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 361-13 Entered on FLSD Docket 02/10/2016 Page 9 of 12 States further agrees to 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 the defendant's counsel ma contact the identified victims through that guardian. The defendant agrees to plead guilty (not nob contendere) to an Information filed by the Palm Beach County State Attorney's Office charging an offense for which the defendant must register as a sex offender, that is, solicitation of minors to engage in prostitution, in violation of Fl. Stat. 796.03. The defendant agrees tha nd the Palm Beach County State Attorney's Office will make a joint, binding recommendati t the Court impose a sentence of at least thirty (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 wit olding adjudication or sentencing, and without probation or commun c trol in lieu of imprisonment; and (b) following the term of imprisonment, the defendant shall serve ten (10) months ofcommunity control/home confinement with electronic monitoring. 9. The defendant agrees to waive all challenges to the ation filed by the State Attorney's Office and to waive the right to appeal his conviction an entente in the state court. 10. The defendant agrees that he will provide to the U.S. Attorney's Office copies of all proposed agreements with the Palm Beach County State Attorney's Office prior to entering into those agreements. 11. The United States reserves the right to inform the Court and t :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 Page 4 of 7 RFP MIA 000084 EFTA00184324
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Case 9:08-cv-80736-KAM Document 361-13 Entered on F LSD Docket 02/10/2016 Page 10 of 12 • • • defendant and the defendant's background, and to respond to any questions from the Court and the Probation Office and to any misstatements of fact or law. Subject only to the express terms agreed-upon sentencing recommendations contained in this Agreement, this Office reserves the right to make any recommendation as to the quality and quantity of punishment. 12. The defendant is aware that the sentence has not yet been determined by the R.an Court. The defendant also is awar t y estimate of the probable sentencing range or sentence that the defendant may receive, whether that 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 govenvr n makes to the Court as to sentencing, whether pursuant to this agreement or otherwise, is not binding on the Court and the Court may disregard the recommendation in its entirety. The defendant understands and acknowledges, as previously acknowledged in paragraph 2 abov t the defendant may not withdraw his plea based upon the Court's decision no o accept a sentencing recommendation made by the defendant, the government, or a recommendation made jointly by both the defendant and the government. 13. WAIVER OF RIGHT TO APPEAL AND COLLATERALL TACK THE SENTENCE. 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 Page 5 of 7 RFP MIA 000085 EFTA00184325
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Case 9:08-cv-80736-KAM Document 361-13 Entered on FLSD Docket 02/10/2016 Page 11 of 12 defendant hereby waives all rights conferred by Section 3742 to appeal any sentence imposed, including any restitution order, or to appeal the manner in which the sentence was impos ess the sentence exceeds the maximum permitted by statute or is the result of D an upw eparture or upward variance from the guideline range that the Court establishes at sentencing. The defendant further voluntarily 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 on 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. § 3771. 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(b). However, if the United States appeals the defendant's sentence pursuant to Section 3742 the defendant shall be released from the above waiver of appellate rights. By signing this agreement, the 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 on 's obligations under this Plea Agreement, the United States, and only the United States, y elect to be released from its commitments under this Plea Agreement. If the United States elects to void the Plea Agreement because of a breach by the defendant, then the United States agrees not to use the r d defendant's guilty plea against him. However, the United States may prosecute ti efendant for any and all 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 Page 6 of 7 RFP MIA 000086 EFTA00184326
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Case 9:08-cv-80736-KAM Document 361-13 Entered on FLSD Docket 02/10/2016 Page 12 of 12 • • • trial defense to such a prosecution, except to the extent that such a defense exists as of the date he signs this Plea Agreement. Finally, the defendant understands that his violation of the te D this Plea Agreement would not entitle him to withdraw his guilty plea. This is the entire agreement and understanding between the United States and the defendant. There are no other agreements, promises, representations, or understandings. Date: Date: By: UNITED STATES ATTORNEY JEFF PSTEIN, DEFENDANT Date: By: JAY LEFKOWITZ, ESQ. ATTORNEY FOR DEFENDANT Page 7 of 7 T RFP MIA 000087 EFTA00184327
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Case 9:08-cv-80736-KAM Document 361-14 Entered on FLSD Docket 02/10/2016 Page 1 of 2 EXHIBIT 14 EFTA00184328
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Case 9:08-cv-80736-KAM Document 361-14 Entered on FLSD Docket 02/10/2016 Page 2 of 2 .(USAFLS) From: ll oe:ott Subject: (USAFLS) Friday, September 14, 2007 9:56 AM 'Jay Lefkowilz' RE: Follow up Sorry, Jay. I just got this and have to run off to the hospital. I will revise and re-email you tomorrow or late tonight. Assistant U.S. Attorney Original Message From: Jay Lefkowitz [mailto0Lefkowitz@kirkland.com] Sent: Friday, September 14, 2007 9:40 AM To: . (USAFLS) Subject: Follow up Confidential lin arie - thanks very much for speaking this am. Have ferred with my client and I think we are on the same ge. When you send me your draft today, would you please also include a paragraph with 403 in lieu of 1512. I want to understand better how you would characterize the 403 violation. (What was actually said?). I want to keep studying that avenue today as well. The other possible option is to charge three 1135. Also, one other idea. Can you look at 47 use 227(b), which is another 6 month statute which might work for the 6 months. We could do three of them, and they seem to fit the facts well. I will call you late this pm (if you leave me a number to reach you), and then we can plan on getting this done Monday. 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 Ilk nd may be unlawful. If you have received this munication in error, please notify us immediately by urn e-mail or by e-mail to postmasterikirkland.com, and destroy this communication and all copies thereof, including all attachments. RFP MIA 000088 EFTA00184329
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Case 9:08-cv-80736-KAM Document 361-15 Entered on FLSD Docket 02/10/2016 Page 1 of 11 ( ( EXHIBIT 15 EFTA00184330
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Case 9:08-cv-80736-KAM Document 361-15 Entered on FLSD Docket 02/10/2016 Page 2 of 11 r "Ann III want 0911512007 03:16 PM To lelkowItz@lerkland.com,jletkowitztakheland.corn cc bcc Subject JE negollations !E. I-Ii 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 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/MOW 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 c<< Attachment Informansm charging WO Cfnd 1_13.Ddr has been lirspiyagpimitt LIVSIrklanittEllIton '11/28/2007 01:0;57'. >» <44 t et Atgate greement v5.403 and 113 violations,0O has been archived by user toMmonStoretillKirkland-Ellift on '11/26/2007 >>>. 08-80736-CV-MARRA RIP WPB 000235 EFTA00184331
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Case 9:08-cv-80736-KAM Document 361-15 Entered on FLSD Docket 02/10/2016 Page 3 of 11 D UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 18 U.S.C. § 403 18 U.S.C. § 113(a)(5) UNITED STATES OF RICA vs. JEFFREY EPSTEIN, Defendant. A INFORMATION The United States Attorney charges that: COUNT I In or around August 2006, in Palm Beach Co , in the Southern District of Florida, and elsewhere, the defendant, JEFFREY EPSTEIN, ib did knowingly and intentionally violate the privacy protection accol y 18 U.S.C. § 3509 to a child victim, that is, Jane Doe #1; in violation of Title 18, United Sta ode, 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, 08-80736-CV-MARRA RFP WPB 000236 EFTA00184332
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Case 9:08-cv-80736-KAM Document 361-15 Entered on FLSD Docket 02/10/2016 Page 4 of 11 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 • R. ALEXANDER UNITED STATE inVILLAPARA A T UNITED STATES ATTORNEY A 2 F T 08-80736-CV-MARRA RFP WPB 000237 EFTA00184333
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Case 9:08-cv-80736-KAM Document 361-15 Entered on FLSD Docket 02/10/2016 Page 5 of
11
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No.
UNITED STATES OF AMERICA
vs.
JEFFREY EPSTEIll
DefendM-
PLEA AGREEMENT
The United States Attorney for he 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
defendant as follows: Count 1 charges that theFfendant 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 pple 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).
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
REP WPB 000238
EFTA00184334
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Case 9:08-cv-80736-KAM Document 361-15 Entered on FLSD Docket 02/10/2016 Page 6 of 11 "Sentencing Guidelines"). The defendant acknowledges and understands that the Court will compute an advisory sentence under the Sentencing Guidelines and that the applicable guideli 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, ilv the Court may depart om 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; t the Court is permitted to tailor the ul /A rte sentence in light of other statutory conceits, 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. 3. The defendant further understands and acknowledges 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 08-80736-CV-MARRA RFP WPB 000239 EFTA00184335
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Case 9:08-cv-80736-KAM Document 361-15 Entered on FLSD Docket 02/10/2016 Page 7 of 11 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 of D$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 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 understands that the amount of r on 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 fgtl;fwed 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 000240 EFTA00184336
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Case 9:08-cv-80736-KAM Document 361-15 Entered on FLSD Docket 02/10/2016 Page 8 of 11 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 appoin 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 Beacl County State Attorney's Office charging an offense for which the pa defendant must regi r s a sex offender, that is, solicitation of minors to engage in prostitution, 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 y (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 pr ion or community control in lieu of imprisonment; and (h) following the term of imprisonment, the defendant shall serve ten (10) months of community control/home confinement with electronic 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 000241 EFTA00184337
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Case 9:08-cv-80736-KAM Document 361-15 Entered on FLSD Docket 02/10/2016 Page 9 of 11 of all proposed agreements with the Palm Beach County State Attorney's Office prior to entering into those agreements. 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 defendant and the defe 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 tat 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 e i 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 08-80736-CV-MARRA Rip WPB 000242 EFTA00184338
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Case 9:08-cv-80736-KAM Document 361-15 Entered on FLSD Docket 02/10/2016 Page 10 of 11 by both the defendant and the government. 13. WAIVER OF RIGHT TO APPEAL AND COLLATERALLY ATTACK TELE S 4 tENCE. 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 R imposed, including an a stitution 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 fiuthjoluntarily 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. §j3 TV1. 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(b). However, if the United States appeals the defendant's sentence pursuant to Section 3742(b), the defendant shall be released from the above waiver of appellate rights. By signing this agreement,t efendant ack.nowledges 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 Pago 6 of 7 08-80736-CV-MARRA RFP WPB 000243 EFTA00184339
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Case 9:08-cv-80736-KAM Document 361-15 Entered on FLSD Docket 02/10/2016 Page 11 of 11 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 any I 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 ►imitations 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 Pte cement. 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 agr nents, promises, representations, or understandings. Date: By: ER UNI TATES ATTORNEY Date: By: JEFFREY EPSTEIN, DEFENDANT T Date: By: JAY LEFKOWITZ, ESQ. ATTORNEY FOR DEFENDANT Pago 7 of 7 08-80736-CV-MARRA RFP WPB 000244 EFTA00184340
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Case 9:08-cv-80736-KAM Document 361-16 Entered on FLSD Docket 02/10/2016 Page 1 of 7 EXHIBIT 16 EFTA00184341
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ciratt rot 1 - cv-80736-KAM Document 361-16 Entered on FLSD Docket 02/10/2016 peg Gma i I:9 cooglc- Ana Fw: 1 message Jay < efkowitz kirkland.com> Sun, Sep 16, 2007 at 12:07 PM To: , Ann" - I would like you to take a look at these suggestions in the meantime. I tried to follow your format. I have not yet cleared all of this with my client. Thx --- Original Message -- From: jplefkowitz Sent: 09/16/2007 11:58 AM AST To: Jay Lefkowitz Email and AIM finally together. You've gotta check out free AOL Mail! - http://mail.aol.com *14* ******** *Melt*** ***** **IF** ***** ***** ****** le************ The ififart—riation contained frithiit-dr-ifirfunidatibri-iS - 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. igN epstein.doc nl 34K I I I 4 EFTA00184342
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Case 9:08-cv-80736-KAM Document 361-16 Entered on FLSD Docket 02/10/2016 Page 3 of 7 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; IT 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 Cod; Section 371 and 18 USC 2423(e); and (2) knowingly and willfully violating 18 USC 2422(b) and 2, 18 USC 2423(b), 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 , United States Attorney for the Southern District of Florida, prosecution of these offenses chall lie deferred in favor of prosecution by the State of Florida and prosecution of violations of 18 USC 1512(d) and 18 USC 371, 113(a)(5) by the United States, provided that Epstein abides by the following conditions and the requirements of this Agreement set forth below. 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. 08-80736-CV-MARRA RFP WPB 000108 EFTA00184343