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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
Pages 561–580 / 651
Page 561 / 651
Gmail - Fw: confidential communication 
Page 3 of 4 
deliberately lied about their age because they knew Mr. Epstein did not want anyone under 18 
in his house directly undercuts the claim that Mr. Epstein willfully blinded himself as to their 
ages. Willful blindness is not a substitute for evidence of knowledge nor is it a negligence 
standard. It requires proof beyond reasonable doubt of deliberate intent and specific action to 
hide one's knowledge. There is absolutely no such evidence of that here, so it is not even a jury 
issue. Furthermore, willful ignorance cannot constitute the required mens rea for a crime of 
conspiracy or aiding and abetting. 
Through the recent witness statements, we have also discovered another serious issue that 
implicates the integrity of the federal investigation. We have learned that FBI Special Agent 
Kurkendayl attempted to convince these adult women, now in their twenties, that they were in 
fact "victims" even though the women themselves strongly disagreed with this characterization. 
This conduct, once again, goes to the heart of the integrity of the investigation. In a sworn 
statement, Ms. 
was highly critical of the overreaching by federal law enforceinent officers 
in this case. She testified—in no uncertain terms—that she does not, and never did, feel like a 
"victim," despite the fact that the FBI repeatedly tried to convince her otherwise. 
I am mindful of the fact that we have a state court date of July 8 on which either to enter a plea 
or to commence trial. As I review the trial options with Mr. Epstein, I certainly want to make sure 
I do everything within my power to obviate a need for trial through a reasonable alternative 
resolution. Although it is clear that CEOS is not directing a prosecution here, and has stated 
only that you have the authority to commence such a prosecution, I am well aware that the 
decision whether to proceed, subject to any further process in Washington, is now within your 
discretion. I think the new facts should greatly influence your decision and accordingly, I hope 
you will agree to meet with me, both to discuss the new evidence and to discuss .a resolution to 
this matter once and for all: I am available to meet with you at your earliest convenience 
subject to our mutual availability. 
Respectfully, 
Jay 
***** 
*********** 
****** 
***********”************************ 
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 
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. 
EFTA00194514
Page 562 / 651
05/16/2008 11:18 FAX 
05/16/08 PRI 11:08 FAX 
UNITED STATES DEPARTMENT OF JUSTICE 
• 
Criminal Division 
Child Exploitation and Obscenity Section 
1400 New York Avenue, NW 
Suite 600 
Washington, DC 20530-0001 
• 20005 
0001/006 
• 
O001 
CEOS: (202) 514-5780 
FAX: (202) 514-1793 
TO: 
I2. Alexander Acosta, Esq. 
Jay Lerkowita, Esq, 
OFFICE NUMBER: 
'FAX NUMBER: 
305/530-7087' 
FROM: 
 
Gelber • 
DATFITIMEi 
. 
ilay 16, 
OFFICE NUMBER: (202) 514-5780 
NUMBER OF PACES, EXCLUDIal THIS SHEET: 5
SPECIAL. INSTRUCTIONS: 
EFTA00194515
Page 563 / 651
05/16/2008 11;18 FAX 
06/16/08 FRI 11:08 FAX 
0
 
0
 
3 
/ 
0 0 
El 
O003 
As was made clear at the outset, we did not review the facts, circumstances, or terms 
included in the plea offer, nor any allegations that individuals involved in the investigation 
engaged in misconduct. Despite that agreement, we note that your letters of April 8, April 28, 
and May 14 focus In large part on accusations of investigative or prosecutorial misconduct. Not 
only do allegations of prosecutorial misconduct fall outside the boundary of our agreed review, 
they also fall outside the authority of the Criminal Division in the first instance. Simply, the 
Criminal Division does not investigate or resolve allegations of professional misconduct by 
federal prosecutors. For these reasons, we do not respond to the portion of those letters that 
discuss alleged misconduct. 
Based on our review of all of these materials, and after careful consideration of the issues, 
we conclude that U.S. Attorney Acosta could properly use his discretion to authorize prosecution 
in this case. We will briefly address each of the issues that you have raised. 
Knowledge of age. Federal child exploitation statutes differ as to whether there must be 
proof that the defendant was aware that the children were under the age of 18. However, even 
for those statutes where knowledge of age is an element of the offense, it is possible to satisfy 
that element with proof that the defendant was deliberately ignorant of facts which would suggest 
that the person was a minor. For that reason, the fact that some of the individuals allegedly lied 
to Mr. Epstein about their age isnot dispositivo of the issue. While there may be an open factual 
issue as to Mr. Epstein's knowledge, we cannot say that it would be impossible to prove 
knowledge of age for any such charges which require it. Therefore, Mr. Acosta could rightfully 
conclude that this factual issue is best resolved by a jury. 
Tmvel for the purpose. In the materials you prepared, you suggest that Mr. Epstein 
should not be charged with violating 18 U.S.C. § 2423(b) because his dominant purpose in going 
to Florida was not to engage in illegal sexual activity, but rather to.return.to_one of his-resideneesr 
While we fully undetataffdli5lifiliiiient, we also fmd that the U.S. Attorney's office has a good.
faith basis fully to develop the facts on this Issue and brief the law to permit 'a court to decide 
whether the law properly reaches such conduct, Mr. Acosta would not be abusing his discretion 
If he decided to pursue such a course of action. 
Intent to engage In the conduct at the time of travel. Based on our review of the facts of 
this case, we respectfully disagree that there is no evidence concerning Mr. Epstein's intent when 
he traveled, and when that intent was formed. Should Mr. Acosta elect to let the case proceed so 
that a jury can resolve this factual issue, he would be within his discretion to do so. 
Use of a facility or means of interstate or foreign commerce. Much of the materials you 
have prepared and much of the meeting we had focused on 18 U.S.C. § 2422(b), specifically your 
contention that Mr. Epstein did not use the phone to coerce anyone to engage in illegal sexual 
activity. We understand the issue you raise concerning the statutory interpretation. As before, 
however, we cannot agree that there is no evidence that would support a charge under Section 
2422(b), nor can we agree that there is no argument in support of the application of that statute to 
this case. Finally, our assessment is that the application of that statute to these facts would not be 
2 
EFTA00194516
Page 564 / 651
05/16/2008 11:17 FAX 
06/18/08 FRI 11:09 FAX 
U006/006 
O005 
the case on the merits after jeopardy has attached." USAM 9-2.031(C). Our understanding is 
that the state case is still pending. As such, the procedural posture of the state case does not 
implicate the petite policy. 
We recognize that the petite policy could be triggered if the state case concluded after a 
federal indictment was issued but prior to the commencement of any federal trial. Id. However, 
the policy "does not apply ... where the [state] prosecution involved only a minor part of the 
contemplated federal charges?' USAM 9-2.031(B). Based on our understanding of the possible 
federal charges and existing state charges, we do not think the petite policy would be an issue 
should federal proceedings take place. 
Federalism and Prosecutorial Discretion. All of the above issues essentially ask whether 
a federal prosecution can proceed. We understand, however, that you also ask whether a federal 
prosecution should proceed, even in the event that all of the elements of a federal offense could 
be proven. On this issue, you raised two arguments: that the conduct at issue here is traditionally 
a state concern because the activity is entirely local, and that the typical prosecution under federal 
child exploitation statutes have different facts than the ones implicated here. You have 
essentially asked us to look into whether a prosecution would so violate federal prosecutorial 
policy that a United States Attorney's Office should not pursue a prosecution. We do not think 
that is the case here for the following reasons. 
Simply, the commercial sexual exploitation of children is a federal concern, even when 
the conduct is local, and regardless of whether the defendant provided the child (the "pimp") or 
paid for the child (the "joie). In your materials, you refer to a letter sent by the Department of 
Justice to Congress in which the Department expresses concern over the expansion of federal 
laws to reach almost all instances of prostitution. In that portion of the letter, the Department 
was expressly referring to a proposed federal law that reach adult prostitution Where no force, 
fraud, or coercion was used. Indeed, the point beingsnade inlhattettezis that.the_Departmenes- - - 
-
----efforts are properly focused on the commercial sexual exploitation of children and the 
exploitation of adults through the use of force, fraud, or coercion. As such, there is no 
inconsistency between the position taken in that letter and the federal prosecution of wholly local 
instances of the commercial sexual exploitation of children. 
If Congress wanted to limit the reach of federal statutes only to those who profit from the 
commercial sexual exploitation of children, or only to those who actually traffic children across 
state lines, it could have done so. It did not. Finally, that a prosecution of Mr. Epstein might not 
look precisely like the cases that came before it is not dispositive. We can say with confidence 
that this case is consistent in principle with other federal prosecutions nationwide. As such, Mr, 
Acosta can soundly exercise his authority to decide to pursue a prosecution even though it might 
involve a novel application of a federal statute. 
Conclusion. After carefully considering all the factual and legal issues raised, as well as 
the arguments concerning the general propriety of a federal case against Mr. Epstein on these 
4 
EFTA00194517
Page 565 / 651
Gmail - Fw: confidential communication 
Page 1 of 4 
by GO:3k' 
Ann Marie Villafanaa 
Fw: confidential communication 
1 message 
Villafana, Ann Marie C. (USAFLS) < Ann.Marie.C.Villafana@usdoj.gov> 
 
Original Message 
From: Acosta, Alex (USAFLS) 
To: JLefkowitz@kirkland.com <JLefkowitz@kirkland.com> 
Cc: Sloman, Jeff (USAFLS); Villafana, Ann Marie C. (USAFLS) 
Sent: Mon May 19 18:14:45 2008 
Subject: RE: confidential communication 
Dear Mr. Lefkowitz: 
I appreciate your communication. 
Thu, May 22, 2008 at 
3:37 AM 
As the trial team communicated in response to your previous call, any communications 
regarding this matter should be address to them. 
This is not meant to be a "shunt-off" to staff. I trust you understand that they are professionals, 
and have discretion to proceed as they judge appropriate in this matter. 
I am copying our AUSAs here, so they too are aware of this communication. 
Alex Acosta. 
From: Jay Lefkowitz [mailto:JLefkowitz@kirkland.corn] 
Sent: Monday, May 19, 2008 10:54 AM 
To: Acosta, Alex (USAFLS) 
EFTA00194518
Page 566 / 651
Gmail - Fw: confidential communication 
Page 3 of 4 
following key points: First, there was no telephonic communication 
t met the requirements of 
§ 2422(b). For example, as many other witnesses have stated, Ms 
testified in no unclear 
terms that there was never any discussion over the phone about her coming over to Mr. 
Epstein's home to engage in sexual activity: "The only thing that ever occurred on any of these 
phone calls [with Sarah Kellen or another assistant]  as 'Are you willing to come over,' or, 
s
'Would you like to come over and give a massage." 
Tr. A at 15. Second, the underage 
women who visited Mr. Epstein have testified that they lie about their age in order to gain 
admittance into his home and women who brought their underage friends to Mr. Epstein 
counseled them to lie about their ages as well. Ms. 
stated the following: "I would tell my 
girlfriends just lik 
approached me. Make sure you tell him you're 18. Well, these girls 
that I brought, I know t at hey were 18 or 19 or 20. And the girls that I didn't kno 
I don't 
know if they were lying or not, I would say make sure that you tell him you're 18." 
Tr. at 
22. Third, there was no routine or h . su gesting an intent to transform a massage intaan 
illegal sexual act. For instance, Ms. 
stated that Mr. Epstein "never touched [her] 
physicall " and that all she did was "massage[ ] his back, his chest and his thighs and that was 
it." 
Tr. at 12-13. Finally, as you are well aware, there was no force, coercion, fraud, 
violence, drugs, or even alcohol present in connection with Mr. Epstein's encounters with these 
women. 
The civil suits confirm that the plaintiffs did not discuss engaging in sexually-related activities 
with anyone prior to arriving at Mr. Epstein's residence. This reinforces the fact that no 
telephbnic or Internet persuasion, inducement, enticement or coercion of any kind occurred. 
Furthermore, Mr. Herman, the attorney for most of the civil complainants,•was quoted in the 
Palm Beach Post as saying that "it doesn't matter" that his clients lied about their ages and told 
Mi. Epstein that they were 18 or 19. In short, the new evidence establishing that the women 
deliberately lied about their age because they knew Mr. Epstein did not want anyone under 18 
in his house directly undercuts the claim that Mr. Epstein willfully blinded himself as to their 
ages. Willful blindness is not a substitute for evidence of knowledge nor is it a negligence 
standard. It requires proof beyond reasonable doubt of deliberate intent and specific action to 
hide one's knowledge. There is absolutely no such evidence of that here, so it is not even a jury 
_FurtherMore,Millful ignorOnCe.cannot.constitute the requireamens reafor.a crime of 
conspiracy or aiding and abetting. 
Through the recent witness statements, we have also discovered another serious issue that 
implicates the integrity of the federal investigation. We have learned that FBI Special Agent 
Kurkendayl attempted to convince these adult women, now in their twenties, that they were in 
fact "victims" even though the women themselves strongly disagreed with this characterization. 
This conduct, %rain, goes to the heart of the integrity of the investigation. In a sworn 
statement, Ms. 
was highly critical of the overreaching by federal law enforcement officers 
in this case. She testified—in no uncertain terms—that she does not, and never did, feel like a 
"victim," despite the fact that the FBI repeatedly tried to convince her otherwise. 
I am mindful of the fact that we have a state court date of July 8 on which either to enter a plea 
or to commence trial. As I review the trial options with Mr. Epstein, I certainly want to make sure 
I do everything within my power to obviate a need for trial through a reasonable alternative.
resolution. Although it is clear that CEOS is not directing a prosecution here, and has stated 
only that you have the authority to commence such a prosecution, I am well aware that the 
decision whether to proceed, subject to any further process in Washington, is now within your 
discretion. I think the new facts should greatly influence your decision and accordingly, I hope 
you will agree to meet with me, both to discuss the new evidence and to discuss a resolution to 
this matter once and for all. I am available to meet with you at your earliest convenience 
subject to our mutual availability. 
EFTA00194519
Page 567 / 651
Gmail - (no subject) 
Page 1 of 17 
Ga il 
etConAc 
(no subject) 
1 message 
Thu, Dec 27, 2007 at 10:07 
PM 
To: "Ann Marie C. (USAFLS) Villafana" <ann.marie.c.villafana©usdoj.gov> 
Ann Marie Vil'arena 
Begin forwarded message: 
From: Jay Lefkowitz <JLefkowitz@kirklancl.com> 
Date: October 1, 2007 9:42:19 AM EDT 
To:1 
Sub 
Marie - I have a hearing today in the sdny. But a call around 130 or 2 pm might work. If 
not, it will have to be later today, around 530. I will call you in the earlier window if i can, 
and if not, we will definitely speak in the later window. 
Jay 
10/01/2007 09:31 AM 
To "Jay Lefkowitz" <JLefkowitz@kirkland.com> 
cc 
Subject Re: 
Hi Jay -- I haven't been able to access my e-mail until now. I am free until 
10:00, then at 1:00, then at 5:00. Would any of those work for you? 
On 10/1/07, Jay Lefkowitz <JLefkowitzakirkland.com> wrote: 
Marie - I tried to reach you over the weekend but 
couldn't reach you either by email or cell. Can we set 
up a call for 10:45 am tomday? 
Jay 
Original Message 
EFTA00194520
Page 568 / 651
Gmail - (no subject) 
Page 3 of 17 
*********************************************************** 
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 L'LP. 
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. 
*********************************************************** 
Begin forwarded message: 
From: Jay Lefkowitz <JLefkowitz©klrkland.com> 
Date: October 1, 2007 7:13:01 AM EDT 
To: "Marie Villafana" <Ann.Matio.C.Villafana@usdotgoy> 
Subject: Re: 
Marie - I tried to reach you over the weekend but 
couldn't reach you either by email or cell. Can we set 
up a call for 10:45 am tomday? 
Jay 
---- Original Message 
From: Jay Lefkowitz 
Sent: 09/30/2007 03:04 PM CDT 
To: "Marie Villafana" 
<Ann.Marie.C.Villafana usdo'. ov).• "Ann Marie 
Villafana 
Subject: e: 
Marie - are you available to speak at all today? 
--- Original Message 
From: Jay Lefkowitz 
Sent: 09/30/2007 07:23 AM CDT 
To: "Marie Villafana" 
<Ann.Mar' 
' 
• 
• "ppp Marie 
Villafana' 
Marie - I left you a voicemail yesterday on your cell. 
What time later today can you speak? 
Thx. Jay 
EFTA00194521
Page 569 / 651
Gmail - Fwd: Epstein agreement 
Page 1 of 2 
6,Coosit 
Fwd: Epstein agreement 
1 message 
Ann Marie VillafandMISIIIMMIM 
Ann Marie Villafana 
Thu, Dec 27, 2007 at 10:09 
PM 
To: "Ann Marie C. (USAFLS) Villafana" <ann.marie.c.villafana@usdoj.gov> 
Begin forwarded message: 
From: "Villafana, Ann Marie C. VUSAFLSt <Ann.Marie.C.Villafana@usdoj.gov> 
Date: September 23, 2007 8:58:25 PM EDT 
To: "Jay Lefkowitz' ‹Lefkowitz©kirkland.com> 
Subject: Epstein agreement 
Hi Jay — Here are the revisions that I agree with and those I don't. We have been over 
paragraph 6 an infinite number of times. It is factually accurate that the list we are going to 
give you are persons we have identified as victims. If we did not think they were victims, 
they would have no right to bring suit, regardless of whether your client is willing to waive 
liability or not. I have not balked about giving your client yet another month to self-
surrehdir, so please let us just put NI to rest—. Ichingeil the amount Of timeloTthe US to 
notify you of breach to take into account the fact that this agreement will not be completed 
within 30 months of execution (because of the lengthy delay before self-surrender) and to 
give us a 6 month window in case we discover a violation after Mr. Epstein is released. 
I do not care if you want to call the appointed person a "representative" instead of a 
guardian, so long as he/she is: (1) a lawyer; (2) independent; (3) selected by our Office or a 
federal judge; and (4) paid for by your client or by the federal court. 
I have sent this to Alex for his review. I have asked him to call me either late tonight or 
early tomorrow morning. When I get his comments, I will get back to you, probably 
tomorrow. 
Thank you, 
«070923 Epstein Non-Prosecution Agreement final v2.pdf>> 
EFTA00194522
Page 570 / 651
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 by indictment 
with solicitationpf 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 into Epstein's background and any 
offenses that may. have been committed by Epstein against the United States froth in or 
around 2001 through in or around September 2007, including: 
(1) 
knowingly and willfully conspiring with others known and unknown to 
commit an offense against the United States, that is, to use a facility or means 
of interstate or foreign commerce tci knowingly persuade, induce, or entice 
• minor females to engage in prostitution, in violation of Title 18, United  States 
Code, Section 2422(b); all in violation of Title 18, United States Code, Section 
371; 
(2) • r knowingly and willfully conspiring with others known and unknown to travel 
in interstate commerce for the purpose of engaging in illicit sexual conduct, as 
defined in 18 U.S.C. § 2423(f), with minor females, in violation of Title 18, 
United States Code, Section 2423(6); all in violation of.Title 18, United States • 
Code, Section 2423(e); 
(3) 
using a facility or means of interstate or foreign commerce to knowingly 
persuade, induce, or entice minor females to engage in prostitution; in 
violation of Title 18, United States Code, Sections 2422(b) and 2; 
(4) 
traveling in.interstate commerce for the repose of engaging in illicit sexual 
conduct, as defined in 18 U.S.C. § 2423(f), with minor females; in violation 
Page 1 of 6 
EFTA00194523
Page 571 / 651
be divided as follows: 
(a) 
Epstein shall begin by serving eighteen (18) months in county 
jail for all charges, without any opportunity for withholding 
adjudication or sentencing, and without probation or community 
control in lieu of imprisonment; and 
(b) ' following the term of imprisonment, Epstein shall serve twelve 
(12) months of community control. 
3. 
The terms contained in paragraphs 1 and 2, supra, do not foreclose 
Epstein and the State Attorney's Office from agreeing to recommend 
any additional charge(s) or any additional term(s) of probation and/or 
incarceration. 
4. 
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. 
5. 
Epstein shall provide to the U.S. Attorney's Offitte copies of all 
proposed agreetnentswith the State Attorney's Office prior to entering 
into those agreements. 
' 
• 
6. 
The United States shall provide Epstein's attorneys with a list of 
individuals whom it has identified as victims, as defined in 18 U.S.C. 
§ 2255, after Epstein has signed this agreement  and been sentenced. 
Upon the execution of this agreemencEe United States will Ee a 
motion with the United States District Court for the Southern District 
of Florida for the appointment of a guardian ad litem for these persons. 
Epstein's counsel may contact the identified individuals through that 
guardian. 
7. 
If any of the individuals referred to in paragraph (6), supra, elects to 
file suit pursuant to 18 U.S.C. § 2255, Epstein will not contest the 
jurisdiction of the United States District Court for the Southern District 
of Florida over his person and/or the subject matter, and Epstein waives 
his right to contest liability and also waives his right to contest damages 
up to an amount as agreed to between the identified victim and Epstein, 
so long as the identified victim elects to proceed exclusively under 18 
U.S.C. § 2255, and agrees to waive any other claim for damages, 
whether pursuant to state, federal, or common law. Notwithstanding 
. 
Page 3 of 6 
EFTA00194524
Page 572 / 651
in abeyance unless and until the defendant violates any term of this agreement. The 
defendant likewise agrees to withdraw his pending motion to intervene and to quash certain 
grand jury subpoenas. Both parties agree to maintain their evidence, including certain 
computer equipment, inviolate until all Of the terms of this agreement have been satisfied. 
Upon the successful completion of the terms of this agreement, all outstanding grand jury 
subpoenas shall be deemed withdrawn. 
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 and any other individual or entity 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, br in bringing a defendant to trial. Epstein 
hereby requests that the United States Attorney for the Southern District ofFlorida 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 
'airtecrgiates 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 as to those offenses that were the subject of the 
grand jury's investigation. Epstein fluffier 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 any offense that was the 
subject of the grand jury's investigation, 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. 
/ / / 
/// 
/// 
Page 5 of 6 
EFTA00194525
Page 573 / 651
Villafana, Ann Marie C. (USAFLS) 
Front 
Senior, Robert (USAFLS) <RSenior@usa.doj.gov> 
Sent: 
Monday, June 23, 2008 10:06 AM 
To: 
Villafana, Ann Marie C. (USAFLS); Kuyrkendall, E N. (MM) (FBI); Richards, Jason R. (MM) 
(FBI) 
Cc: 
Atkinson, Karen (USAFLS) 
Subject: 
RE: Trip to New York, etc. 
Ok. Marie, hoping to hear from DAG's office today giving the green light. Let's talk when that decision is 
made. 
From: Villafana, Ann Marie C. (USAFLS) 
Sent: Monday, June 23, 2008 9:15 AM 
To: Kuyrkendall, E N. (FBI); Richards, Jason R. (FBI) 
Cc: Atkinson, Karen (USAFLS); Senior, Robert (USAFLS) 
Subject: Trip to New York, etc. 
We will not be interviewing Marina in New York. Her attorney gave a copy of the grand jury subpoena to 
Epstein's lawyers. They, in turn, promptly sent it on to Washington complaining, yet again, about me. So, I do 
not want to do an interview with him present, and we will have to put her in the grand jury. 
Given that, let's take the New York section out of the indictment so we can present the indictment Tuesday 
morning. Then we can do Marina's interview in the afternoon with plans to supersede. It probably makes sense 
to wait on the rest of the interviews until we hear what Marina has to say, so let's plan to do the New York trip 
in a few weeks. 
Bob — I will revise everything accordingly and send it down to you. We have another girl from Florida, so I 
will replace our New York Jane Doe with her. 
A. Marie Villafatia 
Assistant U.S. Attorney 
500 S. Australian Ave, Suite 400 
West Palm Beach, FL 33401 
Phone 561 209-1047 
Fax 561 820-8777 
4 
EFTA00194526
Page 574 / 651
Villafana, Ann Marie C. (USAFLS) 
From: 
Roy BLACK <RBLACK@royblaciccom> 
Sent: 
Tuesday, June 24, 2008 3:13 PM 
To: 
Villafana, Ann Marie C. (USAFLS) 
Subject: 
RE: FW: Jeffrey Epstein 
yes. 
>>> "Villafana, Ann Marie C. (USAFLS)" 
<Ann.Marie.C.Villafanaigusdoj.gov> 6/24/2008 3:08 PM >>> 
Ili Roy -- Is this the best number to call? (305) 371.6421 
A. Marie Villafa0a 
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: Roy BLACK frnailto:RBLACK@rovblack.coml 
Sent: Tuesday, June 24, 2008 3:02 PM 
To: Villafana, Ann Marie C. (USAFLS) 
Cc: jack goldberger 
Subject: Re: FW: Jeffrey Epstein 
Marie that is a good time. I also want to conference Jack Goldberger 
into the call. This will be a wrap up call. Roy 
>>> "Villafana, Ann Marie C. (USAFLS)" 
<Ann.lidarie.C.Villafanafglusdoj.gov> 6/24/2008 12:23 PM >» 
Dear Roy: 
Jeff Sloman contacted me and asked me to return your call regarding 
the 
Epstein matter. I am forwarding to you an e-mail that I sent to Jay 
Letkowitz last night. 
Karen and I can call you at 3:30 to speak about your list of issues. 
If that time does not work, please let me know what times you are 
available. 
Thank you. 
A. Marie Villafatla 
Assistant U.S. Attorney 
500 S. Australian Ave, Suite 400 
West Palm Beach, FL 33401 
Phone 561 209-1047 
Fax 561 820-8777 
From: Villafana, Ann Marie C. (USAFLS) 
Sent: Monday, June 23, 2008 5:55 PM 
To: lefkowitz@kidcland.com; Jay Lefkowitz 
Cc: Atkinson, Karen (USAFLS) 
3 
EFTA00194527
Page 575 / 651
Subject: Jeffrey Epstein 
Dear Mr. Letkowitz: 
1 understand that the Deputy Attorney General has completed his review 
of the Epstein matter and has determined that federal prosecution of 
Mr. Epstein's case is appropriate. 
Accordingly, Mr. Epstein has until the close of business on Monday, 
June 30, 2008, to comply with the terms and conditions of the 
agreement 
between the United States and Mr. Epstein (as modified by the U.S. 
Attorney's December 19th letter to Ms. Sanchez), including entry of a 
guilty plea, sentencing, and surrendering to begin his sentence of 
imprisonment. 
If you have any questions, please feel free to contact me at the 
number 
shown below. 
A. Marie Villafafia 
Assistant U.S. Attorney 
500 S. Australian Ave, Suite 400 
West Palm Beach, FL 33401 
Phone 561 209-1047 
Fax 561 820-8777 
4 
EFTA00194528
Page 576 / 651
Villafana, Ann Marie C. (USAFLS) 
From: 
Sloman, Jeff (USAFLS) <1Sloman@usa.doj.gov> 
Sent: 
Tuesday, June 24, 2008 9:14 PM 
To: 
Villafana, Ann Marie C. (USAFLS) 
Subject: 
Re: Jeffrey Epstein Agreement 
Let's talk about going to the COP 
--- Original Message ---
From: Villafana, Ann Marie C. (USAFLS) 
To: Roy BLACK <RBLACK(groyblack.com>; Jack Goldberger <jgoldberger®agwpa.com> 
Cc: Atkinson, Karen (USAFLS) 
Sent: The Jun 24 16:04:55 2008 
Subject: Jeffrey Epstein Agreement 
Dear Roy and Jack: 
I am just writing to re-state that it is the Government's position that we have a signed, binding agreement and that there is no need for 
further modification. 
Please keep us informed of the date and time of the change of plea and sentencing. 
Thank you. 
A. Marie Villafafia 
Assistant U.S. Attorney 
500 S. Australian Ave, Suite 400 
West Palm Beach, FL 33401 
Phone 561 209-1047 
Fax 561 820-8777 
6 
EFTA00194529
Page 577 / 651
Villafana, Ann Marie C. (USAFLS) 
From: 
Sloman, Jeff (USAFLS) <1Sloman@usa.doj.gov> 
Sent: 
Thursday, July 17, 2008 2:51 PM 
To: 
Villafana, Ann Marie C. (USAFLS); Acosta, Alex (USAFLS); Atkinson, Karen (USAFLS); Lee, 
Dexter (USAFLS) 
Subject: 
RE: Emailing: 080717 Tein Ltr.wpd 
Attachments: 
080717 DraftTein Ltr.wpd 
Marie, 
'Fein may be trying to bait us into declaring the matter closed when it's technically deferred/suspended. As a result, I've revised your 
draft which you may be able to color in a bit. Let me know what you think. Thanks, 
Jeff 
----Original Message 
From: Villafana, Ann Marie C. (USAFI,S) 
Sent: Thursday, July 17, 2008 11:38 AM 
lb: Acosta, Alex (USAFLS); Sloman, Jeff (USAFL,S); Atkinson, Karen (USAFLS); Lee, Dexter (USAFLS) 
Subject: Ernailing: 080717 Tein l.tr.wpd 
----Original Message 
From: Villafana, Ann Marie C. (USAFLS) 
Sent: Thursday, July 17, 2008 11:38 AM 
To: Acosta, Alex (USAELS); Sloman, Jeff (USAFLS); Atkinson, Karen (USAFLS); Lee, Dexter (USAFLS) 
Subject: Emailing: 080717 Tein Ltr.wpd 
Here it is. Feel free to revise. 1 have listed myself as the author, but it may be more powerful coming from someone else. 
The message is ready to be sent with the following file or link attachments: 
080717 Tein Ltr.wpd 
Note: To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check 
your c-mail security settings to determine how attachments are handled. 
EFTA00194530
Page 578 / 651
U.S. Department of Justice 
United States Attorney 
Southern District of Florida 
A. Marie Villafaifa 
500 South Australian Ave, Suite 400 
West Palm Beach, Florida 33401 
(561)820-8711 
Facsimile (561) 820-8777 
FACSIMILE COVER SHEET 
TO: 
MICHAEL DUTKO 
 
DATE: 
July 10, 2008 
FAX NO. 
954 764-5040 
# OF PAGES: 
4
PHONE NO.  954 764-2500 
RE: 
FROM: 
A. MARIE VILLAFAITIA, ASSISTANT U.S. ATTORNEY 
PHONE NO. 
561  820-8711 
COMMENTS: 
EFTA00194531
Page 579 / 651
P. 1 
* * * TRANSMISSION RESULT REPORT ( JUL.10.2008 1:04PM ) * * * 
TTI USAO WPB FL 
DATE 
TIME 
ADDRESS 
MODE 
TIME 
PAGE RESULT 
PERS. NAME 
FILE 
JUL.10. 1:03PM 19547645040 
TES 
0'44" P. 4 
OK 
425 
4 : BATCH 
L : SEND LATER 
S : STANDARD 
A-: ASYNC MODE 
C : CONFIDENTIAL 
@ : FORWARDING 
D : DETAIL 
1-: MIL_STD MODE 
P : POLLING 
E : ECM 
F : FINE 
G-: RICOH-MG3/COMPATIBLE MODE 
M : MEMORY 
: REDUCTION 
EFTA00194532
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U.S. Department of Justice 
United States Attorney 
Southern District of Florida 
A. Marie Villafafla 
500 S. Australian Ave, 4th Floor 
West Paint Beach, Florida 33401 
(561) 820-8711 
Facsimile (561) 820-8777 
FACSIMILE COVER SHEET 
TO: 
Jeffrey Herman, Esq. 
DATE:. 
July 10. 2008 
FAX NO. 
305-931-0877
PHONE NO. 
305-931-2200 
# OF PAGES:  
13 
RE: 
Jeffrey Epstein 
FROM: 
A. MARIE VILLAFATRA, Assistant U.S. Attorney 
PHONE NO.  561 209-1047 
COMMENTS: 
EFTA00194533
Pages 561–580 / 651