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FBI VOL00009

EFTA00193954

651 sivua
Sivut 401–420 / 651
Sivu 401 / 651
From: Sloman, Jeff (USAFLS) 
Sent: Thursday, September 06, 2007 5:35 PM 
To: VIParana, Ann Marie C. (USAFLS) 
Subject: Epstein 
Please refresh my recollection. What is the "deal" on the table? 
Tracking: 
662 
EFTA00194354
Sivu 402 / 651
Villafana, Ann Marie C. (USAFLS) 
From: 
Villatana, Ann Marie C. (USAFLS) 
Sent: 
Tuesday, July 08, 2008 12:15 PM 
To: 
Lee, Dexter (USAFLS) 
Subject: 
FW: Epstein 
Dexter — Please see below. 
A. Marie ViIlafaiia 
Assistant U.S. Attorney 
500 S. Australian Ave, Suite 400 
West Palm Beach, FL 33401 
Phone 561 209-1047 
Fax 561 820-8777 
From: Vlllafana, Mn Marie C. (USAFLS) 
Sent: Thursday, September 06, 2007 5:47 PM 
To: Sloman, Jeff (USAFLS) 
Subject: RE: Epstein 
Ili Jeff— Funny you should ask. I have been wondering the same thing. Here is the term sheet and guidelines calculation 
that we provided at the last meeting. You and Matt and I had also discussed a possible federal plea to an Information 
charging a 371 conspiracy, with a Rule 11 plea with a two-year cap, but I think Matt must have asked Alex about it and it 
was nixed. Just to be prepared for tomorrow, I was just starting to draft a Rule II plea agreement in case Alex changes 
his mind and a formal non-prosecution agreement containing the state plea terms. As soon as those are ready, I will e-
mail them to you. 
Genf Plea 
gotiations final.% 
There are three concerns that I hope we can address tomorrow. First, that there is an absolute drop-dead date for 
accepting or rejecting because it is strategically important that we indict before the end of September, which means 
presenting the indictment on September 256. Second, the agents and I have not reached out to the victims to get their 
approval, which as Drew politely reminded me, is required under the law. And third, I do not want to make any promises 
about allowing Epstein to self-surrender because I still believe that we have a good chance of getting him detained. 
On another note, Junior got a call today from the Palm Beach Police Chief because he got information that there will be an 
article released tomorrow about our meeting and that Epstein is going to plead to a state charge and the Chief wanted to 
know if the victims had been consulted about the deal. There has been some coverage in the New York press about Ken 
Starr, but I haven't seen anything local yet. 
A. Marie Villafaiia 
Assistant U.S. Attorney 
561 209-1047 
661 
EFTA00194355
Sivu 403 / 651
Recipient 
Lee, Dexter (USAFLS) 
Read 
Reed: 7/8/2008 12:20 PM 
660 
EFTA00194356
Sivu 404 / 651
Did we consider these, or any other factors, in deciding not to advise the victims of the plea negotiations, which 
appeared to have commenced in mid-2007? Thanks. 
Dexter 
Tracking: 
659 
EFTA00194357
Sivu 405 / 651
Villafana, Ann Marie C. (USAFLS) 
From: 
Villafana, Ann Marie C. (USAFLS) 
Sent: 
Tuesday, July 08, 2008 12:17 PM 
To: 
Lee, Dexter (USAFLS) 
Subject: 
RE: Factors in Not Disclosing Plea Agreement Terms 
Hi Dexter — I will forward to you an e-mail that I sent to Jeff and Alex about victim notification during the 
negotiations. The terms of the agreement were proposed by Matt Menchel, and I worked on drafting an 
agreement in accordance with those terms. 
think the Office's position is that the number of victims, timing, and the confidentiality provisions included in 
the agreement made victim notification impossible. I would add that, after seeing how the defense twisted the 
disclosure of the terms to the first few victims, premature notification of them would have compromised their 
trial testimony. 
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 
From: Lee, Dexter (USAFLS) 
Sent: Tuesday, July 08, 2008 12:09 PM 
To: Villafana, Ann Marie C. (USAFLS) 
Subject: Factors in Not Disclosing Plea Agreement Terms 
Marie, 
The Attorney General's Guidelines lists several factors in determining whether to notify a victim of a proposed plea 
agreement: 
(3) Proposed Plea Agreements. Responsible officials should make reasonable efforts to notify identified victims of, and 
consider victims' views about, prospective plea negotiations. In determining what is reasonable, the responsible official 
should consider factors relevant to the wisdom and practicality of giving notice and considering views in the context of 
the particular case, including, but not limited to, the following factors: 
(a) The impact on public safety and risks to personal safety. 
(b) The number of victims. 
(c) Whether time is of the essence in negotiating or entering a proposed plea. 
(d) Whether the proposed plea involves confidential information or conditions. 
(e) Whether there is another need for confidentiality. 
(f) Whether the victim is a possible witness in the case and the effect that relaying any information may have on the 
defendant's right to a fair trial. 
When we spoke this morning, you told me that the initial agreement with Epstein was reached in September 2007. 
An 
addendum was negotiated in October 2007. Finally, an additional portion of the agreement was signed in December 
2007. 
658 
EFTA00194358
Sivu 406 / 651
Recipient 
S$oman, Jeff (USAFLS) 
Acosta, Alex (USAFLS) 
Atkinson, Karen (USAFLS) 
Read 
Read: 71812008 12:28 PM 
Read: 7187200812:35 PM 
657 
EFTA00194359
Sivu 407 / 651
Villafana, Ann Marie C. (USAFLS) 
From: 
Villafana, Ann Marie C. (USAFLS) 
Sent: 
Tuesday, July 08, 2008 12:24 PM 
To: 
Sloman, Jeff (USAFLS); Acosta, Alex (USAFLS) 
Cc: 
Atkinson, Karen (USAFLS) 
Subject: 
Emailing: 080708 Goldberger lir re notification.wpd 
Attachments: 
080708 Goldberger ltr re notification.wpd 
Jeff, Alex, and Karen: 
I have attached my proposed notification letter to Jack Goldberger. 
Thank you. 
The message is ready to be sent with the following file or link attachments: 
080708 Goldberger ltr re notification.wpd 
Note: To protect against computer viruses, e-mail programs may prevent sending or 
receiving certain types of file attachments. Check your e-mail security settings 
to determine how attachments are handled. 
Tracking: 
656 
EFTA00194360
Sivu 408 / 651
Villafana, Ann Marie C. (USAFLS) 
From: 
Villafana, Ann Marie C. (USAFLS) 
Sent: 
Tuesday, July 08, 2008 12:51 PM 
To: 
Kuyrkendall, E N. (FBI); Richards, Jason R. (FBI) 
Subject: 
JE 
Iii guys - Sony I sound so rushed, but I am trying to deal with too many things at once. 
Here is a letter I drafted to go to Goldberger today. I am waiting for approval from the 8th Floor to send it. 
080708 
iberger ltr re not 
Can you fax to me Twiler's letters to 
Thank you. 
A. Marie Villafalfa 
Assistant U.S. Attorney 
500 S. Australian Ave, Suite 400 
West Palm Beach, FL 33401 
Phone 561 209-1047 
Fax 561 820-8777 
and Mt 
I need to attach them to my declaration. 
655 
EFTA00194361
Sivu 409 / 651
Villafana, Ann Marie C. (USAFLS) 
From: 
Richards, Jason R. (FBI) 
Sent: 
Tuesday, July 08, 2008 1:05 PM 
To: 
Villafana, Ann Marie C. (USAFLS) 
Subject: 
Re: JE 
Vic/Wit letters coming to you right now. 
 
 Original Message  
From: Villafana, Ann Marie C. (USAFLS) <Ann.Marie.C.Villafana@usdoj.gov> 
To: Kuyrkendall, E N.; Richards, Jason R. 
Sent: Tue Jul 08 12:51:15 2008 
Subject: JE 
Hi guys - Sorry I sound so rushed, but I am trying to deal with too many things 
at once. 
Here is a letter I drafted to go to Goldberger today. I am waiting for approval 
from the 8th Floor to send it. 
«080708 Goldberger ltr re notification.wpd» 
Can you fax to me Twiler's letters to 
, and St 
I need to 
attach them to my declaration. 
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 
654 
EFTA00194362
Sivu 410 / 651
Recipient 
Read 
'Jack Goldberger 
Atkinson, Karen (USAFLS) 
Read: 7/8/2008 2:13 PM 
Kurkendall, E N. (FBI) 
Richards. Jason R. (FBI) 
Sloman, Jeff (USAFLS) 
Read: 7/8/2008 2:08 PM 
Lee, Dexter (USAFLS) 
Read: 7/8/2008 2:07 PM 
653 
EFTA00194363
Sivu 411 / 651
Villafana, Ann Marie C. (USAFLS) 
From: 
Villafana, Ann Marie C. (USAFLS) 
Sent: 
Tuesday, July 08, 2008 2:06 PM 
To: 
'Jack Goldberger' 
Cc: 
Atkinson, Karen (USAFLS) 
Subject: 
Victim Notification in Epstein 
Dear Mr. Goldberger: 
Please review the attached letter. 
080708 
iberger lir re Vic 
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 
Tracking: 
652 
EFTA00194364
Sivu 412 / 651
Ms. Herd. 
Attached please find the emergency petition filed yesterday afternoon, and a draft declaration from the AUSA. Our 
response is due on Wednesday, July 9, 2008, at close of business. 
Thanks for your assistance. 
Dexter lee 
(305) 961-9320 
Villafana 
DE1_080707_Pet 
xlaration re victi 
ition.pdf 
651 
EFTA00194365
Sivu 413 / 651
Villafana, Ann Marie C. (USAFLS) 
From: 
Lee, Dexter (USAFLS) 
Sent: 
Tuesday, July 08, 2008 4:29 PM 
To: 
Villafana, Ann Marie C. (USAFLS) 
Subject: 
FW: Epstein CVRA Case 
Marie, 
Can you scan the letters and send them to me by e-mail? Thanks. 
Dexter 
From: Neal, Kristina (USAEO) 
Sent: Tuesday, July 08, 2008 4:02 PM 
To: Lee, Dexter (USAFLS) 
Cc: Herd, Kim (USAEO) 
Subject: FW: Epstein CVRA Case 
Good Afternoon. 
Kim and I are taking a look at the petition and affidavit that you sent and were wondering if it would be possible for you 
to send us a copy of the letters that were sent to the victims in this case. The AUSA refers to attached copies in her 
affidavit at #3. 
We are working on this and will respond to you ASAP. 
Thanks. 
Kris Neal 
Kristina Neal 
Attorney Advisor 
LECC/Vietim Witness Staff 
EOUSA 
(202) 305 2538 
From: Lee, Dexter (USAFLS) 
Sent: Tuesday, July 08, 2008 1:37 PM 
To: Herd, Kim (USAEO) 
Subject: Epstein CVRA Case 
650 
EFTA00194366
Sivu 414 / 651
Recipient 
Lee. Dozier (USAFLS) 
Read 
Read: 7M/2008 5:00 PM 
649 
EFTA00194367
Sivu 415 / 651
Villafana, Ann Marie C. (USAFLS) 
From: 
Villafana, Ann Marie C. (USAFLS) 
Sent: 
Tuesday, July 08, 2008 4:40 PM 
To: 
Lee, Dexter (USAFLS) 
Subject: 
FW: Victim Letters001.pdf 
Ili Dexter — I am finishing up the Declaration now. The letters are attached below. 
A. Marie Villain& 
Assistant U.S. Attorney 
500 S. Australian Ave, Suite 400 
West Palm Beach, FL 33401 
Phone 561 209-1047 
Fax 561 820-8777 
From: Ball, Shawn (USAFLS) 
Sent: Tuesday, July 08, 2008 4:38 PM 
To: Villafana, Ann Marie C. (USAFLS) 
Subject: Victim Letters001.pdf 
Victim 
Letters001.pdf 
Tracking: 
648 
EFTA00194368
Sivu 416 / 651
Villafana, Ann Marie C. (USAFLS) 
From: 
Villafana, Ann Made C. (USAFLS) 
Sent: 
Tuesday, July 08, 2008 4:58 PM 
To: 
Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS); Lee, Dexter (USAFLS) 
Cc: 
Kuyrkendall, E N. (FBI); Richards, Jason R. (FBI); Atkinson, Karen (USAFLS) 
Subject: 
Letter received from Epstein's counsel 
Hi all — I received one line from Jack Goldberger, which reads: "lam out of the office today. I will response (sic) to your 
fax of July 8, 2008 by return of fax tomorrow." 
647 
EFTA00194369
Sivu 417 / 651
Recipient 
Read 
Sioman, Jell (USAFLS) 
Read: 7/8/2008 5:28 PM 
Lee. Dexter (USAFLS) 
Read: 7/812008 5:30 PM 
Kuyrkendall, E N. (FBI) 
Richards, Jason R. (FBI) 
Atkinson, Karen (USAFLS) 
Read: 7/9/2008 9:19 AM 
646 
EFTA00194370
Sivu 418 / 651
Villafana, Ann Marie C. (USAFLS) 
From: 
Villafana, Ann Marie C. (USAFLS) 
Sent: 
Tuesday, July 08, 2008 5:24 PM 
To: 
Sloman, Jeff (USAFLS); Lee, Dexter (USAFLS) 
Cc: 
Kuyrkendall, E N. (FBI); Richards, Jason R. (FBI); Atkinson, Karen (USAFLS) 
Subject: 
Emailing: Villafana Declaration re victim notification.wpd 
Attachments: 
Villafana Declaration re victim notification.wpd 
I haven't proofed it yet, and Nesbitt and Jason need to double-check me on the 
facts, but I wanted to get it to you as soon as I could in case the Office wants 
to do major revisions. 
The air conditioning in my office is broken, so I am going to head home. I will 
have access to e-mail and the document at home, if we want to make changes 
tonight. Otherwise I will be back early tomorrow. If you do want to make 
changes, please just call me on my cell, 561 601-2301, and then I can sign on to 
the computer at home. 
Thanks. 
The message is ready to be sent with the following file or link attachments: 
Villafana Declaration re victim notification.wpd 
Note: To protect against computer viruses, e-mail programs may prevent sending or 
receiving certain types of file attachments. Check your e-mail security settings 
to determine how attachments are handled. 
Tracking: 
645 
EFTA00194371
Sivu 419 / 651
Villafana, Ann Marie C. (USAFLS) 
From: 
Lee, Dexter (USAFLS) 
Sent: 
Tuesday, July 08, 2008 5:29 PM 
To: 
Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS) 
Cc: 
Villafana, Ann Marie C. (USAFLS); Jacobus, Wendy (USAFLS) 
Subject: 
Draft Response in Jane Doe 
Alex and Jeff, 
Here is a draft response to the emergency petition filed by Jane Doe in the Epstein case. Our first argument is that Doe 
had no rights under 18 U.S.C. 3177(a)(5) since that provision does not apply where there are no "court proceedings" in 
federal court, and none were contemplated, as long as Epstein complied with the non-prosecution agreement. 
The 
second argument is that the government used its best efforts to comply, since the A/G guidelines permitted us to not 
notify victims of the proposed plea negotiations if the proposed plea involved confidential information or conditions, or 
there is another need for confidentiality. Article IV, Section B(2)(C)(3). 
The government exercised its discretion and 
determined that keeping the terms confidential was necessary in order to obtain the best agreement. 
In particular, 
the government wanted Epstein to make a significant concession on one of the elements in 18 U.S.C. 2255. 
I am speaking with Kim Herd at EOUSA regarding the government's position. In particular, the first argument will have 
to be cleared by DOJ before I can assert it. Please feel free to make any comments. Thanks. 
Dexter 
victim_resp.wpd 
EFTA00194372
Sivu 420 / 651
Redolent 
Acosta, Alex (USAFLS) 
Lee, Dexter (USAFLS) 
Read 
Read: 7/8/2008 5:37 PM 
643 
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