EFTA00184224

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SORA HEARING 
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one victim and that is what the defendant plead to. 
So it is unlike a situation where everything was 
indicted and then we get to sort of assess points for all of 
the victims, if it was part of a plea bargain. They did not 
actually choose to go forward on any except for the one 
victim. 
So under the board guidelines, the risk assessment 
interim guidelines, it actually says, you know, by way of 
contrast if an offender is not indicted for an offense, it 
is strong evidence that the offense did not occur and I 
don't think --
THE COURT: Do you find that if somebody is not 
indicted it is strong evidence that it did not occur? 
MS. GAFFNEY: I don't know that we can rely on it 
as clear and convincing evidence if the prosecutor's office 
never went forward on it. The prosecution said that the 
victims, although they spoke to the police early on, did not 
cooperate with them. So we don't have any follow up 
information. 
THE COURT: But the board found a Level Three. 
I have to tell you, I am a little overwhelmed 
because I have never seen the prosecutor's office do 
anything like this. I have never seen it. I had a case 
with one instance it was a marine who went to a bar, and I 
wish I had the case before me, but he went to a bar and a 17 
Mkt, 
Senile! 
Senior Court Reporter 
EFTA00184564

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SORA }LEAKING 
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year old, he was an adult obviously, he was a Marine, a 17
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year old came up to him and one thing lead to another and he 
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had sex with her and the People would not agree to a 
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downward modification on that. 
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So I am a little overwhelmed here because I see --
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I mean I read everything here, I am just a little 
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overwhelmed that the People are making this application. 
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I could cite many many, I have done many SORAs 
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much less troubling than this one where the People would 
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never make a downward argument like this. 
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MS. GAFFNEY: I agree with Your Honor, it is 
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incredibly unusual for us to make a downward argument. But 
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the problem is the one thing that we have from the board is 
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it seems to be in contradiction to their own guidelines 
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which if something was not indicted, you are not supposed to 
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rely on it. 
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THE COURT: They obviously took that into 
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consideration. 
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MS. GAFFNEY: And I tried to reach -- I reached 
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the authorities in Florida to try to see if they had all the 
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interview notes or other things that we can then 
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subsequently rely on that might be considered clear and 
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convincing evidence, if they had interviewed these women on 
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their own, and they never did. No one was cooperative and 
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they did not go forward on any of the cases and none of thee. 
Vikki J. Benkel 
Senior Court Reporter 
EFTA00184565

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were indicted. So I don't know. 
THE COURT: And you spoke to the prosecutor? 
MS. GAFFNEY: The actual prosecutor left the 
office. I spoke to the prosecutor that took over the case. 
THE COURT: Maybe you can find the prosecutor that 
left the office. 
You have done more in other cases looking into it. 
I have never seen the prosecutor's office do this. I have 
to tell you, I am shocked. 
MS. GAFFNEY: Right, but I spoke to the prosecutor 
that took over the case and they don't have anything, any 
affidavits, any statements, any notes. 
THE COURT: Why don't you speak to the prosecutor 
that did do the case, I am sure you could find that 
prosecutor. 
MS. GAFFNEY: I can find her, but based upon what 
the other prosecutor said, they did not speak to that 
prosecutor either. 
THE COURT: You did not speak to the prosecutor 
yourself, you did not speak to them, that is hearsay. You 
did not speak to the prosecutor that handled the case. 
MS. GAFFNEY: That's right. 
THE COURT: I don't think you did much of an 
investigation here. 
MS. GAFFNEY: I mean I called the prosecutor. 
Vikki J. Benkel 
Senior Court Reporter 
EFTA00184566

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Even though the first prosecutor left, presumably the 
prosecutor's office has the file. 
THE COURT: I would still call the prosecutor. 
MS. GAFFNEY: Anything from these women they would 
have forwarded it to us. 
THE COURT: I don't know that, I think you have to 
speak to the prosecutor. 
But be that as it may, I hear your argument. 
Anything else? 
MS. GAFFNEY: I mean that is why I don't think we 
can, I don't think we are entitled to rely on this because 
they did not go forward. 
THE COURT: The board made a recommendation. 
MS. GAFNEY: Correct. 
MS. MUSUMECI: May I speak, Your Honor? 
THE COURT: Yes. 
MS. MUSUMECI: Good afternoon. 
I would like to bring a few additional points to 
Your Honor's attention that don't come across in the board 
recommendation. 
The first is that Mr. Epstein is not a resident of 
New York, unlike most of these out of state, he has not 
changed his address and moved to New York, he maintains a 
vacation home in New York. His primary residence is the 
U.S. Virgin Islands. 
Yak J. Benkel 
Senior Court Reporter 
EFTA00184567

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He is registered in the U.S. Virgin Islands, he 
has been since his release from jail. He notifies the 
Virgin Island authorities every time he leaves that 
jurisdiction. Virgin Island authorities rated him at the 
lowest level of registration. 
He also registered in Florida, which is the state 
of this particular offense, and the only reason that this 
conviction is even before Your Honor. 
The offense for which he was convicted is not a 
registrable offense in New York. He is only registrable 
here arguably because based on the provision of SORA that 
says if a crime is registrable in the state of conviction, 
then it is registrable here in New York. And the Florida 
authorities that considered that rated him at the lowest 
level of their SORA statute. 
He additionally has a vacation home in New Mexico 
and is registered in New Mexico. The New Mexican 
authorities when they considered his offenses, determined he 
need not register at all. Nevertheless, he has voluntarily 
registered with New Mexico and maintains that registration. 
Additionally, because of his possession of a 
vacation home in New York, he has been voluntarily 
registered with New York SOMU, the Sex Offender Monitoring 
Unit since May of this year. He notifies them whenever he 
comes to travel to New York. He never comes to New York for 
Mkt J. Benkel 
Senior Court Reporter 
EFTA00184568

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more than seven days or at least he has not since he has 
been registered. He has no intention to ever be here for 
longer than a period of ten days. 
Like I said, he does notify the authorities when 
he is here. He fully understands the reason for voluntary 
registration, he wants to be compliant with the Federal SORA 
law which requires wherever you own a property to register. 
To require Mr. Epstein to register as a Level 
Three offender in New York would actually require him to 
come to New York more than he does normally, it would 
require him to come every 90 days and renew his 
registration. 
He is very diligent in registering with New York 
authorities. 
All of the other jurisdictions that have 
considered his case have determined that he either not 
register at all or register at the lowest level, and he has 
been more than compliant with all of those requirements. 
Your Honor, we would join in the prosecutor's 
application. 
THE COURT: I am sure you would. 
MS. MUSUMECI: By way of background, we have been 
in contact with the prosecutor's office on this matter since 
I believe certainly since Mr. Epstein got his notification, 
which I believe was in August. We have met with the 
Vikki J. Benkel 
Senior Court Reporter 
EFTA00184569

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prosecutor and provided numerous materials for the 
prosecutor to consider. We have included in that a 
deposition from the detective who headed this investigation 
who acknowledged in a sworn deposition that the lead 
prosecutor who originally had the case, whose name I cannot 
pronounce, 
, I apologize for the 
mispronunciation, said to the detective after her 
investigation, there are no real victims here. 
All of the alleged conduct that is cited in the 
board's write up was commercial conduct. All of the alleged 
conduct the women went voluntarily, there are no allegations 
of force certainly none. 
THE COURT: There was no allegation of force in 
the marine either, who met a girl in a bar, a young girl 17, 
there was no force there. 
MS. MUSUMECI: It is our understanding that the 
prosecutor in Florida conducted a full investigation, as 
full as she was able with the cooperation afforded by these 
complainants, and determined that the only case that she 
could present to the grand jury was this indictment for a 
non registrable offense then --
THE COURT: But it is registrable here. 
I don't know what you mean non registrable 
offense. 
MS. MUSUMECI: Let me explain, Your Honor. 
Vaal J. Berke! 
Senior Court Reporter 
EFTA00184570

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Mr. Epstein plead to two charges, one was an 
indictment which is an offense that is not registrable, it 
is a Florida indictment for --
THE COURT: Then why does he have to register 
here? 
MS. MUSUMECI: It was a second offense that he 
plead to --
THE COURT: That is registrable. 
MS. MUSUMECI: That is registrable. 
That offense was by information and that is the 
only registrable offense, that is what the DA's office is 
considering in doing their scoring. 
The indictment which was the only case that the 
prosecutor even prosecuted through grand jury is not even a 
registrable offense. 
THE COURT: He plead guilty to a registrable 
offense. 
MS. MUSUMECI: Yes. 
THE COURT: What did he plead guilty to? 
MS. GAFFNEY: He plead guilty to the procuring a 
person under 18 for prostitution. 
THE COURT: Procuring a person under 18 for 
prostitution. 
MS. GAFFNEY: Right. 
THE COURT: How old was she? 
Mk! J. Henkel 
Senior Court Reporter 
EFTA00184571

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MS. GAFFNEY: It appears the first time they met 
she was either 16 or 17, then for the remainder of their 
relationship she was probably 17. 
THE COURT: Haw long was their relationship? 
MS. GAFFNEY: She met, she gave him approximately 
15 massages, including with sexual contact, and ultimately 
when she is 17 had intercourse with him. 
THE COURT: She is a child. 
MS. MUSUMECI: Your Honor, I would note that under 
SORA it is clear that prostitution offenses are only 
registrable when in fact by clear and convincing evidence 
the women or victim is 17, is under 17. 
THE COURT: Well, she met him at 16, he procured 
her at 16 from what I read. 
MS. MUSUMECI: There is evidence we challenged. 
THE COURT: He plead guilty to that, didn't he? 
MS. MUSUMECI: He plead guilty to under 18, which 
is the law in Florida, which is a different standard than 
what the law is in New York. And there is no evidence, 
there is no clear and convincing evidence as to her specific 
age at the time of the specific conduct. 
THE COURT: Well, the DA just told me she was most 
likely 17, she just said it on the record. 
MS. MUSUMECI: Your Honor, we agree that the 
evidence is that she was 17 on the one occasion she had 
Mk! J. Benkel 
Senior Court Reporter 
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consensual intercourse with him and 17 is not registrable or 
criminal under New York law. 
And the prostitution aspect of having intercourse 
with a 17 year old is not registrable conduct. 
THE COURT: Why does he have to register here? 
MS. GAFFNEY: Because it is a register able 
offense in Florida, New York State board of examiners --
THE COURT: Recognizes it. 
MS. GAFFNEY: Recognizes it, yes. 
THE COURT: I have had many cases like that where 
it was not registrable here but it was in the state where 
the person came from and New York recognized that. 
MS. MUSUMECI: Your Honor, we are not saying that 
he should not register. Mr. Epstein has already registered 
and recognizes his duty to register. 
THE COURT: I am glad of that, very glad of that. 
I am sorry he may have to come here every 90 days. 
He can give up his New York home if he does not 
want to come every 90 days. 
Anything else? 
I rely on the board. 
MS. MUSUMECI: Your Honor, we would reserve our 
right to appeal Your Honor's ruling. 
THE COURT: Of course, do so. 
MS. GAFFNEY: For the record, Your Honor, he is 
Mkt J. Benkel 
Senior Court Reporter 
EFTA00184573

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going to be deemed a Level Three sex offender with no 
designation, correct? 
THE COURT: Correct. 
MS. MUSUMECI: For purposes of the appeal I 
believe that Your Honor --
THE COURT: Give me the board's scoring. 
The board has scored use of violence the least, 
10. 
Sexual contact with victim, 25. I agree. 
Number of victims, three or more. He only plead 
guilty to one, but apparently there were more than one and I 
think the People concede that although they say it was not 
reliable. 
Duration of offense, conduct with victim, 
continuing course of sexual misconduct, the People have told 
me it was continuing for 20 points. 
Age of victim 11 through 16, he got 20 points for 
that, and she was 16 at the time. 
Other victim characteristics, there was no mental 
disable or helplessness. I agree. 
Relationship with victim stranger, 20 points. 
Age at first act of sexual misconduct, 20 or less. 
They scored him zero on that. 
Number and nature of prior crimes, no history, 
they scored him five on that. 
Yikki J. Benkel 
Senior Court Reporter 
EFTA00184574

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Recency of prior offense less than three years, 
they gave him zero. 
Drug or alcohol abuse history, they gave him zero. 
Acceptance of responsibility, they gave him zero. 
Conduct while confined, they gave him zero. 
And supervision, they gave him zero. 
Living employment situation, zero. 
They gave him 130 points, which is the highest 
level, and I agree with that. 
MR. LEFKOWITZ: If I could be heard for one 
moment. 
It appears that the state board made its 
determination based on access to a police report in Florida 
The prosecutor, the lead prosecutor, the lead sex 
crimes prosecutor in Palm Beach made a determination that 
the complainants and the police report itself was not 
credible and decided not to prosecute on the basis of all of 
that. 
In addition, there has been through the course of 
the last few years some civil litigation, as you might 
imagine, involving these matters and we now have sworn 
testimony in evidence from the complainants themselves 
disclaiming much of what appears in the police report. 
So, Your Honor, we would submit and this is not to 
make light in any way of the conduct what Mr. Epstein did of 
Vikki J. Benkel 
Senior Coon Reporter 
EFTA00184575

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what Mr. Epstein plead guilty to, but with respect to 
everything and that is why Mr. Epstein voluntarily 
registered in New York even though there is a question about 
whether he has any obligation just as a jurisdictional 
matter, but Your Honor, with respect to the appropriate 
level for him to register, we would submit Your Honor that 
the evidence simply does not support the foundation of the 
state's determination. 
THE COURT: You have made a very clear record and 
you have your right to appeal. 
I feel the board looked into all of this, made 
their recommendation, found him to have 130 points and I see 
no reason to disturb that. 
Thank you. 
I, Vikki J. Benkel, a Senior Court Reporter in and for 
the State of New York, do hereby certify that the foregoing 
transcript is true and accurate to the best of my knowledge, 
skill and ability. 
Vikki J. Benkel 
VAR J. Benkel 
Senior Court Reporter 
EFTA00184576

Case 9:08-cv-80736-KAM Document 361-37 Entered on FLSD Docket 02/10/2016 Page 1 of 7 
EXHIBIT 
37 
EFTA00184577

Case 9:08-cv-80736-KAM Document 361-37 Entered on FLSD Docket 02/10/2016 Page 2 of 7 
U.S. Department of Justice 
United Stales Attorney 
Southern District of Florida 
DELIVERY BY FACSIMILE 
Jay P. Lefkowitz, Esq. 
Kirkland & Ellis LIP 
Citigroup Center 
New York, New York 10022-4675 
Re: 
Jeffrey Epstein 
Dear Jay: 
500 S. Australian Ave. Ste 400 
West Palm Beach, FL 33401 
Facsimile: 
August 13, 2008 
As per your request, I am attaching several documents related to Mr. Epstein's performance 
of the Non-Prosecution Agreement. 
The first document attached hereto is the June 30, 2008 proposed Notification, which was 
hand-delivered to Jack Goldberger and Michael Tein shortly after Mr. Epstein entered his guilty plea. 
Following that, I have attached the July 9, 2008 response from Mr. Goldberger. I have 
highlighted two portions. The first is where Mr. Goldberger (presumably with the approval of Mr. 
Tein) approves of the portion of my proposed Notification that quotes directly from the U.S. 
Attorney's December letter to Lilly Ann Sanchez. The second portion is where Mr. Goldberger 
provides his interpretation of the Agreement, and nowhere mentions that he does not believe that the 
December letter is operative. I note that Mr. Goldberger's letter contains a notation showing that Mr. 
Epstein was provided with a copy. 
The third document I have attached is a copy of one of the notifications that was provided 
directly to a victim. Copies of all of the notifications have been provided to Mr. Goldberger, and 
neither he nor any other attorney for Mr. Epstein has ever stated that the letter misrepresents the 
Agreement between the parties or the benefit that the Agreement bestows upon the victims. 
The fourth document I have attached is a copy of a Declaration that 1 have filed in connection 
with the victims' lawsuit filed against the United States. 
This Declaration sets forth our 
understanding of the Agreement and again quotes from the U.S. Attorney's December letter. Messrs. 
Goldberger and Tein are aware of this Declaration and have tiled copies of it in connection with their 
08-80736-CV-MARRA 
RFP WPB 000550 
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Case 9:08-cv-80736-KAM Document 361-37 Entered on FLSD Docket 02/10/2016 Page 3 of 7 
By: 
A. 
Assistant United States Attorney 
JAY P. IJEFKOWITZ, ESQ. 
AUGUST 13, 2008 
PAGE 2 OF 2 
efforts to stay all o fthe civil litigation. Again, neither of them ever expressed to me — or to the Court 
— that it inaccurately describes the Agreement between the United States and Mr. Epstein. 
Please contact me tomorrow morning so that we can resolve this issue. 
Sincerely, 
United States Attom
4y 
cc: 
Karen Atkinson, Chief, Northern Division 
08-80736-CV-MARRA 
RFP WPB 000551 
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/440:7 
U.S. Department of Justice 
United Stales Attorney 
Southern District of Florida 
500 South Australian Ave., Suite 400 
West Palm Beach, FL 33401 
aesimt 
June 30, 2008 
NOTIFICATION OF IDENTIFIED VICTIMS 
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. 
08-80736-CV-MARRA 
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Case 9:08-cv-80736-KAM Document 361-37 Entered on FLSD Docket 02/10/2016 Page 5 of 7 
U.S. Department of Justice 
United Slates Attorney 
Southern District of Florida 
500 South Australian Ave., Suite 400 
ch, FL 33401 
Facsimile: 
June 30, 2008 
NOTIFICATION OF IDENTIFIED VICTIMS 
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 I, 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 
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." 
Initials of Jeffrey Epstein 
 Initials of Jack Goldberger 
08-80736-CV-MARRA 
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Case 9:08-cv-80736-KAM Document 361-37 Entered on FLSD Docket 02/10/2016 Page 6 of 7 
NOTIFICATION OP IDENTIFIED VICTIMS 
lows 30, 2008 
PAGE 2 OF 3 
Through this letter, this Office hereby provides Notice that the individuals identified 
below are individuals whom the United States was prepared to name as a victim of an 
enumerated offense. 
Identified Individuals 
UNITED S I A flIS A I 1ORNEY 
Dated: 
By: 
A. 
VILLAEAA 
ASSISTANT U.S. ATTORNEY 
ACKNOWLEDGMENT 
I have received this Notification from my attorney, Jack Goldberger, Esquire, have 
read it and discussed it with my attorney, and I hereby acknowledge that it accurately sets 
forth my understanding and agreement with the Office of the United States Attorney for the 
Southern District of Florida regarding the notification and rights of identified victims. I 
Initials of Jeffrey Epstein 
Initials of Jack Goldberger 
08-80736-CV-MARRA 
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Case 9:08-cv-80736-KAM Document 361-37 Entered on FLSD Docket 02/10/2016 Page 7 of 7 
NOTIFICATION OF MINIMUM VICTIMS 
JUNE 30, 2008 
PAGE, 3 or 3 
understand that an exact copy of this Notification will be provided to each identified 
individual, except that the names of all other identified individuals will be redacted, and I 
hereby waive any evidentiary challenges to the introduction of a copy of this document—even 
in redacted form—in any judicial proceeding between any identified individual and myself. 
Dated: 
Jeffrey Epstein 
Witnessed by: 
Jack Goldberger, Esquire 
08-80736-CV-MARRA 
RFP WPB 000555 
EFTA00184583