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FBI VOL00009
EFTA00225102
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Ilafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Thursday, February 14, 20081:35 PM To: Richards, Jason R.; Kuyrkendall, E N. Subject: RE: DOBs Hi guys - sorry to bother you. On some of the new girls I don't have dobs. (the 302 says her dob is (and do we have a phone number?) Have you guys ever talked to or F Should I include them? A. Marie Villafaiia Assistant U.S. Attorney 561 209-1047 1679 08-80736-CV-MARRA P-014607 EFTA00225102
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Villafana, Ann Marie C. (USAFLS) From: Villatrine, Ann Marie C. (USAFLS) Sent: Thursday, February 14, 2008 1:21 PM To: Richards, Jason R. Subject: RE: Epstein Indictment Ili Jason — I didn't send the indictment yet. I was just asking for input on who to include and who to exclude. How old was when she went with 4. Mark Vilkflitaa Assistant U.S. Attorney 561 209- I 047 From: Richards, Jason R. Sent: Thursday, February 14, 2008 1:00 PM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Epstein Indictment Hey Marie, n There was no indictment attached to your email. Can you send it again. In addition to the two calls from phone 4/23/04 at 1:35 pm and 5/2/04 at 10:32 am, we have two telephone calls from to (Andrlano's boyfriend) telephone on 03/04/2004 at 9:46 am and 2:30 pm. Message pads reflect 10 messages from beginning 03/11/2003 ending 03/01/2006. Individuals Identified as taking the messages are Evelyne, Michajligla, and Alfredo Rodriguez. From: Villafana, Ann Mane C. (USAFLS) [Ann.Marle.C.Villafana@usdoj.gov) Sent: Thursday, February 14, 2008 11:41 AM To: Kuyrkendall, E N.; Richards, Jason R. Subject: RE: Epstein Indictment FYI — Tell me what you think. Also, can you pull the messages from what the dates are and who took the messages? Thanks. And am I correct that we have only two phone calls with a 4/23/04 and 5/2/04 .4. Marie Vilhiliiiia Assistant U.S. Attorney 56I 209-1047 From: VIllatana, Ann Marie C. (USAFLS) Sent: Thursday, February 14, 2008 11:22 AM To: Braden, Myesha Subject: Epstein Indictment 1678 and see if you can tell 08-80736-CV-MARRA P-014608 EFTA00225103
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Hi Myesha — Our server was down for a few hours this morning, so I am very behind on my revisions. I wanted to talk about which girls we should drop. M With to t e I other girls brought by M, here are my thoughts. We c and S. and L. are the girls who have filed lawsuits. I have excluded them. very easily. Both only gave I or 2 massages and did not disclose their ages. S. is a good witness because she shows that, if you aren't willing to do more sexual activity, Epstein stops the massage and doesn't want to see you anymore. She seems like someone whom we could get in as 404(b) because the probative nature outweighs its presudice. I think we should drop P. because 1 don't believe she will ever be completely truthful about the amount of sexual activity that occurre . (She is the girl that one of the witnesses described as "a virgin on graduation day.") That only leaves , the soccer player who cried for the entire interview. I think that she may be worth kcepin ,. We have suc 'good documentary evidence related to her — message bads, car ren rs, 156 calls with , and 2 calls with (we have very few phone calls with , so this is key). What do you think? A. Marie Villafaila Assistant U.S. Attorney 561 209-1047 1679 08-80736-CV-MARRA P-014609 EFTA00225104
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Villafana, Ann Marie C. (USAFLS) From: Richards, Jason R. Sent: Thursday, February 14, 2008 1:00 PM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Epstein Indictment Hey Marie, There was no indictment attached to your email. Can you send it again. In addition to the two calls from phone 4/23/04 at 1:35 pm and 5/2/04 at 10:32 am, we have two telephone calls from to (Andriano's boyfriend) telephone on 03/04/2004 at 9:46 am and 2:30 pm. Message pads reflect 10 messages from beginning 03/11/2003 ending 03/01/2006. Individuals Identified as taking the messages are Evelyne, Michae , Louella, and Alfredo Rodriguez. From: Villafana, Ann Marie C. (USAFLS) [Ann.Marle.C.VIllafana@usdoi.gov] Sent: Thursday, February 14, 2008 11:41 AM To: Kuyrkendall, E N.; Richards, Jason R. Subject: RE: Epstein Indictment FYI - Tell me what you think. Also. can you pull the messages from what the dates arc and who took the messages? Thanks. And am I correct that we have only two phone calls with 4/23/04 and 5/2/04 A. Marie Villafitha Assistant U.S. Attorney 561 209-1047 and see if you can tell From: Villafana, Ann Marie C. (USAFLS) Sent: Thursday, February 14, 2008 11:22 AM To: Braden, Myesha Subject: Epstein Indictment Hi Myesha — Our server was down for a few hours this morning, so I am very behind on my revisions. I wanted to talk about which girls we should drop. and arc the girls who have filed lawsuits. I have excluded them. With respect to the other girls brought by , here are my thoughts. We can and S. very easily. Both only gave I or 2 massages and did not disclose their ages. S. is a good witness because she shows that, if you aren't willing to do more sexual activity, Epstein stops the massage and doesn't want to see you anymore. She seems like someone whom we could get in as 404(b) because the probative nature outweighs its pr "e. I think we should drop P. because I don't believe she will ever be completely truthful about the amount of sexual activity that occurre . (She is the girl that one of the witnesses described as "a virgin on graduation day.") That only leaves , the soccer player who cried for the entire interview. I think that she may be worth keeping. We have sue good documentary evidence related to her — message pads, car rental records, 156 calls 1686 08-80736-CV-MARRA P-014610 EFTA00225105
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with , and 2 calls with key). What do you think? A. Mark Villajaffa Assistant U.S. Attorney 561 209-1047 (we have very few phone calls with , so this is 1687 08-80736-CV-MARRA P-014611 EFTA00225106
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Villafana, Ann Marie C. (USAFLS) From: Sent: To: Subject: Braden, Myesha Thursday, February 14, 2008 12:37 PM Villafana, Ann Marie C. (USAFLS) RE: Epstein Indictment I'm not supposed to be involved in tantive decisions until I get word from 'on high'. However, my general thoughts are that you are correct. e of th vidence and will be a good witness, although a reluctant one. Am I correct to assume a A. and A. are still in? Their past history of commitment will have to be dealt with and it won't be easy, bu agree that 1 ey s ould be left in. The fact that their commitments were post-Epstein is good but his attorne s are going to try to destroy them. Is Felecia in as well? I thought that she was truthful. What about Marie C. (USAFLS) (mailto:Arin.Marie.C.Villafana@usdoj.gov1 et.Pluary14, 2008 11:22 AM To: Braden, Myesha Subject: Epstein Indictment Hi Mycsha — Our server was down for a few hours this morning, so I am very behind on my revisions. I wanted to talk about which girls we should drop. and Michelle L. are the girls who have filed lawsuits. I have excluded them. With respect to the other girls brought by here are my thoughts. We can dro and S. very easily. Both only gave I or 2 massages and did not disclose their ages. ood because she shows that, if you aren't willing to do more sexual activity, Epst the massage and doesn't want to see you anymore. She seems like someone whom we could get in as 404(6) because the probative nature outweighs its prejudice. I think we should drop P. because I don't believe she will ever be compjetely truthful about the amount of sexual activity that occurre . (She is the girl that one of the witnesses described as "a virgin on graduation day.") , and 2 calls with with st ood docu (we have very few phone calls with lated to her — message pads, car rental records, 156 calls , so this is That only leaves R the soccer player who cried for the entire interview. I think that she may be worth keepi key). What do you think? A. Marie Villafafta Assistant U.S. Attorney 561 209-1047 1690 08-80736-CV-MARRA P-014612 EFTA00225107
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Villafana, Ann Marie C. (USAFLS) From: ViHelena, Ann Marie C. (USAFLS) Sent: Thursday, February 14, 2008 11:41 AM To: Kuyrkendall, E N.; Richards, Jason R. Subject: RE: Epstein Indictment FYI — Tell me what you think. Also, can you pull the messages from Andriano and see if you can tell what the dates are and who took the messages? Thanks. And am I correct that we have only two phone calls with ? 4/23/04 and 5/2/04 A. Mune Villufinia Assistant U .S. l Attorney 561 209- I 047 From: VIllafana, Ann Marie C. (USAFLS) Sent: Thursday, February 14, 2008 11:22 AM To: Braden, Myesha Subject: Epstein Indictment Hi Myesha — Our server was down for a few hours this morning, so I am very behind on my revisions. I wanted to talk about which girls we should drop. and L. are the girls who have filed lawsuits. I have excluded them. With respect to the other girls brought by here are my th e can drop and S. very easily. Both only gave I or 2 massages and did not disclose their ages. S. is a good witness because s e shows that, if you aren't willing to do more sexual activity, Epstein stops the massage and doesn't want to see you anymore. She seems like someone whom we could get in as 404(b) because the probative nature outweighs its prejudice. I think we should drop P. because I don't believe she will ever be completely truthful about the amount of sexual activity that occurred. (She is the girl that one of the witnesses described as "a virgin on graduation day.") That only leaves Me the soccer player who cried for the entire interview. I think that she may be worth kee in . We have such go documentary evidence related to her — message pads car rental records, 156 calls with and 2 calls with (we have very few phone calls with , so this is key). What do you think? A. Marie Maio& Assistant U.S. Attorney 561 209-1047 1702 08-80736-CV-MARRA P-014613 EFTA00225108
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Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Tuesday, February 12, 2008 4:33 PM To: Kuyrkendall, E N. Subject: Telephone numbers Can you e-mail me your summary chart, too? The Excel spreadsheet. Thanks. A. Marie Viflair:nu Assistant U.S. Attorney 561 209-1047 1713 08-80736-CV-MARRA P-014616 EFTA00225109
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Villafana, Ann Marie C. (USAFLS) From: Sent: To: Subject: Villafana, Ann Marie C. (USAFLS) Tuesday, February 12, 2008 3:19 PM Kuyrkendall, E N. Telephone charts and phone records Hi Nesbitt — get tf ment package finalized. C - ' to me the final telephone charts for all of the girls and and Also, do you have all of records electronically? Maybe we can search for phone numbers for some of the new girls, even though we don't ave t eir phone records yet. Also, can you check on the lead to New York? Ideally, I would like to turn the package in on Thursday, so I need to know if we can include any of those girls. When you have a chance, please give me a call. I am in the U.S. Attorney's Office — 561-209-1021. A. Marie Male& Assistant U.S. Attorney 561 209-1047 1717 08-80736-CV-MARRA P-014618 EFTA00225110
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Villafana, Ann Marie C. (USAFLS) From: Oosterbaan, Andrew Sent: Thursday, February 21, 2008 11:26 AM To: Villafana, Ann Marie C. (USAFLS); Senior, Robert (USAFLS); Sloman, Jeff (USAFLS) Cc: Mandelker, Sigel; Braden, Myesha Subject: RE: Epstein update I just got off the phone with Jay Leficowitz. It was a positive conversation centered mostly on what role they expect CEOS to be playing when they meet with us. I told him that all I want to do is help the process move forward, and if they think we best help the process by taking a fresh and objective look at the case and their arguments than that is what I want to do. I told him that if that's what they want - if that is what will help the process to move forward - then I don't think it's advisable for CEOS to partner with the USA° on the case. He wants to think about that (and probably talk to gjAgo- counsel about whether it is better to have us partnered in the case or just serve a review function) and he said get back to me later today. He said he's ready to set the meeting quickly. I'll let you know. Marie — I don't think we need the FBI either way. If someone disagrees, please let me know. I can ask for Jay's position on that as well if you like. From: Villafana, Ann Marie C. (USAFLS) [mallto:Ann.Marle.C.VIllafana@usdoj.gov] Sent: Thursday, February 21, 2008 10:42 AM To: Oosterbaan, Andrew Subject: RE: Epstein update Hi Drew - Thank you for the update. Do you want an FBI presence at any meeting you set up? I can ask the SAC if he wants to attend (or if he wants someone higher tip to attend). Please just let me know. Thank you. A. Marie Viiialana Assistant U.S. Attorney 500 S. Australian Ave. Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Oosterbaan, Andrew Sent: Wednesday, February 20, 2008 3:50 PM To: Senior, Robert (USAFLS); Villafana, Ann Marie C. (USAFLS); Garcia, Rolando (USAFLS) Cc: Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS); Atkinson, Karen (USAFLS); Braden, Myesha Subject: RE: Epstein update Just to update — I have a call into Lefkowitz. but I haven't heard back from him. I'll try him again tomorrow If he hasn't called back by then. From: Senior, Robert (USAFLS) [mailto:Robert.Sentor@usdpl.gov] Sent: Wednesday, February 20, 2008 3:42 PM To: Villafana, Ann Marie C. (USAFLS); Garcia, Rolando (USAFLS) Cc: Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS); Atkinson, Karen (USAFLS); Braden, Myesha; Oosterbaan, Andrew Subject: RE: Epstein update 1saa EXHIBIT B-111 08-80736-C V-MARRA P-014574 EFTA00225111
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I thought the pros memo and indictment that I read were good. We talked about rearranging and thinning out the overt acts in order to clarify the particular conduct. There were a few other smaller changes as well, but unless there are major changes to the pros memo or indictment that I reviewed, I will wait for Karen and Rolando to have a crack at it. From: Villafana, Ann Marie C. (USAFLS) Sent: Wednesday, February 20, 2008 3:19 PM To: Senior, Robert (USAFLS); Garcia, Rolando (USAFLS) Cc: Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS); Atkinson, Karen (USAFLS); Braden, Myesha; Oosterbaan, Andrew Subject: Epstein update Bob and Rolando — Just wanted to let you know that I gave the indictment package to Karen yesterday. If you want a preview before her edits, or if you just want to start reading the pros memo, please let me know. Thank you. A. Marie Villafalla Assistant U.S. Attorney 561 209-1047 1589 08-80736-CV-MARRA P-014575 EFTA00225112
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Villafana, Ann Marie C. (USAFLS) From: Villafana. Ann Marie C. (USAFLS) Sent: Thursday, February 21, 2008 11:21 AM To: Braden, Myesha Subject: FW: Epstein update Iii Mycsha -- Do you think we have a chance? I have fora• hours reserved with the grand jury on March I wanted to try to do it sooner, but I think this is going to take a while. Can you come on the I In'? I have been super-depressed about this — my poor secretary thinks I have turned into a I just can't help feeling that I am doing all of this work kw nothing. 4. Marie Villeflaila Assistant U.S. Attorney 500 S. Australian Ave. Suite 400 West Palm Beach. Fl. 33401 Phone 561 209.1047 Fax 561 820-8777 From: Oosterbaan, Andrew Sent: Wednesday, February 20, 2008 3:50 PM To: Senior, Robert (USAFLS); Villafana, Am Marie C. (USAFLS); Garda, Rolando (USAFLS) Cc: Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS); Atkinson, Karen (USAFLS); Braden, Myesha Subject: RE: Epstein update Just to update — I have a call into Lefkowitz, but I haven't heard back from him. I'll try him again tomorrow if he hasn't called back by then. From: Senior, Robert (USAFLS) [maIlto:Robert.Senior@usdoj.gov] Sent: Wednesday, February 20, 2008 3:42 PM To: Villafana, Ann Marie C. (USAFLS); Garda, Rolando (USAFLS) Cc: Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS); Atkinson, Karen (USAFLS); Braden, Myesha; Oosterbaan, Andrew Subject: RE: Epstein update I thought the pros memo and indictment that I read were goad. We talked about rearranging and thinning out the overt acts in order to clarify the particular conduct. There were a few other smaller changes as well, but unless there are major changes to the pros memo or indictment that I reviewed, I will wait for Karen and Rolando to have a crack at it. From: Villafana, Ann Marie C. (USAFLS) Sent: Wednesday, February 20, 2008 3:19 PM To: Senior, Robert (USAFLS); Garda, Rolando (USAFLS) Cc: Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS); Atkinson, Karen (USAFLS); Braden, Myesha; Oosterbaan, Andrew Subject: Epstein update Bob and Rolando — Just wanted to let you know that I gave the indictment package to Karen yesterday. If you want a preview before her edits, or if you just want to start reading the pros memo, please let me know. 1592 08-80736-CV-MARRA P-014576 EFTA00225113
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Thank you. A. Marie Vil!aloft Assistant U.S. Attorney 561 209-1047 1593 08-80736-CV-MARRA P-014577 EFTA00225114
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Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Thursday, February 21, 2008 10:42 AM To: Oosterbaan, Andrew Subject: RE: Epstein update fli Drew — Thank you for the update. Do you want an FBI presence at any meeting you set up? I can ask the SAC if he wants to attend (or if he wants someone higher up to attend). Please just let me know. Thank you. A. Ala& Viiigfinla Assistant U.S. Attorney 500 S. Australian Ave. Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Oosterbaan, Andrew Sent: Wednesday, February 20, 2008 3:50 PM To: Senior, Robert (USAFLS); Villafana, Ann Mane C. (USAFIS); Garcia, Rolando (USAFLS) Cc: Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS); Atkinson, Karen (USAFLS); Braden, Myesha Subject: RE: Epstein update Just to update — I have a call into Lefkowitz, but I haven't heard back from him. I'll try him again tomorrow if he hasn't called back by then. From: Senior, Robert (USAFLS) (mallto:Robert.Senlor@usdoj.gov] Sent: Wednesday, February 20, 2008 3:42 PM To: Villafana, Ann Marie C. (USAFLS); Garcia, Rolando (USAFLS) Cc: Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS); Atkinson, Karen (USAFLS); Braden, Myesha; Oosterbaan, Andrew Subject: RE: Epstein update I thought the pros memo and indictment that I read were good. We talked about rearranging and thinning out the overt acts in order to clarify the particular conduct. There were a few other smaller changes as well, but unless there are major changes to the pros memo or indictment that I reviewed, I will wait for Karen and Rolando to have a crack at it. From: Villafana, Ann Marie C. (USAFLS) Sent: Wednesday, February 20, 2008 3:19 PM To: Senior, Robert (USAFLS); Garcia, Rolando (USAFLS) Cc: Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS); Atkinson, Karen (USAFLS); Braden, Myesha; Oosterbaan, Andrew Subject: Epstein update Bob and Rolando — Just wanted to let you know that I gave the indictment package to Karen yesterday. If you want a preview before her edits, or if you just want to start reading the pros memo, please let me know. Thank you. 1596 08-80736-CV-MARRA P-014578 EFTA00225115
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A. Marie Villafafta Assistant U.S. Attorney 561 209-1047 • 1597 08-80736-CV-MARRA P-014579 EFTA00225116
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Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Thursday. February 21, 2008 10:35 AM To: Kuyrkendall, E N.; Richards, Jason R.; Santiago. Alan (LEO) Subject: FW: Epstein update FYI - Still don't kno‘‘ what is going to happen. but at least there finally is movement. A. Marie riikViala Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach. FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Oosterbaan, Andrew Sent: Wednesday, February 20, 2008 3:50 PM To: Senior, Robert (USAFLS); Villafana, Ann Marie C. (USAFLS); Garcia, Rolando (USAFLS) Cc: Acosta, Alex (USAFLS); Sloman, )eff (USAFLS); Atkinson, Karen (USAFLS); Braden, Myesha Subject: RE: Epstein update Just to update — I have a call into Lefkowitz, but I haven't heard back from him. I'll try him again tomorrow if he hasn't caned back by then. From: Senior, Robert (USAFLS) [mallto:Robert.Senior@usdoj.govj Sent: Wednesday, February 20, 2008 3:42 PM To: VIllafana, Ann Marie C. (USAFLS); Garcia, Rolando (USAFLS) Cc: Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS); Atkinson, Karen (USAFLS); Braden, Myesha; Oosterbaan, Andrew Subject: RE: Epstein update I thought the pros memo and indictment that I read were good. We talked about rearranging and thinning out the overt acts in order to clarify the particular conduct. There were a few other smaller changes as well, but unless there are major changes to the pros memo or indictment that I reviewed, I will wait for Karen and Rolando to have a crack at it. From: VIllafana, Ann Marie C. (USAFLS) Sent: Wednesday, February 20, 2008 3:19 PM To: Senior, Robert (USAFLS); Garcia, Rolando (USAFLS) Cc: Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS); Atkinson, Karen (USAFLS); Braden, Myesha; Oosterbaan, Andrew Subject: Epstein update Bob and Rolando — Just wanted to let you know that I gave the indictment package to Karen yesterday. If you want a preview before her edits, or if you just want to start reading the pros memo, please let me know. Thank you. A. Marie Villafana 1600 08-80736-CV-MARRA P-014580 EFTA00225117
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Assistant U.S. Attorney 561 209-1047 1601 08-80736-CV-MARRA P-014581 EFTA00225118
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Villafana, Ann Marie C. (USAFLS) From: Oosterbaan, Andrew Sent: Wednesday, February 20, 2008 3:50 PM To: Senior, Robert (USAFLS); Villafana, Ann Marie C. (USAFLS); Garcia, Rolando (USAFLS) Cc: Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS); Atkinson, Karen (USAFLS); Braden, Myesha Subject: RE: Epstein update Just to update — I have a call into Lefkowitz, but I haven't heard back from him. I'll try him again tomorrow If he hasn't called back by then. From: Senior, Robert (USAFIS) [mallto:Robert.Senlor@usdoj.gov] Sent: Wednesday, February 20, 2008 3:42 PM To: VIHelena, Ann Marie C. (USAFLS); Garcia, Rolando (USAFIS) Cc: Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS); Atkinson, Karen (USAFLS); Braden, Myesha; Oosterbaan, Andrew Subject: RE: Epstein update I thought the pros memo and indictment that I read were good. We talked about rearranging and thinning out the overt acts in order to clarify the particular conduct. There were a few other smaller changes as well, but unless there are major changes to the pros memo or indictment that I reviewed, I will wait for Karen and Rolando to have a crack at it. From: VIHelena, Ann Marie C. (USAFLS) Sent: Wednesday, February 20, 2008 3:19 PM To: Senior, Robert (USAFLS); Garcia, Rolando (USAFLS) Cc: Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS); Atkinson, Karen (USAFLS); Braden, Myesha; Oosterbaan, Andrew Subject: Epstein update Bob and Rolando — Just wanted to let you know that I gave the indictment package to Karen yesterday. If you want a preview before her edits, or if you just want to start reading the pros memo, please let me know. Thank you. A. Marie Villafafla Assistant U.S. Attorney 561 209-1047 1612 08-80736-CV-MARRA P-014582 EFTA00225119
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Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Wednesday, February 20, 2008 3:19 PM To: Senior, Robed (USAFLS); Garcia, Rolando (USAFLS) Cc: Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS); Atkinson, Karen (USAFLS); Braden, Myesha; Oosterbaan, Andrew Subject: Epstein update Bob and Rolando — Just wanted to let you know that I gave the indictment package to Karen yesterday. If you want a preview before her edits, or if you just want to start reading the pros memo, please let me know. Thank you. A. Marie Villafana Assistant U.S. Attorney 561 209-1047 Tracking: 1619 08-80736-CV-MARRA P-014583 EFTA00225120
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Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: ay, February 25, 2008 11:24 AM To: , Caroline (USAFLS) Subject: : uestion regarding use of Grand Jury Thank you. Caroline. It is most appreciated. A. Marie rillalitna Assistant U.S. Attorney 500 S. Australian Ave. Suite 400 West Palm Beach. FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Caroline (USAFLS) Sent: Mon ay, February 25, 2008 11:23 AM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Question regarding use of Grand Jury Marie: I see no need to change grand juries. Indeed, changing grand juries might suggest that something untoward occurred, which is not the case. Nor do I see a requirement to give a 404(6) type instruction. Let's not forget that the role of the grand is to investigate, and it is wholly appropriate that a grand jury in good faith pursued a line of investigathin that does not lead to indictment. That is a very different matter from presenting information pursuant to 404(b), to prove motive, lack of accident, etc. I share your instinct that just dropping six victims, and the draft proposed indictment, might call for some explanation, or at least acknowledgement, to the grand jury. It's always dicey, and not really desirable, to explain and share legal strategies with the grand jury. Perhaps you can simply tell them that the old draft proposed indictment is being withdrawn, and a different set of facts is being pursued, and ask them if they can set aside what they heard previously, and base a determination of probable cause solely on the new evidence. If any of them indicate inability to do so, perhaps they should be excused from consideration of this case; if that leaves you without a quorum, then you have a basis to go to a new grand jury.' I hope this helps; I'm available by phone as well. Carcrlime., EXHIBIT B-112 1546 08-80736-CV-MARRA P-014623 EFTA00225121
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