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FBI VOL00009
EFTA00190318
446 sivua
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Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) <AVillafana@usa.doj.gov> Sent: Wednesday, November 26, 2008 2:24 PM To: Senior, Robert (USAFLS); Sloman, Jeff (USAFLS) Subject: RE: Jeffrey Epstein I don't know what he is talking about with a letter from Alex. I will have to try to find that letter. The citations to the rules of the P135O are all correct. Our position is not that he is legally ineligible to participate, it is that he is contractually ineligible to participate by virtue of our agreement. The agreement says that he is entitled to "good time" like other prisoners, but I specifically rejected any language broader than that. My e-mail explained to the Colonel that I didn't think he was statutorily eligible for participation but that decision was one within PBSO's discretion. A. Marie Villafa0a 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: Senior, Robert (USAFLS) Sent: Wednesday, November 26, 2008 2:10 PM To: Villafana, Ann Marie C. (USAFLS); Sloman, Jeff (USAFLS) Subject: RE: Jeffrey Epstein Meeting next Thursday. Does anything Roy say hold water 7 Original Message From: Villafana, Ann Marie C. (USAFLS) Sent: Wednesday, November 26, 2008 12:18 PM To: Senior, Robert (USAFLS); Sloman, Jeff (USAFLS) Subject: FW: Jeffrey Epstein Hi guys -- Happy Thanksgiving! Let me know how you would like me to proceed. 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: Roy BLACK [mailto:RBLACK@royblack.com] Sent: Wednesday, November 26, 2008 11:56 AM To: Villafana, Ann Marie C. (USAFLS) Cc: Atkinson, Karen (USAFLS) Subject: Re: Jeffrey Epstein 579 EFTA00190738
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Marie since receipt of your letter I have looked into the situation and the following is what is happening: Mr. Epstein has not breached the Non-Prosecution Agreement (the "Agreement") by serving a portion of his IS-month sentence of imprisonment in the Palm Beach County Work Release Program. I. He is currently serving his sentence in the Palm Beach County Work Release Program, not in the State-Regulated Community Control Program. Thus he is not on community control. o The County Jail sentence he is presently serving is being served under the auspices of the Palm Beach County Sheriff's Office. o The Palm Beach County Sheriff's Office has a policy of allowing work release under certain criteria for those sentenced to the Palm Beach County Detention Center or Stockade. It has already been determined that Mr. Epstein qualifies under the Palm Beach County Sheriff's Office policy for work release. The Florida statute authorizing work release for someone imprisoned in county jail is at 951.24 (2Xa). o The statute provides that when punishment by imprisonment in the county jail is prescribed, the sentencing court, in its discretion, may at any time during the sentence consider granting the privilege to the prisoner to leave the confines of the jail or county facility during necessary and reasonable hours, subject to the rules and regulations prescribed by the court, to work at paid employment or to conduct his or her own business or profession. See Fla. Stat. § 951.24(2)(a). o In Palm Beach County, the Sheriff's Office has discretion over work release. The local rules state that placement into House Arrest and Work Release "is at the discretion of the Sheriff and the presiding Judge" and offer no defined scope of the type of offenders that are eligible—or that arc barred—from serving their time in Work Release." See Palm Beach County Department of Corrections Inmate Rule G-16. 2. The Non Prosecution Agreement does not prohibit work release. o The Agreement does not regulate what programs Mr. Epstein can participate in while he is serving the County Jail sentence. 3. The Agreement expressly provides that he is to be afforded the same benefits that any other inmate might receive. See 1 12 of the Agreement. 5. Under Florida Law, work release is considered part of the confinement. See Rule 33-601.602, Ha. Admin. 580 EFTA00190739
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Code. (work release "allows inmates to work at paid employment in the community while continuing as inmates of the facility where they are confined.").So he is an inmate. 6. Alex Acosta recognized that Mr. Epstein might serve a portion of his sentence through the Work Release Program. o. On December 6, 2007, after the Agreement had been executed, counsel received a draft notification letter in which US Attorney Acosta expresses this intention. The draft document provides that the recipient is "entitled to notification when Mr. Epstein is released from imprisonment at the end of his prison term and/or if he is allowed to participate in a work release program." See December 6, 2007 letter to J. Lefkowitz from A. Acosta attaching draft notification letter, p. 8. 7. I am told that on July 3, 2008, you wrote an email to the Deputy Sherriff stating that the US Attorney's Office had no objection to work release as long as Epstein is treated as any similarly situated inmate. If anything he is being treated more harshly than any other inmate in the program. He can't leave the office. He has a guard and is wearing a CPS device. So his terms are not more lenientbut rather more restrictive than any other inmate in the program. Clearly we do not feel this is a violation of the agreement and we have no intent to violate it. We will meet with you and anyone in the executive office to resolve this matter. Certainly it would be best for us to meet and discuss. >>> "Villafana, Ann Marie C. (USAFLS)" <Ann.Marie.C.Villafana@usdoj.gov> 11124/08 12:28 PM >» Dear Roy: Please review A. Marie Villafatia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Sal EFTA00190740
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Villafana, Ann Marie C. (USAFLS) From: Sloman, Jeff (USAFLS) <1Sloman@usa.doj.gov> Sent: Wednesday, November 26, 2008 2:27 PM To: Villafana, Ann Marie C. (USAFLS); Senior, Robert (USAFLS) Subject: RE: Jeffrey Epstein Perhaps a conference call is in order on Wednesday before the Thursday meeting. If that's o.k. How's 10:30 am on Wednesday? Have a great Thanksgiving. Original Message From: Villafana, Ann Marie C. (USAFLS) Sent: Wednesday, November 26, 2008 2:24 PM To: Senior, Robert (USAFLS); Sloman, Jeff (USAFLS) Subject: RE: Jeffrey Epstein I don't know what he is talking about with a letter from Alex. I will have to try to find that letter. The citations to the rules of the PBSO are all correct. Our position is not that he is legally ineligible to participate, it is that he is contractually ineligible to participate by virtue of our agreement. The agreement says that he is entitled to "good time" like other prisoners, but I specifically rejected any language broader than that. My e-mail explained to the Colonel that I didn't think he was statutorily eligible for participation but that decision was one within PBSO's discretion. 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: Senior, Robert (USAFLS) Sent: Wednesday, November 26, 2008 2:10 PM To: Villafana, Ann Marie C. (USAFLS); Sloman, Jeff (USAFLS) Subject: RE: Jeffrey Epstein Meeting next Thursday. Does anything Roy say hold water? Original Message From: Villafana, Ann Marie C. (USAFLS) Sent: Wednesday, November 26, 2008 12:18 PM To: Senior, Robert (USAFLS); Slontan, Jeff (USAFLS) Subject: FW: Jeffrey Epstein Hi guys -- Happy Thanksgiving! Let me know how you would like me to proceed. A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 582 EFTA00190741
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Phone 561 209-1047 Fax 561 820-8777 ----Original Message---- From: Roy BLACK [mailto:RBLACK©royblack.com] Sent: Wednesday, November 26, 2008 11:56 AM To: Villafana, Ann Marie C. (USAFLS) Cc: Atkinson, Karen (USAFLS) Subject: Re: Jeffrey Epstein Marie since receipt of your letter I have looked into the situation and the following is what is happening: Mr. Epstein has not breached the Non-Prosecution Agreement (the "Agreement") by serving a portion of his I8-month sentence of imprisonment in the Palm Beach County Work Release Program. I. He is currently serving his sentence in the Palm Beach County Work Release Program, not in the State-Regulated Community Control Program. Thus he is not on community control. o The County Jail sentence he is presently serving is being served under the auspices of the Palm Beach County Sheriff's Office. o The Palm Beach County Sheriff's Office has a policy of allowing work release under certain criteria for those sentenced to the Palm Beach County Detention Center or Stockade. It has already been determined that Mr. Epstein qualifies under the Palm Beach County Sheriff's Office policy for work release. The Florida statute authorizing work release for someone imprisoned in county jail is at 951.24 (2Xa). o The statute provides that when punishment by imprisonment in the county jail is prescribed, the sentencing court, in its discretion, may at any time during the sentence consider granting the privilege to the prisoner to leave the confines of the jail or county facility during necessary and reasonable hours, subject to the rules and regulations prescribed by the court, to work at paid employment or to conduct his or her own business or profession. See Fla. Stat. § 951.24(2Xa). o In Palm Beach County, the Sheriff's Office has discretion over work release. The local rules state that placement into House Arrest and Work Release "is at the discretion of the Sheriff and the presiding Judge" and offer no defined scope of the type of offenders that are eligible—or that are barred—from serving their time in Work Release." See Palm Beach County Department of Corrections Inmate Rule G-I6. 2. The Non Prosecution Agreement does not prohibit work release. S83 EFTA00190742
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o The Agreement does not regulate what programs Mr. Epstein can participate in while he is serving the County Jail sentence. 3. The Agreement expressly provides that he is to be afforded the same benefits that any other inmate might receive. See 1 12 of the Agreement. 5. Under Florida Law, work release is considered part of the confinement. See Rule 33-601.602, Fla. Admin. Code. (work release "allows inmates to work at paid employment in the community while continuing as inmates of the facility where they are confined.").So he is an inmate. 6. Alex Acosta recognized that Mr. Epstein might serve a portion of his sentence through the Work Release Program. o. On December 6, 2007, after the Agreement had been executed, counsel received a draft notification letter in which US Attorney Acosta expresses this intention. The draft document provides that the recipient is "entitled to notification when Mr. Epstein is released from imprisonment at the end of his prison term and/or if he is allowed to participate in a work release program." See December 6, 2007 letter to J. Lefkowitz from A. Acosta attaching draft notification letter, p. 8. 7. I am told that on July 3, 2008, you wrote an email to the Deputy Sherriff stating that the US Attorney's Office had no objection to work release as long as Epstein is treated as any similarly situated inmate. If anything he is being treated more harshly than any other inmate in the program. He can't leave the office. He has a guard and is wearing a GPS device. So his terms are not more lenientbut rather more restrictive than any other inmate in the program. Clearly we do not feel this is a violation of the agreement and we have no intent to violate it. We will meet with you and anyone in the executive office to resolve this matter. Certainly it would be best for us to meet and discuss. >>> "Villafana, Ann Marie C. (USAFLS)" <Ann.Marie.C.Villafana@usdoj.gov> 11/24/O 12:28 PM >>> Dear Roy: Please review A. Marie Villafa0a Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 sae EFTA00190743
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Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) <AVillafana@usa.doj.gov> Sent: Wednesday, November 26, 2008 2:28 PM To: Sloman, Jeff (USAFLS); Senior, Robert (USAFLS) Subject: RE: Jeffrey Epstein Perfect. I'll send an e-mail around before then, too. A. Marie Villafa0a 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: Stamm', Jeff (USAFLS) Sent: Wednesday, November 26, 2008 2:27 PM To: Villafana, Ann Marie C. (USAFLS); Senior, Robert (USAFLS) Subject: RE: Jeffrey Epstein Perhaps a conference call is in order on Wednesday before the Thursday meeting. If that's o.k. How's 10:30 am on Wednesday? Have a great Thanksgiving. Original Message From: Villafana, Ann Marie C. (USAFLS) Sent: Wednesday, November 26, 2008 2:24 PM To: Senior, Robert (USAFLS); Sloman, Jeff (USAFLS) Subject: RE: Jeffrey Epstein I don't know what he is talking about with a letter from Alex. I will have to try to find that letter. The citations to the rules of the PBSO are all correct. Our position is not that he is legally ineligible to participate, it is that he is contractually ineligible to participate by virtue of our agreement. The agreement says that he is entitled to "good time" like other prisoners, but I specifically rejected any language broader than that. My e-mail explained to the Colonel that I didn't think he was statutorily eligible for participation but that decision was one within PBSO's discretion. A. Marie Villafa0a 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: Senior, Robert (USAFLS) Sent: Wednesday, November 26, 2008 2:10 PM 585 EFTA00190744
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To: Villafana, Ann Marie C. (USAFLS); Sloman, Jeff(USAFLS) Subject: RE: Jeffrey Epstein Meeting next Thursday. Does anything Roy say hold water 7 --Original Message----- From: Villafana, Ann Marie C. (USAFLS) Sent: Wednesday, November 26, 2008 12:18 PM To: Senior, Robert (USAFLS); Sloman, Jeff (USAFLS) Subject: FW: Jeffrey Epstein Hi guys -- Happy Thanksgiving! Let me know how you would like me to proceed. A. Marie Villafalia 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: Roy BLACK [mailto:RBLACKerovblack.coml Sent: Wednesday, November 26, 2008 11:56 AM To: Villafana, Ann Marie C. (USAFLS) Cc: Atkinson, Karen (USAFLS) Subject: Re: Jeffrey Epstein Marie since receipt of your letter I have looked into the situation and the following is what is happening: Mr. Epstein has not breached the Non-Prosecution Agreement (the "Agreement") by serving a portion of his 18-month sentence of imprisonment in the Palm Beach County Work Release Program. I. He is currently serving his sentence in the Palm Beach County Work Release Program, not in the State-Regulated Community Control Program. Thus he is not on community control. o The County Jail sentence he is presently serving is being served under the auspices of the Palm Beach County Sheriff's Office. o The Palm Beach County Sheriff's Office has a policy of allowing work release under certain criteria for those sentenced to the Palm Beach County Detention Center or Stockade. It has already been detennined that Mr. Epstein qualifies under the Palm Beach County Sheriff's Office policy for work release. The Florida statute authorizing work release for someone imprisoned in county jail is at 951.24 (2Xa). o The statute provides that when punishment by imprisonment in the county jail is prescribed, the sentencing court, in its discretion, may at any time during the sentence consider granting the privilege to the prisoner to leave the confines of the jail or county facility during necessary and reasonable hours, 586 EFTA00190745
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subject to the rules and regulations prescribed by the court, to work at paid employment or to conduct his or her own business or profession. See Fla. Stat. § 95 I.24(2)(a). o In Palm Beach County, the Sheriff's Office has discretion over work release. The local rules state that placement into House Arrest and Work Release "is at the discretion of the Sheriff and the presiding Judge" and offer no defined scope of the type of offenders that are eligible—or that are barred—from serving their time in Work Release." See Palm Beach County Department of Corrections Inmate Rule O-16. 2. The Non Prosecution Agreement does not prohibit work release. o The Agreement does not regulate what programs Mr. Epstein can participate in while he is serving the County Jail sentence. 3. The Agreement expressly provides that he is to be afforded the same benefits that any other inmate might receive. See 9 12 of the Agreement. 5. Under Florida Law, work release is considered part of the confinement. See Rule 33-601.602, Fla. Admin. Code. (work release "allows inmates to work at paid employment in the community while continuing as inmates of the facility where they are confined.").So he is an inmate. 6. Alex Acosta recognized that Mr. Epstein might serve a portion of his sentence through the Work Release Program. o. On December 6, 2007, after the Agreement had been executed, counsel received a draft notification letter in which US Attorney Acosta expresses this intention. The draft document provides that the recipient is "entitled to notification when Mr. Epstein is released from imprisonment at the end of his prison tenn and/or if he is allowed to participate in a work release program." See December 6, 2007 letter to J. Letkowitz from A. Acosta attaching draft notification letter, p. 8. 7. I am told that on July 3, 2008, you wrote an email to the Deputy Sheriff stating that the US Attorney's Office had no objection to work release as long as Epstein is treated as any similarly situated inmate. If anything he is being treated more harshly than any other inmate in the program. He can't leave the office. He has a guard and is wearing a GPS device. So his terms are not more lenientbut rather more restrictive than any other inmate in the program. Clearly we do not feel this is a violation of the agreement and we have no intent to violate it. We will meet with you and anyone in the 587 EFTA00190746
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executive office to resolve this matter. Certainly it would be best for us to meet and discuss. >>> "Villafana, Ann Marie C. (USAFLS)" <Ann.Marie.C.Villafana@usdoj.gov> I 1/24/08 12:28 PM >>> Dear Roy: Please review 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 588 EFTA00190747
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Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) <AVillafana@usa.doj.gov> Sent: Wednesday, November 26, 2008 2:28 PM To: Senior, Robert (USAFLS); Sloman, Jeff (USAFLS) Subject: RE: Jeffrey Epstein That is the e-mail to the Colonel that I describe at the bottom. A. Marie Villafa0a 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: Senior, Robert (USAFLS) Sent: Wednesday, November 26, 2008 2:27 PM To: Villafana, Ann Marie C. (USAFLS); Sloman, Jeff (USAFL$) Subject: RE: Jeffrey Epstein Ok. What about the July 3 email he says that you wrote ? Original Message From: Villafana, Ann Marie C. (USAFLS) Sent: Wednesday, November 26, 2008 2:24 PM To: Senior, Robert (USAFLS); Sloman, Jeff (USAFI.S) Subject: RE: Jeffrey Epstein I don't know what he is talking about with a letter from Alex. I will have to try to find that letter. The citations to the rules of the PBSO are all correct. Our position is not that he is legally ineligible to participate, it is that he is contractually ineligible to participate by virtue of our agreement. The agreement says that he is entitled to "good time" like other prisoners, but I specifically rejected any language broader than that. My e-mail explained to the Colonel that I didn't think he was statutorily eligible for participation but that decision was one within PBSO's discretion. A. Marie Villafa0a 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: Senior, Robert (USAFLS) Sent: Wednesday, November 26, 2008 2:10 PM 589 EFTA00190748
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To: Villafana, Ann Marie C. (USAFLS); Sloman, Jeff (USAFLS) Subject: RE: Jeffrey Epstein Meeting next Thursday. Does anything Roy say hold water? ----Original Message---- From: Villafana, Ann Marie C. (USAFLS) Sent: Wednesday, November 26, 2008 12:18 PM To: Senior, Robert (USAFLS); Sloman, Jeff (USAFLS) Subject: FW: Jeffrey Epstein Hi guys -- Happy Thanksgiving! Let me know how you would like me to proceed. 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 ----Original Message---- From: Roy BLACK [mailto:RBLACK@royblack.com] Sent: Wednesday, November 26, 2008 11:56 AM To: Villafana, Ann Marie C. (USAFLS) Cc: Atkinson, Karen (USAFLS) Subject: Re: Jeffrey Epstein Marie since receipt of your letter I have looked into the situation and the following is what is happening: Mr. Epstein has not breached the Non-Prosecution Agreement (the "Agreement") by serving a portion of his 18-month sentence of imprisonment in the Palm Beach County Work Release Program. I. He is currently serving his sentence in the Palm Beach County Work Release Program, not in the State-Regulated Community Control Program. Thus he is not on community control. o The County Jail sentence he is presently serving is being served under the auspices of the Palm Beach County Sheriff's Office. o The Palm Beach County Sheriff's Office has a policy of allowing work release under certain criteria for those sentenced to the Palm Beach County Detention Center or Stockade. It has already been determined that Mr. Epstein qualifies under the Palm Beach County Sheriff's Office policy for work release. The Florida statute authorizing work release for someone imprisoned in county jail is at 951.24 (2Ka). o The statute provides that when punishment by imprisonment in the county jail is prescribed, the sentencing court, in its discretion, may at any time during the sentence consider granting the privilege to the prisoner to leave the confines of the jail or county facility during necessary and reasonable hours, 590 EFTA00190749
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subject to the rules and regulations prescribed by the court, to work at paid employment or to conduct his or her own business or profession. See Fla. Stat. § 951.24(2Xa). o In Palm Beach County, the Sheriff's Office has discretion over work release. The local rules state that placement into House Arrest and Work Release "is at the discretion of the Sheriff and the presiding Judge" and offer no defined scope of the type of offenders that are eligible—or that are barred—front serving their time in Work Release." See Palm Beach County Department of Corrections Inmate Rule G-I6. 2. The Non Prosecution Agreement does not prohibit work release. o The Agreement does not regulate what programs Mr. Epstein can participate in while he is serving the County Jail sentence. 3. The Agreement expressly provides that he is to be afforded the same benefits that any other inmate might receive. See 112 of the Agreement. 5. Under Florida Law, work release is considered part of the confinement. See Rule 33-601.602, Fla. Admin. Code. (work release "allows inmates to work at paid employment in the community while continuing as inmates of the facility where they are confined.").So he is an inmate. 6. Alex Acosta recognized that Mr. Epstein might serve a portion of his sentence through the Work Release Program. o. On December 6, 2007, after the Agreement had been executed, counsel received a draft notification letter in which US Attorney Acosta expresses this intention. The draft document provides that the recipient is "entitled to notification when Mr. Epstein is released from imprisonment at the end of his prison term and/or if he is allowed to participate in a work release program." See December 6, 2007 letter to J. Lefkowitz from A. Acosta attaching draft notification letter, p. 8. 7. I am told that on July 3,2008, you wrote an email to the Deputy Sherriff stating that the US Attorney's Office had no objection to work release as long as Epstein is treated as any similarly situated inmate. If anything he is being treated more harshly than any other inmate in the program. He can't leave the office. He has a guard and is wearing a GPS device. So his tenns are not more lenientbut rather more restrictive than any other inmate in the program. Clearly we do not feel this is a violation of the agreement and we have no intent to violate it. We will meet with you and anyone in the 591 EFTA00190750
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executive office to resolve this matter. Certainly it would be best for us to meet and discuss. >>> "Villafana, Ann Marie C. (USAFLS)" <Ann.Marie.C.Villafana@usdoj.gov> 11/24/08 12:28 PM >>> Dear Roy: Please review A. Marie Villafafla Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 Wcst Palm Reach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 592 EFTA00190751
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Villafana, Ann Marie C. (USAFLS) From: Senior, Robert (USAFLS) <RSenior@usa.doj.gov> Sent: Wednesday, November 26, 2008 2:30 PM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Jeffrey Epstein It's about time for me to simply say, "have a great Thanksgiving." We'll hammer this out next week. Thx. Bob Original Message From: Villafana, Ann Marie C. (USAFLS) Sent: Wednesday, November 26, 2008 2:28 PM To: Senior, Robert (USAFLS); Sloman, Jeff (USAFLS) Subject: RE: Jeffrey Epstein That is the e-mail to the Colonel that I describe at the bottom. 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 Original Message From: Senior, Robert (USAFLS) Sent: Wednesday, November 26, 2008 2:27 PM To: Villafana, Ann Marie C. (USAFLS); Sloman, Jeff (USAFLS) Subject: RE: Jeffrey Epstein Ok. What about the July 3 email lie says that you wrote ? Original Message From: Villafana, Ann Marie C. (USAFLS) Sent: Wednesday, November 26, 2008 2:24 PM To: Senior, Robert (USAFLS); Sloman, Jeff (USAFLS) Subject: RE: Jeffrey Epstein I don't know what he is talking about with a letter from Alex. I will have to try to find that letter. The citations to the rules of the PBSO are all correct. Our position is not that he is legally ineligible to participate, it is that he is contractually ineligible to participate by virtue of our agreement. The agreement says that he is entitled to "good time" like other prisoners, but I specifically rejected any language broader than that. My e-mail explained to the Colonel that I didn't think he was statutorily eligible for participation but that decision was one within PBSO's discretion. 593 EFTA00190752
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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 ----Original Message-- From: Senior, Robert (USAFLS) Sent: Wednesday, November 26, 2008 2:10 PM To: Villafana, Ann Marie C. (USAFLS); Sloman, Jeff (USAFLS) Subject: RE: Jeffrey Epstein Meeting next Thursday. Does anything Roy say hold water? ----Original Message----- From: Villafana, Ann Marie C. (USAFLS) Sent: Wednesday, November 26, 2008 12:18 PM To: Senior, Robert (USAFLS); Sloman, Jeff(USAFLS) Subject: FW: Jeffrey Epstein Hi guys -- Happy Thanksgiving! Let me know how you would like me to proceed. A. Marie Villafalb 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: Roy BLACK fmailto:RBLACKerovblack.corol Sent: Wednesday, November 26, 2008 11:56 AM To: Villafana, Ann Marie C. (USAFLS) Cc: Atkinson, Karen (USAFLS) Subject: Re: Jeffrey Epstein Marie since receipt of your letter I have looked into the situation and the following is what is happening: Mr. Epstein has not breached the Non-Prosecution Agreement (the "Agreement") by serving a portion of his 18-month sentence of imprisonment in the Palm Beach County Work Release Program. 1. He is currently serving his sentence in the Palm Beach County Work Release Program, not in the State-Regulated Community Control Program. Thus he is not on community control. o The County Jail sentence he is presently serving is being served under the auspices of the Palm Beach County Sheriff's Office. o The Palm Beach County Sheriff's Office has a policy of allowing work release under certain criteria for 594 EFTA00190753
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those sentenced to the Palm Beach County Detention Center or Stockade. It has already been determined that Mr. Epstein qualifies under the Palm Beach County Sheriff's Office policy for work release. The Florida statute authorizing work release for someone imprisoned in county jail is at 951.24 (2Xa). o The statute provides that when punishment by imprisonment in the county jail is prescribed, the sentencing court, in its discretion, may at any time during the sentence consider granting the privilege to the prisoner to leave the confines of the jail or county facility during necessary and reasonable hours, subject to the rules and regulations prescribed by the court, to work at paid employment or to conduct his or her own business or profession. See Fla. Stat. 951.24(2Xa). o In Palm Beach County, the Sheriff's Office has discretion over work release. The local rules state that placement into House Arrest and Work Release "is at the discretion of the Sheriff and the presiding Judge" and offer no defined scope of the type of offenders that are eligible—or that are barred—from serving their time in Work Release." See Palm Beach County Department of Corrections Inmate Rule G-16. 2. The Non Prosecution Agreement does not prohibit work release. o The Agreement does not regulate what programs Mr. Epstein can participate in while he is serving the County Jail sentence. 3. The Agreement expressly provides that he is to be afforded the same benefits that any other inmate might receive. See l 12 of the Agreement. 5. Under Florida Law, work release is considered part of the confinement. See Rule 33-601.602, Fla. Admin. Code. (work release "allows inmates to work at paid employment in the community while continuing as inmates of the facility where they are confined.").So he is an inmate. 6. Alex Acosta recognized that Mr. Epstein might serve a portion of his sentence through the Work Release Program. o. On December 6, 2007, after the Agreement had been executed, counsel received a draft notification letter in which US Attorney Acosta expresses this intention. The draft document provides that the recipient is "entitled to notification when Mr. Epstein is released from imprisonment at the end of his prison term and/or if he is allowed to participate in a work release program." See December 6, 2007 letter to J. Lefkowitz from A. Acosta attaching draft notification letter, p. 8. 595 EFTA00190754
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7. I ant told that on July 3, 2008, you wrote an email to the Deputy Sherriff stating that the US Attorney's Office had no objection to work release as long as Epstein is treated as any similarly situated inmate. If anything he is being treated more harshly than any other inmate in the program. He can't leave the office. He has a guard and is wearing a GPS device. So his terms are not more lenientbut rather more restrictive than any other inmate in the program. Clearly we do not feel this is a violation of the agreement and we have no intent to violate it. We will meet with you and anyone in the executive office to resolve this matter. Certainly it would be best for us to meet and discuss. >>> "Villafana, Ann Marie C. (USAFLS)" <Ann.Marie.C.Villafana®usdoj.gov> 11/24/08 12:28 PM >» Dear Roy: Please review A. Marie Villafa0a Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 596 EFTA00190755
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Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) <AVillafana@usa.doj.gov> Sent: Wednesday, November 26, 2008 2:46 PM To: Senior, Robert (USAFLS) Subject: RE: Jeffrey Epstein Have a great one. I'll talk to you soon. 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 ---Original Message-- From: Senior, Robed (USAFLS) Sent: Wednesday, November 26, 2008 2:30 PM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Jeffrey Epstein It's about time for me to simply say, "have a great Thanksgiving." We'll hammer this out next week. Thx. Bob --Original Message--- From: Villafana, Ann Marie C. (USAFLS) Sent: Wednesday, November 26, 2008 2:28 PM To: Senior, Robert (USAFLS); Sloman, Jeff (USAFLS) Subject: RE: Jeffrey Epstein That is the e-mail to the Colonel that I describe at the bottom. 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: Senior, Robert (USAFLS) Sent: Wednesday, November 26, 2008 2:27 PM To: Villafana, Ann Marie C. (USAFLS); Sloman, Jeff (USAFLS) Subject: RE: Jeffrey Epstein Ok. What about the July 3 email he says that you wrote ? 597 EFTA00190756
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---Original Message---- From: Villafana, Ann Marie C. (USAFLS) Sent: Wednesday, November 26, 2008 2:24 PM To: Senior, Robed (USAFLS); Sloman, Jeff (USAFLS) Subject: RE: Jeffrey Epstein I don't know what he is talking about with a letter from Alex. I will have to try to find that letter. The citations to the rules of the PBSO are all correct. Our position is not that he is legally ineligible to participate, it is that he is contractually ineligible to participate by virtue of our agreement. The agreement says that he is entitled to "good time" like other prisoners, but I specifically rejected any language broader than that. My e-mail explained to the Colonel that I didn't think he was statutorily eligible for participation but that decision was one within PBSO's discretion. A. Marie Villafatia 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: Senior, Robert (USAFLS) Sent: Wednesday, November 26, 2008 2:10 PM To: Villafana, Ann Marie C. (USAFLS); Sloman, Jeff (USAFLS) Subject: RE: Jeffrey Epstein Meeting next Thursday. Does anything Roy say hold water ? —Original Message---- From: Villafana, Ann Marie C. (USAFLS) Sent: Wednesday, November 26, 2008 12:18 PM To: Senior, Robert (USAFLS); Sloman, Jeff (USAFLS) Subject: FW: Jeffrey Epstein Hi guys -- Happy Thanksgiving! Let me know how you would like me to proceed. A. Marie Villafaita 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: Roy BLACK imailto:RBLACK(arovblack.com) Sent: Wednesday, November 26, 2008 11:56 AM To: Villafana, Ann Marie C. (USAFLS) Cc: Atkinson, Karen (USAFLS) Subject: Re: Jeffrey Epstein Marie since receipt of your letter I have looked into the situation and the following is what is happening: 598 EFTA00190757