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 361-16 Entered on FLSD Docket 02/10/2016 Page 4 of 7 Terms of the Agreement: 1. Epstein shall plead guilty to the criminal charge in the Indictment as currently pending against him in the 15th Judicial Circuit in and for Palm Beach County and in addition shall plead guilty to a 1 count Information filed by the State Attorney's Office charging a violation of the following Florida Statute: Procuring person under age of 18 for prostitution in violation of F.S.A. § 796.03. 2. Epstein and the State Attorney's Office shall make a joint, binding recommendation that the Court impose a sentence as follows: (a) Epstein shall enter a plea agreement with the State Attorney's Office forthwith and thereafter enter his plea of guilty to the Indictment (Case # 2006cf009495A3CXXMB) on a date after the date of imposition of his federal sentence as described in paragraph 5 and 6, infra but before the beginning of his term of federal imprisonment Epstein shall thereafter be required to enter his plea of guilty to the Information within 7 days after the completion of his federal term of imprisonment. (b) Following the term of federal imprisonment'Epstein shall be placed on three (3) years probation. (c) As a special condition to that probation, Epstein will serve the first (1) year in community control. (d) Following community control, Epstein shall serve the remaining two (2) years of Probation on the charge that presently pending in the state Indictment 3. Epstein shall waive all challenges to the Information filed by the State Attorney's Office and shall waive the right to appeal his conviction and sentence unless the Court imposes a sentence that exceeds the terms of the joint recommendation in which case Epstein reserves the right to withdraw his plea and to exercise at his sole election any other right to appeal 4. Epstein shall provide to the 'U.S. Attorney's Office copies of all proposed agreements with the State Attorney's Office prior to entering into those agreements; 5. Epstein shall plead guilty to an Information charging one (1) count charging a violation of 18 USC 1512(d) and one (1) count charging simple assault within the maritime and territorial jurisdiction of the United States in violation of 18 USC §113(a)(5) and 18 USC §7(5). 6. Epstein and the Government shall make a joint recommendation that the Court impose the maximum sentence of eighteen (18) months. Epstein, 08-80736-CV-MARRA RFP WPB 000109 EFTA00184344
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Case 9:08-cv-80736-KAM Document 361-16 Entered on FLSD Docket 02/10/2016 Page 5 of 7 acknowledging his right to appeal under 18 U.S.C. § 3742, hereby waives the rights conferred by § 3742 to appeal any sentence imposed, including any restitution order, or to appeal the manner in which the sentence was imposed, unless the sentence exceeds the maximum permitted by statute or is the result of an upward departure or upward variance from the guideline range that the Court establishes at sentencing. 7. Epstein shall enter his guilty plea to the federal Information no later than November 5, 2007. Epstein and the Government agree to submit an agreed statement of facts in lieu of the he-Sentence Investigation Report, which shall be waived, and Epstein and the Government agree that sentence shall be imposed on the date of plea, that Epstein be released on bail, that travel shall not be restricted during the period of bail and that Epstein be permitted to self- • report to the facility designated by the United States Bureau of Prisons to commence his sentence 75 days after sentencing. Epstein and the Government further agree that the Government shall not object to Epstein's request that the Court reconuneud to the Bureau of Prisons that Epstein be designated to serve his sentence at a federal prison camp; and • 8. Epstein agrees to fund a Trust set up in concert with the Government and under the supervision of the 15th Judicial Circuit in and for Palm Beach County. Epstein agrees that a Trustee will be appointed by the Circuit Court and that. funds from the Trust will be available to be disbursed at the Trustee's discretion to an agreed list of persons who seek reimbursement and make a good faith showing to the Trustee that they suffered injury as a result of the conduct of Epstein. Epstein waives his right to contest liability or damages up to an amount agreed to by the parties for any settlements entered into by the Trustee. Epstein's waiver is not to be construed as an admission of civil or criminal liability in regards to any of those who seek compensation from the Trust. After timely fulfilling the terms and conditions of this Agreement, the United States agrees that no prosecution will be instituted or initiated against Epstein for any and all criminal charges which might otherwise in the future be brought against Epstein that arise out of the ongoing FBI federal investigation for offenses that include but are not limited to those listed above that could be brought under 18 U.S.C. §2423(b),(e) and (f), 18 U.S.C. §2422(b), 18 U.S.C. §1591 or conspiracies or attempts to violate such statutes or for any other offense that is or has been the subject of the federal investigation being conducted by the Federal Bureau of Investigations and/or the United States Attorney's Office. Epstein's fulfilling the terms and conditions of the Agreement also precludes the initiation of any and all criminal charges which might otherwise in the future be brought against or any employee ofd for any criminal charge that arises out of the ongoing federal investigation as described above; Further, no immigration proceeding will be instituted against as a result of the ongoing investigation 08-80736-CV-MARRA RFP WPB 000110 EFTA00184345
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Case 9:08-cv-80736-KAM Document 361-16 Entered on FLSD Docket 02/10/2016 Page 6 of 7 Epstein's fulfilling the terms and conditions of the Agreement resolves any and all outstanding that have requested witness testimony and/or the production of documents and/or computers in relation to the investigation that is the subject of the Agreement. Each subpoena will be withdrawn upon the execution of the Agreement and will not be re-issued absent reliable evidence of a violation of the Agreement. Epstein and his counsel agree that the computers that are currently under will be safeguarded in their current condition by Epstein's counsel or their agents until the terms and conditions of the Agreement are fulfilled. Provided that Epstein does not breach this agreement, the Government agrees that it will not seek to initiate federal investigation or prosecution for conduct subject to this agreement. Epstein understands that the United States Attorney has no authority to require the State Attorney's Office to abide by any terms of this agreement. Epstein understands that it is his obligation to undertake discussion with the State Attorney's Office to ensure compliance with these procedures, which compliance will be necessary to satisfy the United States' interest, pursuant to the Petite policy. By signing this agreement, Epstein asserts and certifies that each of these terms is material to this agreement and is supported by independent consideration and that a breach of any one of these conditions allows the United States to elect to terminate the agreement and to investigate and prosecute Epstein for any and all federal offenses listed above at pg 1. By signing this agreement, Epstein asserts and certifies that he is aware of the fact that the Sixth Amendment to the Constitution of the United States provides that in all criminal prosecutions the accused shall enjoy the right to a speedy and public trial. Epstein father is aware that-Rule 4802) of the Federal Aules_of Criminal Procedure provides that the Court may dismiss an indictment, information, or complaint for unnecessary delay in presenting a charge to the Grand Jury, filing an information, or in bringing a defendant to trial. Epstein hereby requests that the United States Attorney for the Southern District of Florida defer such prosecution. Epstein agrees and consents that any delay from the date of this Agreement to the date of initiation of prosecution, as provided for in the terms expressed herein, shall be deemed to be a necessary delay at his own request, and he hereby waives any defense to such prosecution on the ground that such delay operated to deny him rights under Rule 48(b) of the Federal Rules of Criminal Procedure and the Sixth Amendment to the Constitution of the United States to a speedy trial or to bar the prosecution by reason of the running of the statute of limitations for a period of months equal to the period between the signing of this agreement and the breach of this agreement. Epstein further asserts and certifies that he understands that the Fifth Amendment and Rule 7(a) of the Federal Rules of Criminal Procedure provide that all felonies must be charged in an indictment presented to a grand jury. Epstein hereby agrees and consents that, if a prosecution against him is instituted, it may be by way of an information signed and filed by the United States Attorney, and hereby waives his right to be indicted by a grand jury. 08-80736-CV-MARRA RFP WPB 000111 EFTA00184346
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Case 9:08-cv-80736-KAM Document 361-16 Entered on FLSD Docket 02/10/2016 Page 7 of 7 By signing this Agreement, Epstein asserts and certifies that the above has been read and explained to him Epstein hereby states that he understands the conditions of this Agreement and agrees to comply with them. Dated: JEFFREY EPSTEIN Dated: GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN Dated: UNITED STATES ATTORNEY 08-80736-CV-MARRA RFP WPB 000112 EFTA00184347
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Case 9:08-cv-80736-KAM Document 361-17 Entered on FLSD Docket 02/10/2016 Page 1 of 2 ( ( E XHIBIT 17 EFTA00184348
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Case 9:08-cv-80736-KAM Document 361-17 Entered on FLSD Docket 02/10/2016 Page 2 of 2 (USAFLS) From: Jay Leolowitz (kelkowitz®Iiirkland com) Sent: nn eurmtemhPr 17, 2007 3.11 PM To: (USAFLS) Cc: Garcia. Rolando (USAFLS) Subject: Re My whereabouts Slagle - do )ou have :mother obstuct ion prulTcr I can icvicw that )vu have dished? Also. ilwc go that ionic. would wit uncurl to make the dc fen cd proscui ion ugrcancnt public" I hanks - Jay Alessupe From: Sent: t19 172007 III AS PSI AST fu: lay Lclkustitz Ce: 'Yi:ucia,Rolando Subject: Aly %%hi:mahouts HI lay — I am headed home. If a docum 's ready to be reviewed later today, can you send a copy to me and also to Rolando (who is stepping in for ). Please send to my home e-mail address' and give me a call on my cell so I can be ready for some discussions tomorrow. If anything else comes up, please don't hesitate to call. Thanks, the information contained in this communication is confidential. may be attorney-client privileged. may constitute inside intimation. and is intended only tiff the use of the addressee. It is the property of Kirkland & Ellis I.I.P or Kirkland & Ialis International I.LN. I Inatithorized use, disclosure or copying of ibis 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 ioposimasierw kirldand.com, and destroy this communication and all copies thereol including all attaehmcnis. 3132 08-80736-CV-MARRA RFP WPB-002188 EFTA00184349
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Case 9:08-cv-80736-KAM Document 361-18 Entered on FLSD Docket 02/10/2016 Page 1 of 13 EXHIBIT 18 ( EFTA00184350
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Case 9:08-cv-80736-KAM Document 361-18 Entered on FLSD Docket 02/10/2016 Page 2 of 13 Fax 09/18/2007 09:14 AM To "Jay Lefkowite eJLefkowitz®kirldand.com> CC Sub RE: Draft Agreements? ject Hi Jay — I know that the U.S. Attorney will not go below 18 months of prison/jail time (and I would strongly oppose the suggestion). A. 08-80736-CV-MARRA RFP WPB 000266 EFTA00184351
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Case 9:08-cv-80736-KAM Document 361-18 Entered on FLSD Docket 02/10/2016 Page 3 of 13 \(USAELSN)" To "Jay Lefkowitz" <JLefkowitz®Iciticht 09/18/2007 08:44 AM nd.com> CC Su Draft Agreements? bj ec t Hi Jay — I was hoping there would be things for me to read this morning, but I will try to remain patient. 08-80736-CV-/vIARRA RFP WPB 000267 EFTA00184352
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Case 9:08-cv-80736-KAM Document 361-18 Entered on FLSD Docket 02/10/2016 Page 4 of 13 I believe there are only two types of agreements that would apply to this case: (1) a plea agreement to a federal charge or charges; and (2) a non-prosecution agreement (which is really a deferred prosecution agreement because the defendant agrees that if he violates the agreement, the U.S. can prosecute him). A pica agreement is part of the court file. It is not accessible on-line via PACER, but someone can go to the Clerk's Office to obtain a copy. A non-prosecution agreement would not be made public or filed with the Court, but it would remain part of our case file. It probably would be subject to a FOIA request, but it is not something that we would distribute without compulsory process. On the obstruction charges, many of the facts I included in that rust proffer were hypothesized based upon our discussions and the agents' observations of: We will need to interview her to confirm the accuracy of those facts. On a second count, we could rely on the incident where Mr. Epstein's private investigators followed...1h father, forcing him off the road. Or, if there is something more recent related to any we could consider that. Hope that helps. A. Vfficiraffa Assistant U.S. Attorney **************************************4c*************** ***** Tho information contained in this conununication 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 08-80736-CV-MARRA RFP WPB 000268 EFTA00184353
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Case 9:08-cv-80736-KAM Document 361-18 Entered on FLSD Docket 02/10/2016 Page 5 of 13 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 postrnaster®lcirldand.com, and destroy this communication and all copies thereof, including all attachments. ****************************************************** ***** 07091812.22 pm Plea Agreement 1512 counts.wpd 08-80736-CV-MARRA RIP WPB 000269 EFTA00184354
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Case 9:08-cv-80736-KAM Document 361-18 Entered on FLSD Docket 02/10/2016 Page 6 of
13
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No.
UNITED STATES OF AMERICA
vs.
JEFFREY EPSTEIN,
Defendant.
PLEA AGREEMENT
The United States Attorney for the Southern District of Florida ("the United
States"), and Jeffrey Epstein (hereinafter referred to as the "defendant") enter into the
following agreement:
1.
The defendant agrees to plead guilty to a two-count Information which
charges the defendant as follows. Count 1 charges that the defendant intentionally
harassed another person, that is,
in an attempt to delay, prevent, and dissuade
from attending or testifying in an official proceeding, that is a
appearance in the Southern District of Florida, in violation of Title 18, United States
Code, Sections 1512(d)(2) and 2; and Count 2 charges that the defendant intentionally
harassed another person, that is,
in an attempt to delay, prevent, and dissuade
from reporting to a law enforcement officer of the United States the commission of a
federal offense; in violation of Title 18, United States Code, Sections 1512(d)(2) and 2.
2.
The defendant agrees and understands that the above charges involve his
conduct, and the conduct of others, between in and around early 2001 through in and
08-80736-CV-MARRA
RFP WPB 000270
EFTA00184355
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Case 9:08-cv-80736-KAM Document 361-18 Entered on FLSD Docket 02/10/2016 Page 7 of 13 around September 2007 involving a conspiracy to solicit minors to engage in prostitution and to travel in interstate commerce to engage in illicit sexual conduct. This agreement resolves the federal criminal liability of the defendant and any co-conspirators in the Southern District of Florida growing out of any criminal conduct by those persons known to the United States Attorney's Office for the Southern District of Florida as of the date of this plea agreement, including but not limited to the above-described scheme. 3. The United States agrees that, upon entry of the defendant's guilty plea, its Grand Jury investigation will be suspended, and all pending ( will be held in abeyance unless and until the defendant violates any term of this agreement, as explained in paragraph 19, Infra. The defendant likewise agrees to withdraw his pending motion to intervene and to quash certain The defendant further agrees that the current custodian of certain computer equipment shall maintain that evidence inviolate until all of the terms of this agreement have been satisfied. 4. The defendant is aware that the sentence will be imposed by the Court after considering the Federal Sentencing Guidelines and Policy Statements (hereinafter "Sentencing Guidelines"). The defendant acknowledges and understands that the Court will compute an advisory sentence under the Sentencing Guidelines and that the applicable guidelines will 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 from the advisory sentencing guideline range that it has computed, and may raise or lower that advisory 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 ultimate sentence in light of other statutory concerns, and such sentence may be either more severe or less 2 08-80736-CV-MARRA RFP WPB 000271 EFTA00184356
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Case 9:08-cv-80736-KAM Document 361-18 Entered on FLSD Docket 02/10/2016 Page 8 of 13 r- /• severe than the Sentencing Guidelines' advisory sentence. Knowing these facts, the defendant understands and acknowledges that the Court has the authority to impose any sentence within 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. 5. The defendant further understands and acknowledges that, as to each of Counts 1 and 2 of the Information, the Court may/ impose a statutory maximum term of imprisonment 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 as to each count. 6. 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 imposed on the defendant, which must be paid at or before the time of sentencing. 7. 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 restitution owed to each victim will be determined at or before sentencing. 8. The parties agree to jointly recommend that the defendant receive a sentence of eighteen (18) months' imprisonment, to be followed by two (2) years of supervised release; and a fine of $200,000. The parties' further agree to jointly recommend that the Court impose one year of home confinement as a special condition of supervised release. 9. 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 of Florida over his person 3 08-80736-CV-MARRA RFP WPB 000272 EFTA00184357
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Case 9:08-cv-80736-KAM Document 361-18 Entered on FLSD Docket 02/10/2016 Page 9 of 13 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 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 appointment of a guardian ad' item for the identified victims and the defendant's counsel may contact the identified victims through that guardian. 10. The defendant further understands and acknowledges that he must undertake certain actions with the State Attorney's Office for the 15th Judicial Circuit in and for Palm Beach County (hereinafter, "State Attorney's Office") in order to satisfy the United States' federal interest in the investigation and prosecution of his offenses, in accordance with the Justice Department's Petite policy. Epstein understands and acknowledges that the United States Attorney has no authority to require the State Attorney's Office to abide by any terms of this Agreement. Epstein understands that it is his obligation to undertake discussion with the State Attorney's Office to ensure compliance with these procedures. 11. In addition to entering a guilty plea in the instant case, the defendant agrees to plead guilty 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 must enter this guilty plea before he is sentenced on the federal offenses. 12. 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 eighteen (18) months' imprisonment to be followed by at least twelve (12) months of community control/home confinement to be served upon the defendant's release from 4 08-80736-CV-MARRA RFP WPB 000273 EFTA00184358
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Case 9:08-cv-80736-KAM Document 361-18 Entered on FLSD Docket 02/10/2016 Page 10 of 13 federal prison. Those sentences may run concurrently with the federal sentence imposed pursuant to this agreement. [NB: The other option is: The defendant and the Paint Beach County State Attorney's Office shall make a joint, binding recommendation that the Court impose a sentence of at least sixty (60) months' probation, which will include at least twelve (12) months of community control/home confinement to be served upon the defendant's release from federal prison.] 13. 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. 14. The defendant agrees to 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. 15. The defendant agrees that the timely completion of these actions 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. 16. 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 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 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, 17. 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 5 08-80736-CV-MARRA RFP WPB 000274 EFTA00184359
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Case 9:08-cv-80736-KAM Document 361-18 Entered on FLSD Docket 02/10/2016 Page 11 of 13 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 government 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 4 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 by both the defendant and the government. 18. WAIVER OF RIGHT TO APPEAL AND COLLATERALLY ATTACK 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 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 imposed, unless the sentence exceeds the maximum permitted by statute. 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 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. § 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(b), 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 6 08-80736-CV-MARRA RFP WPB 000275 EFTA00184360
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Case 9:08-cv-80736-KAM Document 361-18 Entered on FLSD Docket 02/10/2016 Page 12 of 13 agreement with his attorney. 19. 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 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 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 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 terms of this Plea Agreement would not entitle him to withdraw his guilty plea. 20. This is the entire agreement and understanding between the United States and the defendant. There are no other agreements, promises, representations, or understandings. / Date: By: Date: By: JEFFREY EPSTEIN, DEFENDANT Date: By: 7 08-80736-CV-MARRA RFP WPB 000276 EFTA00184361
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Case 9:08-cv-80736-KAM Document 361-18 Entered on FLSD Docket 02/10/2016 Page 13 of 13 GERALD LEFCOURT, ESQ. ATTORNEY FOR DEFENDANT 8 08-80736-CV-MARRA RIP WPB 000277 EFTA00184362
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Case 9:08-cv-80736-KAM Document 361-19 Entered on FLSD Docket 02/10/2016 Page 1 of 2 EXHIBIT 19 EFTA00184363