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 361-19 Entered on FLSD Docket 02/10/2016 Page 2 of 2 ( St 1: object: (USAFLS)_ (USAFLS) I uesday, September 8, 2007 12:44 PM 'Jay Lefkowiti RE. Draft Agreements? Hi Jay - It looks like I will be here all afternoon, but earlier is better than later. There arc a number of issues with your version. but one that you can look at before our call is the calculation of the guidelines on the I512(d) counts. The cross-reference to 2X3.1 applies, which then takes us to 2G1.3. Giving Mr. Epstein the benefit of the doubt (that they would treat this as though there were only one victim), he would have a base offense level of 24, plus 2 for a commercial sex act, totaling 26. Returning to 2X3.1, we would subtract 6 levels and subtract another 3 levels for acceptance for a total offense level of 17. With criminal history category of I, that results in 24 to 30 months, which is in Zone D. A. Villafafia Assistant U.S. Attorne From: Jay LefkowIt2 (mailto:ketkowitz@kirkland.com) Sent.; Tuesday. Sentemher 18, 2007 12:11 PM To: (USAFLS) 4 bject: RE: Draft Agreements? -- are you free for a call this afternoon? what time works best for you? Thanks •- Jay 09/18/100t 09.14 AM To 'Jay Letkohitt c:LorKowrzokirdand cons> cc Subiect RE: Draft Agreements? Hi Jay 1 know that the U.S. Attorney will not go below 18 months of prison/jail time (and I would strongly oppose the suggestion). A. Assistant U.S. Attorne From: Jay Leacowitz Imailtoaetkowitz@kirkland.coml Sent: Tuesday, September 18, 2007 8:59 AM RFP MIA 000113 EFTA00184364
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Case 9:08-cv-80736-KAM Document 361-20 Entered on FLSD Docket 02/10/2016 Page 1 of 11 EXHIBIT 20 EFTA00184365
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Case 9:08-cv-80736-KAM Document 361-20 Entered on FLSD Docket 02/10/2016 Page 2 of 11 4c: rom: t Subject: (USAFLS) (USAFLS) hursday, September 20, 2007 3:52 PM 'Jay Lefkowitz' Lourie, Andrew; McMillan, John (USAFLS); Atkinson, Karen (USAFLS); Garcia, Rolando (USAFLS) Final version of Plea Agreement -- EPSTEIN Hi Jay - I have attached the plea agreement as approved by the U.S. Attorney and the proposed information. If your client is going to accept the agreement, please let me know by noon tomorrow, so that I can file the Information, get a judicial assignment, and arrange an arraignment and change of plea for Monday. We also will need to set a time for the agents to interview to finalize a factual proffer. Following the plea, Mr. Epstein will have at least 70 days before sentencing plus the time to self-surrender in order to get his affairs in order, including entering his guilty pleas to the slate charges. mentioned that your client is considering returning to our original offer of just a state plea. If that is the case, the non-prosecution agreement that was provided to you last week will control. Again, we will need to receive a signed version by tomorrow if that is Mr. Epstein's decision. You can reach me on my cell phone at 0920 3.45 pm Agreement .. 070919 motion charging A. rillafatia Assistant U.S. Attorne Thank you. Tracking: RFP MIA 000151 EFTA00184366
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Case 9:08-cv-80736-KAM Document 361-20 Entered on FLSD Docket 02/10/2016 Page 3 of ." • Recipient 11 Read 'Jay Lento:wilt Lourie, Andrew McMillan, John (USAFLS) Atkinson, Karen (USAFLS) Read: 9/20/2007 4:20 PM Garcia, Rolando (USAFLS) Read: 9/20/2007 3:54 PM 2 RFP MIA 000152 EFTA00184367
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Case 9:08-cv-80736-KAM Document 361-20 Entered on FLSD Docket 02/10/2016 Page 4 of
11
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:
I.
The defendant agrees to plead guilty to a two-count Information which charges
that the defendant intentionally harassed two other persons, that is,
in an
attempt to delay, prevent, and dissuade those persons 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 criminal conduct of others, between in and around early 2001 through in and
around September 2007, This agreement resolves the federal criminal liability of the
defendant and any co-conspirators in the Southern District of Florida growing out of any
Page 1 of 8
RFP MIA 000153
EFTA00184368
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Case 9:08-cv-80736-KAM Document 361-20 Entered on FLSD Docket 02/10/2016 Page 5 of 11 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. 3. The United States agrees that, upon entry of the defendant's guilty plea, its Grand Jury investigation will be suspended, and all pending litigation between the parties will be held in abeyance unless and until the defendant violates any term of this agreement, as explained in paragraph 18, infra. Both parties agree to maintain their 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 he-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 severe than the Sentencing Guidelines' Page 2 of 8 RFP MIA 000154 EFTA00184369
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Case 9:08-cv-80736-KAM Document 361-20 Entered on FLSD Docket 02/10/2016 Page 6 of 11 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 4 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 offenseS 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 one (1) year of supervised release, and a fine of $200,000. The parties' further agree to jointly recommend that the Court Page 3 of 8 RFP MIA 000155 EFTA00184370
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Case 9:08-cv-80736-KAM Document 361-20 Entered on FLSD Docket 02/10/2016 Page 7 of 11 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 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 litem for the identified victims and the defendant's counsel may contact the identified victims through that guardian. 10. The United States has reached this agreement with the defendant in response to the defendant's request to globally resolve his state and federal criminal liability. To do so, 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"). 11. In addition to entering a guilty plea in the instant case, the defendant agrees that, prior to his sentencing on the federal charges, he will plead guilty to an Information filed by the State Attorney's Office charging an offense for which the defendant must register Page 4 of 8 RFP MIA 000156 EFTA00184371
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Case 9:08-cv-80736-KAM Document 361-20 Entered on FLSD Docket 02/10/2016 Page 8 of 11 as a sex offender, that is, solicitation of minors to engage in prostitution, in violation of Fl. Stat. 796.03. The defendant agrees that he will waive all challenges to the Information filed by the State Attorney's Office and waive the right to appeal his conviction and sentence in the state court. 12. The defendant agrees that he will make a binding recommendation that the 15th Judicial Circuit 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 federal prison. The defendant further represents that he has had discussions with the State Attorney's Office, which has agreed to likewise make this recommendation. The sentences imposed by the 15th Judicial Circuit Court may run concurrently with the federal sentence imposed pursuant to this agreement. 13. The defendant agrees to 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. 14. 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 the defendant for any and all federal offenses. 15. 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 Page 5 of 8 RFP MIA 000157 EFTA00184372
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Case 9:08-cv-80736-KAM Document 361-20 Entered on FLSD Docket 02/10/2016 Page 9 of 11 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. 16. 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 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. 17. WAIVER OF RIGHT TO APPEAL AND COLLATERALLY ATTACK THE SENTENCE. The defendant is aware that Title 18, United States Code, Section 3742 Page 6 of 8 RFP MIA 000158 EFTA00184373
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Case 9:08-cv-80736-KAM Document 361-20 Entered on FLSD Docket 02/10/2016 Page 10 of . . 11 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 agreement with his attorney. 18. 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 Page 7 of 8 RFP MIA 000159 EFTA00184374
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Case 9:08-cv-80736-KAM Document 361-20 Entered on FLSD Docket 02/10/2016 Page 11 of . 11 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. 19. This is the entire agreement and understanding between the United States and the defendant. There are no other agreements, promises, representations, or understandings. UNITED STATES ATTORNEY Date: By: VILLAFARA ASSISTANT UNITED STATES ATTORNEY Date: By: JEFFREY EPSTEIN, DEFENDANT Date: By: ROY BLACK, ESQ. ATTORNEY FOR DEFENDANT Date: By: GERALD LEFCOURT, ESQ. COUNSEL TO DEFENDANT Page 8 of 8 RFP MIA 000160 EFTA00184375
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Case 9:08-cv-80736-KAM Document 361-21 Entered on FLSD Docket 02/10/2016 Page 1 of 9 EXHIBIT 21 EFTA00184376
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Case 9:08-cv-80736-KAM Document 361-21 Entered on FLSD Docket 02/10/2016 Page 2 of 9 • (USAFLS) • t: Jay Letkowitz pLetkowitz@kIrkland.com) September 18, 2007 11:09 AM , Ann Mane C. (USAFLS) ubject: RE: Dra Agreements? Attachments: Agreement updated.doc.rtf Confidential -- For Settlement purposes only. -- Please look this over and lot's see if we can identify any issues that we need to discuss in greater detail. Since you can't go to only one count of obstruction, but 18 would become about 15 with gain time, I have made a proposal of a total 24 month sentence based on two informations. This would include a period of home detentbn. We can then follow this with a state plea as well so he serves the additional time there. I need to see your language for proffers on the two charges - Alternatively, at this stage, we could have just one count for 12 months and then 6 months incarceration under the state, followed by community control and probabtlon. I am not sure which is more practicable. Please let me know when you are free to speak. Thanks -- Jay 09/18/2007 00:14 AM To 'Jay Lelkorele ciellowIntlkirkland corn> CC Subject RE. Draft Agreements? Hi Jay - I know that the U.S. Attorney will not go below 18 months aprison/jail time (and 1 would strongly oppose the suggestion). A. Assistant U.S. Attonie From: Jay Lefkowitz fmallto:JLefkowIttOkirkland.coml Sent: Tuesday, September 18, 2007 8:59 AM To: I . (USAFLS) Subject: Re: Draft Agreements? an alternative to what we discussed just now might be to plead to one count of 1512, serve 12 months plus supervised RFP MIA 000098 EFTA00184377
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Case 9:08-cv-80736-KAM Document 361-21 Entered on FLSD Docket 02/10/2016 Page 3 of 9 release Which would be one year of home detention (if we can make that work), followed by two years of probation in the state on the state charges with the first 6 months being community control. 40 18/200r 08:44 AM To *Jay Leflcovatr <JI elkowitzfiikaktand coma cc Sutroct Draft Agreements? Hi Jay I was hoping there would be things for me to read this morning, but I will try to remain patient. 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 plea 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. on-prosecution agreement would not be made public or filed with the Court, but it would remain part of our ase file. It probably would be subject to a FOIA request, but it is not something that we would distribute without compulsory pmcess. On the obstruction charges, many of the facts I included in that first proffer were hypothesized based upon our discussions and the agents' observations ofd 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 —father, forcing him off the road. Or, if there is something more recent related to any we could consider that. Hope that helps. A. Assistant U.S. Attorney 2 RFP MIA 000099 EFTA00184378
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Case 9:08-cv-80736-KAM Document 361-21 Entered on FLSD Docket 02/10/2016 Page 4 of 9 IN RE: INVESTIGATION OF JEFFREY EPSTEIN Non-Prosecution 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 one count of solicitation of prostitution, in violation of Florida Statutes Section 796.07; IT APPEARING that the interest of the United States pursuant to the Petite policy will be served by the following procedure expressed in this Agreement; IT APPEARING that the United States Attorney's Office and the Federal Bureau of Investigation have conducted their own investigation of Epstein's background and offenses including; (1) knowingly and willfully conspiring with others known and unknown to commit an offense 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 Code, Section 371 and 18 USC 2423(e); and (2) knowingly and willfully violating Title 18, United States Code, Sections 2422(6) and § 2423(b) and (f); and Title 18, United States Code, Sections 1591(a)(1) and (2); and 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 and prosecution of violations of 18 USC 1512(d) 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 initiate prosecution against Epstein for any offense listed above for the duration of this Agreement. In this case, the United States Attorney will furnish Epstein with notice specifying the condition(s) of the Agreement that he has violated. Page 1 of 6 RFP MIA 000100 EFTA00184379
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Case 9:08-cv-80736-KAM Document 361-21 Entered on FLSD Docket 02/10/2016 Page 5 of 9 After timely fulfilling all the terms and conditions of the Agreement, no prosecution for the offenses set out on pages 1 and 2 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 to an Information charging one (1) count of a violation of 18 USC 1512(d). 2. Epstein and the Government agree to follow the United States Sentencing Guidelines which indicate that one (1) count of 18 USC § 1512(d) has a Base Offense Level of fourteen (14) pursuant to USSG § 2J1.2. Epstein and the Government acknowledge that after applying the downward departure to the Base Offense Level for Acceptance, the resulting Level is twelve (12), which requires incarceration for ten - sixteen (10 - 16) months. 3. Following the United States Sentencing Guidelines, Epstein shall serve twelve (12) months in the custody of the Bureau of Prisons. 4. Following Epstein's entry of a guilty plea to the Information described in paragraph 1, infra, Epstein shall plead guilty to a second Information charging one (1) additional count of a violation of 18 USC 1512(d). Epstein and the Government shall make a joint recommendation that the Court impose a sentence to be divided as follows: (a) Epstein shall serve four (4) months in the custody of the Bureau of Prisons. (b) following the term of imprisonment, Epstein shall serve eight (8) months of federal Supervised Release with a special condition that the entire term of the Supervise Release be served in the form of home detention pursuant to USSG 5F1.2. 5. Epstein, 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. 6. Epstein shall enter his guilty plea to both federal Informations no later than November 5, 2007. Epstein and the Government agree to recommend to the Court that the Pre-Sentence Investigation Report be waived as to both Informations in which case Epstein and the Government agree that both Page 2 of 6 RFP MIA 000101 EFTA00184380
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Case 9:08-cv-80736-KAM Document 361-21 Entered on FLSD Docket 02/10/2016 Page 6 of 9 sentences 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 commcncc his sentence 75 days after sentencing. If the Court requires a Pre-Sentence Investigation Report, Epstein shall be sentenced on a later date but the parties agree to the bail, travel and self-report conditions as outlined in this paragraph. Epstein and the Government further agree to recommend to the Court that the Court recommend to the Bureau of Prisons that Epstein be designated to serve his sentence at a federal prison camp. 7. Epstein, 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. 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 he 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), (c) and (1), 18 U.S.C. §2422(b), 18 U.S.C. §I591 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 for any criminal charge that arises out of the ongoing federal investigation as described above; Further, the United States Attorney's Office will not request, initiate, or any way encourage immigration authorities to institute immigration proceedings against as a result of the ongoing investigation. Epstein's fulfilling the terms and conditions of the Agreement resolves any and all outstanding federal grand jury subpoenas 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 subpoena 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. Page 3 of 6 RFP MIA 000102 EFTA00184381
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Case 9:08-cv-80736-KAM Document 361-21 Entered on FLSD Docket 02/10/2016 Page 7 of 9 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. 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 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, for the offenses listed on pages 1 and 2 infra. 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 for the offenses listed on pages I and 2 infra, 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: Page 4 of 6 RFP MIA 000103 EFTA00184382
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Case 9:08-cv-80736-KAM Document 361-21 Entered on FLSD Docket 02/10/2016 Page 8 of 9 GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN Dated: UNITED STATES ATTORNEY Page 5 of 6 RFP MIA 000104 EFTA00184383