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
EFTA00193954
651 pages
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Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Thursday, January 03, 2008 12:42 PM To: Acosta, Alex (USAFLS) Subject: RE: Memo to File Hi Alex -- Does this mean that we will be having another'call on Monday? A. Marie Villafaha Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Original Message From: Acosta, Alex (USAFLS) Sent: Thursday, January 03, 2008 12:39 PM To: Sloman, Jeff (USAFLS); Villafana, Ann Marie C. (USAFLS) Subject: Fw: Memo to File Had a 3 min call today to schedule our monday call. Want to memorialize the following statement from jay. Sent from my BlackBerry Wireless Handheld Original Message From: Acosta, Alex (USAFLS) To: Acosta, Alex (USAFLS) Sent: Thu Jan 03 12:01:04 2008 Subject: Memo to File 1/3/08 "I may have made a mistake 6 months ago. Lana told us solicitation not registrable. It turns out that the actual offense charged it." Lefkowitz Tracking: 2013 08-80736-CV-MARRA P-014517 EFTA00194214
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Villafana, Ann Marie C. (USAFLS) From: Acosta, Alex (USAFLS) Sent: Thursday, January 03, 2008 12:40 PM To: Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS); Villatana, Ann Marie C. (USAFLS) Subject: RE: Memo to File -- correction -- final word is "is", not "it" 1/3/08 "I may have made a mistake 6 months ago. Lana told us solicitation not registrable. It turns out that the actual offense charged is." • Lefkowitz Original Message From: Acosta, Alex (USAFLS) Sent: Thursday, January 03, 2008 12:39 PM To: Sloman, Jeff (USAFLS); Villafana, Ann Marie C. (USAFLS) Subject: Fw: Memo to File Had a 3 min call today to schedule our monday call. Want to memorialize the following statement from jay. Sent from my BlackBerry Wireless Handheld Original Message From: Acosta, Alex (USAFLS) To: Acosta, Alex (USAFLS) Sent: Thu Jan 03 12:01:04 2008 Subject: Memo to File 1/3/08 "I may have made a mistake 6 months ago. Lana told us solicitation not registrable. It turns out that the actual offense charged is." Lefkowitz 2017 08-80736-CV-MARRA P-014518 EFTA00194215
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Villafana, Ann Marie C. (USAFLS) From: Acosta, Alex (USAFLS) Sent: Thursday, January 03. 2008 12:39 PM To: Sloman, Jeff (USAFLS); VIliana, Ann Marie C. (USAFLS) Subject: Fw: Memo to File Had a 3 min call today to schedule our monday call. Want to memorialize the following statement from jay. Sent from my BlackBerry Wireless Handheld Original Message From: Acosta, Alex (USAFLS) To: Acosta, Alex (USAFLS) Sent: Thu Jan 03 12:01:04 2008 Subject: Memo to File 1/3/08 "I may have made a mistake 6 months ago. Lana told us solicitation not registrable. It turns out that the actual offense charged it." Lefkowitz 2019 08-80736-CV-MARRA P-014519 EFTA00194216
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Villafana, Ann Marie C. (USAFLS) From: Jack Goldberger figoldberger©agwpa.cornj Sent: Saturday, June 28, 2008 3:38 PM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Notice of Non-Compliance Marie not a problem. From: Villafana, Ann Marie C. (USAFLS) [mallto:Ann.Marle.C.Villafana@usdoj.gov] Sent: Sat 6/28/2008 11:31 AM To: Jack Goldberger Cc: Atkinson, Karen (USAFLS); RBlack@RoyBlack.com Subject: Re: Notice of Non-Compliance Dear Jack: I have conferred with a state court practitioner who staled that there is nothing that prohibits you from agreeing to a consecutive six- month sentence of incarceration followed by one year of community control as specified in the non-prosecution agreement. If you elect to proceed with the plea agreement as currently drafted, we ask that you insert the word "imprisoned" following the words "six months" in the second sentencing paragraph. Please confirm that this change is acceptable. Thank you. Marie Original Message From: Jack Goldberger <jgoldberger@agwpa.com> To: Villafana, Ann Marie C. (USAFLS) Cc: Jack Goldberger lgoldberger@agwpa.com> Sent: Sat Jun 28 08:49:55 2008 Subject: RE: Notice of Non-Compliance Dear Ms Villafana, please allow this e-mail to confirm our telephone conference of 6:30 pm on June 27 wherein we discussed the Epstein plea agreement and we agreed that the Epstein state plea agreement was in compliance with the September 2007 non-prosecution agreement entered into between Mr. Epstein and the USAO for the Souhern District of Florida. Jack Goldberger From: Villafana, Ann Marie C. (USAFLS)(mailto:Ann.Marie.C.Villafanaigusdoistovl Sent: Fri 6/27/2008 5:45 PM To: Jack Goldberger, Roy BLACK Cc: Atkinson, Karen (USAFLS) Subject: Notice of Non-Compliance Dear Messrs. Goldberger and Black: Please see the attached Notification Letter. <<080627 Goldberger Black notification Itr.pdf>> 768 EFTA00194217
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Dear Ms Villafana, please allow this e-mail to confirm our telephone conference of 6:30 pm on June 27 wherein we discussed the Epstein plea agreement and we agreed that the Epstein state plea agreement was in compliance with the September 2007 non-prosecution agreement entered into between Mr. Epstein and the USAO for the Souhern District of Florida. Jack Goldberger From: Villafana, Ann Marie C. (USAFLS) [mailto:Ann.Marie.C.Villafana@usdoj.gov] Sent: Fri 6/27/2008 5:45 PM To: Jack Goldberger; Roy BLACK Cc: Atkinson, Karen (USAFLS) Subject: Notice of Non-Compliance Dear Messrs. Goldberger and Black: Please see the attached Notification Letter. «080627 Goldberger Black notification ltr.pdf» A. Marie Villafaha Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 767 EFTA00194218
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Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Wednesday, July 09, 20081:04 PM To: Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS); Atkinson, Karen (USAFLS) Cc: Kuyrkendall, E N. (FBI); Richards, Jason R. (FBI) Subject: Response to Goldberger Letter Here are my thoughts: I. Notification only by mail: For those girls who are currently not represented (or for whom we do not know of any representation), we intend to contact the victims by telephone to tell them of the resolution and to get mailing addresses to send the written notification or to determine if they have secured counsel to send it to them. For the girls who are represented, contact will be made by telephone followed by the mailing of the notification. I think a "live" thank you is the least that is required at this point and a "check in" to make sure that girls who need counseling are getting it. (FBI has already arranged counseling for several girls.) In any written response to Mr. Goldberger, I would simply ignore this request. 2. Separate mailings: I have no objection to this change. The notice was drafted the way it was so that Epstein would only have to sign one document rather than 33. Since he isn't going to sign any, that change is fine with me. 3. Notification limited to the information on the first page of the draft notification: In light of Epstein's refusal to sign the acknowledgement, I think some additional explanation is required. I will prepare that revision and send to you shortly. 4. Eliminate the Acknowledgement portion: I have no objection to this. 5. Supplement the notification with our previous statement that we are not vouching for the veracity of any claim: I would reject this request and, in our response to Goldberger, state that we have limited our list to those whom we were prepared to name in an indictment and, accordingly, we believe that there is proof beyond a reasonable doubt that each was a victim of Epstein's. 6. Explain why the acknowledgement is required: In our response to Goldberger, I think we should explain that the acknowledgement language was meant to create a means for proving the existence of the agreement without having to provide copies of the Non-Prosecution Agreement, which contains a confidentiality clause. While I have no objection to revising the language, I think that Epstein's position will lead to litigation regarding the need to disclose the full agreement, which is contrary to the parties' interest in confidentiality. I agree that we cannot force him to sign the acknowledgement, but he must accept the consequences of that decision. 7. Names of pro bono lawyers and information regarding their communications: I have already advised Mr. Goldberger that I will provide him with the names and contact information of attorneys who represent the victims, so I have no objection to that. I also have no objection to telling him that they were recommended by the Crime Victims Rights Advocacy Group based upon a referral from the Justice Department. Other than that, I have no intention of disclosing any "communications" that I had with them. I will take a crack at revising the victim notifications and drafting a response to Goldberger. Any other thoughts I should incorporate? A. Marie Yillafafia Assistant U.S. Attorney 561 209-1047 Tracking: EFTA00194219
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Recipient Road Acosta, Alex (USAFLS) Read: 7/9/2008 1:26 PM Siemer'. Jeff (USAFLS) Read: 7/9/2008 1:05 PM Atkinson, Karen (USAFLS) Kuyrkendaff, E N. (FBI) Richards, Jason R. (FBI) 2 EFTA00194220
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Villafana, Ann Marie C. (USAFLS) From: Ann Marie Villafana (ann.marie.villafana@gmail.com] Sent: Thursday, December 27, 2007 10:07 PM To: Villafana, Ann Marie C. (USAFLS) Begin forwarded message: My cell does not seem to work in main. Direct is 202 514 9412. I should have a second email acct running today also. Sent from my BlackBerry Wireless Handheld Original Message From: Ann Marie Villafana <ann.marie.villafanaegmail.com> To: Lourie, Andrew (USAFLS) <ALourie@usa.doi.gov>; Lourie, Andrew (USAFLS) <ALourie@usa.doi.kov>• jeffrev.sloman@usdoi.gov leffrey.slomanQusdoi.gov> Sent: Sun Sep 16 17:51:17 2007 Subject: Epstein update Hi all -- After several hours, we are back to where we started. Mr. Epstein is now considering either pleading exclusively to state charges as per our original agreement, or pleading to one federal obstruction charge to be followed by one state 6-month charge. As for our hearing and grand jury appearances on Tuesday, Roy Black and I will call Judge Marra in the morning to postpone the hearing, and I have agreed to release the witnesses from appearing on Tuesday, with an agreement that, if I subpoena them to appear after the initial indictment is returned, I will receive no complaints about misuse of the grand jury. And 1 told Jay that September 25th is my indictment date, come hell or high water. Andy, can you call me tomorrow morning and just let me know where and how I can reach you? I am hoping that we can have a final agreement signed by Tuesday afternoon. Thank you. Ann Marie Villafana antunarie.vi I lafana@gmail.com Begin forwarded message: fir I spoke to him last night. Told him to try for consp on 6 month assault on plane but with a real victim. He is gonna send text later tonight. Give me a number I can reach you at -------- Sent from my BlackBerry Wireless Handheld 2065 EFTA00194221
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----Original Message----- From: Ann Marie Villafana <ann.marie.villafana@amail.com> To: Lourie, Andrew (USAFLS) <ALouriet@usa.doi.gov>; Lourie, Andrew (USAFLS) <ALouricasa.doi,gov> Sent: Sat Sep 15 15:08:07 2007 Subject: Epstein Hi Andy -- Sorry to bother you, but Jay wants to try to get this wrapped up over the weekend, and I received an e-mail from Jeff that you are going to handle finalizing the negotiations. I received your e-mail about the assault on the airplane charge. That is the only 6-month offense that we could find. I have already tried to float a plea to two counts of a 12-month offense with a nonbinding recommendation of 20 months, and that has failed. Jay's response is to suggest a plea to one count of a 12-month offense, which I rejected. Our only other option is an ABA plea to a 371 conspiracy charge. I like that best but the U.S. Attorney likes that least. Can you give me some direction? Thanks. Ann Marie Villafana Maillafana(aamaii.COM Begin forwarded message: MCC This is an Automatic Response. As of September 17, 2007 1 am beginning a detail to the Department of Justice, Criminal Division, in Washington, D.C. Rolando Garcia is now in charge of the West Palm Beach Office of the U.S. Attorney's Office. I will be checking this email account periodically. If this is urgent, please call Rolando Garcia at 561 209-1010 or 561 820-8711. My number in Washington is 202 514-9412 2066 EFTA00194222
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U.S. Department of Justice United States Attorney Southern District of Florida 500 S Australian Ave, Ste 400 West Palm Beach, FL 33401 (561) 820-8711 Facsimile: (361) 820-8777 September 17, 2008 DELIVERY BY ELECTRONIC MAIL Jay P. Lefkowitz, Esq. Kirkland & Ellis LLP Citigroup Center 153 East 53rd Street New York, New York 10022-4675 Roy Black, Esq. Black Srebnick Kornspan & Stumpf P.A. 201 S. Biscayne Blvd, Suite 1300 Miami, FL 33131 Jack A. Goldberger, Esq. Atterbury, Goldberger & Weiss, P.A. One Clearlake Centre, Suite 1400 250 Australian Ave S. West Palm Beach, FL 33401-5015 • Re: Jeffrey Epstein Dear Jay, Roy, and Jack: On today's date, our Office received an inquiry from State Attorney Barry Krischer related to the Non-Prosecution Agreement. In accordance with the terms of that Agreement, I am notifying you of this development. State Attorney Krischer has been contacted by counsel for the Palm Beach Daily News asking why the Non-Prosecution Agreement is under seal in order to determine whether to file suit asking that it be unsealed. I have informed State Attorney Krischer that the Agreement contains a confidentiality clause requiring us to provide Mr. Epstein's counsel with notice prior to making any disclosure (compulsory or otherwise). Since Mr. Epstein is a party to that criminal case, he has standing to contest any EFTA00194223
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JAY P. LEFKOWITZ, ESQ. ROY BLACK, ESQ. JACK GOLDBERGER, ESQ. SEPTEMBER 17, 2008 PAGE 2 OF 2 unsealing, while we do not. Accordingly, I ask that you confer with Mr. Krischer regarding how you would like to proceed with the matter. I also want to reiterate the concern I raised in my letter of August 15, 2008, that the complete Non-Prosecution Agreement, which includes the October Addendum, has not been filed with the Court in accordance with the Judge's order. Please advise that this issue has been resolved. Thank you for your attention to these matters. Sincerely, R. Alexander Acosta United States Attorney By: A. Marie Villafafia • Assistant United States Attorney cc: Barry Krischer, State Attorney Karen Atkinson, Chief, Northern Division EFTA00194224
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Villafana, Ann Marie C. (USAFLS) From: Sloman, Jeff (USAFLS) <JSloman@usa.doj.gov> Sent: Wednesday, September 17, 2008 11:22 AM To: Villafana, Ann Marie C. (USAFLS); Acosta, Alex (USAFLS); Senior, Robert (USAFLS); Lee, Dexter (USAFLS); Atkinson, Karen (USAFLS) Cc: Garcia, Rolando (USAFLS) Subject: RE: State'. Jeffrey Epstein I have reviewed the Agreement. We have no obligation to seek its continued sealing. Per my conversation with Marie, she is going to notify Jack Goldberger that he has yet to file the remainder of the Agreement and that the unsealing issue is between him/Epstein and the SAO's office. From: Villafana, Ann Marie C. (USAFLS) Sent: Wednesday, September 17, 2008 10:50 AM To: Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS); Senior, Robert (USAFLS); Lee, Dexter (USAFLS); Atkinson, Karen (USAFLS) Cc: Garcia, Rolando LUSAFLS) Subject: FW: State I. Jeffrey Epstein Will it never end? Barry Krisher sent the e-mail below to Rolando this morning. Ilow would you like to handle this issue? A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Garcia, Rolando (USAFLS) Sent: Wednesday, September 17, 2008 10:48 AM To: Villafana, Ann Marie C. (USAFLS) Subject: FW: State I. Jeffrey Epstein From: Barry Krischer [mailto:Bkrische@sa15.stateefLus] Sent: Wednesday, September 17, 2008 10:46 AM To: Garcia, Rolando LUSAFLS) Subject: FW: State I. Jeffrey Epstein Please advise how you would like us to proceed. The agreement referred to is the Federal Non-Prosecution agreement sealed in the file by the judge at the time of the Epstein plea. From: Lanna Belohlavek Sent: Tuesday, September 16, 2008 4:21 PM To: Barry Krischer Subject: FW: State'. Jeffrey Epstein 25 EFTA00194225
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How to proceed? Lanna From: Bryce Albu [mailto:bryce@reederandreeder.com] Sent: Tuesday, September 16, 2008 3:52 PM To: Lanna Belohlavek Cc: Martin Reeder Subject: State ,' Jeffrey Epstein Ms. Belohlavek, We represent The Palm Beach Daily News. The newspaper recently discovered that a non-prosecution agreement (and an addendum thereto) was filed under seal pursuant to an agreed order entered in the above-referenced case. Because the records are sealed, we cannot assess the propriety of the decision to seal them or even whether the newspaper is interested in the information contained therein. I was hoping you would discuss with me the nature of the agreement and the basis for sealing it so that we can advise our client on whether it should pursue an order unsealing the agreement. Please call me at your earliest convenience. Very truly yours, C. Bryce Albu Reeder & Reeder P.A. 250 S. Central Blvd., Suite 200 Jupiter, FL 33458 Direct Dial: (561) 575-9721 Facsimile: (561) 575-9765 bryce@reederandreeder.com 26 EFTA00194226
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Villafana, Ann Marie C. (USAFLS) From: Senior, Robert (USAFLS) <RSenior@usa.doj.gov> Sent: Wednesday, September 17, 2008 11:25 AM To: Villafana, Ann Marie C. (USAFLS); Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS); Lee, Dexter (USAFLS); Atkinson, Karen (USAFLS) Cc: Garcia, Rolando (USAFLS) Subject: RE: State' Jeffrey Epstein Given the non-disclosure agreement, aren't we left with telling the SAO that we have agreed to not disclose so it wouldn't be proper for us to now agree that unsealing is appropriate. Ultimately, it's the SAO's call because they will get the Florida Public Records Act request and they were not a signatory to the agreement. We should also notify defense counsel so that they can take whatever actions they believe are appropriate. Wait till others have had a chance to weigh in on this issue. From: Villafana, Ann Marie C. (USAFLS) Sent: Wednesday, September 17, 2008 10:50 AM To: Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS); Senior, Robert (USAFLS); Lee, Dexter (USAFLS); Atkinson, Karen (USAFLS) Cc: Garcia, Rolando USAFLS) Subject: FW: State Jeffrey Epstein Will it never end? Barry Krisher sent the e-mail below to Rolando this morning. How would you like to handle this issue? A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Garcia, Rolando (USAFLS) Sent: Wednesday, September 17, 2008 10:48 AM To: Villafana, Ann Marie C. (USAFLS) Subject: FW: State Jeffrey Epstein From: Barry Krischer [mailto:Bkrische@sa15.state.flus) Sent: Wednesday, September 17, 2008 10:46 AM To: Garcia, Rolando USAFLS) Subject: FW: State I. Jeffrey Epstein Please advise how you would like us to proceed. The agreement referred to is the Federal Non-Prosecution agreement sealed in the file by the judge at the time of the Epstein plea. From: Lanna Belohlavek Sent: Tuesday, September 16, 2008 4:21 PM 14 EFTA00194227
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To: Barry Krischer Subject: FW: State NI Jeffrey Epstein How to proceed? Lanna From: Bryce Albu [mailto:bryce@reederandreeder.com] Sent: Tuesday, September 16, 2008 3:52 PM To: Lanna Belohlavek Cc: Martin Reeder Subject: State Jeffrey Epstein Ms. Belohlavek, We represent The Palm Beach Daily News. The newspaper recently discovered that a non-prosecution agreement (and an addendum thereto) was filed under seal pursuant to an agreed order entered in the above-referenced case. Because the records are sealed, we cannot assess the propriety of the decision to seal them or even whether the newspaper is interested in the information contained therein. I was hoping you would discuss with me the nature of the agreement and the basis for sealing it so that we can advise our client on whether it should pursue an order unsealing the agreement. Please call me at your earliest convenience. Very truly yours, C. Bryce Albu Reeder & Reeder P.A. 250 S. Central Blvd., Suite 200 Jupiter, FL 33458 Direct Dial: (561) 575-9721 Facsimile: (561) 575-9765 brvceAreederandreeder.com 15 EFTA00194228
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Villafana, Ann Marie C. (USAFLS) From: Senior, Robert (USAFLS) <RSenior@usa.doj.gov> Sent: Wednesday, September 17, 2008 11:26 AM To: Sloman, Jeff (USAFLS); Villafana, Ann Marie C. (USAFLS); Acosta, Alex (USAFLS); Lee, Dexter (USAFLS); Atkinson, Karen (USAFLS) Cc: Garcia, Rolando (USAFLS) Subject: RE: State 'Jeffrey Epstein Nothing like emails that cross in the wind. From: Sloman, Jeff (USAFLS) Sent: Wednesday, September 17, 2008 11:22 AM To: Villafana, Ann Marie C. (USAFLS); Acosta, Alex (USAFLS); Senior, Robert (USAFLS); Lee, Dexter (USAFLS); Atkinson, Karen (USAFLS) Cc: Garcia, Rolando USAFLS) Subject: RE: State Jeffrey Epstein I have reviewed the Agreement. We have no obligation to seek its continued sealing. Per my conversation with Marie, she is going to notify Jack Goldberger that he has yet to file the remainder of the Agreement and that the unsealing issue is between him/Epstein and the SAO's office. From: Villafana, Ann Marie C. (USAFLS) Sent: Wednesday, September 17, 2008 10:50 AM To: Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS); Senior, Robert (USAFLS); Lee, Dexter (USAFLS); Atkinson, Karen (USAFLS) Cc: Garcia, Rolando cy SAFLS) Subject: FW: State Jeffrey Epstein Will it never end? Barry Krisher sent the e-mail below to Rolando this morning. How would you like to handle this issue? A. Marie Villafaila Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, Fl. 33401 Phone 561 209-1047 Fax 561 820-8777 From: Garcia, Rolando (USAFLS) Sent: Wednesday, September 17, 2008 10:48 AM To: Villafana, Ann Nile C. (USAFLS) Subject: FW: State I. Jeffrey Epstein From: Barry Krischer [mailto:Bkrische@sa15.state.fLus] Sent: Wednesday, September 17, 2008 10:46 AM To: Garcia, Rolando USAFLS) Subject: FW: State I. Jeffrey Epstein 16 EFTA00194229
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Please advise how you would like us to proceed. The agreement referred to is the Federal Non-Prosecution agreement sealed in the file by the judge at the time of the Epstein plea. From: Lanna Belohlavek Sent: Tuesday, September 16, 2008 4:21 PM To: Barry Krischer Subject: FW: State 1 Jeffrey Epstein How to proceed? Lanna — - - - From: Bryce Albu [mailto:bryce@reederandreeder.com] Sent: Tuesday, September 16, 2008 3:52 PM To: Lanna Belohlavek Cc: Martin Reedgr Subject: State 1 Jeffrey Epstein Ms. Belohlavek, We represent The Palm Beach Daily News. The newspaper recently discovered that a non-prosecution agreement (and an addendum thereto) was filed under seal pursuant to an agreed order entered in the above-referenced case. Because the records are sealed, we cannot assess the propriety of the decision to seal them or even whether the newspaper is interested in the information contained therein. I was hoping you would discuss with me the nature of the agreement and the basis for sealing it so that we can advise our client on whether it should pursue an order unsealing the agreement. Please call me at your earliest convenience. Very truly yours, C. Bryce Albu Reeder & Reeder P.A. 250 S. Central Blvd., Suite 200 Jupiter, FL 33458 Direct Dial: (561) 575-9721 Facsimile: (561) 575-9765 bryceatreederandreeder.com 17 EFTA00194230
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fyi From: Lourie, Andrew (USAFLS) Sent: Tuesday, May 22, 2007 6:32 PM To: 'Gerald Lefcourt' Subject: RE: Jeffrey Epstein I have your letter. I think we are on the same page, but to be sure I do want to clarify that we spoke the other week and I did say that if you want to meet with me again, I am ready to do so. The wording of your letter, however, suggests implicitly that I agreed to contact you before a decision is made to seek an indictment of Mr. Epstein. If that was your understanding, then please allow me to clarify. Our investigation is ongoing and if we decide to seek an indictment, we don't intend to call Mr. Epstein's representatives to let him know that. Of course, in the interim, if you would like to make a presentation to us, we are willing to listen. Along those lines, given the fact that we have already met once, with schedules being what they are, it makes sense for our criminal chief, Matt Menchel, to be included when you make another presentation, rather than working up the chain Incrementally. I realize you were being respectful in not attempting to leapfrog over me, which I appreciate. I will pass on your request to meet with the U.S. Attorney as well, but can't commit for him one way or another. When you have some dates in mind, let me know and I will try to set up a meeting in Miami. From: Gerald Lefcourt [mailto:GBL@lefcourtlaw.com] Sent: Tuesday, May 22, 2007 2:05 PM To: Lourie, Andrew (USAFLS) Cc: Villafana, Ann Marie C. (USAFLS); Lilly Ann Sanchez Subject: Jeffrey Epstein Andy, attached is a letter seeking meetings, as discussed with you, but with others attention. Could you email back so that I know you have received this letter? Gerald 8. Lefcourt Gerald 8. Lefcourt, P.C. 148 E. 78th Street New York New York 10021 Tel. Fax cibl(aPercourtlaw.com Tracking: 2 EFTA00194231
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EFTA00194232
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U.S. Department of Justice
United States Attorney
Southern District of Florida
First Assistant U.S. Attorney
DELIVERY BY FACSIMILE
Jay P. Leflcowitz, Esq.
Kirkland & Ellis LLP
Citigroup Center
153 East 53rd Street
New York, New York 10022-4675
Re:
Jeffrey Epstein
Dear Mr. Leflcowitz,
99 N.E. 4 Street
Miami, FL 33132
(305) 961-9100
April , 2008
On September 24, 2007, your client, Jeffrey Epstein, in consultation with Gerald Lefcourt,
Esq. and Lilly Ann Sanchez, Esq., as well as numerous other nationally-renowned lawyers, including
but not limited to Harvard Law Professor Alan Dershowitz, former Independent Counsel and
Solicitor General of the United States Kenneth Starr, just to name a few, entered into a Non-
Prosecution Agreement ("the Agreement') with the United States Attorney's Office for the Southern
District of Florida ("SDFL"). Although you and other members of the defense team have since
claimed that the Agreement was the product of adhesion, the following facts demonstrate that
Epstein knowingly and voluntarily entered into the Agreement in order to avoid a federal indictment
regarding his sexual conduct involving minor victims. Despite the fact that by signing the
Agreement, Epstein gave up the right to object to its provisions, the SDFL bent over backwards to
exhaustively consider and re-consider your objections. Since these objections have finally been
exhausted and Epstein has failed to comply with several conditions of the Agreement as set forth
below, the SDFL hereby notifies you that unless you comply with all of the terms and conditions of
the Agreement, including plea, sentence, and incarceration, as modified by the United States
Attorney's December 19, 2007 letter to Ms. Sanchez by
the SDFL will elect to terminate the
Agreement.
Background
The Agreement was the product of months of negotiations. Specifically, you requested and
received numerous meetings, at the highest levels of the SDFL and DOD's Child Exploitation and
Obscenity Section (CEOS) concerning claims that (a) the investigation merely produced evidence
of relatively innocuous sexual conduct with some minors who, unbeknownst to Epstein,
misrepresented their ages; (b) the authorities investigating Epstein engaged in misconduct; (c) the
contemplated federal statutes have no applicability to this matter; and (d) the federal authorities
disregarded the fundamental policy against federal intervention with state criminal proceedings.
After careful review, the SDFL ultimately rejected those claims. Subsequent to its decision, however,
but before proceeding any further, the SDFL provided you with 30 days to appeal the decision to the
EFTA00194233