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FBI VOL00009
EFTA00193954
651 sivua
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&nail - Re: Page 1 of 2 GM 11 bit :OMic Re: 1 message Ann Marie Villafana Jay Lefkowitz< JLefkowitz@kirkland.com> Mon, Oct 1, 2007 at 7:13 AM To: Marie Villafana <Ann.Marie.C.Villafana@usdoj.gov>, Ann Marie Villafana Marie - I tried to reach you over the weekend but couldn't reach you either by email or cell. Can we set up a call for 10:45 am tomday? Jay • Original Message From: Jay Lefkowitz Sent: 09/30/2007 03:04 PM CDT To: "Marie Villafana" <Ann.Marie.C.Villafana Villafana' Subject: Re: "Ann Marie Marie - are you available to speak at all today? Original Message —From: Jay Leftwitz•—• Sent: 09/30/2007 07:23 AM CDT To: "Marie Villafana" • <Ann.Marie.C.Villafana usdoi. ov>; "Ann Marie Villafana' Marie - I left you a voicemail yesterday on your cell. What time later today can you speak? Thx. Jay ********* ***riffle*** ***** **** *********** ****************** The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this • communication or any part thereof is strictly prohibited EFTA00194014
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Agreement because of a breach by the defendant, then the United States agrees not to use the defendant's guilty plea against him. However, the United States may prosecute the defendant for anyDd 1 Federal crimes that he has committed related to this case and may seek any sentence for such crimes up to and including the statutory maximums. The defendant expressly waives any statute of limitations defense and any constitutional or statutory speedy trial defense to such rosecution, except to the extent that such a defense exists as of the date he signs this P1eA rcement. Finally, the defendant understands that his violation of the terms of this Plea Agreement would not entitle him to withdraw his guilty plea. 15. This is the entire agreement and understanding between the United States and the defendant. There are no other agents, promises, representations, or understandings. Date: By: R. AL ER ACOSTA UNITE TATES ATTORNEY Date: By: JEFFREY EPSTEIN?FENDANT Date: By: JAY LEFKOWITZ, ESQ. ATTORNEY FOR DEFENDANT Page 7 of 7 EFTA00194015
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by both the defendant and the government. 13. WAIVER OF RIGHT TO APPEAL AND COLLATERALLY ATTACK THE S1DENCE. 'The defendant is aware that Title 18, United States Code, Section 3742 affords the defendant the right to appeal the sentence imposed in this case. Acknowledging this, in exchange for the undertakings made by the United States in this plea agreement, the defendant hereby w • es all rights conferred by Section 3742 to appeal any sentence imposed, including titution order, or to appeal the manner in which the sentence was imposed, unless the sentence exceeds the maximum permitted by statute or is the result of an upward departure or upward variance from the guideline range that the Court establishes at sentencing. The defendant furth oluntarily and expressly waives, to the maximum extent permitted by federal law, the right to collaterally attack his sentence in any post- conviction proceeding, including a motion on any ground brought under 28 U.S.C. § 2254, 28 U.S.C. § 2255, 18 U.S.C. § 3572, or 18 U.S.C. 1. The defendant further understands that nothing in this agreement shall affect the government's right and/or duty to appeal'as set forth in Title 18, United States Code, Section 3742(6). However, if the United States appeals the defendant's sentence pursuant to Section 3742(13), the defendant shall be released from the above waiver of appellate rights. By signing this agreement, tt defendant acknowledges that he has discussed the appeal waiver set forth in this agreement with his attorney. 14. If the defendant fails in any way to fulfill each one of his obligations under this Plea Agreement, the United States, and only the United States, may elect to be released from its commitments under this Plea Agreement. If the United States elects to void the Plea Page 6 of 7 EFTA00194016
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of all proposed agreements with the Palm Beach County State Attorney's Office prior to entering into those agreements. D The United States reserves the right to inform the Court and the probation office of all facts pertinent to the sentencing process, including all relevant information concerning the offenses committed, whether charged or not, as well as concerning the D m defendant and the de dant' s background, and to respond to any questions from the Court and the Probation Of d to any misstatements of fact or law. Subject only to the express terms of any agreed-upon sentencing recommendations contained in this Agreement, this • Office further reserves the right to make any recommendation as to the quality and quantity of punishment. A 12. The defendant is aware that the sentence has not yet been determined by the Court. The defendant also is aware that any estimate of the probable sentencing range or sentence that the defendant may receive, whether estimate comes from the defendant's attorney, the government, or the probation office, is a prediction, not a promise, and is not binding on the government, the probation office or the court. The defendant understands further that any recommendation that the government makes to the Court as to sentencing, whether pursuant to this agreement or otherwise, is not binding c the Court and the Court may disregard the recommendation in its entirety. The defendant understands and acknowledges, as previously acknowledged in paragraph 2 above, that the defendant may not • withdraw his plea based upon the Court's decision not to accept a sentencing recommendation made by the defendant, the government, or a recommendation made jointly Page 5 of 7 EFTA00194017
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• signed this agreement and has been sentenced. The United States further agrees to make a motion with the United States District Court for the Southern District of Florida for the of a guardian ad litem for the identified victims and the defendant's counsel may contact the identified victims through that guardian. 8. The defendant agrees to plead guilty (not nolo contendere) to an information filed by the Palm B County State Attorney's Office charging an offense for which the I s defendant must regi a sex offender, that is, solicitation of minors to engage in prdstitution, in violation of Fl. Stat. 796.03. The defendant agrees that he and the Palm Beach County State Attorney's Office will make a joint, binding recommendation that the Court impose a sentence of at least t i y (30) months, to be divided ai follows: (a) the defendant shall begin by serving at least twenty (20) months in prison, without any opportunity for withholding adjudication or sentencing, and without Ar on or community control in lieu of imprisonment; and (b) following the-term of imprisonment, the defendant shall serve ten (10) months of community control/home confinement with electronic monitoring. ' T 9. The defendant agrees to waive all challenges to the Information filed by the State Attorney's Office and to wive the right to appeal his conviction and sentence in the state court. 10. The defendant agrees that he will provide to the U.S. Attorney's Office copies Page 4 of 7 EFTA00194018
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six (6) months, to be followed by a term of supervised release of up to a maximum of one (1) year. In addition to terms of imprisonment and supervised release, the Court may impose a fine on $100,00 O. 4. The defendant further understands and acknowledges that, in addition to any sentence imposed under paragraph 3 of this Agreement, a special assessment in the amount of $50 will be impo ed on the defendant, which must be paid at or before the time of sentencing. 5. The defendant understands that the Court will order that he must pay full, restitution to all victims of the offense to which he is pleading guilty. The defendant rest;' understands that the amount of ion owed to each victim will determined at or before sentencing. 6. The parties agree to jointly recommend that the defendant receive a sentence of eighteen (18) months' imprisonment, to be wed by two (2) years of supervised r release; and a fine of $200,000. 7. The defendant agrees that, if any of the victims identified in the federal investigation file suit pursuant to 18 U.S.C. § 2255, the defendant will not contest the jurisdiction of the U.S. District Court for the Southern District Florida over his person and/or the subject matter, and the defendant will not contest that the identified victims are persons who, while minors, were victims of violations of Title 18, United States Code, Sections(s) 2422 and/or 2423. The United States agrees to provide the defendant's attorneys with a list of the identified victims, which will not exceed forty, after the defendant has Page 3 of 7 EFTA00194019
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"Sentencing Guidelines"). The defendant acknowledges and understands that the Court will compute an advisory sentence under the Sentencing Guidelines and that the applicable guide ill be determined by the Court relying in part on the results of a Pre-Sentence Investigation by the Court's probation office, which investigation will commence after the guilty plea has been entered. The defendant is also aware that, under certain circumstances, the Court may depart th om the advisory sentencing guideline range that it has computed, and may raise or lower isory sentence under the Sentencing Guidelines. The defendant is further aware and understands that the Court is required to consider the advisory guideline range determined under the Sentencing Guidelines, but is not bound to impose that sentence; the Court is permitted to tailor the ul to sentence in light of other statutory concerns, and such sentence may be either more severe or less severe than the Sentencing Guidelines' advisory sentence. Knowing these facts, the defendant understands and acknowledges that the Court has the authority to impose any sentenc thin and up to the statutory maximum . authorized by law for the offenses identified in paragraph 1 and that the defendant may not withdraw the plea solely as a result of the sentence imposed. 1,, 3. The defendant further understands and acknowled es that, as to Count 1 of the Information, the Court may impose a statutory maximum term of nprisonment of up to one (1) year, to be followed by a term of supervised release of up to a maximum of one (1) year. In addition to terms of imprisonment and supervised release, the Court may impose a fine of up to $100,000. The defendant further understands and acknowledges that, as to Count 2 of the Information; the Court may impose a statutory maximum term of imprisonment of up to Page 2 of 7 EFTA00194020
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No.
UNITED STATES OF AMERICA
vs.
JEFFREY EPSTEllb
Defena
PLEA AGREEMENT
The United States Attorney for4ie Southern District of Florida ("the United States"),
and Jeffrey Epstein (hereinafter
agreement:
to as the "defendant") enter into the following
1.
The defendant agrees to plead guilty to the Information which charges the
defendant as follows: Count 1 charm that th5fendant knowingly and intentionally_
violated the privacy protection accorded to child victims by 18 U.S.C. § 3509; in violation
of Title 18, United States Code, Sections 403 and 2; and Count 2 Charges that the defendant,
while in an airplane over the high seas, did knowingly commit &Fie rigni ilt on a person
who was over the age of 16 years, that is, S.K.; in violation of Tile 18, United States Code,
Section 113(aX5)-
2.
The defendant is aware that the sentence will be imposed by the Court after
considering the Federal Sentencing Guidelines and Policy Statements (hereinafter
Page 1 of 7
EFTA00194021
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• did knowingly commit a simple assault on a person who was over the age of 16 years, that is, S.K.; in violation of Title 18, United States Code, Section 113(a)(5). • D • IL ALEXANDER ACOSTA UNITED STATES A A. MARIE VILLAFARA ASSISTANT UNITED STATES ATTORNEY ,/ A. 2 EFTA00194022
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D UNITED STATES DISTRICT COURT SOUTBERN DISTRICT OF FLORIDA. CASE NO. 18 U.S.C. § 403 ' 18 U:S.C. § 113(a)(5) UNITED STATES OFTICA • JEFFREY EPSTEIN; Defendant. INFORMATION The United States Attorney charges that: COUNT I In or around August 2006 in Palm Beach Co t min the Southern District of Florida, and elsewhere, the defendant, JEFFREY EPSTEIN, did knowingly and intentionally violate the privacy protection accoi y 18 U.S.C. § 3509 to a child victim, that is, Jane Doe #1; in violation of Title 18, United Sta de, Sections 403 and 2. COUNT 2 In or around 2005, in the special territorial jurisdiction of the United States, that is, in an aircraft owned by a United States citizen while in flight over the high seas, and elsewhere, the defendant, JEFFREY EPSTEIN, EFTA00194023
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&nail - .TE negotiations Gm ii JE negotiations 1 message Page 1 of 1 Ann Marie Villafanaa Ann Marie VillafanalliMMIIIIIIM To: lefkowitz@kirkland.com, jlefkowitz@kirkland.com Hi Jay -- Sorry to trouble you over the weekend. Here are the revised documents with the 403 charge. I have gotten some negative reaction to the assault charge with Sarah Kellen as the victim, since she is considered one of the main perpetrators of the offenses that we d to charge in the indictment. Can you talk to Mr. Epstein about a young woman named We have hearsay evidence that she traveled on Mr. Epstein's airplane when she was un er 18, in around the 2000 or 2001 time frame. That falls outside the statute of limitations, but perhaps we could construct a 371 conspiracy around that? Let me know what you think. Thank you. Ann Marie Villafana 2 attachments toil Information charging 403 and 113.pdf 9K OLY Plea Agreement v5 403 and 113 violations.pdf 18K Sat, Sep 15, 2007 at 3:16 PM EFTA00194024
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Ginail - Re: JE negotiations Page 1 of I i by,;OO3,e Re: JE negotiations 1 message Jay Lefkowitz< JLefkowitz kirkland.com> To: Ann Marie Villafana Sun, Sep 16, 2007 at 10:39 AM Yes. I plan to send you a long email with several suggestions, none of which I think will be controversial. Thx Original Message From: "Ann Marie Villafana Sent: 09/16/2007 10:35 AM To: Jay Lefkowitz Subject: Re: JE negotiations Hi Jay -- I will wait to hear from you before I change the documents back to the 1512, but can you tell me when you call back whether you had any issues with the language of the plea agreement or the information that I sent earlier? Thanks. **** * **** *************************** ******* *************** The information contained in this communication is confidential, may be atiornelt prjyleged,_may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments. ************************* *********** *talc *************••w** EFTA00194025
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By signing thiS Agreement, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he understands the conditions of this Agreement and agrees to comply with them. Dated: JEFFREY EPSTEIN Dated: GERALD LBFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN Dated: R. ALEXANDER ACOSTA UNITED STATES ATTORNEY EFTA00194026
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Epstein's fulfilling the terms and conditions of the Agreement resolves any and all outstanding federal grand. jury subpoenas that have requested witness testimony and/or the production of documents and/or computers in relation to the investigation that is the subject of the Agreement Each subpoena will be withdrawn upon the execution of. the Agreement 'and will not be re-issued absent reliable evidence of a violation of the Agreement. Epstein and his counsel agree that the computers that are currently under subpoena will be safeguarded in their current condition by Epstein's counsel or their agents until the terms and conditions of the Agreement are fulfilled. Provided that Epstein does not breach this. agreement, the Government agrees that it will not seek to initiate federal investigation or prosecution for conduct subject to this agreement. Epstein understands that the United States Attorney has no authority to require the State Attorney's Office to abide by any terms of this agreement. Epstein understands that it is his obligation to undertake discussion with the State Attorney's Office to ensure compliance with these procedures, which compliance will be necessary to satisfy the United States' interest, pursuant to the Petite policy. By signing this agreement, Epstein asserts and certifies that each of these terms is material to this agreement and is supported by independent consideration and that a breach of any one of these conditions allows the United States to 'elect to terminate the agreement and to investigate and prosecute Epstein for any and all federal offenses listed above at pg 1. • By signing this agreement, Epstein asserts and certifies that he is aware of the fact that the Sixth Amendment to the Constitution of the United States pro•ides that in all criminal prosecutions the accused shall enjoy the right to a speedy and public trial. Epstein further is aware that Rule 48(b) of the Federal Rules of Criminal Procedure provides that the Court may dismiss an indictment, information, or complaint for unnecessary delay in presenting a charge to the Grand Jury, filing an information, or in bringing a• defendant to trial. Epstein hereby requests that the United States Attorney for the Southern District of Florida defer such prosecution. Epstein agrees and consents that any delay from the date of this Agreement to the date of initiation of prosecution, as provided for in the terms expressed herein,, shall be deemed to be a necessary delay at his own request, and he hereby waives any defense to such prosecution on the ground that such delay operated to deny him rights under Rule 48(b) of the Federal Rules of Criminal Procedure and the Sixth Amendment to the Constitution of the United States to a speedy trial or to bar the prosecution by reason of the running of the statute of limitations for a period of months equal to the period between the signing of this agreement and the breach of this agreement Epstein further asserts and certifies that he understands that the Fifth Amendment and Rule 7(a) of the Federal Rules of Criminal Procedure provide that all felonies must be charged in an indictment presented to a grand jury. Epstein hereby agrees and consents that, if a prosecution against him is instituted, it may be by way of an Information signed and filed by the United States Attorney, and hereby waives his right to be indicted by a grand jury. EFTA00194027
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acknowledging his right to appeal under 18 U.S.C. § 3742, hereby waives the rights conferred by § • 3742 to appeal any sentence imposed, including any restitution order, or to appeal the manner in which the sentence was imposed, unless the sentence exceeds the maximum permitted by statute or is the result. of an upward departure or upward variance from the guideline range that the Court establishes at sentencing. 7. Epstein shall enter his guilty plea to the federal Information no later than November 5, 2007. Epstein, and the Government agree to submit an agreed statement of facts in lieu of the Pre-Sentence Investigation Report, which shall be waived, and Epstein and the Government agree that sentence shall be imposed on the date of plea, that Epstein be released on bail, that travel shall not be restricted during the period of bail and that Epstein be permitted to self- report to the facility designated by the United States Bureau of Prisons to commence his sentence 75 days after sentencing. Epstein and the Government further agree that the Government shall not object to Epstein's request that the Court recommend to the Bureau of Prisons that Epstein be designated to serve his sentence at a federal prison camp; and 8. Epstein agrees to fund a Trust set up in concert with the Government and under the supervision of the 15th Judicial Circuit in and for Palm Beach County. Epstein agrees that a Trustee will be appointed by the Circuit Court and that funds from the Trust will be available to be disburted at the Trustee's discretion to an agreed list of persons who seek reimbursement and make a good faith showing to the Trustee that they suffered injury as a result of the conduct of • Epstein. Epstein waives his right to contest liability or damages up to an amount agreed to by the parties for any settlements entered into.by the Trustee. Epstein's waiver is not to be construed as an admission of civil or criminal liability in regards to any efEse who seek compensation GEE; Trust.: After timely fulfilling the terns and conditions of this Agreement, the United States agrees that no prosecution will be instituted or initiated against Epstein for any and all criminal charges which might otherwise in the future be brought against Epstein that arise out of the ongoing FBI federal investigation for offenses that include but are not limited to those listed above that could be brought.under 18 U.S.C. §2423(b),(e) and (f), 18 U.S.C. §2422(b), 18 U.S.C. §1591 or conspiracies or attempts to violate such statutes or for any other offense that is or has been the subject of the federal investigation being conducted by the Federal Bureau of Investigations and/or the United States Attorney's Office. Epstein's fulfilling the terms and conditions of the Agreement also precludes the initiation of any and all criminal charges which might otherwise in the future be brought against Sarah Kellen, Adrian Ross, Lesley Groff, and Nadia Marcinkova or any employee of N.E.S. for any criminal charge that arises out of the ongoing federal investigation as described above; Further, no immigration proceeding will be instituted against Ross or Marcinkova as a result of the ongoing investigation EFTA00194028
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Terms of the Agreement: 1. Epstein shall plead guilty' to the criminal charge in the Indictment as currently pending against him in the 15th Judicial Circuit in and for Palm Beach County and in addition shall plead guilty to a•'1 count Information filed by the State Attorney's Office charging a violation of the following. Florida Statute: Procuring person under age of 18 for prostitution in violation of F.S.A. § 796.03. 2. Epstein and the State Attorney's Office shall make a joint, binding recommendation that the Court impose a sentence as follows: (a) Epstein shall enter a plea agreement with the State Attorney's Office forthwith and thereafter enter his plea of guilty to the Indictment (Case # 2006cf009495AX7CCMB) on a date after the date of imposition of his federal sentence as described in paragraph 5 and 6, infra but before the beginning of his term of federal imprisonment Epstein shall thereafter be required to enter his plea of guilty to the Information within 7 days after the completion of his federal term of imprisonment (b) Following the term of federal imprisonment Epstein shall be placed' on three (3) years probation. (c) As a special condition to that probation, Epstein will serve the first (1) year in community control. (d) Following community control, Epstein shall serve the remaining two (2) years of Probation on the charge that presently pending in the state Indictment . 3. Epstein shall waive all challenges to. the Infontation filed by the State Attorney's Office and shall waive the right . to appeal his conviction and sentence unless the Court imposes a sentence that exceeds the terms of the joint recommendation in which case Epstein reserves the right to withdraw his plea and to exercise at his sole election any other right to appeal • • 4. Epstein shall provide to the U.S. Attorney's Office copies of all proposed agreements with. the State Attorney's Office prior to entering into those agreements; 5. Epstein shall plead guilty to an Information charging one (1) count charging a violation of 18 USC I 512(d) and one (1) count charging simple assault within the maritime and territorial jurisdiction of the United States in violation of 18 USC §113(a)(5) and 18 USC §7(5). 6. Epstein and the Government shall make a joint recommendation that the Court impose the maximum sentence of eighteen (18) months. Epstein, EFTA00194029
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In Re: Investigation of Jeffrey Epstein AGREEMENT IT APPEARING that the City of Palm Beach Police Department and the State Attorney's Office for the 15th Judicial Circuit in and for Palm Beach County (hereinafter the "State Attorney's Office") have conducted an investigation into the conduct of Jeffrey Epstein (hereinafter "Epstein"); IT APPEARING that the State Attorney's Office has charged Epstein with three counts of solicitation of prostitution in violation of Florida Statutes Section 796.07; APPEARING that the United States Attorney's Office and the Federal Bureau of Investigation have conducted their own investigation of the *offenses and Epstein's background; IT APPEARING to the United States Attorney's Office and the Federal Bureau of Investigation that Epstein may have committed offenses against the United States from in or around 2001 through in or around October 2005, including: (1) knowingly and willfully conspiring with others known and unknown to commit offenses against the United States, in violation of Title 18, United States Code, Section 2422(b) and 2423(b); all in violation of Title 18, United States Code, Section 371 and 18 USC 2423(e); and (2) knowinTrind willfully violating 18 USC glf(b) and 2, 18 USC 2423(6), and 18 USC 1591(a)(1),(2); IT APPEARING, after an investigation of the offenses and Epstein's background, that the interest of the United States pursuant to the Petite policy will be served by the following procedure; • THEREFORE, on the authority of R. Alexander Acosta, United States Attorney for the Southern District of Florida, prosecution of these offenses shall be deferred in favor of prosecution by the State of Florida .and prosecution of violations of 18 USC 1512(d) and 18 USC 371, 113(aX5) by the United States, provided that Epstein abides by the folloiring conditions and the requirements of this. Agreement set forth beloiv. Should Epstein be proven to have violated any of the conditions of this Agreement, the United States Attorney may at any time initiate prosecution against Epstein for any offense listed above. In this case, the United States Attorney will furnish Epstein with notice specifying the conditions of the Agreement that he has violated. EFTA00194030
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Gmail - (no subject) Page 17 of 17 epsteln.doc 94K EFTA00194031
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Gmail - (no subject)
Page 16 of 17
Begin forwarded message:
From: Jay Lefkowitz sliefkowitz@kirklanctcom>
• Date: September 15, 2007 8:18:43 PM EDT
To: "Ann Marie Millatent(" aillangi
Subject: Re: JE negotiations
Are you free to speak this evening?
Original Message --
From: "Ann Marie Villafana"
Sent: 09/15/2007 03:16 PM AST
To: Jay Lefkowitz; Jay Lefkowitz
Subject: JE negotiations
Hi Jay -- Sorry to trouble you over the weekend. Here are the revised documents with the
403 charge. I have gotten some negative reaction to the assault charge with Sarah Kellen
as the victim, since she is considered one of the main perpetrators of the offenses that we
planned to charge in the indictment. Can you talk to Mr. Epstein about a young woman
named flia
We have hearsay evidence that she traveled on Mr. Epstein's airplane
when she was under 18, in around the 2000 or 2001 time frame. That falls outside the
statute of limitations, but perhaps we could construct a 371 conspiracy around that?
Let me know what you think.
Thank you.
Ann Marie Villafana
***************************************
**************
******
The in€ormation contained in this communication is
confidential, may be attorney-client privileged, may
constitute inside information, and is intended only for
the use of the addressee. It is the property of
Kirkland & Ellis LLP or Kirkland & Ellis International LLP.
Unauthorized use, disclosure or copying of this
.communication or any part thereof is strictly prohibited
and may be unlawful. If you have rebeived this
communication in error, please notify us immediately by
return e-mail or by e-mail to postmaster@kirkland.com, and
destroy this communication and all copies thereof,
including all attachMents.
********************************
******* ********************
EFTA00194032
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Gmail - (no subject) Page1.5 of 17 The information contained in 'this communication is• confidential., may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland &' Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com„ and destroy this communication and all copies thereof, including all attachments. - ********************************V************************** . Begin forwarded message: From: Jay Lefkowitz slistkowitzfgisitiditind.com> Date: September 18, 2007 9:05:58 AM EDT To: "Ann Marie Villafana Subject: Re: JE negotiations How about 10 am. Does that work? -- Original Message -- From: "Ann Marie Villafanan Sent 09/16/2007 08:47 AM AST To: Jay Lefkowitz 'Subject: Re: JE negotiations Hi Jay — Sorry I didn't get your message until this morning. I will call you at 9:15. If that doesn't work, let me know a better time, otherwise I will just plan to speak to you at 9:15. Thanks. The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the.property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, 4isclosure or-copying of this communication or any pert thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments. *******************************,i*************************** EFTA00194033