Re: Jeffrey Epstein - confidential
Dear Mr. Acosta,
I write to follow up on our conversation on Friday and to ask you to reconsider your decision to require that Mr. Epstein plead guilty to a registerable state charge. It appears that there was a misunderstanding at the meeting I had with
Please confirm
this with Before the meeting, a sex prosecutor for 13 years, told us that solicitation of a minor, under 796.03, is not a registerable offense. However, as it turned out, 796.03 is a registerable offense and our discussion at the meeting was based on a mistaken assumption. We suggest that Mr. Epstein enter two pleas -- one to the Indictment and a second to a non-registerable charge. This charge could still allow for restitution under chapter 796. Indeed, because the conduct at issue here involves woman under the age of majority, I would suggest that Mr. Epstein plead either to a charge of contributing to the delinquency of a minor, child abuse, and/or agree to a statement of facts that he should have known that women under the age of majority were involved. Such a statement combined with a plea should address any concerns you have regarding Mr. Epstein's accepting responsibility for his conduct.
To require registration based on the facts alleged in this case, however, simply does not make sense. Registration is a life sentence and the FBI's
EFTA00215125
involvement in this case and their interest in vindication for their efforts cannot justify a punishment harsher than what Mr. Epstein deserves. I ask you to look at the manner in which the state settled the Kutun case last week. As you know, Mr. Kutun was a public figure who had videotaped sexual intercourse with a 16 year old. Consider the following factors, which we believe, indicate that registration is not justified in Mr. Epstein's case:
• Mr. Epstein has no prior criminal record and no previous history of sexual offenses;
• The vast majority of the girls alleged to be involved were over the age of 16, and many were months away from reaching the age of majority;
• There are no allegations of substance or alcohol abuse or that Mr. Epstein provided drugs or alcohol to anyone;
• There is no suggestion that Mr. Epstein is a pedophile;
• There is no history of mental illness or
anti-social personality
disorder;
• There is no evidence of intemet luring or trolling to seek out girls;
• There is no need to make public the facts of Mr. Epstein's case to protect others since he is already in the public eye and
• Mr. Epstein's employment does not involve or require any contact with minors.
Given these factors, Mr. Epstein does not pose the type of future threat that registration is designed to address. Also, Mr. Epstein's term of incarceration serves as an already harsh punishment. His business will have been terminated, and his reputation destroyed.
If you refuse to agree to allow Mr. Epstein to plead to our proposed state charges, I propose an alternative option that will satisfy your need of vindication of a federal interest and pubic safety while at that same time address my concerns for Mr. Epstein's safety. The United States Sentencing Guidelines contain extraordinary sentencing enhancements for a defendant who has a prior sex offense conviction and again commits a sexual offense against a minor, USSG 481.5. See e.g., United States v Leach, 491 F.3d 858 (8th Cir. 2007).
EFTA00215126
Mr. Epstein will agree, if permitted under the terms of his federal deferred prosecution agreement to resolve his state case with a plea to a non-registerable state sex offense, to stipulate that the state offense in question will, without contest, legally constitute a prior 'sexual offense" for purposes of the enhanced recidivist sentencing under USSG 461.5 in the event he is ever again determined to have committed a federal sex offense against minors as defined by this guideline.
If you accept this stipulation — and make it part of the deferred prosecution agreement— Mr. Epstein will know, with certitude, that any future violation of any relevant federal law will put him in a federal prison for a substantial part of the rest of his life. By accepting this option, you would be substituting the certainty of recidivist sentencing for the humiliation of registration. I hope you will consider this alternative seriously.
Finally, if you are unwilling to accept our proposal, then I would like to discuss with you the language that would be appropriate to allow Mr. Epstein to be charged near the completion of his sentence to a registerable sex offense.
I look forward to hearing from you regarding your decision. I will be working on all other aspects of the final agreement today with Please contact me if you have any questions.
Sincerely,
Jay Lefkowitz
EFTA00215127
Can we do a conf call?
Sent from my BlackBerry Wireless Handheld
-----Original Message-----
From: Jay Lefkowitz
To: Acosta, Alex (USAFLS)
CC
Sent: Sun Sep 23 11:58:14 2007 Subject: Jeffrey Epstein - confidential
Dear Mr. Acosta,
I write to follow up on our conversation on Friday and to ask you to reconsider your decision to require that Mr. Epstein plead guilty to a registerable state charge. It appears that there was a misunderstanding at the meeting I had with
Please confirm
this with Before the meeting, a sex prosecutor for 13 years, told us that solicitation of a minor, under 796.03, is not a registerable offense. However, as it turned out, 796.03 is a registerable offense and our discussion at the meeting was based on a mistaken assumption. We suggest that Mr. Epstein enter two pleas -- one to the Indictment and a second to a non-registerable charge. This charge could still allow for restitution under chapter 796. Indeed, because the conduct at issue here involves woman under the age of majority, I would suggest that Mr. Epstein plead either to a charge of contributing to the delinquency of a minor, child abuse, and/or agree to a statement of facts that he should have known that women under the age of majority were involved. Such a statement combined with a plea should address any concerns you have regarding Mr. Epstein's accepting responsibility for his conduct.
To require registration based on the facts alleged in this case, however, simply does not make sense. Registration is a life sentence and the FBI's
EFTA00215125
involvement in this case and their interest in vindication for their efforts cannot justify a punishment harsher than what Mr. Epstein deserves. I ask you to look at the manner in which the state settled the Kutun case last week. As you know, Mr. Kutun was a public figure who had videotaped sexual intercourse with a 16 year old. Consider the following factors, which we believe, indicate that registration is not justified in Mr. Epstein's case:
• Mr. Epstein has no prior criminal record and no previous history of sexual offenses;
• The vast majority of the girls alleged to be involved were over the age of 16, and many were months away from reaching the age of majority;
• There are no allegations of substance or alcohol abuse or that Mr. Epstein provided drugs or alcohol to anyone;
• There is no suggestion that Mr. Epstein is a pedophile;
• There is no history of mental illness or
anti-social personality
disorder;
• There is no evidence of intemet luring or trolling to seek out girls;
• There is no need to make public the facts of Mr. Epstein's case to protect others since he is already in the public eye and
• Mr. Epstein's employment does not involve or require any contact with minors.
Given these factors, Mr. Epstein does not pose the type of future threat that registration is designed to address. Also, Mr. Epstein's term of incarceration serves as an already harsh punishment. His business will have been terminated, and his reputation destroyed.
If you refuse to agree to allow Mr. Epstein to plead to our proposed state charges, I propose an alternative option that will satisfy your need of vindication of a federal interest and pubic safety while at that same time address my concerns for Mr. Epstein's safety. The United States Sentencing Guidelines contain extraordinary sentencing enhancements for a defendant who has a prior sex offense conviction and again commits a sexual offense against a minor, USSG 481.5. See e.g., United States v Leach, 491 F.3d 858 (8th Cir. 2007).
EFTA00215126
Mr. Epstein will agree, if permitted under the terms of his federal deferred prosecution agreement to resolve his state case with a plea to a non-registerable state sex offense, to stipulate that the state offense in question will, without contest, legally constitute a prior 'sexual offense" for purposes of the enhanced recidivist sentencing under USSG 461.5 in the event he is ever again determined to have committed a federal sex offense against minors as defined by this guideline.
If you accept this stipulation — and make it part of the deferred prosecution agreement— Mr. Epstein will know, with certitude, that any future violation of any relevant federal law will put him in a federal prison for a substantial part of the rest of his life. By accepting this option, you would be substituting the certainty of recidivist sentencing for the humiliation of registration. I hope you will consider this alternative seriously.
Finally, if you are unwilling to accept our proposal, then I would like to discuss with you the language that would be appropriate to allow Mr. Epstein to be charged near the completion of his sentence to a registerable sex offense.
I look forward to hearing from you regarding your decision. I will be working on all other aspects of the final agreement today with Please contact me if you have any questions.
Sincerely,
Jay Lefkowitz
EFTA00215127