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FBI VOL00009
EFTA00227225
156 sivua
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C. (USAFLS) From: Sent: To: Cc: Subject: , C. (USAFLS) Wednesday, August 13, 2008 6:21 PM lefkowitz@kirldand.com Roy BLACK Electronic Copy of my Fax lay Here is a scanned version of the fax, in case you have already left. Lefkowitz 080813008.pdf A. Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 259 08-80736-CV_MARRA 002211 EFTA00227325
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C. (USAFLS) From: Jay Letkowitz PLefkowitz©kiricland.com] Sent: n d 13, 2008 4:40 PM To: C. (USAFLS) Are you reachable? Thanks — Jay 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 postmasterakirkland.com, and destroy this communication and all copies thereof, including all attachments. 266 08-80736-CV_MARRA 002212 EFTA00227326
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C. (USAFLS)
I•esday, August 13 ,
Sent:
C{ 2U 0S0A8
3
F L S2 )8
PM
From:
To:
Cc:
Subject:
Je rey pstein
Dear Roy -
Judge Marra has set us for a status conference tomorrow afternoon in Jane Doe I. United States. Given Judge
Marra's past rulings, I anticipate that he may order us to turn over the agreement, so we need to get this issue
resolved today, if at all possible.
Thank you,
A.
Assistant U.S. Attorney
500 S. Australian Ave, Suite 400
West Palm Beach, FL 33401
Phone 561 209-1047
Fax 561 820-8777
Tracking:
267
08-80736-CV_MARRA
002213
EFTA00227327
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C. (USAFLS) From: .. C. (USAFLS) Sent: IL,. August 12, 2008 4:28 PM To: oBL Int Cc: Subject: Full Agreement Hi Roy — This is what I have provided to Lanna as representing the full agreement and it is what I have described in my Declaration with the Court. Epstein Agrmt001.pdf Thank you. A. Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 272 08-80736-CV_MARRA 002214 EFTA00227328
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C. (USAFLS) From: Sent: To: Subject: Roy BLACK [RBLACK@royblack.comj 1. C. (USAFLS) 2008 3:45 PM Ok. I will call at 4:15 your time. Original Message From: " ) III C. (USAFLS)" < > To: Roy BLACK <RBLACK@royblack.com> Sent: 8/12/2008 3:42:04 PM Subject: Call Hi Roy - Karen is tied up until 4:15. Can we call you then? Or would you like to call us? A. Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 275 08-80736-CV MARRA 002215 EFTA00227329
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C. (USAFLS) From: C (USAFLS) Sent: Tuesday. August 12, 2008 3:42 PM To: Roy BLACK Subject Call Hi Roy — Karen is tied up until 4:15. Can we call you then? Or would you like to call us? A. Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 276 08-80736-CV_MARRA 002216 EFTA00227330
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C. (USAFLS) From: ■ C. (USAFLS) Sent: Tuesday, August 12. 2008 12:07 PM To: Roy BLACK Subject: RE: Jeffrey Epstein Hi Roy -- Can you give me a call? We need to discuss something. A. Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Original Message From: Roy BLACK [mailto:RBLACK@royblack.com) Sent: Monday, August 11, 2008 11:40 PM To: , III C. (USAFLS) Subject: Jeffrey Epstein : I have conferred with the lawyers on the team. They all thank you for agreeing to oppose any disclosure of the 9/24/07 agreement. We firmly believe this document is not discoverable in the civil cases. However if the court rules against you on this we request that you further ask that any disclosure be subject to a strong protective order prohibiting dissemination to anyone except counsel to the petitioners. We are particularly concerned because civil lawyers are more apt to publicize something like this than those of us who litigate on the criminal side of the docket. You may recall one lawyer standing on the bridge to palm beach railing over his misconceptions of the case. This is the typical vehicle they use to get more plaintiffs. You had also asked what documents were disclosed in the state court. As part of counsels obligation to fully disclose any promises or inducements which led to the plea agreement, the 9/24/07 agreement was filed with the court. It was filed under seal. Once again I want to re-assure you that Mr. Epstein and his counsel intend to stand by their agreements. If you or anyone in the USAO have any concern about a possible breach please call or email me again so we can discuss any dispute or misunderstanding and allay any concerns. Thanks again. Roy 279 08-80736-CV MARRA 002217 EFTA00227331
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ME C. (USAFLS) From: il. C. (USAFLS) Sent: Tuesday, August 12, 2008 11:12 AM To: Lanna Belohlavek Subject: Epstein Hi Lanna — Sorry to be a bother, but we need to file our response with the Court this week, so 1 really need a copy of what was filed in your case and also the procedures to obtain the transcript of the change of plea hearing. Thank you. A. Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 282 08-80736-CV_MARRA 002218 EFTA00227332
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C. (USAFLS) From: ■-C. (USAFLS) Sent: Tuesday. August 12. 2008 9:08 AM To: Roy BLACK Subject: RE: Jeffrey Epstein Roy, thank ou for your response and your assistance. I will forward your request to Lee, who is representing the United States in the civil suit. Can you please ask Jack Goldberger to send me an exact copy of what was filed under seal in the state court? I want to insure that all of us are presenting the same packet of documents as the final agreement. Regards, A. Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Original Message From: Roy BLACK [mailto:RBLACK@royblack.com] Sent: Monda Aiiist 11, 2008 11:40 PM To: C. (USAFLS) Subject: Jeffrey Epstein : I have conferred with the lawyers on the team. They all thank you for agreeing to oppose any disclosure of the 9/24/07 agreement. We firmly believe this document is not discoverable in the civil cases. However if the court rules against you on this we request that you further ask that any disclosure be subject to a strong protective order prohibiting dissemination to anyone except counsel to the petitioners. We are particularly concerned because civil lawyers are more apt to publicize something like this than those of us who litigate on the criminal side of the docket. You may recall one lawyer standing on the bridge to palm beach railing over his misconceptions of the case. This is the typical vehicle they use to get more plaintiffs. You had also asked what documents were disclosed in the state court. As part of counsels obligation to fully disclose any promises or inducements which led to the plea agreement, the 9/24/07 agreement was filed with the court. It was filed under seal. Once again I want to re-assure you that Mr. Epstein and his counsel intend to stand by their agreements. If you or anyone in the USAO have any concern about a possible breach please call or email me again so we can discuss any dispute or misunderstanding and allay any concerns. Thanks again. Roy Tracking: 283 08-80736-CV MARRA 002219 EFTA00227333
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Mi• C. (USAFLS) From: Roy BLACK [RBLACK©royblack.com] Sent: litat 2008 11:40 PM To: =I C. (USAFLS) Subject: Je reyEpstein : I have conferred with the lawyers on the team. They all thank you for agreeing to oppose any disclosure of the 9/24/07 agreement. We firmly believe this document is not discoverable in the civil cases. However if the court rules against you on this we request that you further ask that any disclosure be subject to a strong protective order prohibiting dissemination to anyone except counsel to the petitioners. We are particularly concerned because civil lawyers are more apt to publicize something like this than those of us who litigate on the criminal side of the docket. You may recall one lawyer standing on the bridge to palm beach railing over his misconceptions of the case. This is the typical vehicle they use to get more plaintiffs. You had also asked what documents were disclosed in the state court. As part of counsels obligation to fully disclose any promises or inducements which led to the plea agreement, the 9/24/07 agreement was filed with the court. It was filed under seal. Once again I want to re-assure you that Mr. Epstein and his counsel intend to stand by their agreements. If you or anyone in the USAO have any concern about a possible breach please call or email me again so we can discuss any dispute or misunderstanding and allay any concerns. Thanks again. Roy 285 08-80736-CV MARRA 002220 EFTA00227334
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C. (USAFLS) From: Sent: To: Cc: Subject: P., ugusm C. (USAFLS) rday t 08, 2008 5:25 PM Lanna B messages Thank you, Lanna. f think we are going to have to produce a copy of the agreement in a suit pending in the federal court, and 1 want to make sure that we are using the same document in both courthouses. Thank you again, and have a good weekend. A. Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Lanna Belohlavek [mailto:Lbelohla@sa15.state.fLus] Sent: Friday. luta, 2008 5:13 PM To: C. (USAFLS) Subject: messages Have gotten your messages but have been swamped and am just getting out of court. I will get with you on Monday. Have a good weekend. Lanna Tracking: 289 08-80736-CV_MARRA 002221 EFTA00227335
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C. (USAFLS) From: , C. (USAFLS) Sent: My ,PRI. 2008 4:36 PM To: Roy BLACK Subject: RE: Notification of Possible Compelled Disclosure of theNon-Prosecution Agreement Thank you, Roy. Your help is greatly appreciated. A. Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Original Message From: Roy BLACK [mailto:RBLACK@royblack.com] Sent: Thursday, August 07, 2008 4:34 PM To: , III C. (USAFLS) Subject: Re: Notification of Possible Compelled Disclosure of theNon-Prosecution Agreement I am working on this and will get back to you. Original Message From: " III C. (USAFLS)" < To: Roy BLACK <RBLACKa1ro black.com> Cc: (USAFLS) Cc: Sent: 8/7/2008 3:57:52 PM Subject: Notification of Possible Compelled Disclosure of the Non-Prosecution Agreement Dear Roy: In accordance with paragraph 13 of the Non-Prosecution Agreement, I am providing notice of possible compulsory process commanding the disclosure of the Agreement. As I'm sure you know, two of Mr. Epstein's victims have filed suit against the United States alleging that the government violated their rights as victims by not consulting them prior to entering into the Non-Prosecution Agreement. As part of their response to one of the government's filings, the victims asked the Court to order the production of the Non-Prosecution Agreement. The deadline for the government to respond is August 15th and we intend to oppose the motion based upon the confidentiality provision. I have attached a copy of the victims' pleading for your review. In connection with this, we want to make certain that we are making consistent representations to the judiciary regarding the contents of the Agreement. I know 291 08-80736-CV MARRA 002222 EFTA00227336
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that Jack Goldberger filed the Agreement under seal in the state court in accordance with the state judge's order. Can you provide us with a copy of what Jack filed, so that, if we are ordered by the federal court to disclose the agreement, it is exactly the same as what has been filed in the state court? Thank you again for your assistance. Regards, «DE19_080801_Victims' Resp to Notice.pdf» A. Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Tracking: 292 08-80736-CV MARRA 002223 EFTA00227337
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C. (USAFLS) From: Roy BLACK [RBLACK©royblack.com] Sent: , 2008 414 PM To: IIi: C. (USAFLS) Subject: e:Notification o ossible Compelled Disclosure of theNon-Prosecution Agreement I am working on this and will get back to you. Original Message From: " III C. (USAFLS)" < To: Roy BLACK <RBLACK@royblack.com> Cc: (USAFLS) Lee < Cc: Sent: 8/7/2008 3:57:52 PM Subject: Notification of Possible Compelled Disclosure of the Non-Prosecution Agreement Dear Roy: In accordance with paragraph 13 of the Non-Prosecution Agreement, I am providing notice of possible compulsory process commanding the disclosure of the Agreement. As I'm sure you know, two of Mr. Epstein's victims have filed suit against the United States alleging that the government violated their rights as victims by not consulting them prior to entering into the Non-Prosecution Agreement. As part of their response to one of the government's filings, the victims asked the Court to order the production of the Non-Prosecution Agreement. The deadline for the government to respond is August 15th and we intend to oppose the motion based upon the confidentiality provision. I have attached a copy of the victims' pleading for your review. In connection with this, we want to make certain that we are making consistent representations to the judiciary regarding the contents of the Agreement. I know that Jack Goldberger filed the Agreement under seal in the state court in accordance with the state judge's order. Can you provide us with a copy of what Jack filed, so that, if we are ordered by the federal court to disclose the agreement, it is exactly the same as what has been filed in the state court? Thank you again for your assistance. Regards, «DE19_080801_Victims' Resp to Notice.pdf» A. Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 294 08-80736-CV MARRA 002224 EFTA00227338
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Phone 561 209-1047 Fax 561 820-8777 295 08-80736-CV MARRA 002225 EFTA00227339
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From: Sent: To: Cc: Subject: Dear Roy: C. (USAFLS) ur .t, August 07C2001:31/4F5L8SPM otification of ossi Compelled isclosure o the Non-Prosecution Agreement In accordance with paragraph 13 of the Non-Prosecution Agreement, lam providing notice of possible compulsory process commanding the disclosure of the Agreement. As I'm sure you know, two of Mr. Epstein's victims have filed suit against the United States alleging that the government violated their rights as victims by not consulting them prior to entering into the Non-Prosecution Agreement. As part of their response to one of the government's filings, the victims asked the Court to order the production of the Non-Prosecution Agreement. The deadline for the government to respond is August 15th and we intend to oppose the motion based upon the confidentiality provision. I have attached a copy of the victims' pleading for your review. In connection with this, we want to make certain that we are making consistent representations to the judiciary regarding the contents of the Agreement. I know that Jack Goldberger filed the Agreement under seal in the state court in accordance with the state judge's order. Can you provide us with a copy of what Jack filed, so that, if we are ordered by the federal court to disclose the agreement, it is exactly the same as what has been filed in the state court? Thank you again for your assistance. Regards, DE19 .080801 ji tims' Rasp to N.. A. Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Tracking: 296 08-80736-CV_MARRA 002226 EFTA00227340
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C. (USAFLS) From: Roy BLACK [RBLACK@royblack.com) Sent: tin 06,(u20s0A8F1L:s4)9 PM To: C Subject: Re: Follow-up on last week's call Ok. Will do. Original Message From: " , III C. (USAFLS)" < To: Roy BLACK <RBLACK@royblack.com> Cc: Sent: 8/6/2008 1:38:23 PM Subject: RE: Follow-up on last week's call Hi Roy -- Hope your trip is going well. Are you available today at 4:30 Eastern (1:30 Pacific)? If so, please call my office at the number below, and Karen and I can both be reached there. Thank you. A. Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Original Message From: Roy BLACK [mailto:RBLACK®royblack.com] Sent: Tuesday, August 05, 2008 11:40 PM To: C. (USAFLS) Cc: Subject: Re: Follow-up on last week's call I just got back to my computer. Sorry it took awhile to respond. I am available tomorrow to call you. Let me know what time to call. Remember I am 3 hours behind you so email me the time in the am and I will call. Thanks Roy >> > ' C. (USAFLS)" < 08/05/08 1:01 PM >>> Hi Roy - Are you available late this afternoon to do a follow-up on last week's call? If today does not work, can you let us know about your availability tomorrow, as well? Thank you. 306 08-80736-CV MARRA 002227 EFTA00227341
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A. Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 307 08-80736-CV MARRA 002228 EFTA00227342
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C. (USAFLS) From: Roy BLACK (RBLACK@royblack.com] Sent 2008 11A0 PM To: SAFLS) Cc: Subject: a. o up on ast week's call I just got back to my computer. Sorry it took awhile to respond. I am available tomorrow to call you. Let me know what time to call. Remember I am 3 hours behind you so email me the time in the am and I will call. Thanks Roy >» ' C. (USAFLS)" < 08/05/08 1:01 PM >>> Hi Roy - Are you available late this afternoon to do a follow-up on last week's call? If today does not work, can you let us know about your availability tomorrow, as well? Thank you. A. Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 313 08-80736-CV MARRA 002229 EFTA00227343
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C. (USAFLS) From: El C. (USAFLS) Sent: Tuesday, August 05, 2008 3:29 PM To: Lanna Belohlavek (lbelohla@sa15.statelLus) Subject: Question re Epstein — Sorry to bother Hi Lanna — Sorry to bother you, but a question has come up over here. I know that you filed the Non- Prosecution Agreement with the United States. Did you file the version that I emailed to you (the three-part agreement) or a different version? Thank you. A. Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 318 08-80736-CV_MARRA 002230 EFTA00227344