RE: Revised agreement — Unsealed Email

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Hi Jay — I didn't want us to get sidetracked during the conference call. I want to make sure that we have a factual basis for "harassment" Forcibly flying somewhere else is a different 1512 offense with a 10 year cap. 1 is is the factual proffer that I drafted up earlier this afternoon, to give you an idea of what it would look like.

When I include a factual proffer in a plea agreement, I usually use prefatory language like: The parties agree that, had this case proceeded to trial, the United States would have proven the following facts beyond a reasonable doubt, and that the following facts are true and correct and are sufficient to support a plea of guilty.

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Assistant U.S. Attorney

500 S. Australian Ave, Suite 400

West Palm Beach, FL 33401

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<<< Attachment 'Epstein Plea Proffer.doc' has been archived by user 'CommonStore/IT/Kirkland-Ellis' on '11/26/2007 01:11:55'. >>>

EFTA00213368

UNITED STATES vs. JEFFREY EPSTEIN
PLEA PROFFER

On August 21, 2007, FBI Special Agents E. Nesbitt and traveled to the home of Lesley Groff to serve her with a federal grand jury subpoena in connection with an investigation pending in the Southern District of Florida. Ms. Groff works as the personal assistant of the defendant. Ms. Groff began speaking with the agents and then excused herself to go upstairs to check on While upstairs, Ms. Groff telephoned the defendant, Jeffrey Epstein, and informed him that the FBI agents were at her home. Mr. Epstein instructed Ms. Groff not to speak with the agents and reprimanded her for allowing them into her home. Mr. Epstein applied pressure to keep Ms. Groff from complying with the grand jury subpoena that the agents had served upon her. In particular, Mr. Epstein warned Ms. Groff against turning over documents and electronic evidence responsive to the subpoena and pressured her to delay her appearance before the federal grand jury in the Southern District of Florida.

This conversation occurred when Mr. Epstein was aboard his privately owned civilian aircraft in Miami in the Southern District of Florida. His pilot had filed a flight plan showing that the parties were about to return to Teterboro, New Jersey. After the conversation with Ms. Groff, Mr. Epstein became concerned that the FBI would try to serve his traveling companionavi 'th a similar grand jury subpoena. In fact, the agents were preparing to serve Smith a target letter when the flight landed in Teterboro. Mr. Epstein then re-directed his airplane, making the pilot file a new flight plan to travel to the U.S. Virgin Islands instead of the New York City area, thereby keeping the Special Agents from serving the target letter o

EFTA00213369

During the course of that flight, the defendant verbally harassed harassing and pressuring her not to cooperate with the grand jury's investigation, thereby hindering and dissuading her from reporting the commission of a violation of federal law to a law enforcement officer, namely, Special Agents of the FBI.

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