This is an FBI investigation document from the Epstein Files collection (FBI VOL00009). Text has been machine-extracted from the original PDF file. Search more documents →
FBI VOL00009
EFTA00184224
982 pages
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Case 9:08-cv-80736-KAM Document 361-49 Entered on FLSD Docket 02/10/2016 Page 1 of 3 r k i EXHIBIT 49 EFTA00184664
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Case 9:08-cv-80736-KAM Document 361-49 Entered on FLSD Docket 02/10/2016 Page 2 of 3 U.S. Department of Justice United States Attorney Southern District of Florida t ALEXANDER ACOSTA UNIIVISTATESATIORNEY VIA FACSIMILE Lilly Ann Sanchez, Esq. Fowler White Burnett 1395 Brickell Ave Fl 14 Miami Florida 33131-3300 Re: Jeffrey Epstein 99 ME. Slheti Miens& FL 33132 August 3, 2007 Dear Lilly: Thank you for your letter of August r° regarding your proposal on how to resolve the Epstein matter. As we explained at our meeting on July 31, 2007, the Office believes that the federal interest will not be vindicated in the absence of a two-year term of state imprisonment for Mr. Epstein. That offer was not meant as a starting point for negotiations, it is the minimum term of imprisonment that will obviate the need for federal prosecution. The Office has never agreed that a state prison sentence is not appropriate for Mr. Epstcin. Rather we simply stated that if Mr. Epstein preferred to serve his sentence in a federal penetentiary, we would be willing to explore a federal conviction that may allow that in lieu of any state resolution. Further, as I made clear in our follow up telephone conversation after the meeting, a plea to two federal misdemeanors was never extended or meant as an offer. We also would reiterate that the agreement to Section 2.255 liability applies to all of the minor girls identified during the federal investigation, not just the 12 that form the basis of an initial planned charging instrument. As you know, the ability to engage in flexible plea negotiations is dramatically changed up6n the return of an indictmeht. Once an indictment is returned, the Office does not intend to file a Superseding Information containing a lesser charge or to dismiss the case in favor of state prosecution. 08-80736-CV-MARRA RFP WPB 001479 EFTA00184665
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Case 9:08-cv-80736-KAM Document 361-49 Entered on PLED Docket 02/10/2016 Page 3 of 3 LILLY ANN SANCHEZ, ESQ. AUGUST 3,2007 PAGE 2 Please let us know our client's decision by no later than August 17. I have conferred with U.S. Attorney who has asked me to communicate that the two-year term of incarceration is a non-negotiable minimum to vindicate a federal interest, and, at this time, he is not inclined to meet with counsel for Mr. Epstein. Sincerely, United States Attorney cc: Roy Black Gerald B. Lefcourt Jeffrey Andrew Lourie B)N-c)N- \\--O Matthew Chief, Criminal Division 08-80736-CV-MARRA RFP WPB 001480 EFTA00184666
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Case 9:08-cv-80736-KAM Document 361-50 Entered on FLSD Docket 02/10/2016 Page 1 of 7 EXHIBIT 50 EFTA00184667
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Case 9:08-cv-80736-KAM Document 361-50 Entered on FLSD Docket 02/10/2016 Page 2 of 7 . (USAFLS) From: . (USAFLS) ent: Londay, Septe 10, 2007 5:23 PM ercourt , Jeff (USAFLS); Lourie, Andrew (USAFLS) Subject: e rey Epstein Gerry: As per your discussion with U.S. Attorney I have attached the Office's written counterproposal. If you have any questions regarding its leans, please do not hesitate to call. 070910 Epstein On-Prosecution.. A. Assistant U.S. Attorric Tracking: 1 RFP MIA 000058 EFTA00184668
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Case 9:08-cv-80736-KAM Document 361-50 Entered on FLSD Docket 02/10/2016 Page 3 of 7 Recipient Read Gerald Lefcourt Sloman, Jeff (USAFLS) Read: 9110/2007 5:23 PM Lourie, Andrew (USAFLS) Read: 0J10/2007 10:47 PM Vera, E.J. (USAFLS) 2 RFP MIA 000059 EFTA00184669
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Case 9:08-cv-80736-KAM Document 361-50 Entered on FLSD Docket 02/10/2016 Page 4 of 7 IN RE: INVESTIGATION OF JEFFREY EPSTEIN I NON-PROSECUTION AGREEMENT IT APPEARING that Jeffrey Epstein (hereinafter "Epstein") has committed offenses against the United States from in or around 2001 through in or around October 2005, including: (I) knowingly and willfully conspiring with others known and unknown to commit an offense against the United States, that is, to use a facility or means of interstate or foreign commerce to knowingly persuade, induce, or entice minor females to engage in prostitution, in violation of Title 18, United States Code, Section 2422(b); all in violation of Title 18, United States Code, Section 371; (2) knowingly and willfully conspiring with others known and unknown to travel in interstate commerce for the purpose of engaging in illicit sexual conduct, as defined in 18 U.S.C. § 2423(0, with minor females, in violation of Title 18, United States Code, Section 2423(b); all in violation of Title 18, United States Code, Section 2423(e); (3) using a facility or means of interstate or foreign commerce to knowingly persuade, induce, or entice minor females to engage in prostitution; in violation of Title 18, United States Code, Sections 2422(b) and 2; (4) traveling in interstate commerce for the purpose of engaging in illicit sexual conduct, as defined in 18 U.S.C. § 2423(f), with minor females; in violation of Title 18, United States Code, Section 2423(b); and (5) knowingly, in and affecting interstate and foreign commerce, recruiting, enticing, and obtaining by any means a person, knowing that the person had not attained the age of 18 years and would be caused to engage in a commercial sex act as defined in 18 U.S.C. § 1591(c)(I); in violation of Title 18, United States Code, Sections 1591(a)(I) and 2; and IT APPEARING that Epstein has accepted responsibility for his behavior by his signature on this Agreement; and Page 1 of 4 RFP MIA 000060 EFTA00184670
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Case 9:08-cv-80736-KAM Document 361-50 Entered on FLSD Docket 02/10/2016 Page 5 of 7 IT APPEARING, after an investigation of the offenses and Epstein's background, that the interest of the United States and Epstein's own interest and the interest of justice will be served by the following procedure; THEREFORE, on the authority of , United States Attorney for the Southern District of Florida, prosecution in this District for these offenses shall be deferred in favor of prosecution by the State of Florida, provided that Epstein abides by the following conditions and the requirements of this Agreement set forth below. Should Epstein violate any of the conditions of this Agreement, the United States Attorney may at any time initiate prosecution against Epstein for any offense. In this case, the United States Attorney will furnish Epstein with notice specifying the condition(s) of the Agreement that he has violated. After timely fulfilling all the terms and conditions of the Agreement, no prosecution for the offenses set out on page I of this Agreement will be instituted in this District, and the charges against Epstein if any, will be dismissed. Terms of the Agreement: 1. Epstein shall plead guilty (not nob contendere) to an Information filed by the State Attorney's Office for the 15th Judicial Circuit in and for Palm Beach County (hereinafter, the "State Attorney's Office")charging violations of the following Florida Statutes: (a) (b) lewd and lascivious battery on a child, in violation of Fl. Stat. 800.04(4); solicitation of minors to engage in prostitution, in violation of Fl. Stat. 796.03; and (c) engaging in sexual activity with minors at least sixteen years of age, in violation of Fl. Stat. 794.05. 2. Epstein and the State Attorney's Office shall make a joint, binding recommendation that the Court impose a thirty (30) month sentence to be divided as follows: (a) Epstein shall begin by serving at least twenty (20) months in prison, without any opportunity for withholding adjudication or sentencing, and without probation or community control in lieu of imprisonment; and (b) following the term of imprisonment, Epstein shall serve ten (10) Page 2 of 4 RFP WA 000061 EFTA00184671
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Case 9:08-cv-80736-KAM Document 361-50 Entered on FLSD Docket 02/10/2016 Page 6 of 7 a months of community control. 3. Epstein shall waive all challenges to the Information filed by the State Attorney's Office and shall waive the right to appeal his conviction and sentence. 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 agrees that, if any of the victims identified in the federal investigation file suit pursuant to 18 U.S.C. § 2255, Epstein will not contest the jurisdiction of the U.S. District Court for the Southern District of Florida over his person and/or the subject matter, and Epstein 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. 6. The United States shall provide Epstein's attorneys with a list of the identified victims, which will not exceed forty, after Epstein has signed this agreement and has been sentenced. The United States shall make a motion with the United States District Court for the Southern District of Florida for the appointment of a guardian ad litem for the identified victims and Epstein's counsel may contact the identified victims through that counsel. 7. Epstein shall enter his guilty plea and be sentenced not later than September 28, 2007, and shall begin service of his sentence not later than October 15, 2007. 8. With credit for gain time, Epstein shall serve at least 17 months in a state correctional institution. 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. 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 provides 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 Crimi nal 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 Page 3 of 4 RFP MIA 000062 EFTA00184672
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Case 9:08-cv-80736-KAM Document 361-50 Entered on FLSD Docket 02/10/2016 Page 7 of 7 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. 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 Non-Prosecution Agreement and agrees to comply with them. Dated: JEFFREY EPSTEIN Dated: GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN Dated: UNITED STATES ATTORNEY Page 4 of 4 RFP MIA 000063 EFTA00184673
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Case 9:08-cv-80736-KAM Document 361-51 Entered on FLSD Docket 02/10/2016 Page 1 of 3 EXHIBIT 511 ( EFTA00184674
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Case 9:08-cv-80736-KAM Document 361-51 Entered on FLSD Docket 02/10/2016 Page 2 of 3 (USAFLS) i ron fr Jay Lefkowitz PLeflowltz(gkIrkland.com] t c Wednesday. September 12, 2007 5:55 PM .(USAFLS) c: Laurie, Andrew (USAFLS) Subject: Re: Jeffrey Epstein - meant to copy you on my first attempt to respond to M. We appreciate the courtesy of today's meeting and your agreement and M. •We understand the concerns you are raising and will work over the next few days to come up with a mutually acceptable solution. I will speak with you no later than Monday, and in the interim, if we come up with a solution, we will be in touch with you. Best, Jay coal ----- From: a Ann C. XUSAFLS\)" I Sent: 09/12/2007 03:43 PM AST To: Jay Lefkowitz Cc: "Laurie, Andrew XUSAFL.S1)" Subject: Jeffrey Epstein lik — It was nice seeing you again. and I talked with I and Jeff. We are all satisfied in principle with the agreement, but the Office is unc 'table with the rec nded federal charge. Specifically, we are concerned about the effect of taking the position that Mr. Epstein's house is in the special maritime and territorial jurisdiction of the United States, and we have no evidence of any assaults occurring either on Mr. Epstein's plane or offshore from his residence. We are hoping that you can find an alternative federal statute that can be used. I also will wait to hear from Jack Goldberger to discuss logistics. Thank you. A. Assistant U.S. Attorney 4, RFP MIA 000072 EFTA00184675
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Case 9:08-cv-80736-KAM Document 361-51 Entered on FLSD Docket 02/10/2016 Page 3 of 3 *********************************** ************ ************ The information contained in this communication is 4 fi attorney-client dential, may be atto e ey-client privileged, may stitute inside inforrnation, and is intended only for 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. ******** ***** ***** ** ***** ********************************** 2 RFP MIA 000073 EFTA00184676
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Case 9:08-cv-80736-KAM Document 361-52 Entered on FLSD Docket 02/10/2016 Page 1 of 10 EXHIBIT 52 EFTA00184677
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Case 9:08-cv-80736-KAM Document 361-52 Entered on FLSD Docket 02/10/2016 Page 2 of 10 D vs. JEFFREY EPSTEIN; Defendant. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA. CASE NO. 18 U.S.C. § 403 18 U.S.C. § 113(a)(5) UNITED STATES ORRICA A INFORMATION The United States Attorney charges that: COUNT 1 In or around August 2006, in Palm Beach CoE. , in the Southern District of Florida,. ajd _ elsewhere, the defendant, JEFFREY EPSTEIN, T did knowingly and intentionally violate the privacy protection acco y 18 U.S.C. § 3509 to a child victim, that is, Jane Doe #1; in violation of Title 18, United Stat Code, Sections 403 and 2. COUNT 7 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, 08-80736-CV-MARRA RFP WPB 000066 EFTA00184678
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Case 9:08-cv-80736-KAM Document 361-52 Entered on FLSD Docket 02/10/2016 Page 3 of 10 did knowingly commit a simple assault on a person who was over the age of 16 years, that is, in violation of Title 18, United States Code, Section 113(a)(5). D V11,IA FARA ASSISTANT UNITED STATES ATTORNEY A T 2 08-80736-CV-MARRA RFP WPB 000067 EFTA00184679
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Case 9:08-cv-80736-KAM Document 361-52 Entered on FLSD Docket 02/10/2016 Page 4 of
10
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
D
Case No.
UNITED STATES OF AMERICA
vs.
JEFFREY EPSTE
Defen
•
PLEA AGREEMENT
The United States Attorney for e Southern District of Florida ("the United States"),
and Jeffrey Epstein (hereinafter r
to as the "defendant") enter into the following
agreement:
1.
The defendant agrees to plead guilty to the Information which charges the
the
as follows: Count I charges that the d fendant 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,
ample
in an airplane over the high seas, did knowingly commit
assault on a person
who was over the age of 16 years, that is,
in violation of Title 18, United States Code,
Section 1 13(a)(5).
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
08-80736-CV-MARRA
RFP WPB 000068
EFTA00184680
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Case 9:08-cv-80736-KAM Document 361-52 Entered on FLSD Docket 02/10/2016 Page 5 of 10 "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 fr m the advisory sentencing guideline range that it has computed, and may raise or lower th 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 te 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 1thin 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. 3. The defendant further understands and acknowled es that, as to Count 1 of the p Information, the Court may impose a statutory maximum term of r prisonment 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 08-80736-CV-MARRA REP WPB 000069 EFTA00184681
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Case 9:08-cv-80736-KAM Document 361-52 Entered on FLSD Docket 02/10/2016 Page 6 of 10 sentencing. 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$100,000. 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 k 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 understands that the amount of res in ion owed to each victim will be 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 r, wed by two (2) years of supervised 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 08-80736-CV-MARRA REP WPB 000070 EFTA00184682
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Case 9:08-cv-80736-KAM Document 361-52 Entered on FLSD Docket 02/10/2016 Page 7 of 10 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 appom 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 Beach County State Attorney's Office charging an offense for which the 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 (30) months, to be divided as 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 p 'on or community control in lieu of ph imprisonment; and (b) following the term of imprisonment, the defendant shall serve ten (10) months of community control/home confinement with electronic T monitoring. 9. The defendant agrees to waive all challenges to the Information filed by the State Attorney's Office and to waive 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 08-80736-CV-MARRA RFP WPB 000071 EFTA00184683