194557 • • 4% 1. 3 • • t • etlf • , • • gi•-•4 •f% t• . BEACH:Pt:PUCE DEPARTMEI PROPERTY RECEIPT • • • Ric/top 6- • . • • DETECTIVE BUREAU￾0 PROPERTY 0 FOUND 0 DECEASED (Probated) ' 0 pERSONAL 0 CONFISCATED 0 DESTROY l EVIDENCE TRIM. IDLABORATORY a STOLEN/RECOVERED ' 0 OTHER ' t et• krz. - I plOIT/CITATION NUMYER Ge DATEMME RECOVERED ; /O-epo-os PROPERTY NUMBER (Leave Blank) oc_ lo v_i.. ..: BIN NUMBER game Blamky . • ADORES W FORERTY IMPOUNDED ' 258•• 61 art d& • . - DISCOVERED OY/ D.O.B. 1 ... . ADDRESS • 'Street Clryt Zp . PHONE NUMBER .. - OWNERS NAMEID.O.B. :-;;;'. • . ADDRESS. Street . Oily . • PHONE NUMBER SUSPECTS NAME / DI::, ., r # .1. . . . . 14.• • C Ztp • ES . t .5• • 'PHONE NUMBER .i.D.oz,• • isra. . ustpli ' "i --4.444-1,.'t . • ADDREBB : . '. . . . PHONE NUMBER . . ' - • - • . • 8PEBIAL INSTRUCTIDI,41? c • .... • ' • :." • • • • • eFOUNDPFIOE!ERTY' : CLAMP' • • .40 DAYS .- . ' NDT CbjUM 10 ' ITEM 8 -QUANTITY .VALUE. :ma, :-...f.c... .-• ../3 . .. ... • . . • Yon. n -• • .Sridefh; ...SArig-I ' '.. - - • ., . • . • . . •c•ve 14, C//C' - "r-- • 6:diec.f ?esti-L. . " ' .' -4 s• -0 .• 10:;•• r Pik :.. . 009 6 ir eS. i I. .: 7 .,.. ; : l• . ..... 0. O. .1;49.lt . t: . :: 4.1* ' fr. ae )::151 . . ..; . : . 7074::. . te i..., %I:• ., “ . it •••:. .; f .t.Wc .. .,.-: • i . ,r • t • • r .....r ,..4: .. . ,.. .4. -.- tat . • .: • 'I tact' 4 ":. • ,. -,.V.. kgber,1;? : .. .C4 .• . ;.:.-93,4 , ?• . : . }/;I•eXt i .,....., -4,..; :•:-.:• )Cf - i.lie,s -7t . • •• 1-•• e . . '. • ••• 10- tr A.m.!: nw • .. • . . . qgieT!)./Si . 4.c'••••4:kriiri-•• .; . 4,-;)*Arie';•F29-fT9r2a7J-: "----;•.- . . ,-.......,: • . . ..ixf, . • -".... 1:;isafiellaii i •is:.•••••,... . . • . . . ' A,its_ ..r . e.,t.;,•,6,Cfcre.:i • • :-:••• : :A-hi:hi-Me .(7 . 'f..1:0.b - -...-:- • fe.s...; , -. Q.: .i• :-. , . 6 ..- . . is s:A..701:ile..-v 7 ‘ ---- • • . :Stiits .,-6th. e....-.2,••....:;T:c . • •-• - 'atusixts-- .. • .— ) -0C 9-45 s•-• •-;'•)::,./. -... . .. . .....,......0.1... „.• . -. ,"0..1,f):1gr-itree..0.1i.dt, s--e - cy - t - .. • • • • . . • • ...... • TOTAL .PACKAGE VVEIGAT • -. .. • . • • 'I hay acknoWledge that the above Hat represents al property falson ' ..:. from me and that I have received a oopy of the receipt. .i...' • ' ' I hereby acknowledge that the thrive list' repassents:eS by me in the official pertommece of my duty as a polite • . .. 146 — property Impounded op loor. - • SIGNATURE DATE Die ATU • IDI .-44NIT -,.,a . RECEIVED BY REASON DATE/TIME RECEIVED • t . - . • EFTA00194558 • • BEACH POLICE DEPARTMEI • " PROPEIWY•RECEIPT: • •- • • Alec 5 or 6 ? • • • DETECTIVE BUREAU CI PROPERTY • . . O ',CI DECEASED (Probaled) PERSONAr. . • . 0 CONFISCATED • DESTROY, ' . ., 44 EVIDENCE .. \yd ' CI LABORATORY . CI STOLEN/RECOVERED ; U OTHER . . - • : a b INOIDENT/GITAMONNUI.41 . 0 5 '' SO SK DATEMINE 70— RECOVERED .02 o - C* C - • PROPERTY NUMBER (Leave Blank) • 06 - - 10 at-34/ - . BIN NUMBER (lave MSQ . • ADDRESS VYM. POPERTYSPouNDPri 3& -gf EE. . . ", Brt11 D Pal / i4;1 8:ea c • .. . DISCOVERED ISY/ D.O.S. . .• • ADDRESS Street • .. ay . •• NE NUMBER • - • • OWNER'S NAME/V.0# • . . ADDRESS • ,f Stroot • ' Gay . 7$,- PHONE NUMBER _ : . • : SUSPEGTS NAME/D.O.B. • 0/-90 - 60DREBB • 1.r. th•• ,_ie:cr . . Senor my a ..551). EL t tit . PHONE.NUMBER . •• . • • AD NI- SUSPECT/ .8% • . ' . . . • . ADDRESS - • ..soes: city DP .. .: .. . • ....: . . ‘r PHONE NUMBER " . -.. c . • SPECIAL INSTRUCTIONS, . . . . ' . • ' ; • . • • • • ••• • • • : : .- 2EcUND.pROPEFITY. . .CLAIM ID - ... .. . ••'..eo DAYS: . • . Not (jail., O rrElift, :otoANTin- . PoWP IC,: • (6/1. • VO'. C. P11" • # c e ct' . • • Vsert? . .. : .:1;:br:•* :: ( t itt. ... i tilk: 6 -FCcie.- ./fr , 71 (.-teentbAl-va.. . 14(111414 • .••:- •. ', : t. ...." • .. : ',I': . 1- • if- 0.4.1t,e,riciev P64)4 *e•cire 4. . .s:..., kni../4.5S .. .. . • at. -**--..1-. CD S ....VA. ' ...., own. r ;7 • wit . , :... .': ..' • -PoArk: • trt•Ptsal if. 4-ot Jo i -t ... - tips . - -•;:tit. . - - -r:."4-41- ) .. .. as : • • • x ..,.. . . .. . . . . • . • . . • . . :. 44;:: • - ••••• - . .. . .... • ...-......• - - ...,:. : • 'A.: — • - •••t• .l.• : I. .' • "••• -•• • •• • ••• • • •• ' .: . • • •42e•Turaj • • - • • -- • • . .. ... ..-4...;.....---• ,-- • -•:-:•••-•• -. • .• : -- :.-- . - .• • •:--.• : 1.--•••• • •?, • .. ,. . • latIt4iss. . • • . , . . • ... . . . - : • • • .. .- - . . • • ,tveit.-4, : -.t. • • . • . .. . . . . . . . i-LEtro t i . . . • -.is_ : • ..6-. ...... $.4,0..ts• !tr.:see •r • IL. ; • • . • t • • ei . 0 • . • • • . TOTAL PACKAGE WEIGHT . .• I hereby acknowledge that the abo a 1st replesonts at property taken . . from•me and (hal I have received a copy of In recelpt. . . - .. I hereby acknowledge that the above list represents all property Impounded In the official performance of my duty aa.a police Officer. ( S -- ' • • t7 1........ . SIGNATURE DATE =1GNA 'E IDII ' . • UNIT ,,,A. RECEIVED BY REAS. DKIFJTIME.RECEIVED \N"-----;•• ' " • . • . • EFTA00194559 • ere ,44d 1 • al‘w s'a PALM BEACH 0tOLICifiDEPARTMEisi I • PISDP TY;FIEOEIPT Pt/ 17. Mc eq. 6 • DETECTIVE BUREAU 0 PROPERTY . . . . .. . C1 FOUND CI DECEASED (Prcbaled) • 'OP MS 1.6NX - • 0.00NFIWATED ' . 01 DESTROY letiOVIDE ICE . .i, '• . 41 bL60Ril\TORI ❑ firoi..ENEIECOVERED . 0 OTHER a to . (NIDE T RA MASER DATEMNE RECOVERE_D . ID 200C 1111O PROEERTY•NUMBER ..-: OS -, pan BlaNc) (0D L-1 BIN NUMBER (Leave Blank) • ADDREESHI ;F PERTift... POUND(2)44 I i ci . • • • .' DISCOVERED BY/ D.O.B. ADDRESS Steel ' . . . . . • ' - PHONE NUMBER . OWNER'S NAME / D.O.B. • ADDRESS Steel PHONE NUMBER Sy, B NAME/ D.O.S. ( 1 r‘P e - ' it ri , ADDRESS Steel • 3 cr. tr. Saar. PHONE NUMBER ADDrat SDSPEDVD.013: • ADDRESS • PHONE .. . . . . • ...-- .. • " •:.r % NUMBER . INSTBDCT)ONS • FOUND PROPERTY - . CLAIM th • . ., . . . • • • • ,: . 4. ' SO DAYS • NOT CLAIM fa. P I Aparry vAktiE ' DESCRIPTION tivervi . • .' " aitEiti ti • p i14/). .-. ....rfisiGo. •- 4.e ien, . -hi.... Atte O ‘/ • . . , .• • . • • . . . . . . • • . IL ivi t.,•••!. • • . • • . .. . .• -• • • : • • • " . . . .. • . • .• . . W. . • . . ... %. " ;*„. ,,,L..-, ,.... f.., ....::•_:,, . . . . . . • • • . :— '-.,::' *—;":•:.'" , '"" -::. . , . .. . • .... • . . , . • . . . . . - -....f . . .. . .u,{74 ... .. .. . .. .. . . . cr..„.,.., ••••7 . ....c....:.1.9..?,.......1:a, . • . . .. .?........,-....-.:. ...-1,;;,,,z -,,,:i„,,,--%,.,„...4..i:•..,...:•,..;:,.. . • : • .........„ -. . .• . . • • • . . •f . • . . • • . . TOTAL PACKAGE WEIGHT Ifr I hereby acknowledge that the above list represents all property taken , • Irerhine BM !hall have received a copy of thb receipt. .:. . - I hereby acknowledge that the above fist represents all property Impounded by me In the official performance of my duty as a pollee officer. illial I IIII I i .C‘ tk< ..,..D24, SIGNA • ID$ UNIT - SIGNATURE • DATE RECEIVED BY REASON . DATE/TIME RECEIVED •C ISli sboi_t. / tao- os. • .- 1 _ . • .. .. . • ter EFTA00194560 Villafana, Ann Marie C. (USAFLS) From: Sent: To: Marie, Kuyrkendall, E N. (FBI) Monday, July 21, 2008 4:44 PM Villafana, Ann Marie C. (USAFLS) Here is a list of the victims Twiler still needs to make contact with: 1. - (Left Message) 2. VII - - - (Will follow-up with VS Smith today with her guardian's information} 3. (Bad Number) 4. L • • II • 4i (Left Message) 5. I Left Message) 6. I (Bad Number) 7. I MI ong Number) 8. I (AustraliaNS Smith will contact the Legal today) 9, Sicitano (Wrong Number) 10. rAythe (Bad Number) 11. hasdy Velasco (ColumbiaNS Smith will contact the Legat today) We will attempt to locate current information and get back with you daily on victims that we speak with so that you can forward letter. Nesbitt EFTA00194561 Villafana, Ann Marie C. (USAFLS) From: Sent: To: Marie, Kuyrkendall,.E N. (FBI) Monday, July 21, 2008 4:44 PM Villafana, Ann Marie C. (USAFLS) Here is a list of the victims Twiler still needs to make contact with: 1. (Left Message) 2. - (Will follow-up with VS Smith today with her guardian's information) 3. (Bad Number) 4. .. . • (Left Message) 5. eft Message) 6. r (Bad Number) 7. r i rong Number) 8. r (AustraliaNS Smith will contact the Legat today) 9, : to (Wrong Number) 10. (Bad Number) 11. Shasdy Velasco (ColumbiaNS Smith will contact the Legat today) We will attempt to locate current information and get back with you daily on victims that we speak with so that you can forward letter. Nesbitt 1 EFTA00194562 VICTIMS' ADDRESSES B: 09/03/1990 Age: 13 Address: 2319 Avenue Barcelona E, West Palm Beach, FL 33415 Phone: 561-294-8681 ' N „Dvir: 2/22/1986 Age: 17 dress: 387 Las Palmas Street, Royal Palm Beach, FL 33411 Phone: 561-718-5070 (C) !)?B: t 1/21/1987 Age: 14 R9dress: 2210 48th Terrace North, West Palm Beach, FL Phone: 561-856-7647 (mother); 561-294-0330 (stepfather) D B: 02/21/1987 Age: 17 • dress: 349 86th Terrace South, West Palm Beach, FL 33411 Phone: 561-201-2072 (C); 561-547-2415 (11); 561-798-1747 VALLARO, (Garcia - married name) DOB: 7/1986 Age: 17 Address: 8500 Tidewater Drive, Apt 61, Norfolk, VA 23503 Phone: 757-493-3750 (H) D :02/08/1987 Age: 17 Address: 7351 East Speedway Blvd, #22D, Tuscon, AZ 85710 Phone: 561-436-2111 (C) DOB: 10/10/1987 Age: 17 Address: 268 Bent Oak, #268, Royal Palm Beach, FL 33411 Phone: 561-713-4911 (C); 561-723-3291 and 803-267-2586 (father, Michael M) New (C) Phone: 561-853-4452 EFTA00194563 DOB: 04/21/1988 Age: 16 Address: 10740 Oakland Way, Wellington, FL 33414 Phone: 561-601-8813 (C); 561-333-8195 (sister Kristin) (Cartwright) DOB: .06/18/1987 Age: 17 dress: 1554 Tangerine Blvd., Loxahatchee, FL 33470 A f Nov 21: 310 Crestwood Circle, Apt 208, Royal Palm Beach, FL 33411 Phone: 561-294-4139 (C); 561-793-7706 (H); Newest # 561-644-4889 Email: mamacartwright07(glaol.com OB: 11/17/1986 Age: 17 A ss: 432 Oriole Circle, Jupiter, FL 33458 Phone: 772-224-1262 (aunt); 561-676-5619 (C) DOB: 01/02/1988 Age: 15-16 /6 4 Address: 8813 Rodeo Drive, Lake Worth, FL 33467 Phone: 305-345-5752 (father's cell); (C) 954-494-1178 DOB: 95/13/1990 Age: 14 A :16745 West Downers Drive, Loxahatchee, FL 33470 Phone: 561-333-7190 (H); 561-721-5394 (Erika Gonzales, step mom); 561-721-5393 (Daniel ME, dad) DOB: 12/30/1986 Age; 17 Address: FSU, P.O. Box 60055, Tallahassee, Phone: 561-779-8532 (C) (DiCenso) /14),?1,64ie DOB: 08/15/1986 Age: 17 4608 Diana Drive, Apt 3, Great Falls, MO 59405 Phone: 954-801-0217 (C); 954-830-1137 (David Dicenso, husband) EFTA00194564 05/30/1986 Age: 16 22 62 Lane North, West Palm Beach, FL 33412 Phone 294-8542 (C); 863-9461 (aunt's) : y2/08/1987 Age: 17 A : 111 Segovia Ave, Royal Palm Beach, FL 33411 Phone: 561-502-7636 (C); 561-791-0945 (H) DOB: 04/29/1988 Age: 16 Address: 1543 Kudza Rd, West Palm Beach, FL 33415 Phone: 561-574-4407 (C); 561-964-4365 (H) ~~ATA, • B: 02/29/1988 Age: 16 dress: 1508 C Road, Loxahatchee, FL 33470 Phone: 561-371-5635 (C); 591-784-7336 (H) EZ, DOB: 03/05/1988 Age: 16 Address: 108 Gibraltar St, Royal Palm Beach, FL 33411 Phone: 561-935-1497; 561-283-3931; 561-784-8156 (parents) DOB: 07/26/1988 Age: 15 d ress: 265 Bang Oak, Royal Palm Beach, FL Ph e: 561-633-7361 (C) Attorney: James L. Eisenberg One Clearlake Center, Ste 704 Australian Ave South, West Palm Beach, FL 33401 Phone: 561-1-659-2009; 561-659-2380 (fax) —.....""---D.T = : 05/28/1987 Age: 17 Ad ress: 103 Mulbeny Grove Road, Royal Palm Beach, FL 33411 Phone: 561-310-9048 (C); 561-798-8739 (H) EFTA00194565 DOB: 07/30/1987 Age: 17 Address: 4783 Wiggins Road, Lake Worth, FL 33463 Phone: 561-201-7421 (C) PENTEK, DO :06/30/1987 Age: 16 : 11906 Loftway Circle, Apartment 323, Orlando, FL Phone: 561-313-6730 (C) DOB: 06/16/1987 Age: 16 Address: 4017 Bluff Harbor Way, Wellington, FL Phone: 561-306-9970 (C) D B: 06/17/1988 Age: 16 ddress: 1424 Edgehill Rd, West Palm Beach, FL 33417 Phone: 561-689-4717 (H) DOB: 08/09/1983 Address: Phone: 001-614-486-2706; 011-612-9645-6353 (Australia) Husband: Robbie Giuffre (Giuffre) Age: 15 'N.NID14/O1e1904/09/1986 Age: 17 : 12247 72nd Court North, Royal Palm Beach, FL 33412 Phone: 561-333-0180 (H) Attorney: Michael Dutko 600 S. Andrews Ave, Ste 500 Fort Lauderdale, FL 33301 Phone: 954-764-2500; 954-764-5040 (fax) SCHWEGEL, B: 04/23/1987 Age: 17 ddre.s.s: 600 Evelyn Court, West Palm Beach, FL 33413 Phone: 561-267-90.04 (C) EFTA00194566 DOB: 07/28/1988 Age: 16 Address:14843 93rd Street North, West Palm Beach, FL 33412 Phone: 561-267-9004 (C) DOB: 03/02/1986 Age: 17 Address: Palm Beach County Jail Phone: 863-773-9121 (father) VELASCO, Shasdy DOB: 09/21/1986 Age: 17 Address: Phone: See Email: shasdyta®hotmail.com /tioXecit B: 10/23/19687 Age: 15 dress: 510 Lakeview Drive East, Royal Palm Beach, FL Phone: 561-541-8510 (boyfriend Jesse); 561-667-4412 (emergency, Eva Jean Ford) = ----- DOB: 111 06/06/1987 Age: 16 A dress: 16767 SE Hwy 301 # 36, Sununerfield, FL 34491 one: 561-215-3391 (C); 561-798-3650 (parents) Email: soccob247@vahoo.com <mailto:soccob247@vahoo.com> ***AGE is the age the Victim first encountered Epstein ****As of 7/21/2008 EFTA00194567 U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beach, FL 3340! (561)820-8711 Facsimile: (561)820-8777 July 21, 2008 VIA UNITED STATES MAIL. Jack A. Goldberger, Esq. Atterbury, Goldberger & Weiss, P.A. One Clearlake Centre, Suite 1400 250 Australian Ave S. West Palm Beach, FL 33401-5015 Re: Jeffrey Epstein Dear Mr. Goldberger: I have enclosed eleven additional victim notification letters. To the best of our knowledge, all of these victims are currently unrepresented. In accordance with the wishes of the victims and the spirit of Judge Pucillo's order, I have redacted the victims' addresses. The victims have been advised to contact you if and when they elect to pursue a claim against Mr. Epstein. I expect that none of Mr. Epstein's attorneys or any other person working for Mr. Epstein (whether directly or indirectly) will contact any of these victims. Sincerely, R. Alexander Acosta United Statea4ttorney By: A. Marie Villafafia Assistant United States Attorney cc: Karen Atkinson, AUSA EFTA00194568 U.S. Department of Justice United States Attorney Southern District of Florida SOO South Australian Ave., Suite 400 West Palm Beach, Fl, 33401 (561)820-8211 Facsimile: (561) 820-8777 July 21, 2008 NOTIFICATION OF IDENTIFIED VICTIM NOTICE: IN ACCORDANCE WITH TITLE 18, UNITED STATES CODE, SECTION 3509(d) AND FLORIDA LAW, THE ATTACHED DOCUMENT IS TO BE TREATED AS CONFIDENTIAL AND SHALL NOT BE DISCLOSED EXCEPT IN CONNECTION WITH A LEGAL PROCEEDING. EFTA00194569 U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beach, FL 33401 (561) 8204711 Facsimile: (56!) 820-8777 July 21, 2008 VIA UNITED STATES MAIL Miss Alvarez Re: Jeffrey Epstein Alvarez: NOTIFICATION OF IDENTIFIED VICTIM Dear Miss Alvarez: • By virtue of this letter, the United States Attorney's Office for the Southern District of Florida provides you with the following notice. On June 30, 2008, Jeffrey Epstein (hereinafter referred to as "Epstein) entered a plea of guilty to violations of Florida Statutes Sections 796.07 (felony solicitation of prostitution) and 796.03 (procurement of minors to engage in prostitution), in the 15th Judicial Circuit in and for Palm Beach County (Case Nos. 2006-cf-009454AXXXMB and 2008-cf￾009381AXXXMB) and was sentenced to a term of twelve months' imprisonment to be followed by an additional six months' imprisonment, followed by twelve months of Community Control 1, with conditions of community confinement imposed by the Court. In light of the entry of the guilty plea and sentence, the United States has agreed to defer federal prosecution in favor of this state plea and sentence, subject to certain conditions. One such condition to which Epstein has agreed is the following: "My person, who while a minor, was a victim of a violation of an offense enumerated in Tide 18, United States Code, Section 2255, will have the same rights to proceed under Section 2255 as she would have had, if Mr. Epstein had been tried federally and convicted of an enumerated offense. For purposes EFTA00194570 MISS ALVAREZ NOTIFICATION OF TDENTIFIED VICTIM JULY 21, 2008 PAGE 2 OF 2 of implementing this paragraph, the United States shall provide Mr. Epstein's attorneys with a list of individuals whom it was prepared to name in an Indictment as victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this provision, including any authority determining which evidentiary burdens if any a plaintiff must meet, shall consider that it is the intent of the parties to place these identified victims in the same position as they would have been had Mr. Epstein been convicted at trial. No more; no less." Through this letter, this Office hereby provides Notice that you, Alvarez, are an individual whom the United States was prepared to name as a victim of an enumerated offense. Should you decide to file a claim against Jeffrey Epstein, his attorney, Jack Goldberger, asks that you have your attorney contact Mr. Goldberger at Atterbury Goldberger and Weiss, 250 Australian Avenue South, Suite 1400, West Palm Beach, FL 33401, (561) 659-8300. Please understand that neither the U.S. Attorney's Office nor the Federal Bureau of Investigation can take part in or otherwise assist in civil litigation; however, if you do file a claim under 18 U.S.C. § 2255 and Mr. Epstein denies that you are a victim of an enumerated offense, please provide written documentation of that denial to the undersigned. . Thank you for all of your assistance during the course of this investigation and please accept the heartfelt regards of myself and Special Agents Kuyrkendall and Richards for your health and well-being. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY By: A. MARIE VILLAFARA ASSISTANT U.S. ATTORNEY cc: Jack Goldberger, Esq. --u EFTA00194571 U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beach, FL 33401 (561) 820-8711 Facsimile: (561) 8204777 July 21, 2008 NOTIFICATION OF IDENTIFIED VICTIM NOTICE: IN ACCORDANCE WITH TITLE 18, UNITED STATES CODE, SECTION 3509(d) AND FLORIDA LAW, THE ATTACHED DOCUMENT IS TO BE TREATED AS CONFIDENTIAL AND SHALL NOT BE DISCLOSED EXCEPT IN CONNECTION WITH A LEGAL PROCEEDING. EFTA00194572 U.S. Department of Justice United Slates Attorney Southern District of Florida 500 South Australian Ave.. Suite 400 West Palm Beach. FL 33401 (561) 820-8711 Facsimile: (561)820-8777 July 21, 2008 VIA ITED STATES MAIL Miss Re: Jeffrey Epstein NOTIFICATION OF IDENTIFIED VICTIM Dear Miss By virtue of this letter, the United States Attorney's Office for the Southern District of Florida provides you with the following notice. On June 30, 2008, Jeffrey Epstein (hereinafter referred to as "Epstein) entered a plea of guilty to violations of Florida Statutes Sections 796.07 (felony solicitation of prostitution) and 796.03 (procurement of minors to engage in prostitution), in the 15th Judicial Circuit in and for Palm Beach County (Case Nos. 2006-cf-009454AXX)GMB and 2008-cf￾009381A3OOCMB) and was sentenced to a term of twelve months' imprisonment to be • followed by an additional six months' imprisonment, followed by twelve months of Community Control 1, with conditions of community confinement imposed by the Court. In light of the entry of the guilty plea and sentence, the United States has agreed to defer federal prosecution in favor of this state plea and sentence, subject to certain conditions. One such condition to which Epstein has agreed is the following: "Any person, who while a minor, was a victim of a violation of an offense enumerated in Title 18, United States Code, Section 2255, will have the same rights to proceed under Section 2255 as she would have had, if Mr. Epstein had been tried federally and convicted of an enumerated offense. For purposes EFTA00194573 MISS NOTIFICATION OF IDENTIFIED VICTIM JULY 21, 2008 PAGE 2 OF 2 of implementing this paragraph, the United States shall provide Mr. Epstein's attorneys with a list of individuals whom it was prepared to name in an Indictment as victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this provision, including any authority determining which evidentiary burdens if any a plaintiff must meet, shall consider that it is the intent of the parties to place these identified victims in the same position as they would have been had Mr. Epstein been convicted at trial. No more; no less." Through this letter, this Office hereby provides Notice that you, are an individual whom the United States was prepared to name as a victim of an enumerated offense. Should you decide to file a claim against Jeffrey Epstein, his attorney, Jack Goldberger, asks that you have your attorney contact Jack Goldberger at Atterbury Goldberger and Weiss, 250 Australian Avenue South, Suite 1400, West Palm Beach, FL 33401, (561) 659-8300. Please understand that neither the U.S. Attorney's Office nor the Federal Bureau of Investigation can take part in or otherwise assist in civil litigation; however, if you do file a claim under 18 U.S.C. § 2255 and Mr. Epstein denies that you are a victim of an enumerated offense, please provide written documentation of that denial to the undersigned. Thank you for all of your assistance during the course of this investigation and please accept the heartfelt regards of myself and Special Agents Kuyrkendall and Richards for your health and well-being, and best wishes for continued success with your studies. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY By: A. MARIE VILLAFARA ASSISTANT U.S. ATTORNEY cc: Jack Goldberger, Esq. EFTA00194574 U.S. Department of Justice United States Attorney Southern District of Florida SOO South Australian Ave, Suite 400 West Palm Beach, FL 33401 060 820-8711 Facsimile: (56!) 820-8777 July 21, 2008 NOTIFICATION OF IDENTIFIED VICTIM NOTICE: IN ACCORDANCE WITH TITLE 18, UNITED STATES CODE, SECTION 3509(d) AND FLORIDA LAW, THE ATTACHED DOCUMENT IS TO BE TREATED AS CONFIDENTIAL AND SHALL NOT BE DISCLOSED EXCEPT IN CONNECTION WITH A LEGAL PROCEEDING. EFTA00194575 U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave.. Suite 400 West Palm Beach. FL 33401 (561)8204711 Facsimile: (561) 820-8777 July 21, 2008 VIA ITED STATES MAIL Miss Re: Jeffrey Epsteina NOTIFICATION OF IDENTIFIED VICTIM Dear Miss By virtue of this letter, the United States Attorney's Office for the Southern District of Florida provides you with the following notice. On June 30, 2008, Jeffrey Epstein thereinafter referred to as "Epstein) entered a plea of guilty to violations of Florida Statutes Sections 796.07 (felony solicitation of prostitution) and 796.03 (procurement of minors to engage in prostitution), in the 15th Judicial Circuit in and for Palm Beach County (Case Nos. 2006-cf-009454A3OCXMB and 2008-cf￾009381A)CXXMB) and was sentenced to a term of twelve months' imprisonment to be followed by an additional six months' imprisonment, followed by twelve months of Community Control 1, with conditions of community confinement imposed by the Court. In light of the entry of the guilty plea and sentence, the United States has agreed to defer federal prosecution in favor of this state plea and sentence, subject to certain conditions. • One such condition to which Epstein has agreed is the following: "Any person, who while a minor, was a victim of a violation of an offense enumerated in Title 18, United States Code, Section 2255, will have the same rights to proceed under Section 2255 as she would have had, if Mr. Epstein had been tried federally and convicted of an enumerated offense. For purposes EFTA00194576 MISS NOTIFICATION OF IDENTIFIED VICTIM JULY 21, 2008 PAGE 2 OF 2 of implementing this paragraph, the United States shall provide Mr. Epstein's attorneys with a list of individuals whom it was prepared to name in an Indictment as victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this provision, including any authority determining which evidentiary burdens if any a plaintiff must meet, shall consider that it is the intent of the parties to place these identified victims in the same position as they would have been had Mr. Epstein been convicted at trial. No more; no less." Through this letter, this Office hereby provides Notice that you, are an individual whom the United States was prepared to name as a victim of an enumerated offense. Should you decide to file a claim against Jeffrey Epstein, his attorney, Jack Goldberger, asks that you have your attorney contact Mr. Goldberger at Atterbury Goldberger and Weiss, 250 Australian Avenue South, Suite 1400, West Palm Beach, FL 33401, (561) 659-8300. Please understand that neither the U.S. Attorney's Office nor the Federal Bureau of Investigation can take part in or otherwise assist in civil litigation; however, if you do file a claim under 18 U.S.C. § 2255 and Mr. Epstein denies that you are a victim of an enumerated offense, please provide written documentation of that denial to the undersigned. Thank you for all of your assistance during the course of this investigation and please accept the heartfelt regards of myself and Special Agents Kuyrkendall and Richards for your health and well-being. IL ALEXANDER ACOSTA UNITED STATES ATTORNEY • By: A. MARIE VILLAFANA ASSISTANT U.S. ATTORNEY cc: Jack Goldberger, Esq. EFTA00194577 U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beach, FL 33401 (561) 820-8711 Facsimile: (561) 820-8777 July 21, 2008 NOTIFICATION OF IDENTIFIED VICTIK NOTICE: IN ACCORDANCE WITH TITLE 18, UNITED STATES CODE, SECTION 3509(d) AND FLORIDA LAW, THE ATTACHED DOCUMENT IS TO BE TREATED AS CONFIDENTIAL AND SHALL NOT BE DISCLOSED EXCEPT IN CONNECTION WITH A LEGAL PROCEEDING. EFTA00194578 U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beach, FL. 33401 (561)820-8711 Facsimile: (561) 820-8777 July 21, 2008 VIA UNITED TATES MAIL Ms. Cartwright Re: Jeffrey Epstein Cartwright: NOTIFICATION OF IDENTIFIED VICTIM Dear Ms. Cartwright: By virtue of this letter, the United States Attorney's Office for the Southern District of Florida provides you with the following notice. On June 30, 2008, Jeffrey Epstein (hereinafter referred to as "Epstein) entered a plea of guilty to violations of Florida Statutes Sections 796.07 (felony solicitation of prostitution) and 796.03 (procurement of minors to engage in prostitution), in the 15th Judicial Circuit in and for Palm Beach County (Case Nos. 2006-cf-009454AXXXMB and 2008-cf￾00938 IMOCXMB) and was sentenced to a term of twelve months' imprisonment to be followed by an additional six months' imprisonment, followed by twelve months of Community Control 1, with conditions of community confinement imposed by the Court. In light of the entry of the guilty plea and sentence, the United States has agreed to defer federal prosecution in favor of this state plea and sentence, subject to certain conditions. One such condition to which Epstein has agreed is the following: "Any person, who while a minor, was a victim of a violation of an offense enumerated in Title 18, United States Code, Section 2255, will have the same rights to proceed under Section 2255 as she would have had, if Mr. Epstein had been tried federally and convicted of an enumerated offense. For purposes EFTA00194579 MS. CARTWRIGHT NOTIFICATION OF IDENTIFIED VICTIM JULY 21, 2008 PAGE 2 OF 2 of implementing this paragraph, the United States shall provide Mr. Epstein's attorneys with a list of individuals whom it was prepared to name in an Indictment as victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this provision, including any authority determining which evidentiary burdens if any a plaintiff must meet, shall consider that it is the intent of the parties to place these identified victims in the same position as they would have been had Mr. Epstein been convicted at trial. No more; no less." Through this letter, this Office hereby provides Notice that you, Cartwright, are an individual whom the United States was prepared to name as a victim of an enumerated offense. Should you decide to file a claim against Jeffrey Epstein, his attorney, Jack Goldberger, asks that you have your attorney contact Mr. Goldberger at Atterbury Goldberger and Weiss, 250 Australian Avenue South, Suite 1400, West Palm Beach, FL 33401, (561) 659-8300. Please understand that neither the U.S. Attorney's Office nor the Federal Bureau of Investigation can take part in or otherwise assist in civil litigation; however, if you do file a claim under 18 U.S.C. § 2255 and Mr. Epstein denies that you are a victim of an enumerated offense, please provide written documentation of that denial to the undersigned. Thank you for all of your assistance during the course of this investigation and please accept the heartfelt regards of myself and Special Agents Kuyrkendall and Richards for your health and well-being. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY By: cc: Jack Goldberger, Esq. A. MARIE VILLAFARA ASSISTANT U.S. ATTORNEY EFTA00194580 U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beach, FL 33401 (561) 820-8711 Facsimile: (561) 820-8777 July 21, 2008 NOTIFICATION OF IDENTIFIED VICTIM NOTICE: IN ACCORDANCE WITH TITLE 18, UNITED STATES CODE, SECTION 3509(d) AND FLORIDA LAW, THE ATTACHED DOCUMENT IS TO BE TREATED AS CONFIDENTIAL AND SHALL NOT BE DISCLOSED EXCEPT IN CONNECTION WITH A LEGAL PROCEEDING. EFTA00194581 U.S. Department of Justice United States Attorney Southern District of Florida VIAUNfTE STATES MAIL Ms. Re: Jeffrey Epstein= IDENTIFIED VICTIM Dear Ms. 500 South Australian Ave, Suite 400 West Palm Beach, Ft 33401 (561)8204711 Facsimile: (561) 820-8777 July 21, 2008 NOTIFICATION OF By virtue of this letter, the United States Attorney's Office for the Southern District of Florida provides you with the following notice. On June 30, 2008, Jeffrey Epstein (hereinafter referred to as "Epstein) entered a plea of guilty to violations of Florida Statut!.s Sections 796.07 (felony solicitation of prostitution) and 796.03 (procurement of minors to engage in prostitution), in the 15th Judicial Circuit in and for Palm Beach County (Case Nos. 2006-cf-009454AMCMB and 2008-cf￾009381A)DOCMB) and was sentenced to a term of twelve months' imprisonment to be followed by an additional six months' imprisonment, followed by twelve months of Community Control 1, with conditions of community confinement imposed by the Court. In light of the entry of the guilty plea and sentence, the United States has agreed to defer federal prosecution in favor of this state plea and sentence, subject to certain conditions. One such condition to which Epstein has agreed is the following: "Any person, who while a minor, was a victim of a violation of an offense enumerated in Title 18, United States Code, Section 2255, will have the same rights to proceed under Section 2255 as she would have had, if Mr. Epstein EFTA00194582 Ms. •= 4 NOTIFICATION OF IDENTIFIED V1CT1m JULY 21, 2008 PAGE 2 OF 2 had been tried federally and convicted of an enumerated offense. For purposes of implementing this paragraph, the United States shall provide Mr. Epstein's attorneys with a list of individuals whom it was prepared to name in an Indictment as victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this provision, including any authority determining which evidentiary burdens if any a plaintiff must meet, shall consider that it is the intent of the parties to place these identified victims in the same position as they would have been had Mr. Epstein been convicted at trial. No more; no less." Through this letter, this Office hereby provides Notice that you, are an individual whom the United States was prepared to name as a victimWi enumerated offense. Should you decide to file a claim against Jeffrey Epstein, his attorney, Jack Goldberger, asks that you have your attorney contact Mr. Goldberger at Atterbury Goldberger and Weiss, 250 Australian Avenue South, Suite 1400, West Palm Beach, FL 33401, (561) 659-8300. Please understand that neither the U.S. Attorney's Office nor the Federal Bureau of Investigation can take part in or otherwise assist in civil litigation; however, if you do file a claim under 18 U.S.C. § 2255 and Mr. Epstein denies that you are a victim of an enumerated offense, please provide written documentation of that denial to the undersigned. Thank you for all of your assistance during the course of this investigation and please accept the heartfelt regards of myself and Special Agents Kuyrkendall and Richards for your health and well-being. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY By: cc: Jack Goldberger, Esq. A. MARIE VILLAFANA ASSISTANT U.S. ATTORNEY EFTA00194583 U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beach, Ft. 3340! (561)8204711 Facsimile: (561) 820-8777 July 21, 2008 NOTIFICATION OF IDENTIFIED VICTIM NOTICE: IN ACCORDANCE WITH TITLE 18, UNITED STATES CODE, SECTION 3509(d) AND FLORIDA LAW, THE ATTACHED DOCUMENT IS TO BE TREATED AS CONFIDENTIAL AND SHALL NOT BE DISCLOSED EXCEPT IN CONNECTION WITH A LEGAL PROCEEDING. EFTA00194584 U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beach, FL 3340! (561)8204711 Facsimile: (561) 820-8777 July 21, 2008 V ITED STATES MAIL Ms. Re: Jeffrey Etskisal la NOTIFICATION OF IDENTIFIED VICTIM Dear Ms. IM By virtue of this letter, the United States Attorney's Office for the Southern District of Florida provides you with the following notice. On June 30, 2008, Jeffrey Epstein (hereinafter referred to as "Epstein) entered a plea of guilty to violations of Florida Statutes Sections 796.07 (felony solicitation of prostitution) and 796.03 (procurement of minors to engage in prostitution), in the 15th Judicial Circuit in and for Palm Beach County (Case Nos. 2006-cf-009454AWMB and 2008-cf￾009381AXXXMB) and was sentenced to a term of twelve months' imprisonment to be followed by an additional six months' imprisonment, followed by twelve months of Community Control 1, with conditions of community confinement imposed by the Court. In light of the entry of the guilty plea and sentence, the United States has agreed to defer federal prosecution in favor of this state plea and sentence, subject to certain conditions. One such condition to which Epstein has agreed is, the following: "Any person, who while a minor, was a victim of a violation of an offense enumerated in Title 18, United States Cod; Section 2255, will have the same rights to proceed under Section 2255 as she would have had, if Mr. Epstein had been tried federally and convicted of an enumerated offense. For purposes EFTA00194585 MS. NOTIFICATION OF IDENTIFIED VICTIM JULY 21, 2008 PAGE 2 OF 2 of implementing this paragraph, the United States shall provide Mr. Epstein's attorneys with a list of individuals whom it was prepared to name in an Indictment as victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this provision, including any authority determining which evidentiary burdens if any a plaintiff must meet, shall consider that it is the intent of the parties to place these identified victims in the same position as they would have been had Mr. Epstein been convicted at trial. No more; no less." Through this letter, this Office hereby provides Notice that you, are an individual whom the United States was prepared to name as a victim of an enumerated offense. Should you decide to file a claim against Jeffrey Epstein, his attorney, Jack Goldberger, asks that you have your attorney contact Mr. Goldberger at Atterbury Goldberger and Weiss, 250 Australian Avenue South, Suite 1400, West Palm Beach, FL 33401, (561) 659-8300. Please understand that neither the U.S. Attorney's Office nor the Federal Bureau of Investigation can take part in or otherwise assist in civil litigation; however, if you do file a claim under 18 U.S.C. § 2255 and Mr. Epstein denies that you are a victim of an enumerated offense, please provide written documentation of that denial to the undersigned. Thank you for all of your assistance during the course of this investigation and please accept the heartfelt regards of myself and Special Agents Kuyrkendall and Richards for your health and well-being. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY By: A. MARIE VILLAFARA ASSISTANT U.S. ATTORNEY cc: Jack Goldberger, Esq. EFTA00194586 U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Pabn Beach, FL 33401 (561)820-8711 Facsimile: (561) 820-8777 July 21, 2008 NOTIFICATION OF IDENTIFIED VICTIM NOTICE: IN ACCORDANCE WITH TITLE 18, UNITED STATES CODE, SECTION 3509(d) AND FLORIDA LAW, THE ATTACHED DOCUMENT IS TO BE TREATED AS CONFIDENTIAL AND SHALL NOT BE DISCLOSED EXCEPT IN CONNECTION WITH A LEGAL PROCEEDING. EFTA00194587 U.S. Department of Justice United Stara Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beach, FL 33401 (56!) 820-8711 Facsimile: (561) 820-8777 July 21., 2008 VIA UNITED STATES MAIL Ms. Re: Jeffrey EpsteinAM a NOTIFICATION OF IDENTIFIED VICTIM Dear Ms. a By virtue of this letter, the United States Attorney's Office for the Southern District of Florida provides you with the following notice. On June 30, 2008, Jeffrey Epstein (hereinafter referred to as "Epstein) entered a plea of guilty to violations of Florida Statutes Sections 796.07 (felony solicitation of prostitution) and 796.03 (procurement of minors to engage in prostitution), in the 15th Judicial Circuit in and for Palm Beach County (Case Nos. 2006-cf-009454AXXXMB and 2008-cf￾00938 lAXXXMI3) and was sentenced to a term of twelve months' imprisonment to be followed by an additional six months' imprisonment, followed by twelve months of Community Control 1, with conditions of community confinement imposed by the Court. In light of the entry of the guilty plea and sentence, the United States has agreed to defer federal prosecution in favor of this state plea and sentence, subject to certain conditions. One such condition to which Epstein has agreed is the following: "Any person, who while a minor, was a victim of a violation of an offense enumerated in Tide 18, United States Code, Section 2255, will have the same rights to proceed under Section 2255 as she would have had, if Mr. Epstein had been tried federally and convicted ofan enumerated offense. For purposes EFTA00194588 MS. NOTIFICATION OF IDENTIFIED VICTIM JULY 2I, 2008 PAGE 2 of 2 of implementing this paragraph, the United States shall provide Mr. Epstein's attorneys with a list of individuals whom it was prepared to name in an Indictment as victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this provision, including any authority determining which evidentiary burdens if any a plaintiff must meet, shall consider that it is the intent of the parties to place these identified victims in the same position as they would have been had Mr. Epstein been convicted at trial. No more; no less." Through this letter, this Office hereby provides Notice that you, , are an individual whom the United States was prepared to name as a victim of an enumerated offense. Should you decide to file a claim against Jeffrey Epstein, his attorney, Jack Goldberger, asks that you have your attorney contact Mr. Goldberger at Atterbury Goldberger • • and Weiss, 250 Australian Avenue South, Suite 1400, West Palm Beach, FL 33401, (561) 659-8300. Please understand that neither the U.S. Attorney's Office nor the Federal Bureau of Investigation can take.part in or otherwise assist in civil litigation; however, if you do file a claim under 18 U.S.C. § 2255 and Mr. Epstein denies that you are a victim of an enumerated offense, please provide written documentation of that denial to the undersigned. Thank you for all of your assistance during the course of this investigation and please accept the heartfelt regards of myself and Special Agents Kuyrkendall and Richards for your health and well-being. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY By: A. MARIE VILLAFARA ASSISTANT U.S. ATTORNEY cc: Jack Goldberger, Esq. EFTA00194589 11.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave.. Suite 400 West Palm Beach, FL 33401 (561) 820-8711 Facsimile: (561) 8208777 July 21, 2008 NOTIFICATION OF IDENTIFIED VICTIM NOTICE: IN ACCORDANCE WITH TITLE 18, UNITED • STATES CODE, SECTION 3509(d) AND FLORIDA LAW, THE ATTACHED DOCUMENT IS TO BE TREATED AS CONFIDENTIAL AND SHALL NOT BE DISCLOSED EXCEPT IN CONNECTION WITH A LEGAL PROCEEDING. EFTA00194590 U.S. Department of Justice United States Attorney Southern District of Florida VIA UNITED STATES MAIL Ms. 500 South Australian Ave., Suite 400 West Palm Beach, FL 3340! (561)820-8711 Facsimile: (560 8204777 July 21, 2008 Re: Jeffrey Epstein/ NOTIFICATION OF IDENTIFIED VICTIM Dear Ms. a By virtue of this letter, the United States Attorney's Office for the Southern District of Florida provides you with the following notice. On June 30, 2008, Jeffrey Epstein (hereinafter referred to as "Epstein) entered a plea of guilty to violations of Florida Statutes Sections 796.07 (felony solicitation of prostitution) and 796.03 (procurement of minors to engage in prostitution), in the 15th Judicial Circuit in and for Palm Beach County (Case Nos. 2006-cf-009454AXXXMB and 2008-G(- 009381/OOOMB) and was sentenced to a term of twelve months' imprisonment to be followed by an additional six months' imprisonment, followed by twelve months of Community Control 1, with conditions of community confinement imposed by the Court. In light of the entry of the guilty plea and sentence, the United States has agreed to defer federal prosecution in favor of this state plea and sentence, subject to certain conditions. One such condition to which Epstein has agreed is the following: "Any person, who while a minor, was a victim of a violation of an offense enumerated in Title 18, United States Code, Section 2255, will have the same rights to proceed under Section 2255 as she would have had, if Mr. Epstein had been tried federally and convicted of an enumerated offense. For purposes EFTA00194591 MS. NOTIFICATION OF IDENTIFIED VICTIM JULY 21, 2008 PAGE 2 OF 2 of implementing this paragraph, the United States shall provide Mr.. Epstein's attorneys with a list of individuals whom it was prepared to name in an Indictment as victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this provision, including any authority determining which evidentiary burdens if any a plaintiff must meet, shall consider that it is the intent of the parties to place these identified victims in the same position as they would have been had Mr. Epstein been convicted at trial. No more; no less." Through this letter, this Office hereby provides Notice tharyou, , are an individual whom the United States was prepared to name as a victim of an enumerated offense. Should you decide to file a claim against Jeffrey Epstein, his attorney, Jack Goldberger, asks that you have your attorney contact Jack Goldberger at Atterbury Goldberger and Weiss, 250 Australian Avenue South, Suite 1400, West Palm peach, FL 33401, (561•) 659-8300. Please understand that neither the U.S. Attorney's Office nor the Federal Bureau of Investigation can take part in or otherwise assist in civil litigation; however, if you do file a claim under 18 U.S.C. § 2255 and Mr. Epstein denies that you are a victim of an enumerated offense, please provide written documentation of that denial to the undersigned. Thank you for all of your assistance during the course of this investigation and please accept the heartfelt regards of myself and Special Agents Kuyrkendall and Richards for your health and well-being, and best wishes for continued success with your studies. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY By: cc: Jack Goldberger, Esq. A. MARIE VILLAFARA ASSISTANT U.S. ATTORNEY EFTA00194592 U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beach, FL 3340! (561)820-8711 Facsimile: (561) 820-8777 July 21, 2008 NOTIFICATION OF IDENTIFIED VICTIM NOTICE: IN ACCORDANCE WITH TITLE 18, UNITED STATES CODE, SECTION 3509(d) AND FLORIDA LAW, THE ATTACHED DOCUMENT IS TO BE TREATED AS CONFIDENTIAL AND SHALL NOT BE DISCLOSED EXCEPT IN CONNECTION WITH A LEGAL PROCEEDING. EFTA00194593 U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beach, FL 33401 (561) 820-8711 Facsimile: (561) 820-8777 July 21, 2008 VIA UNI TATES MAIL Ms. Re: Jeffrey EpsteinM : NOTIFICATION OF IDENTIFIED VICTIM Dear Ms. By virtue of this letter, the United States Attorney's Office for the Southern District of Florida provides you with the following notice. On June 30, 2008, Jeffrey Epstein (hereinafter referred to as "Epstein) entered a plea of guilty to violations of Florida Statutes Sections 796.07 (felony solicitation of prostitution) and 796.03 (procurement of minors to engage in prostitution), in the 15th Judicial Circuit in and for Palm Beach County (Case Nos. 2006-cf-009454AXXXMB and 2008-cf￾009381AXXXMB) and was sentenced to a term. of twelve months' imprisonment to be followed by an additional six months' imprisonment, followed by twelve months of Community Control 1, with conditions of community confinement imposed by the Court. In light of the entry of the guilty plea and sentence, the United States has agreed to defer federal prosecution in favor of this state plea and sentence, subject to certain conditions. One such condition to which Epstein has agreed is the following: "Any person, who while a minor, was a victim of a violation of an offense enumerated in Title 18, United States Code, Section 2255, will have the same rights to proceed under Section 2255 as she would have had, if Mr. Epstein had been tried federally and convicted of an enumerated offense. For purposes EFTA00194594 lEn NOTIFICATION OF IDENTIFIED VICTIM JULY 21, 2008 PAGE 2 OF 2 of implementing this paragraph, the United States shall provide Mr. Epstein's attorneys with a list of individuals whom it was prepared to name in an Indictment as victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this provision, including any authority determining which evidentiary burdens if any a plaintiff must meet, shall consider that it is the intent of the parties to place these identified victims in the same position as they would have been had Mr. Epstein been convicted at trial. No more; no less." Through this letter, this Office hereby provides Notice that you, MU are an individual whom the United States was prepared to name as a victim of an enumerated offense. Should you decide to file a claim against Jeffrey Epstein, his attorney, Jack Goldberger, asks that you have your attorney contact Mr. Goldberger at Atterbury Goldberger and Weiss, 250 Australian Avenue South, Suite 1400, West Palm Beach, FL 33401, (561) 659-8300. Please understand that neither the U.S. Attorney's Office nor the Federal Bureau of Investigation can take part in or otherwise assist in civil litigation; however, if you do file a claim under 18 U.S.C. § 2255 and Mr. Epstein denies that you are a victim of an enumerated offense, please provide written documentation of that denial to the undersigned. Thank you for all of your assistance during the course of this investigation and please accept the heartfelt regards of myself and Special Agents Kuyrkendall and Richards for your health and well-being. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY By: A. MARIE VILLAFARA ASSISTANT U.S. ATTORNEY cc: Jack Goldberger, Esq. EFTA00194595 U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beach, FL 3340! (561) 820-8711 Facsimile: (56!) 8204777 July 21, 2008 NOTIFICATION OF IDENTIFIED VICTIM NOTICE: IN ACCORDANCE WITH TITLE 18, UNITED STATES CODE, SECTION 3509(d) AND FLORIDA LAW, THE ATTACHED DOCUMENT IS TO BE TREATED AS CONFIDENTIAL AND SHALL NOT BE DISCLOSED EXCEPT IN CONNECTION WITH A LEGAL PROCEEDING. EFTA00194596 U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beath, FL 33401 (561) 820-8711 Facsimile: (561) 820-8777 July 21, 2008 VIA UNITED S A MAIL Ms. Pentek Re: Jeffrey Epstein= Pentek: NOTIFICATION OF IDENTIFIED VICTIM Dear Ms. Pentek: By virtue of this letter, the United States Attorney's Office for the Southern District of Florida provides you with the following notice. On June 30, 2008, Jeffrey Epstein (hereinafter referred to as "Epstein) entered a plea of guilty to violations of Florida Statutes Sections 796.07 (felony solicitation of prostitution) and 796.03 (procurement of minors to engage in prostitution), in the 15th Judicial Circuit in and for Palm Beach County (Case Nos. 2006-cf-009454AXXX1v1B and 2008-cf￾00938 1 AXXXMB) and was sentenced to a term of twelve months' imprisonment to be followed by an additional six months' imprisonment, followed by twelve months of Community Control 1, with conditions of community confinement imposed by the Court. In light of the entry of the guilty plea and sentence, the United States has agreed to defer federal prosecution in favor of this state plea and sentence, subject to certain conditions. One such condition.to which Epstein has agreed is the following: "Any person, who while a minor, was a victim of a violation of an offense enumerated in Title 18, United States Code, Section 2255, will have the same rights to proceed under Section 2255 as she would have had, if Mr. Epstein had been tried federally and convicted of an enumerated offense. For purposes EFTA00194597 MS. PENTEK NOTIFICATION OF IDENTIFIED VICTIM JULY 21, 2008 PAGE 2 OF 2 of implementing this paragraph, the United States shall provide Mr. Epstein's attorneys with a list of individuals whom it was prepared to name in an Indictment as victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this provision, including any authority determining which evidentiary burdens if any a plaintiff must meet, shall consider that it is the intent of the parties to place these identified victims in the same position as they would have been Ead Mr. Epstein been convicted at trial. No more; no less." Through this letter, this Office hereby provides Notice that you, Pentek, are an individual whom the United States was prepared to name as a victim of an enumerated offense. Should you decide to file a claim against Jeffrey Epstein, his attorney, Jack Goldberger, asks that you have your attorney contact Mr. Goldberger at Atterbury Goldberger and Weiss, 250 Australian Avenue South, Suite 1400, West Palm Beach, FL 33401, (561) 659-8300. Please understand that neither the U.S. Attorney's Office nor the Federal Bureau of Investigation can take part in or otherwise assist in civil litigation; however, if you do file a - claim under 18 U.S.C. § 2255 and Mr. Epstein denies that you are a victim of an enumerated offense, please provide written documentation of that denial to the undersigned. Thank you for all of your assistance during the course of this investigation and please accept the heartfelt regards of myself and Special Agents Kuyrkendall and Richards for your health and well-being. IL ALEXANDER ACOSTA . UNITED STATES ATTORNEY By: A. MARIE VILLAFARA ASSISTANT U.S. ATTORNEY cc: Jack Goldberger, Esq. EFTA00194598 U.S. Department of .Justice United States Attorney Southern District of Florida 500 South Australian Ave.. Suite 400 We.st Palm Beach, FL 3340! (561)820-8711 Facsimile: (561) 820-8777 July 21, 2008 . NOTIFICATION OF IDENTIFIED VICTIM NOTICE: IN ACCORDANCE WITH TITLE 18, UNITED STATES CODE, SECTION 3509(d) AND FLORIDA LAW, THE ATTACHED DOCUMENT IS TO BE TREATED AS CONFIDENTIAL AND SHALL NOT BE DISCLOSED EXCEPT IN CONNECTION WITH A LEGAL PROCEEDING. EFTA00194599 U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave, Suite 400 West Palm Beach, FL 3340! (561)8204711 Facsimile: (561)820-8777 July 21, 2008 VIA UNIFIED STAIES MAIL 1111.16INS Re: Jeffrey Epstein NOTIFICATION OF IDENTIFIED VICTIM Dear Ms. By virtue of this letter, the United States Attorney's Office for the Southern District of Florida provides you with the following notice. Qn June 30, 2008, Jeffrey Epstein (hereinafter referred to as "Epstein) entered a plea of guilty to violations of Florida Statutes Sections 796.07 (felony solicitation of prostitution) and 796.03 (procurement of minors to engage in prostitution), in the 15th Judicial Circuit in and for Palm Beach County (Case Nos. 2006-cf-009454A3OOCMB and 2008-cf￾009381/OOOCMB) and was sentenced to a term of twelve months' imprisonment to be followed by an additional six months' imprisonment, followed by twelve months of Community Control 1, with conditions of community confinement imposed by the Court. In light of the entry of the guilty plea and sentence, the United States has agreed to defer federal prosecution in favor of this state plea and sentence, subject to certain conditions. One such condition to which Epstein has agreed is the following: "Any person, who while a minor, was a victim of a violation of an offense enumerated in Title 18, United States Code, Section 2255, will have the same rights to proceed under Section 2255 as she would have had, if Mr. Epstein had been tried federally and convicted of an enumerated offense. For purposes EFTA00194600 MS NOTIFICATION OF IDENTIFIED VICTIM JULY 21,2008 PAGE 2 OF 2 of implementing this paragraph, the United States shall provide Mr. Epstein's attorneys with a list of individuals whom it was prepared to name in an Indictment as victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this provision, including any authority determining which evidentiary burdens if any a plaintiff must meet, shall consider that it is the intent of the parties to place these identified victims in the same position as they would have been had Mr. Epstein been convicted at trial. No more; no less." Through this letter, this Office hereby provides Notice that youSEIMINI, are an individual whom the United States was prepared to name as a victim of an enumerated offense. Should you decide to file a claim against Jeffrey Epstein, his attorney, Jack Goldberger, asks that you have your attorney contact Mr. Goldberger at Atterbury Goldberger and Weiss, 250 Australian Avenue South, Suite 1400, West Palm Beach, FL 33401, (561) 659-8300. Please understand that neither the U.S. Attorney's Office nor the Federal Bureau of Investigation can take part in or otherwise assist in civil litigation; however, if you do file a claim under 18 U.S.C. § 2255 and Mr. Epstein denies that you are a victim of an enumerated offense, please provide written documentation of that denial to the undersigned. Thank you for all of your assistance during the course of this investigation and please accept the heartfelt regards of myself and Special Agents Kuyrkendall and Richards for your health and well-being. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY By: A MARIE VILLAFAIJA ASSISTANT U.S. ATTORNEY cc: Jack Goldberger, Esq. EFTA00194601 March 20, 2011 To whom it may concern: I served as U.S. Attorney for the Southern District of Florida from 2005 through 2009. Over the past weeks, I have read much regarding Mr. Jeffrey Epstein. Some appears true, some appears distorted. I thought it appropriate to provide some background, with two caveats: (i) under Justice Department guidelines, I cannot discuss privileged internal communications among Department attorneys and (ii) I no longer have access to the original documents, and as the matter is now nearly 4 years old, the precision of memory is reduced. The Epstein matter was originally presented to the Palm Beach County State Attorney. Palm Beach Police alleged that Epstein unlawfully hired underage high-school females to provide him sexually.lewd and erotic massages. Police sought felony charges that would have resulted in a term of imprisonment. According to press reports, however, in 2006 the State Attorney, in part due to concerns regarding the quality of the evidence, agreed to charge Epstein only with one count of aggravated assault with no intent to commit a felony. That charge would have resulted in no jail time, no requirement to register as a sexual offender and no restitution for the underage victims. Local police were dissatisfied with the State Attorney's conclusions, and requested a federal investigation. Federal authorities received the State's evidence and engaged in additional investigation. Prosecutors weighed the quality of the evidence and the likelihood for success at trial. With a federal case, there were two additional considerations. First, a federal criminal prosecution requires that the crime be more than local; it must have an interstate nexus. Second, as the matter was initially charged by the state, the federal responsibility is, to some extent, to back-stop state authorities to ensure that there is no miscarriage of justice, and not to also prosecute federally that which has already been charged at the state level. After considering the quality of the evidence and the additional considerations, prosecutors concluded that the state charge was insufficient. In early summer 2007, the prosecutors and agents in this case met with Mr. Epstein's attorney, Roy Black. Mr. Black is perhaps best known for his successful defense of William Kennedy Smith. The prosecutors presented Epstein a choice: plead to more serious state felony charges (that would result in 2 years' imprisonment, registration as a sexual offender, and restitution for the victims) or else prepare for a federal felony trial. What followed was a year-long assault on the prosecution and the prosecutors. I use the word assault intentionally, as the defense in this case was more aggressive than any which I, or the prosecutors in my office, had previously encountered. Mr. Epstein hired an army of legal superstars: Harvard Professor Alan Dershowitz, former Judge and then Pepperdine Law Dean Kenneth Starr, former Deputy Assistant to the President and then Kirkland & Ellis Partner Jay Lefkowitz, and several others, including prosecutors who had formally worked in the U.& EFTA00194602 Attorney's Office and in the Child Exploitation and Obscenity Section of the Justice Department. Defense attorneys next requested a meeting with me to challenge the prosecution and the terms previously presented by the prosecutors in their meeting with Mr. Black. The prosecution team and I met with defense counsel in Fall 2007, and I reaffirmed the office's position: two years, registration and restitution, or trial. Over the next several months, the defense team presented argument after argument claiming that felony criminal proceedings against Epstein were unsupported by the evidence and lacked a basis in law, and that the office's insistence on jail-time was motivated by a zeal to overcharge a man merely because he is wealthy. They bolstered their arguments with legal opinions from well￾known legal experts. One member of the defense team warned me that the office's excess zeal in forcing a good man to serve time in jail might be the subject of a book if we continued to proceed with this matter. My office systematically considered and rejected each argument, and when we did, my office's decisions were appealed to Washington. As to the warning, I ignored it. The defense strategy was not limited to legal issues. Defense counsel investigated individual prosecutors and their families, looking for personal peccadilloes that may provide a basis for disqualification. Disqualifying a prosecutor is an effective (though rarely used) strategy, as eliminating the individuals most familiar with the facts and thus most qualified to take a case to trial harms likelihood for success. Defense counsel tried to disqualify at least two prosecutors. I carefully reviewed, and then rejected, these arguments. Despite this army of attorneys, the office held firm to the terms first presented to Mr. Black in the original meeting. On June 30, 2008, after yet another last minute appeal to Washington D.C. was rejected, Epstein pled guilty in state court. He was to serve 18 months imprisonment, register as a sexual offender for life and provide restitution to the victims. Some may feel that the prosecution should have been tougher. Evidence that has come to light since 2007 may encourage that view. Many victims have since spoken out, filing detailed statements in civil cases seeking damages. Physical evidence has since been discovered. Had these additional statements and evidence been known, the outcome may have been different. But they were not known to us at the time. A prosecution decision must be based on admissible facts known at the time. In cases of this type, those are unusually difficult because victims are frightened and often decline to testify or if they do speak, they give contradictory statements. Our judgment in this case, based on the evidence known at the time, was that it was better to have a billionaire serve time in jail, register as a sex offender and pay his victims restitution than risk a trial with a reduced likelihood of success. I supported that judgment then, and based on the state of the law as it then stood and the evidence known at that time, I would support that judgment again. Epstein's treatment, while in state custody, likewise may encourage the view that the office should have been tougher. Epstein appears to have received highly unusual treatment while in jail. Although the terms of confinement in a state prison are a matter appropriately left to the EFTA00194603 State of Florida, and not federal authorities, without doubt, the treatment that he received while in state custody undermined the purpose of a jail sentence. Some may also believe that the prosecution should have been tougher in retaliation for the defense's tactics. The defense, arguably, often failed to negotiate in good faith. They would obtain concessions as part of a negotiation and agree to proceed, only to change their minds, and appeal the office's position to Washington. The investigations into the family lives of individual prosecutors were, in my opinion, uncalled for, as were the accusations of bias and / or misconduct against individual prosecutors. At times, some prosecutors felt that we should just go to trial, and at times I felt that frustration myself. What was right in the first meeting, however, remained right irrespective of defense tactics. Individuals have a constitutional right to a defense. The aggressive exercise of that right should not be punished, nor should a defense counsel's exercise of their right to appeal a U.S. Attorney to Washington, D.C. Prosecutors must be careful not to allow frustration and anger with defense counsel to influence their judgment. After the plea, I recall receiving several phone calls. One was from the FBI Special Agent-In￾Charge. He called to offer congratulations. He had been at many of the meetings regarding this case. He was aware of the tactics of the defense, and he called to praise our prosecutors for holding firm against the likes of Messrs. Black, Dershowitz, Lefkowitz and Starr. It was a proud moment. I also received calls or communications from Messrs. Dershowitz, Lefkowitz and Starr. I had known all three individuals previously, from my time in law school and at Kirkland & Ellis in the mid 90s. They all sought to make peace. I agreed to talk and meet with each of them after Epstein pled guilty, as I think it important that prosecutors battle defense attorneys in a case and then move on. I have tried, yet I confess that has been difficult to do fully in this case. The bottom line is this: Mr. Jeffrey Epstein, a billionaire, served time in jail and is now a registered sex offender. He has been required to pay his victims restitution, though restitution clearly cannot compensate for the crime. And we know much more today about his crimes because the victims have come forward to speak out. Some may disagree with the prosecutorial judgments made in this case, but those individuals are not the ones who at the time reviewed the evidence available for trial and assessed the likelihood of success. Respectfully, IL Alexander Acosta Former U.S. Attorney Sothem District of Florida EFTA00194604