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FBI VOL00009
EFTA00193954
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(c) You eliminate from any notification any language that is currently contained in the "acknowledgment" section of the June 30, 2008 memorandum; and (d) You supplement the notification with the Government's previously made representation that it is not vouching for the veracity of any claim by any identified individual. See Letter from J. Sloman to E. MO 0/25/07). Second, please note also that we do not understand your request that Mr. Epstein and his attorneys execute the rider / acknowledgment contained within your June 30 hand-delivered draft. Specifically, we do not believe that the Non-Prosecution Agreement requires Mr. Epstein's execution of any such additional stipulation. Because we want to ensure that Mr. Epstein continues to strictly comply with the letter of the parties' agreement, we respectfully ask that you explain why you believe that the Non-Prosecution Agreement requires execution of your stipulation. Our understanding of the Non-Prosecution Agreement is that it does not require Mr. Epstein to "acknowledge" anything not already contained within the four corners of the written agreement. The agreement certainly contains no written term obligating that he "waive any evidentiary challenge to the introduction of a copy" of any "Notification of Identified Victims" in "any judicial proceeding between any identified individual" and Mr. Epstein, as your memorandum currently requests. Further, please note that your June 30 stipulation, as drafted, is not limited to Section 2255 proceedings. Rather, your June 30 draft requires Mr. Epstein to waive evidentiary challenges in "any judicial proceeding" - - which clearly exceeds the bounds of the parties' written agreement. Third, I would respectfully request that you provide me with the names of the "pro bono lawyers" who, you indicated to me at our June 30 meeting at my office, were intending to represent certain persons identified on your June 30 draft notification, as well as any knowledge that the Government has as to how they were selected, and what communications the Government has had with them to date. Finally, please know that it is Mr. Epstein's firm intent to fulfill strictly each term and condition of his Non-Prosecution Agreement with the Government. Nothing in this letter should be construed, however, as waiving any defense that may be available to Mr. Epstein under the parties' written agreement. I look forward to your response. Until then, I remain, trul yours, Ja A. Goldberger : Jeffrey Epstein EFTA00194414
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U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beath, FL 33401 (56!) 820-87!! Facsimile: (561) 820-8777 July 9, 2008 VIA FACSIMILE Jack A. Goldberger, Esq. Atterbury, Goldberger & Weiss, P.A. One Clearlake Centre, Suite 1400 250 Australian Ave S. West Palm Beach, FL 33401-5015 Re: Jeffrey Epstein Dear Mr. Goldberger: Thank you for your letter of today's date regarding theproposed Victim Notification. Let me address some of the items in your letter. We have no objection to doing individual mailings. The Notification was drafted in that way in order to minimize the number of documents that Mr. Epstein would sign. Now that you have raised an objection to signing the Acknowledgment, each notification will list • only the victim who is being notified. In light of Mr. Epstein's refusal to sign the Acknowledgment, the Acknowledgment portion has been deleted and the notification has been slightly modified in order to provide more complete information and it has been formatted as a letter rather than a more formal "Notification" document. We will not be including any statement that the U.S. Attorney's Office is not vouching for the veracity of any claim. As you know, the U.S. Attorney's modification of the 2255 portion of the Agreement now limits our victim list to those persons whom the United States EFTA00194415
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JACK GOLDBERGER, ESQ. • Jinx 9, 2008 PAGE 2 was prepared to include in an indictment. This means that, pursuant to Justice Department policy, these are individuals for whom the United States believes it has proof beyond a reasonable doubt that each of them was a victim of an enumerated offense. There will be no statement one way or the other regarding the validity of any claim. You have asked for an explanation of why I believe the Acknowledgment portion is required by the terms of the Agreement. Under a strict reading of the Agreement, it is not required, other than to Acknowledge that the United States has performed its obligation of providing Mr. Epstein with a list of identified victims following his guilty plea and sentencing. The purpose of the Acknowledgment was to create one single document incorporating the parties' agreement on The single topic of the right to proceed under 18 U.S.C. § 2255. This would avoid litigation regarding the victims' rights to have access to the original Non-Prosecution Agreement. Without such an express Acknowledgment by Mr. Epstein that the Notice contains the substance of that Agreement, I believe that the victims will have a justification to petition for the entire agreement, which is contrary to the confidentiality clause that the parties have signed. If you believe that particular words are objectionable, I am happy to consider a modification. As I mentioned to you last week, I will provide you with the names of the attorneys currently representing the victims when we have compiled all of that information. Some of the victims are represented by attorneys from the South Carolina Victim Assistance Network and the Maryland Crime Victims Resource Center, both of which were recommended by a victims' rights organization that receives grants from the Justice Department. If you have any suggestions for a modification of the Acknowledgment, please let me know. Sincerely, R. Alexander Acosta United States Attorney By: cc: Karen Atkinson, AUSA A. Marie Villafana Assistant United States Attorney EFTA00194416
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U.S. Department of Justice United States Attorney. Southern District of Florida A. Marie Villafaita 500 S. Australian Aye, 4th Floor West Palm Beach, Florida 33401 (561) 8204711 TO: Facsimile (561) 820-8777 FACSIMILE COVER SHEET Jack Alan Goldberger DATE: July 9, 2008 # OF PAGES: RE: 3 FAX NO. 561-835-8691 PHONE NO. 561 659-8300 Jeffrey Epstein FROM: A. MARIE VILLAFANA, Assistant U.S. Attorney PHONE NO. 561 209-1047 COMMENTS: EFTA00194417
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P. 1 * * * TRANSMISSION RESULT REPORT ( JUL. 9.2008 4:05PM ) * * * TTI USA° WPB FL DATE TIME ADDRESS MODE TIME PAGE RESULT PERS. NAME FILE JUL. 9. 4:04PM 5618358691 TES • : BATCH L : SEND LATER S : STANDARD A-: ASYNC MODE C : CONFIDENTIAL : FORWARDING D : DETAIL 1-: MIL_STD MODE 0'36" P. 3 OK 412 P : POLLING E : ECM F : FINE G-: RICOH-MG3/COMPATIBLE MODE M : MEMORY > : REDUCTION EFTA00194418
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Villafana, Ann Marie C. (USAFLS) From: Schultz, Anne (USAFLS) <ASchultz@usa.doj.gov> Sent: Tuesday, July 1, 2008 4:15 PM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Don't know if you saw Alex told me this morning that Epstein had pled. That is wonderful. I never thought we'd see the day. You deserve all the credit for this. If it had not been for you, he would have gotten away with it. From: Villafana, Ann Marie C. (USAFLS) Sent: Tuesday, July 01, 2008 11:31 AM To: Schultz, Anne (USAFLS) subject: Don't know If you saw But my nemesis Mr. Epstein finally pled. The first article is my favorite. Thank you, as always, for your help and support. I am still in a state of shock. << File: News Briefings 07 01 08.pdf >> 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 EFTA00194419
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Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) <AVillafana@usa.doj.gov> Sent: Tuesday, July 1, 2008 1:34 PM To: Smachetti, Emily (USAFLS) Subject: RE: Yes, that was me — except that I didn't come up with the I8-month deal (that was Menchel's doing). I wanted him to get 18 years. 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: Smachetti, Emily (USAFLS) Sent: Tuesday, July 01, 2008 1:32 PM To: Villafana, Ann Marie C. (USAFLS) Subject: bid you handle our offices part in Epstein? I am sitting her reading about the details in the NYT. EFTA00194420
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Villafana, Ann Marie C. (USAFLS) From: Smachetti, Emily (USAFLS) <ESmachetti@usa.doj.gov> Sent: Tuesday, July 1, 2008 1:45 PM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: What a dirtbag. Though I was glued to the details of the lifestyle. I love the tabloid aspects of these things. Well, congrats on having it over and thank god no appeal for us. From: Villafana, Ann Made C. (USAFLS) Sent: Tuesday, July 01, 2008 1:34 PM To: Smachetti, Emily (USAFLS) Subject: RE: Yes, that was me — except that I didn't come up with the 18-month deal (that was Mencher s doing). I wanted him to get 18 years. 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: Smachetti, Emily (USAFLS) Sent: Tuesday, July 01, 2008 1:32 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Did you handle our office's part in Epstein? I am sitting her reading about the details in the NYT. 34 EFTA00194421
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Villafana, Ann Marie C. (USAFLS) From: • Ted Leopold <TLeopold@riccilaw.com> Sent: Wednesday, July 2, 2008 5:21 PM To: Villafana, Ann Marie C. (USAFLS) Cc: Spencer Kuvin Subject: RE: Epstein Investigation I will get you the names tomorrow. Thanks Spencer, please see me. Original Message From: Villafana, Ann Marie C. (USAFLS) [mailto:Ann.Marie.C.Villafana@usdoj.gov] Sent: Monday, June 30, 2008 5:00 PM To: Ted Leopold Subject: Epstein Investigation Dear Ted: here is my e-mail address and contact information. Thank you for your assistance. 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 44 EFTA00194422
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Villafana, Ann Marie C. (USAFLS) From: Ted Leopold <TLeopold@riccilaw.com> Sent: Thursday, July 3, 2008 4:25 PM To: Villafana, Ann Marie C. (USAFLS) Cc: Spencer Kuvin Subject: RE: Epstein Investigation Ann Marie Our two client names are: 1. Sage MI 2. Brandi Brinson if you need any other information please let me know. Ted Original Message From: Villafana, Ann Marie C. (USAFLS) [mailto:Ann.Marie.C.Villafana@usdoj.gov] Sent: Monday, June 30, 2008 5:00 PM To: Ted Leopold Subject: Epstein Investigation Dear Ted: Here is my c-mail address and contact information. Thank you for your assistance. 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 45 EFTA00194423
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Villafana, Ann Marie C. (USAFLS) From: Sent: To: Cc: Subject: Thanks Sloman, Jeff (USAFLS) <JSIoman@usa.doj gov> Thursday, July 3, 20081:12 PM Villafana, Ann Marie C. (USAFLS) Acosta, Alex (USAFLS) Re: Epstein -- Original Message ---- From: Villafana, Ann Marie C. (USAFLS) To: Sloman, Jeff (USAFLS) Sent: Thu Jul 03 11:36:42 2008 Subject: Epstein Hi Jeff — I just got an earful from the last of the victims' lawyers. lie is a former Broward County ASA and he represents three victims. He says that his clients can name many more victims and wanted to know if we can get out of the deal. I told him that, at this time, assuming that Epstein performs the last piece of the agreement, we are bound. He asked that, if there is the slightest hesitation on Epstein's part of completing his performance, that he and his clients be allowed to consult with our office before making a decision. 1 also couldn't remember if I told you about our meeting with the Sheriff's Office about the jail. Epstein is out at the stockade, not the jail. Goldberger and some psychiatrist have already met with him and have told him that, if he receives any less favorable treatment than others, Ken Starr and the whole crew will sue. He also told me that Epstein was "brilliant" and that he has already offered to teach GED classes. I sort of cocked my head at the "brilliant" comment and said, you know he only has a high school diploma, right? (I used my best, "don't believe the hype" voice. He was clearly shocked, and I explained that Epstein usually claims to have at least a master's degree, but other than a few college courses, he had no education above a high school diploma, which I think makes him ineligible to teach a GED course.) He also told us that Epstein is eligible for work release and will be placed on work release — in direct contradiction to what he told the agents a few months ago. 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 15 EFTA00194424
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OFFICE • • 64: -k4eel<eet'ntil • AND ASSOCIATES July 3, 2008 Ann Marie C. Villafana, AUSA United States Attorney's Office 500 South Australian Avenue West Palm Beach, Florida 33401 Dear Ms. Villafana: VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED 7007 2680 0002 5519 8503 As you are aware, we represent several of the young girls that were victimized and abused by Jeffrey Epstein. While we are aware of his recent guilty plea and conviction in his State Court case, the sentence imposed in that case is grossly inadequate for a sexual predator of this magnitude. The information and evidence that has come to our attention in this matter leads to a grave concern that justice will not be served in this cause if Mr. Epstein is not aggressively prosecuted and appropriately punished. Based on our investigation and knowledge of this case, it is apparent that he has sexually abused more than 100 underage girls, and the evidence against him is overwhelmingly strong. As former Assistant State Attorneys with seven years' prosecution experience, we believe that the evidence against Mr. Epstein is both credible and deep and that he may be the most dangerous sexual predator of children that our country has ever seen. The evidence suggests that for at least 4 years he was sexually abusing as many as three to four girls a day. It is inevitable that if he is not confined to prison, he will continue to manipulate and sexually abuse children and destroy more lives. He is a sexual addict that focused all of his free time on sexually abusing children, and he uses his extraordinary wealth and power to lure in poor, underprivileged little girls and then also uses his wealth to shield himself from prosecution and liability. We are very concerned for the health and welfare of the girls he has already victimized, and concerned that if justice is not properly served now and he is not imprisoned for a very long time, he will get a free pass to sexually abuse children in the future. Futute abuse and victimization is obvious to anyone who really reviews the evidence in this case, and future sexual abuse of minors is inevitable unless he is prosecuted, tried and appropriately sentenced. Money and power should not allow a man to make his own laws, and he has clearly received preferential treatment at every step up to this point. If he were a man of average wealth or the abused girls were from middle or upper class families, then this man would spend the rest of his life in prison. In a country of true, blind justice, those distinctions are irrelevant, and we really hope he does not prove the point that a man can commit heinous crimes against children and buy his way out of it. If the Department of Justice's recent commitment to the protection of our children from child molesters is to be more than rhetoric, then this is the time and the case where the Department must step forward. We urge the Attorney General and our United States 2028 STRBET,81/ITE 202, HOLLYWOOD, FLORIDA 33020 OFFICE: 954-414-8033/305-935-2011 FAX, 964-924-1630/305-935-4227 BEOBRADEDWARDSLAW.COM EFTA00194425
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Ann Marie C. Villafana, AUSA United States Attorney's Office Page Two Attorney to consider the fundamental import of the vigorous enforcement of our Federal laws. We urge you to move forward with the traditional indictments and criminal prosecution commensurate with the crimes Mr. Epstein has committed, and we further urge you to take the steps necessary to protect (Au children from this very dangerous sexual perpetrator. We will help you to do this in any way possible to ensure that true Justice is served in this case. Sincerely, Brad Edwards, Esquire Jay Howell, Esquire 2028 ITREET,8IIITE 202, HOLLYWOOD, FLORIDA 33020 OFFICE: 954-414-8033/305-935-2011 FAX; 954-924-1530/305-935-4227 11114)81tADEDWARDSLAW.COM EFTA00194426
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Villafana, Ann Marie C. (USAFLS) From: Acosta, Alex (USAFLS) <AAcosta@usa.doj.gov> Sent: Tuesday, July 8, 2008 6:17 PM To: Lee, Dexter (USAFLS); Sloman, Jeff (USAFLS) Cc: Villafana, Ann Marie C. (USAFLS); Jacobus, Wendy (USAFLS) Subject: RE: Draft Response in Jane Doe Attachments: victim_resp.wpd Here is a second draft, with small rewrites I reduced the discussion of negotiations. The agreement has a confidentiality clause. I note this, because if we disclose too much, then we will be sued by the other side for breach of that clause. In other words, we need to disclose and discuss without going too far — unless ordered to do so by the court. <<victim_resp.wpd» : 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 « File: victim_resp.wpd >> 1 EFTA00194428
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U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beach, FL 33401 (561) 820-8711 Facsimile: (561)8204777 July 8, 2008 VIA FACSIMILE AND ELECTRONIC MAIL Jack A. Goldberger, Esq. Atterbury, Goldberger & Weiss, P.A. One Clearlake Centre, Suite 1400 250 Australian Ave S. West Palm Beach, FL 33401-5015 Re: Jeffrey Epstein Dear Mr. Goldberger: In accordance with the terms of the Non-Prosecution Agreement, on June 30, 2008, the United States Attorney's Office provided you with a list of thirty-one individuals "whom it was prepared to name in an Indictment as victims of an enumerated offense by Mr. Epstein." Yesterday, I provided you with the identification of another victim whom I had erroneously left off of that list. At the time the list was provided, Special Agent Kuyrkendall and I impressed upon you the need to finalize this last piece of the agreement as quickly as possible so that we could fulfill our victim notification obligations. In deference to your vacation, we allowed you a week to provide us with any objections or requested modifications to the list and/or the Notification language. Yesterday, I contacted you via telephone and e-mail, but received no response. Accordingly, the United States hereby notifies you that it will distribute the victim notifications tomorrow, July 9, 2008, to each of the thirty-two identified victims, either directly or via their counsel. A carbon copy of each notification will be provided to you, and the notification will list you as the contact person for any civil litigation, if the victim decides EFTA00194429
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JACK POLDBERGER, ESQ. Jun? 8, 2008 PAGE 2 to pursue damages. If the United States learns that a civil suit has been filed against Mr. Epstein and he has denied that one of these victims is entitled to proceed under 18 U.S.C. § 2255, that will be considered a breach of the Non-Prosecution Agreement and the United States will proceed accordingly. Sincerely, R. Alexander Acosta United States Attorney afr By: cc: Karen Atkinson, AUSA A. Marie Villafafla Assistant United States Attorney EFTA00194430
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P. 1 * * * TRANSMISSION RESULT REPORT ( JUL. 8.2008 2:11PM ) * * * TTI USAO WPB FL DATE TIME ADDRESS MODE TIME PAGE RESULT PERS. NAME FILE JUL. 8. 2:10PM 5618358691 TES * : BATCH L : SEND LATER S : STANDARD p-: CIC'VMr C -g 1 CONFIDENTIAL FORWARDING k)DE 0'34" P. 3 OK 398 P OL : ECM : P LING E F : FINE G-: RICOH-MG3/COMPATIBLE MODE M : MEMORY > : REDUCTION EFTA00194431
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U.S. Department of Justice United States Attorney Southern District of Florida A. Marie Vials*: 500 S. Australian Ave, 4th Floor West Palm Beach, Florida 33401 (561) 820-8711 TO: Facsimile (561) 820-8777 FACSIMILE COVER SHEET Jack Alan Goldberger DATE: July 8, 2008 ft OF PAGES: RE: 3 FAX NO. 561-8354691 PHONE NO. 561 659-8300 Jeffrey Epstein FROM: A. MARIE VILLAFARA. Assistant U.S. Attorney PHONE NO. 561 209-1047 COMMENTS: EFTA00194432
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JUL-08-2008 TUE 04:37 PM FAX NO, 5618358691 P. 01 ATTERBURY, GOLDBERGER & WEISS, P.A. 250 Australian Avenue South Suite 1400 West Palm Beach, Florida 33401 (561) 659-8300 Fax: (561) 835-8691 FAX TRANSMITTAL COVER SHEET DATE: July 8, 2008 TO: A. Marie Villafana, Assistant U.S. Attorney FAX NO.: 561-820-8777 FROM: Nayanira, Assistant to Jack A. Goldberger, Esquire REMARKS: Jeffrey Epstein TOTAL PAGES: 2 , Including cover sheet *** PLEASE NOTE - CONFIDENTIALITY WARNING'•' THIS MESSAGE IS INTENDED FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. If the reader of this message Is not the Intended recipient or the employee or agent responsible for delivering the message to the Intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication In error, please notify us immediately by telephone, and return the original message to us at the above address via the U.S. Postal Mail Service. Thank you for your cooperation, EFTA00194433