Re: Bad News and Good News re Epstein
Hi Nesbitt – I am trying to get this indictment package finalized. Can you e-mail to me the final telephone charts for all of the girls and [redacted], [redacted], and [redacted]? Also, do you have all of [redacted] records electronically? Maybe we can search for phone numbers for some of the new girls, even though we don’t have their phone records yet.
Also, can you check on the lead to New York? Ideally, I would like to turn the package in on Thursday, so I need to know if we can include any of those girls.
When you have a chance, please give me a call. I am in the U.S. Attorney's Office — 561-209-1021.
A. Marie Villafaña
Assistant U.S. Attorney
561 209-1047
Can you e-mail me your summary chart, too? The Excel spreadsheet.
Thanks.
A. Marie Villafaña
Assistant U.S. Attorney
561 209-1047
Hi Myesha – Our server was down for a few hours this morning, so I am very behind on my revisions. I wanted to talk about which girls we should drop.
and L. are the girls who have filed lawsuits. I have excluded them.
With respect to the other girls brought by here are my thoughts. We can drop S. very easily. Both only gave 1 or 2 massages and did not disclose their ages. S. is a good witness because she shows that, if you aren’t willing to do more sexual activity, Epstein stops the massage and doesn’t want to see you anymore. She seems like someone whom we could get in as 404(b) because the probative nature outweighs its prejudice.
I think we should drop P. because I don’t believe she will ever be completely truthful about the amount of sexual activity that occurred. (She is the girl that one of the witnesses described as “a virgin on graduation day.”)
That only leaves , the soccer player who cried for the entire interview. I think that she may be worth keeping. We have such good documentary evidence related to her – message pads, car rental records, 156 calls with , and 2 calls with (we have very few phone calls with , so this is key).
What do you think?
A. Marie Villaña
Assistant U.S. Attorney
561 209-1047
FYI — Tell me what you think. Also, can you pull the messages from and see if you can tell what the dates are and who took the messages? Thanks. And am I correct that we have only two phone calls with a 4/23/04 and 5/2/04 .4. Marie Vilhiliiiia Assistant U.S. Attorney 56I 209-1047
I'm not supposed to be involved in any substantive decisions until I get word from "on high". However, my general thoughts are that you are correct. has some of the best evidence and will be a good witness, although a reluctant one. Am I correct to assume that A. and A. are still in? Their past history of commitment will have to be dealt with and it won't be easy, but I agree that they should be left in. The fact that their commitments were post-Epstein is good, but his attorneys are going to try to destroy them. Is Felecia in as well? I thought that she was truthful. What about
Marie C. (USAFLS) [mailto:Ann.Marie.C.Villafana@usdoj.gov]
Sent: Thursday, February 14, 2008 11:22 AM
To: Braden, Myesha
Subject: Epstein Indictment
Hi Myesha - Our server was down for a few hours this morning, so I am very behind on my revisions. I wanted to talk about which girls we should drop.
[ ]
and Michelle L. are the girls who have filed lawsuits. I have excluded them.
With respect to the other girls brought by [ ] ,here are my thoughts. We can drop and S.
very easily. Both only gave 1 or 2 massages and did not disclose their ages. S. Is a good witness
because she shows that, if you aren't willing to do more sexual activity, Epstem stops the massage and doesn't
want to see you anymore. She seems like someone whom we could get in as 404(b) because the probative
nature outweighs its prejudice.
I think we should drop P. because I don't believe shewill ever be completely truthfulabout the amount of [ ]
sexualactivity that occurre .(She is the girl that one of the witnessesdescribed as "a virgin ongraduation day.")
That only leaves [ ] the soccer player who cried for the entire interview. I think that she may be worth
keepi e such good documentary evidence related to her - message pads, car rental records, 156 calls
with , and 2 calls with (we have very few phone calls with , so this is
key).
What do you think?
A. Marie Villafaña
Assistant U.S. Attorney
561 209-1047
Hey Marie,
There was no indictment attached to your email. Can you send it again.
In addition to the two calls from to on her cell phone 4/23/04 at 1:35 pm and 5/2/04 at 10:32 am, we have two telephone calls from to (Andriano's boyfriend) telephone on 03/04/2004 at 9:46 am and 2:30 pm.
Message pads reflect 10 messages from beginning 03/11/2003 ending 03/01/2006. Individuals Identified as taking the messages are Evelyne, Michajligla, and Alfredo Rodriguez.
Ili Jason — I didn't send the indictment yet. I was just asking for input on who to include and who to exclude.
How old was when she went with ?
A. Marie Villafaña
Assistant U.S. Attorney
561 209-1047
Hi guys - sorry to bother you. On some of the new girls I don't have dobs.
The image contains a communication from A. Marie Villafaña, Assistant U.S. Attorney, with the phone number 561 209-1047.
Key information extracted:
- A question regarding the date of birth (dob) of an individual, referencing "the 302".
- An inquiry about the availability of a phone number for the same individual.
- A question about whether to include two other individuals in a conversation or matter, asking if they have been talked to.
Bob and Rolando — Just wanted to let you know that I gave the indictment package to Karen yesterday. If you want a preview before her edits, or if you just want to start reading the pros memo, please let me know.
Thank you.
A. Marie Villaña
Assistant U.S. Attorney
561 209-1047
Bob and Rolando - Just wanted to let you know that I gave the indictment package to Karen yesterday. If you want a preview before her edits, or if you just want to start reading the pros memo, please let me know.
Thank you.
A. Marie Villafaña
Assistant U.S. Attorney
561 209-1047
I thought the pros memo and indictment that I read were good. We talked about rearranging and thinning out the overt acts in order to clarify the particular conduct. There were a few other smaller changes as well, but unless there are major changes to the pros memo or indictment that I reviewed, I will wait for Karen and Rolando to have a crack at it.
I thought the pros memo and indictment that I read were good. We talked about rearranging and thinning out the overt acts in order to clarify the particular conduct. There were a few other smaller changes as well, but unless there are major changes to the pros memo or indictment that I reviewed, I will wait for Karen and Rolando to have a crack at it.
Just to update — I have a call into Lefkowitz, but I haven't heard back from him. I'll try him again tomorrow If he hasn't
called back by then.
Just to update — I have a call into Lefkowitz. but I haven't heard back from him. I'll try him again tomorrow If he hasn't called back by then.
FYI - Still don'tkno‘‘what is going to happen.but at leastthere fi nally is movement.
A. Marie l'illafaña
Assistant U.S. Attorney
500 S. Australian Ave, Suite 400
West Palm Beach, FL 33401
Phone 561 209-1047
Fax 561 820-8777
Hi Drew - Thank you for the update. Do you want an FBI presence at any meeting you set up? I can ask the SAC if he wants to attend (or if he wants someone higher tip to attend). Please just let me know.
Thank you.
A. Marie Viiialana
Assistant U.S. Attorney
500 S. Australian Ave. Suite 400
West Palm Beach, FL 33401
Phone 561 209-1047
Fax 561 820-8777
Hi Drew-Thank you for the update. Do you want an FBI presence at any meeting you set up? I can ask the SAC if he wants to attend (or if he wants someone higher up to attend). Please just let me know.
Thank you.
A. Marie Villafaña
Assistant U.S. Attorney
500 S. Australian Ave. Suite 400
West Palm Beach, FL 33401
Phone 561 209-1047
Fax 561 820-8777
Hi Myesha - Do you think we have a chance? I have four hours reserved with the grand jury on March 11th. I wanted to try to do it sooner, but I think this is going to take a while. Can you come on the 11th
I have been super-depressed about this — my poor secretary thinks I have turned into a I just can't help feeling that I am doing all of this work kw nothing.
- Marie Villeflaila
Assistant U.S. Attorney
500 S. Australian Ave. Suite 400
West Palm Beach. Fl. 33401
Phone 561 209.1047
Fax 561 820-8777
I just got off the phone with Jay Leficowitz. It was a positive conversation centered mostly on what role they expect CEOS to be playing when they meet with us. I told him that all I want to do is help the process move forward, and if they think we best help the process by taking a fresh and objective look at the case and their arguments than that is what I want to do. I told him that if that's what they want - if that is what will help the process to move forward - then I don't think it's advisable for CEOS to partner with the USA° on the case. He wants to think about that (and probably talk to gjAgo-counsel about whether it is better to have us partnered in the case or just serve a review function) and he said get back to me later today. He said he's ready to set the meeting quickly. I'll let you know.
Marie — I don't think we need the FBI either way. If someone disagrees, please let me know. I can ask for Jay's position on that as well if you like.
Hi David - I was just perusing the U.S. Attorney's Manual looking for an answer on another case and I noticed that Section 9-75.030 (regarding Coordination of Child Sex Abuse cases) says that cases involving violations of 18 USC 1591 (related to child sex trafficking) are supposed to be coordinated with CEOS and the Civil Rights Division.
According to Section 8-3.120, prior to presentation to the grand jury, the U.S. Attorney is supposed to advise the Civil Rights Division in writing of the following:
(a) Identity of the targets of the investigation;
(b) The factual allegations to be investigated;
(c) The statutes which may have been violated;
(I) The United States Attorney's assessment of the significance of the case and whether the case is one of "national interest," and
(e) The U.S. Attorney's proposed staffing of the matter (including whether a Civil Rights Division attorney should be assigned to work directly on the matter).
Here is my proposal for such a written notification:
Dear
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[ ]
assistants (Kellen, Marcinkova, and to arrange appointments with minors to engage in commercial sexual activity. ommunications were made via telephones. Once appointments were made, Epstein would travel to the Southern District of Florida, where he maintained a residence, and the minors would travel to his home in Palm Beach where the sexual activity would occur. The Office anticipates charges of violations of Title 18, united States Code, Sections 371, 2422, 2423, and 1591. The investigation of the case by the City of Palm Beach Police Department has resulted in press coverage because of the titillating nature of the facts, but we see this case as similar to other "sex tourism" cases charged by our office, and not a matter of "national interest" as' defined by the U.S. Attorney's Manual. With respect to staffing, the Office has consulted with the Child Exploitation and Obscenity Section, and we anticipate that the case will be staffed by at least one Assistant United States Attorney from our West Palm Beach office and at least one CEOS Attorney.
If we determine that the case should be presented for an indictment, a copy will be provided to you.
David - If you need any more info, please let me know. Also, the indictment is currently being reviewed by my supervisor. If you want to send the draft to Civil Rights now, please let me know.
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
Timing is everything. Right now I am at the NAC attending the Criminal Civil Rights Seminar.
Your letter seems to cover everything, but I want to chat with Bob about it before we send it out. It should probably be addressed to Stephan Curran, who is the Deputy assigned to cover our District.
Bob and I can talk Monday when I get back and we can send out the letter. Since Drew's shop is involved and has been for a while, they will hopefully agree with our/your conclusion. DSW
Hi Caroline — I have received two conflicting points of view regarding this question, so I thought 1 should ask the expert. Here is my situation:
I have been involved in a long-term investigation of a child exploitation case. Throughout the investigation, I have presented evidence and testimony to Grand Jury A. Some of that evidence and testimony related to six victims (of a total of 19 victims), including the live testimony of one of those victims. I also began presenting evidence related to what I called a "draft proposed indictment." For various reasons, the indictment has been delayed about 9 months. And, for other strategic reasons, we have decided to drop the six victims referenced above, and replaced them with a different six victims.
The question is now raised as to whether I should continue presenting to Grand Jury A, with a 404(b)-type instruction related to the evidence of the six dropped victims and some sort of instruction regarding the initial "draft proposed indictment", or whether I should present to Grand Jury B, excluding any testimony regarding those six victims. One other consideration — Grand Jury A is due to expire in August, and I anticipate that the investigation will continue for quite some time after indictment. It is possible that the 6 dropped victims will be re-added in a superseding indictment.
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
Marie:
I see no need to change grand juries. Indeed, changing grand juries might suggest that something untoward occurred, which is not the case.
Nor do I see a requirement to give a 404(6) type instruction. Let's not forget that the role of the grand is to investigate, and it is wholly appropriate that a grand jury in good faith pursued a line of investigathin that does not lead to indictment. That is a very different matter from presenting information pursuant to 404(b), to prove motive, lack of accident, etc.
I share your instinct that just dropping six victims, and the draft proposed indictment, might call for some explanation, or at least acknowledgement, to the grand jury. It's always dicey, and not really desirable, to explain and share legal strategies with the grand jury. Perhaps you can simply tell them that the old draft proposed indictment is being withdrawn, and a different set of facts is being pursued, and ask them if they can set aside what they heard previously, and base a determination of probable cause solely on the new evidence. If any of them indicate inability to do so, perhaps they should be excused from consideration of this case; if that leaves you without a quorum, then you have a basis to go to a new grand jury.'
I hope this helps; I’m available by phone as well.
Caroline
Thank you. Caroline. It is most appreciated.
A. Marie rillalitna
Assistant U.S. Attorney
500 S. Australian Ave. Suite 400
West Palm Beach. FL 33401
Phone 561 209-1047
Fax 561 820-8777
all - I wanted to raise an issue with you regarding the presentation of the Epstein indictment. I have been A the West Palm Beach Tuesday grand jury in the past, which has included presentation of testimony from R. and agent testimony regarding girls who will no longer be referenced in the indictment.
I have conferred with Karen Atkinson and Caroline Heck regarding whether to stay with the same grand [ ]
jury or present to a different grand jury. They agree that I should present to the same grand jury with some sort
of instruction regarding not relying on evidence/testimony regarding those girls.
That is my intention. I would like to present on March II Lb. Epstein will be in town on March 10th for his state court hearing and hopefully we will be able to keep track of his whereabouts until the following day. Karen is reviewing the package now, so it should be in Miami by Monday, March 31
Also, I invited Myesha to be present for the grand jury proceedings, but she is waiting to hear from Alice and Drew about her level of involvement in the case. She is available on that dater so, if Alice and Drew decide about this, she will be able to attend.
Thank you.
A. Mark Villafafia
Assistant U.S. Attorney
500 S. Australian Ave, Suite 400
West Palm Beach, FL 33401
Phone 561 820.8777
FYI
From: Sloman, Jeff (USAFLS)
Sent: Monday, February 25, 2008 7:43 PM
To: JLefkowitz@kirkland.com
Cc: Oosterbaan, Andrew
Subject: Epstein
Jay,
The Section Chief of DOJ's Child Exploitation Obscenity Section (CEOS) notified me today that he will review the matter involving your client Jeffrey Epstein. The Section Chief has indicated that he is ready to proceed immediately, and I understand you are in the process of providing him this week with a summary of issues to be reviewed, and expect to meet with him next week.
The Section Chief also indicated that you would be calling this Office regarding the upcoming March 3, 2008 court date in the Fifteenth Judicial Circuit, in and for Palm Beach County. As you know, the Agreement entered into by your client originally provided that the United States
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Attorney's Office for the Southern District of Florida (this Office) would defer prosecution if your client pled guilty to enumerated state charges by October 26, 2007. Since then, that date has been postponed for a number of reasons. At this juncture, it would not be reasonable to keep the current March 3I date as a deadline for compliance with the Agreement. That said, this Office is very concerned about additional delays. Despite this concern, I want to assure you that if counsel for Mr. Epstein meets with CEOS next week (the week of March 31, this Office will extend the time for compliance with the Agreement to provide CEOS time to engage in a thorough review.
It goes without saying that in the event that CEOS decides that a federal prosecution should not be undertaken against Mr. Epstein, this Office will close its investigation. However, should CEOS disagree with Mr. Epstein's position, Mr. Epstein shall have one week to abide by the terms and conditions of the September 24, 2007 Agreement as amended by letter from United States Attorney Acosta to Jay Lefkowitz.
Jeffrey H. Sloman
First Assistant U.S. Attorney
Southern District of Florida
Why would we possibly let him keep the same deal after all he has put us through? And after we have discovered 6 new girls, plus another 3 probable victims in New York?
A. Marie Villafaña
Assistant U.S. Attorney
500 S. Australian Ave. Suite 400
West Palm Beach, FL 33401
Phone 561 209-1047
Fax 561 820-8777
Hi Myesha — I won't even tell you about how today is starting off badly on this case (politics, of course, not facts). But, in any event, the word is that CEOS is going to undertake an "independent review" of the case and meet with Epstein's attorneys some time next week. My supervisor is finishing the review of the indictment package and I know she caught some typos. When I finish those revisions, I will e-mail to you the entire indictment package, and you can find out what Drew wants to look at. I have one real concern, however. As you know, there are several girls that are still unknown to the defense. I want to avoid any possibility that those names might be disclosed. Should I redact the names of all of the girls from the pros memos that I send to you?
Thank you, Myesha.
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
Bob, Jeff, Alex and I discussed this yesterday. Jeff made some edits to your proposed letter and wants to send it out under Bob's signature. Bob have you had a chance to review Jeff's email?
Original Message -----
From: Villafana, Ann Marie C. (USAFLS)
To: Weinstein, David (USAFLS)
Cc: Senior, Robert (USAFLS)
Sent: Wed Feb 27 16:16:36 2008
Subject: RE: To the Civil Rights Chief
Hi David -- Have you had a chance to talk to Bob about this? I think my window is close to "opening" and I don't want the bad guys to come up with another reason for delay.
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
That is fine. Just please send a copy to me for my file.
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
We made contact w ny girl. Ny agent to set up interview for next week. Sorry haven't made it over there yet, I'm hoping to finish up qp the GJSs soon.
----- Original Message -----
From: Villafana, Ann Marie C. (USAFLS) Ann.Marie.C.Villafana@usdoj.gov
To: Kuyrkendall, E N.; Richards, Jason R.
Sent: Thu Feb 28 16:07:12 2008
Subject: A fun task
Hi guys - I am still wading through these FedEx records. There are a lot of shipments from "The Art of Women" in Haleiwa, Hawaii. I was able to access their MySpace page and he claims to be a photographer for "aspiring models." He invites aspiring models to visit his website, www.artofwomen.com http://www.artofwomen.com , but I cannot access it because DO) blocks me. Can you try?
Also, someone from JE's office sent a package to Chiko Hoge, U.S. Secret Service, in Honolulu. It looks like it was around thetime that JE took Clinton to Africa.
Dave Rogers also sent a package to "Inspector Lewis, U.S. Customs Service, 1210 Corbin Street, Elizabeth, NJ 07201"
There were a lot of packages to Karin Models/MC-squared.
name appears as the pers e packages a lot, do we know if sesz works for JE? What about ?
Any word from FBI New York?
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
Hi guys — Another New York girl has been identified and will be interviewed next week. We also have FedEx records corroborating a girl who saw Epstein (and received a gift from him) when she was 15.
I have e-mailed CEOS about additional information in preparation for their meeting but have received no response. 1.don't know whether I should send them info about the additional girls (to show how this case continues to grow, and has become multi-state) or not send the info to avoid an unintentional leak to Epstein's lawyers.
I also wasn't sure whether you guys heard that [redacted] parents have voluntarily dismissed their case against Epstein. According to the papers here no money changed hands, but it seems unlikely. I will be issuing a subpoena for her deposition transcript.
Can someone give me an update? Thank you.
A. Marie Vil
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 think we have an issue with staleness because the memory cards are fixed (they haven't changed since the original search warrant).
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: Kuyrkendall, E N.
Sent: Wednesday, March 05, 2008 5:55 PM
To: Villafana, Ann Marie C. (USAFLS)
Subject: Re: Epstein update
I like your style! Unsure what communication btw Jeff and Jay is about?? Also do we have staleness issues with SW?
Original Message
From: Villafana, Ann Marie C. (USAFLS) Ann.Marie.C.Villafana@usdoj.gov
To: Acosta, Alex (USA); Sloman, Jeff (USA); Oosterbaan, Andrew (CRM); Senior,
Robert (USA)
Cc: Garcia lando (USA); Atkinson, Karen (USA)
Sent: Wed 05 16:54:35 2008 [ ]
Subject: Epstein update
Hi all - I wanted to update you on a couple of new developments in the Epstein case. First, Jeff Herman is supposed to give a press conference today announcing the filing of a third lawsuit against Epstein. That case also involves a victim whom we are no longer referring to in the indictment [Drew - tell that to the defense.] Herman seems to have latched onto the group which, as discussed in my third addendum to the pros memo, we ave a rea y decided to forego for the most part.
Drew - Since I am not certain of the scope of your meeting, I do not know how critical it is for you to see the new facts developed in the supplemental pros memos (you reviewed the initial pros memo from May of last year). If you would like the supplements, please let me know. The legal theories have remained the same.
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I also wanted to call to everyone's attention the three-year statute of limitations in Florida for the state solicitation offenses. The statute will run for all the victims this summer. Once it runs we cannot insist on a state court plea to a new charge. It al§o means that the state cannot charge the crimes related to the victims discovered after the initial investigation. We have asked the Palm Beach Police Department to forego presenting thdse charges for state prosecution in deference to our prosecution. If we do not intend to go forward, it is imperative that we communicate that to the Police Department as soon as possible so they can present those victims for state prosecution.
I have reserved time with the grand jury on the 18th. I had hoped to present the indictment at that time, but in light of Jeff's communication with Jay, I will push it off until the 25th. I would still like to start the presentation on the 18th so we aren't accused of rushing the grand jury. So; I hope that the final indictment packet will be approved by that date.
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
Marie,
Hey, here Is a rough and do I mean rough copy of the affidavit for the memory cards. Let me know what you think, it seems pretty thin. I did not know If you wanted all of the '4" and "A" passages but I Included it. I did not include A.H. at the bath tub because we are unsure of her age at the time the photo was taken (I am going to recheck to make sure).
Paragraphs we need to add and I was hoping you might have - the characteristics of someone who is a collector of Child Pornography and any more technical verbiage regarding the forensic examination. I also did not do an Attachment B(typIcally the items we will be searching for ???).
Text me on a time you would like me at your office and I will be there. I will be spending the day in our conference rooming prepping for GI
Think about this SW - I guess I. think It Is pretty bad but I am to tired tonight to try and start over.(not sure if there is enough PC)
p.s. Jason Is also concerned because he believes he reviewed the flash cards some time ago and now It appears we may not have had legal means.
Marie:
Bob wants me to put the entire indictment together along with all the forms that goes with the indictment. I've printed the indictment and pros memos. I do not have any information for the concurrence sheet but I can get that later. Thanks.
The image displays a collection of file names, predominantly related to legal documents. Key entities include:
- Arrest Warrants: Several files are labeled as "ArrestWarran" followed by names or codes like "Kel len.pdf", "Ma rcinkova.pdf", "Ro ss.pdf", and "Ep stein.pdf".
- Bond Forms: Multiple files are identified as "Bond Rec Form" with associated names like "Epstein.wpd" and others that are redacted.
- Other Legal Documents: There are files named "07 103 conc-.wpd", "CertificateOfTria IAttorney.wpd", and "indictment cover 06 version.wp".
- Penalty Information: Several entries refer to "penalty" and "penalty sheet", often with dates like "dated Feb 1".
Many file names and some content are redacted (blacked out).
[x]
Indictment Blue
Sheet--.wpd
One more, thanks.
From: Ball, Shawn (USAFLS)
Sent: Friday, March 14, 7008 9:59 AM
To: Devlin, Frederica (USAFLS)
Cc: Villafana, Ann Marie C. (USAFLS)
Subject: Operation Leap Year Ind Package
<< File: 07 103 conc-.wpd >> << File: ArrestWarranKellen.pdf >> << File: ArrestWarranMarcinkova.pdf >> << File:
ArrestWarranRoss.pdf >> << File: ArrestWarrantEpstein.pdf >> << File: Bond Rec Form Epstein.wpd >> << File: Bond
Rec Form [redacted].wpd >> << File: Bond Rec Form [redacted].wpd >> << File: Bond Rec Form [redacted].wpd >> << File:
CertificateOfTrialAttorney.wpd >> << File: Epstein penalty sheet dated Feb 19 08.wpd >> << File: indictment cover 06
version.wpd >> << File: [redacted] penalty sheet date Feb 19 08.wpd >> << File: [redacted] penalty sheet page 2 dated Feb 19
08.wpd >> << File: [redacted] penalty sheet dated Feb 19 08.wpd >> << File: [redacted] penalty sheet page 2 dated
Feb 19 08.wpd >> << File: [redacted] penalty sheet dated Feb 19 08.wpd >> << File: [redacted] penalty sheet page 2 dated Feb 19
08 .wpd >
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Hi Rolando -- Shawn e-mail everything down, but I think you should fax the cover sheet with your signature so Bob's signature can be on there with everyone else's. thanks.
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: Garcia, Rolando (USAFLS) Sent: Friday, March 14, 2008 9:43 AM To: Villafana, Ann Marie C. (USAFLS) Subject: Re: Penalty sheets, bond recommendations, and all other forms for the indictment of J.E. et al.
I emailed him everything you sent me and told him that I have the hard copy of the indictment package.
Sent from my BlackBerry Wireless Handheld
Original Message From: Villafana, Ann Marie C. (USAFLS) To: Garcia, Rolando (USAFLS); Atkinson, Karen (USAFLS) Sent: Fri Mar 14 09:30:23 2008 Subject: FW: Penalty sheets, bond recommendations, and all other forms for the indictment of J.E. et al.
Rolando - Didn't you send the entire packet to Bob? Everything was in the
packet?
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
I have grand jury time tomorrow morning, and I need to know what I should do and say.
Thank you.
A. Marie Villafaña
Assistant U.S. Attorney
561 209-1047
I learned that Barry Sabin is the acting chief of staff for the AAG. I called and left a message for him to see if we could get an answer one way or another. I'm sorry but I don't know what else to do.
From: Villafana, Ann Marie C. (USAFLS) Sent: Monday, April 28, 2008 1:06 PM To: Sloman, Jeff (USAFLS); Senior, Robert (USAFLS) Cc: Atkinson, Karen (USAFLS) Subject: Is there any word from DC?
I have grand jury time tomorrow morning, and I need to know what I should do and say.
Thank you.
A. Marie Villafaña
Assistant U.S. Attorney
561 209-1047
Hi Bob - I am leaving for the grand jury in 15 minutes.
[x]
word from Barry?
A. Marie Villafaña
Assistant U.S. Attorney
561 209-1047
From: Senior, Robert (USAFLS) Sent: Monday, April 28, 2008 2:27 PM To: Villafana, Ann Made C. (USAFLS); Sloman, Jeff (USAFLS) Cc: Atkinson, Karen (USAFLS) Subject: RE: Is there any word from DC?
I learned that Barry Sabin is the acting chief of staff for the AAG. I called and left a message for him to see if we could get an answer one way or another. I'm sorry but I don't know what else to do.
From: Villafana, Ann Marie C. (USAFLS) Sent: Monday, April 28, 2008 1:06 PM To: Sloman, Jeff (USAFLS); Senior, Robert (USAFLS) Cc: Atkinson, Karen (USAFLS) Subject: Is there any word from DC?
I have grand jury time tomorrow morning, and I need to know what I should do and say.
Thank you.
A. Marie Villafaña
Assistant U.S. Attorney
561 209-1047
One of our New York girls was contacted by someone claiming to represent Epstein. None of us (here in Florida) have ever disclosed to Epstein's group that we were even LOOKING at New York. so I am concerned that someone in DC may have leaked it, possibly involuntarily.
Jeff— I haven't told the FBI about your one-week to take the deal thing, because they will not be happy. Can I take a look at your letter before you send it?
Thank you.
A. Marie Villutafia
Assistant U.S. Attorney
500 S. Australian Ave, Suite 400
West Palm Beach, FL 33401
Phone 561 209-1047
Fax 561 820-8777
EpsteinNoticeLtr
0408.wpd
From: Villafana, Ann Marie C. (USAFIS) Sent: Tuesday, April 29, 2008 12:52 PM To: Senior, Robert (USAFLS); Semen, Jeff (USAFLS) Cc: Atkinson, Karen (USAFLS) Subject: One other thing
One of our New York girls was contacted by someone claiming to represent Epstein. None of us (here in Florida) have ever disclosed to Epstein's group that we were even LOOKING at New York, so I am concerned that someone in DC may have leaked it. possibly involuntarily.
Jeff — I haven't told the FBI about your one-week to take the deal thing, because they will not be happy. Can I take a look at your letter before you send it?
Thank you.
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
Ili Jeff— I like it, especially all of the quotes of their language. I just changed a few spacing issues, but I wanted to leave the substantive edits up to you.
In your listing of attorneys, I didn’t know if you wanted to add Mr. Starr’s name up there (I know it is mentioned later), as well as adding “former U.S. Attorney Guy Lewis, and noted criminal defense attorneys Roy Black and Marty Weinberg (I need to check on his name)”
Under “The Negotiation Phase,” you say that one of the options Epstein was presented with was a Rule 11 plea to a federal charge, but that isn’t correct. At that time, Alex was unwilling to do a Rule 11 plea, so we were left with trying to find federal charges that he could plead to that resulted in the agreed imprisonment term. Maybe write: “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.” [Much later, Alex changed his mind, but by that time, Epstein’s crew was on the “he didn’t do anything wrong” bandwagon.]
Under “Delay,” you may want to quote the language of the agreement, which clearly DID NOT contemplate a staggered plea and sentencing. [The true reason why they didn’t plead on the November date was because the judge would have remanded him on that date, rather than let him stay out until January. Quite simply, this was not our problem, we have always maintained that the state court judge should do her own thing, so it wasn’t a legitimate reason for further delay, but it essentially would have eliminated Epstein’s plan to never spend a day in jail.]
In your conclusion, you may want to make one specific term explicit: “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.” Not substantive, but I feel the need to defend my “grammar honor” so -- I know that you, Andy, and Alex (as well as defense counsel) all think that I have made up the word “registrable,” but, according to The Oxford American Dictionary, the adjective form of “register” is “registrable.”
Thank you!
A. Marie Villafaña
Assistant U.S. Attorney
561 209-1047
Fax 561 820-8777
From: Sloman, Jeff (USAFLS)
Sent: Tuesday, April 29, 2008 5:19 PM
To: Villafana, Ann Marie C. (USAFLS)
Subject: RE: One other thing
<< File: EpsteinNoticeLtr0408.wpd >>
Hi Nesbitt —1 am trying to get my boxes in order before I come. I have 5 down and 3 to go. Can I come over at 10:30?
A. Marie Villafafia
Assistant U.S. Attorney
561 209-1047
Take your time we will see u when u get here. Come to the 6th floor.
---- Original Message
From: Villafana, Ann Marie C. (USAFLS) Ann.Marie.C.Villafana@usdoj.gov
To: Kuyrkendall, E N.
Sent: Thu May 01 09:47:56 2008
Subject: 10:30?
Hi Nesbitt - I am trying to get my boxes in order before I come. I have 5 down
and 3 to go. Can I come over at 10:30?
A. Marie Villafaha
Assistant U.S. Attorney
561 209-1047
I am on the way. Waiting for train
Original Message -----
From: Kuyrkendall, E N.
To: Villafana, Ann Marie C. (USAFLS)
Sent: Thu May 01 09:48:29 2008
Subject: Re: 10:30?
Take your time we will see u when u get here. Come to the 6th floor.
---- Original Message
From: Villafana, Ann Marie C. (USAFLS) Ann.Marie.C.Villafana@usdoj.gov
To: Kuyrkendall, E N.
Sent: Thu May 01 09:47:56 2008
Subject: 10:30?
Hi Nesbitt - I am trying to get my boxes in order before I come. I have 5 down
and 3 to go. Can I come over at 10:30?
A. Marie Villafaha
Assistant U.S. Attorney
561 209-1047
Thanks. Here's the revised final. Let me know if you spot anything else. BTW, I preserved your grammatical honor.
EpsteinNoticeLtr
0408.wpd
From: Villafana, Ann Mahe C. (USAFLS) Sent: Wednesday, April 30, 2008 11:24 AM
To: Sloman, Jeff (USAFLS)
Subject: RE: One other thing
Hi Jeff — I like it, especially all of the quotes of their language. I just changed a few spacing issues, but I wanted to leave the substantive edits up to you.
I In your listing of attorneys. I didn't know if you wanted to add Mr. Starr's name up there (I know it is
- mentioned later), as well as adding "former U.S. Attorney Guy Lewis. and noted criminal defense attorneys Roy Black and Marty Weinberg (I need to check on his name)"
- Under “The Negotiation Phase,” you say that one of the options Epstein was presented with was a Rule 11 plea to a federal charge, but that isn’t correct. At that time, Alex was unwilling to do a Rule 11 plea, so we were left with trying to find federal charges that he could plead to that resulted in the agreed imprisonment term. Maybe write: “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.” [Much later, Alex changed his mind, but by that time, Epstein’s crew was on the “he didn’t do anything wrong” bandwagon.]
by that time, Epstein's crew was on the "He didn't do anything wrong" side.
3. Under "Delay," you may want to quote the language of the agreement, which clearly DID NOT contemplate a staggered plea and sentencing. [The true reason why they didn't plead on the November date was because the judge would have remanded him on that date, rather than let him stay out until January. Quite simply, this was not our problem, we have always maintained that the state court judge should do her own thing, so it wasn't a legitimate reason for further delay, but it essentially would have eliminated Epstein's plan to never spend a day in jail.]
In your conclusion, you may want to make one specific term explicit: “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.” Not substantive, but I feel the need to defend my "grammar honor" so -- I know that you, Andy. and Alex(as well as defense counsel) all think that I have made up the word "registrable." but, according to The Oxford American Dictionary, the adjective form of "register" is "registrable:
Thank you!
A. Marie Villafaña
1077
08-80736-CV-MARRA
P-014889
Assistant U.S. Attorney
561 209-1047
Fax 561 820-8777
From: Sbman, Jeff (USAFLS) Sent: Tuesday, April 29, 2008 5:19 PM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: One other thing
<<File: EpsteinNoticeLtr0408.wpd >>
From: Villafana, Ann Marie C. (USAF1S) Sent: Tuesday, April 29, 2008 12:52 PM To: Senior, Robert (USAFLS); Sloman, Jeff (USAFLS) Cc: Atkinson, Karen (USAFLS) subject: One other thing
One of our New York girls was contacted by someone claiming to represent Epstein. None of us (here in Florida) have ever disclosed to Epstein's group that we were even LOOKING at New York, so I am concerned that someone in DC may have leaked it, possibly involuntarily.
Jeff — I haven't told the FBI about your one-week to take the deal thing, because they will not be happy. Can I take a look at your letter before you send it?
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
1078
08-80736-CV-MARRA
P-014890
Thanks. Jeff. Except for the fact that it is now, sigh. May. the letter looks perfect.
Is Alice's departure going to slow things down even more, do you think? I spent the past few days completely organizing the file and saw that Lilly's first request for a meeting (which I denied. ofcourse). was in November 2006. and Andy's first meeting with them was in February 2007. I wonder how much JE has paid for his extra 15 months of freedom.
A. Marie Villafaña
Assistant U.S. Attorney
561 209-1047
From: Sloman, Jeff (USAFLS) Sent: Friday, May 02, 2008 11:02 AM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: One other thing
Thanks. Here's the revised final. Let me know if you spot anything else. BTW, I preserved your grammatical honor. << File: EpsteinNoticeLtr0408.wpd >>
From: Villafana, Ann Marle C. (USAFLS) Sent: Wednesday, April 30, 2008 11:24 AM To: Sloman, Jeff (USAFLS) Subject: RE: One other thing
Hi Jeff — I like it, especially all of the quotes of their language. I just changed a few spacing issues, but I wanted to leave the substantive edits up to you.
I. In your listing of attorneys, I didn't know if you wanted to add Mr. Starr's name up there (I know it is
- mentioned later), as well as adding "former U.S. Attorney Guy Lewis, and noted criminal defense attorneys Roy Black and Marty Weinberg (I need to check on his name)"
Under "The Negotiation Phase," you say that one of the options Epstein was presented with was a Rule I I plea to a federal charge, but that isn't correct. At that time, Alex was unwilling to do a Rule I I plea, so we were left with trying to find federal charges that he could plead to that resulted in the agreed imprisonment term. Maybe write: "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." [Much later, Alex changed his mind, but by that time, Epstein's crew was on the "he didn't do anything wrong" bandwagon.]
Under "Delay," you may want to quote the language of the agreement. which clearly DID NOT contemplate a staggered plea and sentencing. [The true reason why they didn't plead on the November date was because the judge would have remanded him on that date, rather than let him stay out until January. Quite simply, this was not our problem, we have always maintained that the state court judge
1074
08-80736-CV-MARRA
P-014887
EFTA00225291
should do her own thing, so it wasn't a legitimate reason for further delay, but it essentially would have eliminated Epstein's plan to never spend a day in jail.]
In your conclusion, you may want to make one specific term explicit: “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.” Not substantive, but I feel the need to defend my "grammar honor" so -- I know that you, Andy, and Alex (as well as defense counsel) all think that I have made up the word "registrable," but, according to The Oxford American Dictionary, the adjective form of "register" is "registrable."
Thank you!
A. Marie Villafaña
Assistant U.S. Attorney
561 209-1047
Fax 561 820-8777
From: Sloman, Jeff (USAFLS)
Sent: Tuesday, April 29, 2008 5:19 PM
To: Villafana, Ann Marie C. (USAFLS)
Subject: RE: One other thing
<< File: EpsteinNoticeLtr0408.wpd >>
From: Villafana, Ann Marie C. (USAFLS)
Sent: Tuesday, April 29, 2008 12:52 PM
To: Senior, Robert (USAFLS); Sloman, Jeff (USAFLS)
Cc: Atkinson, Karen (USAFLS)
Subject: One other thing
One of our New York girls was contacted by someone claiming to represent Epstein. None of us (here in Florida) have ever disclosed to Epstein's group that we were even LOOKING at New York, so I am concerned that someone in DC may have leaked it, possibly involuntarily.
Jeff — I haven't told the FBI about your one-week to take the deal thing, because they will not be happy. Can I take a look at your letter before you send it?
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
Tracking:
1075
08-80736-CV-MARRA
P-014888
Thanks. Jeff. Except for the fact that it is now, sigh. May. the letter looks perfect.
Is Alice's departure going to slow things down even more, do you think? I spent the past few days completely organizing the file and saw that Lilly's first request for a meeting (which I denied. ofcourse). was in November 2006. and Andy's first meeting with them was in February 2007. I wonder how much JE has paid for his extra 15 months of freedom.
A. Marie Villafaña
Assistant U.S. Attorney
561 209-1047
From: Sloman, Jeff (USAFLS) Sent: Friday, May 02, 2008 11:02 AM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: One other thing
Thanks. Here's the revised final. Let me know if you spot anything else. BTW, I preserved your grammatical honor. << File: EpsteinNoticeLtr0408.wpd >>
From: Villafana, Ann Marle C. (USAFLS) Sent: Wednesday, April 30, 2008 11:24 AM To: Sloman, Jeff (USAFLS) Subject: RE: One other thing
Hi Jeff I like it, especially all of the quotes of their language. I just changed a few spacing issues, but I wanted to leave the substantive edits up to you.
I. In your listing of attorneys, I didn't know if you wanted to add Mr. Starr's name up there (I know it is
- mentioned later), as well as adding "former U.S. Attorney Guy Lewis, and noted criminal defense attorneys Roy Black and Marty Weinberg (I need to check on his name)"
Under "The Negotiation Phase," you say that one of the options Epstein was presented with was a Rule I I plea to a federal charge, but that isn't correct. At that time, Alex was unwilling to do a Rule I I plea, so we were left with trying to find federal charges that he could plead to that resulted in the agreed imprisonment term. Maybe write: "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." [Much later, Alex changed his mind, but by that time, Epstein's crew was on the "he didn't do anything wrong" bandwagon.]
Under "Delay," you may want to quote the language of the agreement. which clearly DID NOT contemplate a staggered plea and sentencing. [The true reason why they didn't plead on the November date was because the judge would have remanded him on that date, rather than let him stay out until January. Quite simply, this was not our problem, we have always maintained that the state court judge
1074
08-80736-CV-MARRA
P-014887
EFTA00225291
should do her own thing, so it wasn't a legitimate reason for further delay, but it essentially would have eliminated Epstein's plan to never spend a day in jail.]
In your conclusion, you may want to make one specific term explicit: 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 USAs December 19th letter to Ms. Sanchez. Not substantive, but I feel the need to defend my "grammar honor" so -- I know that you, Andy, and Alex (as well as defense counsel) all think that I have made up the word "registrable," but, according to The Oxford American Dictionary, the adjective form of "register" is "registrable."
Thank you!
A. Marie Villafaña
Assistant U.S. Attorney
561 209-1047
Fax 561 820-8777
From: Sloman, Jeff (USAFLS)
Sent: Tuesday, April 29, 2008 5:19 PM
To: Villafana, Ann Marie C. (USAFLS)
Subject: RE: One other thing
<< File: EpsteinNoticeLtr0408.wpd >>
From: Villafana, Ann Marie C. (USAFLS)
Sent: Tuesday, April 29, 2008 12:52 PM
To: Senior, Robert (USAFLS); Sloman, Jeff (USAFLS)
Cc: Atkinson, Karen (USAFLS)
Subject: One other thing
One of our New York girls was contacted by someone claiming to represent Epstein. None of us (here in Florida) have ever disclosed to Epstein's group that we were even LOOKING at New York, so I am concerned that someone in DC may have leaked it, possibly involuntarily.
Jeff I haven't told the FBI about your one-week to take the deal thing, because they will not be happy. Can I take a look at your letter before you send it?
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
Tracking:
1075
08-80736-CV-MARRA
P-014888
Bob and Karen — I will tell you the bad news first. The New York girl who is referred to in the indictment is
now going south on us (as I mentioned a few days ago, she has been contacted by Epstein's people).
The good news is that there are two other New York girls who have been fully identified and one who has been
partially identified. I would really like to keep the New York allegations in the indictment, so I have asked Nesbitt and Jason to work with FBI New York to get those girls identified and interviewed with the hopes of including at least one of them in the indictment.
So, more good news for Bob, I will not plan to meet with you in the midst of the EARS onslaught. I will ask
Nesbitt and Jason to figure this out while I am away and make the changes as soon as I get back.
Is this alright with everyone?
A. Marie Villafaña
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 want to do it until we get New York finalized.
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
Yes although I would have enjoyed seeing you. Have a good vacation and I apologize for the delay.
Original Message From: Villafana, Ann Marie C. (USAFLS) To: Senior, Robert (USAFLS); Atkinson, Karen (USAFLS) Sent: Fri May 02 14:23:48 2008 Subject: Bad News and Good News re Epstein
Bob and Karen - I will tell you the bad news first. The New York girl who is referred to in the indictment is now going south on us (as I mentioned a few days ago, she has been contacted by Epstein's people).
The good news is that there are two other New York girls who have been fully identified and one who has been partially identified. I would really like to keep the New York allegations in the indictment, so I have asked Nesbitt and Jason to work with FBI New York to get those girls identified and interviewed with the hopes of including at least one of them in the indictment.
So, more good news for Bob, I will not plan to meet with you in the midst of the EARS onslaught. I will ask Nesbitt and Jason to figure this out while I am away and make the changes as soon as I get back.
Is this alright with everyone?
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