RE: 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)

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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

Here are their new versions.

A. Marie Villafaha
Assistant U.S. Attorney
561 209-1047

Marie, I think Alex's changes are all good ones Please try to incorporate his suggestions, change the signature block to your name and send as final to Jay. Thanks.

Hi Andy — Just one question about paragraph 10 ). I now remember why that was added. That was Alex's suggestion in one of the previous versions. I am going to try to combine all of the thoughts in one paragraph, and can you look at it before it goes out? It should be ready in about 15 minutes.

A. Marie Villafana
Assistant U.S. Attornell
500 S. Australian Ave. Suite 400
West Palm Beach, FL 33401
Phone 561 209-1047
Fax 561 820-8777

Hi Andy - Here is the latest plea agreement, incorporating your thoughts and Alex's thoughts (see my earlier e- mail about paragraph 10) and the proposed Information. Can you take one last look, and then send it off to Jay? [jlefkowitz@kirkland.com] And in your e-mail can you tell him that this is the agreement approved by the U.S. Attorney and I need to know by tomorrow at 2:00 or so, so I can file the Info, get a judicial assignment, and try to set up an arraignment and change of plea for Monday? You also might want to remind them that there is at least 70 days between the plea and sentencing (plus the post-sentencing time to self-surrender), so they will have plenty of time to do everything else and to get Jeffrey's businesses wrapped up.

Thank you!

P.S. Are you sure you don't want to review the indictment rather than making Rolando wade through everything?

A. Marie Villalatia
Assistant U.S. Attorney
500 S. Australian Ave, Suite 400
West Palm Beach. Fl. 33401
Phone 561 209-1047
Fax 561 820-8777

I don't like 10. esp the reference to the petite policy. I sent an email to Alex telling him my thoughts. He will let you know directly what he wants you to do. Sorry but I am out of pocket until about 6:00 so you will have to send it. But as I said, I think Jay wants to go with the nonpros, which I have not even reviewed yet.

Pls send me your factual proffer

This is what I wrote up, but it is based solely on what Jay has told me. The agents have to actually interview Kellen and Marcinkova before I can finalize this.

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

Hi Andy — I haven't seen a new non-pros agreement. but the last one they sent had all the same problems that were in their plea agreement. If I get one. I will let you know.

A. Marie Villafenla
Assistant U.S. Attorney
500 S. Australian Ave. Suite 400
West Palm Beach. FL 33401
Phone 561 209-1047
Fax 561 820-8777

Can we say "this is what the evidence would show if this case went to trial"?

I usually start with, "If the case had gone to trial, the United States would prove the following facts beyond a reasonable doubt." I am just looking forward to hearing what Sarah and Nadia actually tell us.

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