EFTA00184224

Case 9:08-cv-80736-KAM Document 361-68 Entered on FLSD Docket 02/10/2016 Page 1 of 4 
EXHIBIT 
68 
EFTA00184804

Case 9:08-cv-80736-KAM Document 361-68 Entered on FLSD Docket 02/10/2016 Page 2 of 4 
March 20, 2011 
To whom it may concern: 
I served as U.S. Attorney for the Southern District of Florida from 2005 through 2009. Over the 
past weeks, I have read much regarding Mr. Jeffrey Epstein. Sqme appears true, some appears 
distorted. I thought it appropriate to provide some background, with two caveats: (i) under 
Justice Department guidelines, I cannot discuss privileged internal communications among 
Department attorneys and (ii) I no longer have access to the original documents, and as the 
matter is now nearly 4 years old, the precision of memory is reduced. 
The Epstein matter was originally presented to the Palm Beach County State Attorney. Palm 
Beach Police alleged that Epstein unlawfully hired underage high-school females to provide him 
sexually, lewd and erotic massages. Police sought felony charges that would have resulted in a 
term of imprisonment. According to press reports, however, in 2006 the State Attorney, in part 
due to concerns regarding the quality of the evidence, agreed to charge Epstein only with one 
count of aggravated assault with no intent to commit a felony. That charge would have resulted 
in no jail time, no requirement to register as a sexual offender and no restitution for the underage 
victims. 
Local police were dissatisfied with the State Attorney's conclusions, and requested a federal 
investigation. Federal authorities received the State's evidence and engaged in additional 
investigation. Prosecutors weighed the quality of the evidence and the likelihood for success at 
trial. With a federal case, there were two additional considerations. First, a federal criminal 
prosecution requires that the crime be more than local; it must have an interstate nexus. Second, 
as the matter was initially charged by the state, the federal responsibility is, to some extent, to 
back-stop state authorities to ensure that there is no miscarriage of justice, and not to also 
prosecute federally that which has already been charged at the state level. 
After considering the quality of the evidence and the additional considerations, prosecutors 
concluded that the state charge was insufficient. In early summer 2007, the prosecutors and 
agents in this case met with Mr. Epstein's attorney, Roy Black. Mr. Black is perhaps best known 
for his successful defense of William Kennedy Smith. The prosecutors presented Epstein a 
choice: plead to more serious state felony charges (that would result in 2 years' imprisonment, 
registration as a sexual offender, and restitution for the victims) or else prepare for a federal 
felony trial. 
What followed was a year-long assault on the prosecution and the prosecutors. I use the word 
assault mtentionaliy, as the defense in this case was more aggressive than any which t, or me 
prosecutors in my office, had previously encountered. Mr. Epstein hired an army of legal 
superstars: Harvard Professor Alan Dershowitz, former Judge and then Pepperdine Law Dean 
Kenneth Starr, former Deputy Assistant to the President and then Kirkland & Ellis Partner Jay 
Lefkowitz, and several others, including prosecutors who had formally worked in the U.S. 
08-80736-CV-MARRA 
001795 
EFTA00184805

Case 9:08-cv-80736-KAM Document 361-68 Entered on FLSD Docket 02/10/2016 Page 3 of 4 
Attorney's Office and in the Child Exploitation and Obscenity Section of the Justice Department. 
Defense attorneys next requested a meeting with me to challenge the prosecution and the terms 
previously presented by the prosecutors in their meeting with Mr. Black. The prosecution team 
and I met with defense counsel in Fall 2007, and I reaffirmed the office's position: two years, 
registration and restitution, or trial. 
Over the next several months, the defense team presented argument after argument claiming that 
felony criminal proceedings against Epstein were unsupported by the evidence and lacked a basis 
in law, and that the office's insistence on jail-time was motivated by a zeal to overcharge a man 
merely because he is wealthy. They bolstered their arguments with legal opinions from well-
known legal experts. One member of the defense team warned me that the office's excess zeal in 
forcing a good man to serve time in jail might be the subject of a book if we continued to 
proceed with this matter. My office systematically considered and rejected each argument, and 
when we did, my office's decisions were appealed to Washington. As to the warning, I ignored 
it. 
The defense strategy was not limited to legal issues. Defense counsel investigated individual 
prosecutors and their families, looking for personal peccadilloes that may provide a basis for 
disqualification. Disqualifying a prosecutor is an effective (though rarely used) strategy, as 
eliminating the individuals most familiar with the facts and thus most qualified to take a case to 
trial harms likelihood for success. Defense counsel tried to disqualify at least two prosecutors. I 
carefully reviewed, and then rejected, these arguments. 
Despite this army of attorneys, the office held firm to the terms first presented to Mr. Black in 
the original meeting. On June 30, 2008, after yet another last minute appeal to Washington D.C. 
was rejected, Epstein pled guilty in state court. He was to serve 18 months imprisonment, 
register as a sexual offender for life and provide restitution to the victims. 
Some may feel that the prosecution should have been tougher. Evidence that has come to light 
since 2007 may encourage that view. Many victims have since spoken out, filing detailed 
statements in civil cases seeking damages. Physical evidence has since been discovered. Had 
these additional statements and evidence been known, the outcome may have been different. But 
they were not known to us at the time. 
A prosecution decision must be based on admissible facts known at the time. In cases of this 
type, those are unusually difficult because victims are frightened and often decline to testify or if 
they do speak, they give contradictory statements. Our judgment in this case, based on the 
evidence known at the time, was that it was better to have a billionaire serve time in jail, register 
as a sex offender and pay his victims restitution than risk a trial with a reduced likelihood of 
success. I supported that judgment then, and based on the state of the law as it then stood and the 
evidence known at that time, I would support that judgment again. 
Epstein's treatment, while in state custody, likewise may encourage the view that the office 
should have been tougher. Epstein appears to have received highly unusual treatment while in 
jail. Although the terms of confinement in a state prison are a matter appropriately left to the 
08-80736-CV-MARRA 
001796 
EFTA00184806

Case 9:08-cv-80736-KAM Document 361-68 Entered on FLSD Docket 02/10/2016 Page 4 of 4 
State of Florida, and not federal authorities, without doubt, the treatment that he received while 
in state custody undermined the purpose of a jail sentence. 
Some may also believe that the prosecution should have been tougher in retaliation for the 
defense's tactics. The defense, arguably, often failed to negotiate in good faith. They would 
obtain concessions as part of a negotiation and agree to proceed, only to change their minds, and 
appeal the office's position to Washington. The investigations into the family lives of individual 
prosecutors were, in my opinion, uncalled for, as were the accusations of bias and / or 
misconduct against individual prosecutors. At times, some prosecutors felt that we should just 
go to trial, and at times I felt that frustration myself. What was right in the first meeting, 
however, remained right irrespective of defense tactics. Individuals have a constitutional right to 
a defense. The aggressive exercise of that right should not be punished, nor should a defense 
counsel's exercise of their right to appeal a U.S. Attorney to Washington, D.C. Prosecutors must 
be careful not to allow frustration and anger with defense counsel to influence their judgment. 
After the plea, I recall receiving several phone calls. One was from the FBI Special Agent-In-
Charge. He called to offer congratulations. He had been at many of the meetings regarding this 
case. He was aware of the tactics of the defense, and he called to praise our prosecutors for 
holding fmn against the likes of Messrs. Black, Dershowitz, Lefkowitz and Starr. It was a proud 
moment. I also received calls or communications from Messrs. Dershowitz, Lefkowitz and 
Starr. I had known all three individuals previously, from my time in law school and at Kirkland 
& Ellis in the mid 90s. They all sought to make peace. I agreed to talk and meet with each of 
them after Epstein pled guilty, as I think it important that prosecutors battle defense attorneys in 
a case and then move on. I have tried, yet I confess that has been difficult to do fully in this case. 
The bottom line is this: Mr. Jeffrey Epstein, a billionaire, served time in jail and is now a 
registered sex offender. He has been required to pay his victims restitution, though restitution 
clearly cannot compensate for the crime. And we know much more today about his crimes 
because the victims have come forward to speak out. Some may disagree with the prosecutorial 
judgments made in this case, but those individuals are not the ones who at the time reviewed the 
evidence available for trial and assessed the likelihood of success. 
Respectfully, 
Former U.S. Attorney 
Sothern District of Florida 
08-80736-CV-MARRA 
001797 
EFTA00184807

Case 9:08-cv-80736-KAM Document 361-69 Entered on FLSD Docket 02/10/2016 Page 1 of 2 
! i
i 
EXHIBIT 
69 
EFTA00184808

Case 9:08-cv-80736-KAM Document 361-69 Entered on FLSD Docket 02/10/2016 Page 2 of 2 
WIllafana, Ann 
C. 
MUSAFLSW 
09/25/2007 12:11 PM 
To 
cc 
bce 
Subject 
11C*Y 
Skik,haNiali$11 
14.413/I'Vl‘alek, lietbiaMkiMta 
"Jay Lefkowitz" <JLefkowilz@MIrkland.coi 
Conference call 
Hi Jay — Have you approved Mr. Ocariz as the girls' 
representative? And can we have a conference call to discuss what 
I may disclose to him and to the girls regarding the agreement? 
Thank you. 
A. Marie Villafaiia 
Assistant U.S. Attorney 
US_Atty_Cor_001 56 
EFTA00184809

Case 9:08-cv-80736-KAM Document 361-70 Entered on FLSD Docket 02/10/2016 Page 1 of 2 
EXHIBIT 
70 
EFTA00184810

Case 9:O8-cv-8O736-KAM Document 361-7O Entered on FLSD Docket O2/1O/2O16 Page 2 of 2 
09/25/2007 08:36 PM 
To "Jay Lefkowlte <JLetkowitzelkiiidand.cm 
cc 
boo 
Subject Other attorneys 
Hi Jay — These four people were recommended. I have not 
contacted them to fmd out what their rates are. All are very active 
in the plaintiffs' bar in the West Palm area. Ted Babbitt would be 
my first choice of these four but I think he is conflicted out because 
one of his partners is married to an AUSA here. Stuart Grossman 
is probably my second choice. 
Ted Babbitt -- jittp://www.babbittjohnson.cem/tbabbitthtml 
Stuart Grossman —
http://www,;grossmanandroth.com/sgrossman.htm 
Chris Searcy — 
http://www.searevlaw.corn/CHRISTIANDSBARCY/tabid/935/def 
aultaspx 
Lake Lyra!, Jr. -- http://www.lvtakeiter.com/index.phrRnaee id=37 
Talk to Jack Goldberger about this group. They are all very good 
personal injury lawyers, but I have concerns about whether there 
would be an inherent tension because they may feel that THEY 
might make more money (and get a lot more press coverage) if 
they proceed outside the terms of the plea agreement. (Sorry — I 
just have a bias against plaintiffs' attorneys.) One nice thing about 
Bert is that he is in Miami where there has been almost no 
coverage of this case. 
Just so you know, I have never met Bert, but a good friend in our 
appellate section and one of the district judges in Miami are good 
friends with him and recommended him. 
Can you let me know tomorrow? I am going to be out for a while 
starting on Friday, and I would like to get this underway before I 
leave. 
Thank you. 
08-80736-CV-MARRA 
RFP WPB 000384 
EFTA00184811

Case 9:08-cv-80736-KAM Document 362 Entered on FLSD Docket 02/10/2016 Page 1 of 2 
UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF FLORIDA 
Case No. 9:08-80736-Civ-Marra/Johnson 
JANE DOE #1 and JANE DOE #2 
I.
UNITED STATES 
NOTICE OF FILING EXHIBITS 
Plaintiffs, JANE DOE #1 and JANE DOE #2, by though undersigned counsel hereby file 
the attached additional exhibits to their Consolidated Statement of Undisputed Material Facts and 
Motion for Partial Summary Judgment with Incorporated Memorandum of Law filed on February 
10, 2016 as DE 361. 
DATED: February 10, 2016 
Respectfully Submitted, 
/s/ Bradley J. Edwards 
Bradley J. Edwards 
FARMER, JAFFE, WEISSING, 
EDWARDS, FISTOS & LEHRMAN, P.L. 
425 North Andrews Avenue, Suite 2 
Fort Lauderdale, Florida 33301 
Telephone (954) 524-2820 
Facsimile (954) 524-2822 
E-mail: brad®pathtojustice.com 
And 
Paul G. Cassell 
Pro Hac Vice 
S.J. Quinney College of Law at the 
University of Utah.
332 S. 1400 E. 
This daytime business address is provided for identification and correspondence purposes 
only and is not intended to imply institutional endorsement by the University of Utah 
I 
EFTA00184812

Case 9:08-cv-80736-KAM Document 362 Entered on FLSD Docket 02/10/2016 Page 2 of 2 
Salt Lake City, UT 84112 
Telephone:801-585-5202 
Facsimile:801-585-6833 
E-Mail :casse I Ip@law.utah.edu 
Attorneys for Jane Does No. 1, 2, 3 and 4 
CERTIFICATE OF SERVICE 
I certify that the foregoing document was served on February 10, 2016, on the following using 
the Court's CM/ECF system: 
Dexter Lee 
Fax: 
E-mail: 
E-mail: 
Attorneys for the Government 
Roy Eric Black 
Jacqueline Perczek 
Black Srebnick Korns 
Fax: 
Email: 
Attorneys for Jeffrey Epstein 
& Stumpf 
Is/ Bradley J. Edwards 
Bradley J. Edwards 
2 
EFTA00184813

Case 9:08-cv-80736-KAM Document 362-1 Entered on FLSD Docket 02/10/2016 Page 1 of 2 
EXHIBIT 
71 
EFTA00184814

Case 9:08-cv-80736-KAM Document 362-1 Entered on FLSD Docket 02/10/2016 Page 2 of 2 
VWefane, Mn 
To "Jay LoewyAtte <JLefkowitzaWklikland.com> 
Merle C. 
cc 
bee 
Subject 
09128120D7 11:01 
AM 
RE: Other attorneys 
Hi Jay — Can you give me a call at 
this morning? I 
am meeting with the agents and want to give them their marching 
orders regarding what they can tell the girls. 
Also, please remove Babbitt and Searcy from the list. There is too 
great a chance of an appearance of impropriety with Babbitt and I 
received a bad report about Searcy last night. 
Thank you. 
A. 
Vilinfaita 
Assistant U.S. Attorney 
US_Atty_Cor_00359 
EFTA00184815

Case 9:08-cv-80736-KAM Document 362-2 Entered on FLSD Docket 02/10/2016 Page 1 of 3 
( 
( 
EXHIBIT 
72 
EFTA00184816

Case 9:08-cv-80736-KAM Document 362-2 Entered on FLSD Docket 02/10/2016 Page 2 of 3 
From: 
Sent: 
To: 
Subject: 
. (USAFLS) 
Thitretinv Santamhor 27, 2007 10:23 AM 
. (USAFLS) 
RE: Contact Information for the agents 
Thanks for the update and the info. In going through the process of getting final approval for this matter, I received a few 
follow-up questions from the powers that be at my firm: 
1. Can we get a copy of the indictment (or can you tell me the nature of the crimes against the girls)? 
2. When will it be possible to see the plea agreement so that we understand exactly what Epstein concedes to in the civil 
case? 
3. Is there any cap or other limitation on attorney's fees that the defendant will pay in the civil case? 
4. What is the conteplated procedure for, and timing of, the payment of attorney's fees and costs? 
5. Depending on the nature of the crime/injury, the expectation from this end is that there will be a battle regarding the 
damages, including punitive damages, that will be demanded and that defense counsel will try to leverage payment of 
fees against a smatter demand from the girls or even seek a "haircut" on fees, effectively putting the firm in a position 
where it must chose whether to "contribute" to a settlement in order to resolve the case. 
Given any of the possible scenarios regarding the payment of fees that the defendant could create (particularly given 
the strength and creativity of his legal team), my firm could be put in a position which arguably creates a conflict of 
interest with the clients. Is there a way to structure a payment by the defendant of a lump sum for costsand then my firm 
would simply handle the case on a contingency? And, this should also make it easier for us to comply with issues under 
the Bar's rules governing aggregate settlements with multiple clients. If the case is that strong, this may be the best 
solution to avoid any conflict of issue and/or independence arguments that could be raised by defendants while litigating 
the case. 
Thanks, 
Bert 
From: 
. (USAFLS) ( 
Sent: Wednesday September 26, 2007 12:47 PM 
To: 
Subject: Contact Information for the agents 
Ili Bert - As per m voicemail here is the contact info for the agents in the case. 'their names arc Jason 
and 
EIMM 
(pronounced like Kirkendall and she is female). Both are Special Agents 
with the FBI and can be reached at  
They will be sending you the list of all the girls with their contact info in the next few clays (probably by 
Monday). Mr. Epstein and his attorneys are barred from learning their names until afler he enters his guilty plea 
on October 29th, so you will have a month to talk to them before you have to deal with defense counsel. As I 
mentioned in my voicemail, if you have a retainer agreement covering a situation where a client's 
representation is paid for by someone else, I would appreciate if you could send it to me. I will get Mr. lipstcir, 
or his lawyers to sign it so you know you will be paid. I laving worked at a big firm I know that this is a 
Case No. 013-807J6-CV-MARRA 
000574 
EFTA00184817

Case 9:08-cv-80736-KAM Document 362-2 Entered on FLSD Docket 02/10/2016 Page 3 of 3 
difficult request but, because of the sensitive nature of the ease, and the high profile nature of the defendant and 
his lawyers, I would appreciate it if you could select one very hard-nosed associate to stay with the case. 
('hank you. 
.4. arMilillafafta 
Assistant IJ.S. Ammo 
Mail Gate made the following annotations on Thu Sep 27 2007 09:23:52 
CONFIDENTIALITY NOTICE: This e-mail message including attachments, if any, is intended for the person 
or entity to which it is addressed and may contain confidential and/or privileged material. Any unauthorized 
review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the 
sender by reply e-mail and destroy all copies of the original message. Thank you. 
Case No. 08-807k-CV-MARRA 
000575 
EFTA00184818

Case 9:08-cv-80736-KAM Document 362-3 Entered on FLSD Docket 02/10/2016 Page 1 of 2 
EXHIBIT 
73 
EFTA00184819

Case 9:08-cv-80736-KAM Document 362-3 Entered on FLSD Docket 02/10/2016 Page 2 of 2 
. (USAFLS) 
From: 
Sent: 
To: 
Subject: 
Jay Lefkowltz IJLefkowitz©kirIchand.com] 
Thursday. September 27, 2007 2:53 PM 
 
 (USAFLS) 
Re: Conference Call with Bert Ocariz 
- I will not be able to get back to you until tomorrow. However, some of the questions he raised cause me some serious 
COMM. 
I. Can we get a copy of the indichmot (or can you tell me the nature of the crimes against the girls)? 
Certainly he should not get a copy of any indictment. 
2. When will it be possible to see the plea agreement so that we understand exactly what Epstein concedes to in the civil case? 
don't think he should get the pica agreement either. 
3. Is there any cap or other limitation on attorney's fees that the defendant will pay in the civil case? 
I can't imagine he would 1w entitled to anything other than an hourly fee. 
4. What is the contemplated procedure for, and timing of. the payment of attorney's fees and costs? 
In any event, I need to consider these issues carefully and I cannot agree to any of these issues before we speak. I would suggest we 
plan on talking tomorrow al 12 pm if you arc available. 
Jay 
 
0ri inal Message  
From: • 
(USAFIS)" 
Sent: 09/27/2007 10:51 AM AST 
To: lay Lelkuwitz 
Subject: Conference Call with Bed Denny 
Hi Jay - Bert's firm has raised a number of good questions about how they are going to get paid and setting up 
a procedure that avoids any conflict of interest with their clients. Are you around today to do a conference 
call? Let me know what times work for you because Bert wants to get their conflicts counsel on the call with 
us. 
These are some of the questions he sent to me. I told Bert that as part of our agreement we (the federal 
government) arc not going to indict Mr. Epstein, but gave him an idea of the charges that we had planned to 
bring as related to 18 USC 2255. With respect to question 2, do I have your permission to send Bert just that 
section of the plea agreement that applies to the damages claims (I would recommend sending paragraphs 7 
through 10, or at least 7 and 8)? Can you talk with your client about items 3 and 4? I envisioned Shook Hardy 
sending regular bills to you, with any privileged information redacted, and being paid like every other client 
pays the hills. 
1. Can we get a copy of the indictment (or can you tell me the nature of the crimes against the girls)? 
08-80736-CV-MARRA 
RFP WPB 001687 
EFTA00184820

Case 9:08-cv-80736-I<AM Document 362-4 Entered on FLSD Docket 02/10/2016 Page 1 of 2 
EXHIBIT 
74 
EFTA00184821

Case 9:08-cv-80736-KAM Document 362-4 Entered on FLSD Docket 02/10/2016 Page 2 of 2 
From: 
Sent: 
To: 
Subject: 
. (USAFLS) 
. (USAFLS) 
Epstein 
I 
and Barry - Can you let me know when Mr. Epstein is going to enter his guilty plea and what judge 
that will be in front of? I know the agents and I would really like to be there. "incognito." 
Thank you. 
A.= 
Villa ails 
Assistant U.S. Attorney 
2796 
08-80736-CV-MARRA 
RFP WPB-002046 
EFTA00184822

Case 9:08-cv-80736-KAM Document 362-5 Entered on FLSD Docket 02/10/2016 Page 1 of 3 
EXHIBIT 
75 
EFTA00184823