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
EFTA00206173
340 pages
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Criminal Division. Appellate Section tel: fax: Original Message From: [mailto: Sent: Sunda . March 27, 2011 1:31 PM To: (USAFLS); Subject: Emailing: CVRA Omnibus Response.wpd USAFLS «CVRA Omnibus Response.wpd>> Hi and MI -- Obviously, this is just a rough draft of an introduction. I have been side-tracked by research. I found a case where a prisoner tried to use the CVRA in a habeas/Rule 35 type claim. I think that is a good example of how the CVRA, as Cassell sees it, could be abused. Since every assault on a federal prisoner is a federal crime, federal defendants could demand meetings with AUSAs claiming that they were assaulted (whether or not the assaults actually occurred) and, even if the USAO decided to defer to administrative authorities, i.e., the Bureau of Prisons, according to Cassell, we would be forced to go meet with them. I also have found good language in several cases that suggest that the Petitioners' failure to prosecute the case will end up being a second reason to dismiss the petition. Cassell will, no doubt, try to pin the blame on us, but they had no contact with us for over a year while they were pursuing their civil claims against Epstein. In the meantime, Epstein finished serving his entire criminal sentence. And now they want to try to attack the "plea" agreement. There is good language about the need for finality in criminal proceedings that should help with that. Talk to you all on Monday. Thanks. The message is ready to be sent with the following file or link attachments: CVRA Omnibus Response.wpd Note: To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. From: (USAFLS) e > Sent: Tuesday, March 29, 2011 10:13 AM To: ); (USAFLS) Subject: Emailing: CVRA Omnibus Response.wpd Attachments: CVRA Omnibus Response.wpd «CVRA Omnibus Response.wpd» It would help if I sent this along. Sorry! EFTA00206473
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The message is ready to be sent with the following file or link attachments: CVRA Omnibus Response.wpd Note: To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. From: (USAFLS) ‹ > Sent: Wednesday, March 30, 2011 11:55 AM To: (USAFLS); (USAFLS); (USAFLS); (USAFLS) Cc: (USAFLS) Subject: RE: Please click on link below Just FYI — The blog is, for the most part, completely nuts, but the link to William Riley is real. William Riley is the person who removed the computers from Mr. Epstein's house after Epstein or Roy Black somehow found out that a state search warrant was coming. (It was suspected that a court reporter at the state courthouse was the source of the leak, but never confirmed.) He also was one of the private investigators who investigated the agents and probably me during the investigation. Special Agent accent). See how much fun this is! Assistant U.S. Attorne Fax was followed to her home this past weekend, but it is believed that it was a reporter (British Ori inal Message From: (USAFLS) Sent: Wednesda March 30, 2011 10:51 AM To: . (USAFLS); (USAFLS); Cc: (USAFLS); (USAFLS) Subject: FW: Please click on link below This is wackiest thing I have ever read. ----Original Message From: csamoff (mailto:csamoff@bellsouth.net] Sent: Wednesday, March 30, 2011 7:55 AM To: MI, (USAFLS); Subject: Please click on link below Good morning, (USAFLS) (USAFLS) Off The Record- Please can you comment on this piece? Just received and fitting pieces together. Call when you can. Thank you, Conchita http://acivilcontemptblog.blogspot.com/ EFTA00206474
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From: (USAFLS) Sent: Thursday, March 24, 2011 8:20 PM To: (USAFLS) Subject: Re: Statement re Epstein It is supposedly part of the 350 pages of correspondence that the Jane Does filed on Monday. I am trying to check now. It was filed under seal and I just got it at 4:00 today Origiia . l Message ---- From: (USAFLS) Sent: Thurscla , March 24, 2011 08:16 PM To: . (USAFLS) Subject: Re: Statement re Epstein When and where was the Itr filed? That is news to me From: (USAFLS) Sent: Thursda , March 24, 2011 07:57 PM To: USAFLS Cc: (USAFLS); Subject: RE: Statement re Epstein And it has already been filed with the court! Assistant U.S. Attorne Fax ----Ori_guS Message From: =, (USAFLS) Sent: Thursda , March 24, 2011 7:51 PM To: . (USAFLS) Subject: Fw: Statement re Epstein Sorry. Here it is ---- Original Message — From: csamoff (mailto: Sent: Thursday, March 24, 2011 06:56 PM To: =, (USAFLS); Janet Aitken Subject: Re: Statement re Epstein Thank you Best, Conchita Message----- From: == To: Janet Aitken Cc: Subject: Statement re Epstein Sent: 24 Mar 2011 18:40 (USAFLS) EFTA00206475
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After reviewing the U.S. Attorneyaes handling of this matter, including allegations of misconduct, the office of the deputy attorney general determined there was no basis to intervene in the matter. We will not be making additional comments. Thanks for checking with us. Special Counsel to the US Attorney Sent from my Verizon Wireless BlackBerry From: (USAFLS) Sent: Thursday, March 24, 2011 8:17 PM To: . (USAFLS) Subject: Re: Statement re Epstein When and where was the Itr filed? That is news to me ---- Ono inal Messa e From: (USAFLS) Sent: Thursda , March 24, 2011 07:57 PM To: USAFLS Cc: (USAFLS); Subject: RE: Statement re Epstein And it has already been filed with the court! Assistant U.S. Attorne Fax OrigirS Message From: =, (USAFLS) Sent: Thursda , March 24, 2011 7:51 PM To: . (USAFLS) Subject: Fw: Statement re Epstein Sorry. Here it is (USAFLS) Original Message --- From: csamoff Sent: Thursday, March 24, 2011 06:56 PM To: =,= (USAFLS); Janet Aitken e > Subject: Re: Statement re Epstein Thank you Best, Conchita Message----- From: == To: Janet Aitken Cc: Subject: Statement re Epstein Sent: 24 Mar 2011 18:40 EFTA00206476
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After reviewing the U.S. Attorneyaems handling of this matter, including allegations of misconduct, the office of the deputy attorney general determined there was no basis to intervene in the matter. We will not be making additional comments. Thanks for checking with us. Special Counsel to the US Attorney Sent from my Verizon Wireless BlackBerry From: (USAFLS) Sent: Thursday, March 24, 2011 8:29 PM To: (USAFLS) Subject: RE: Statement re Epstein Sure. I am still at the office but leaving soon. Assistant U.S. Attorne Fax ----Ori inal Messa e-- From: (USAFLS) Sent: Thursda , March 24, 2011 8:28 PM To: . (USAFLS) Subject: Re: Statement re Epstein I'm at this AUSA reception thing. Can I call you later if it's not too late? ---- Ori inWtiesm— From: (USAFLS) Sent: Thursda , March 24, 2011 07:56 PM To: USAFLS Cc: (USAFLS): Subject: RE: Statement re Epstein (USAFLS) Why do you make it so hard for the good guys to follow the rules? Just release the letter. It isn't a privileged communication. It was sent to opposing counsel. Assistant U.S. Attorne Fax Origial Message From: =. (USAFLS) Sent: Thursda , March 24, 2011 7:51 PM To: . (USAFLS) Subject: Fw: Statement re Epstein Sorry. Here it is EFTA00206477
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Original Message From: csamoff [mailto: Sent: Thursday, March 24, 2011 06:56 PM To: 'MI= (USAFLS); Janet Aitken Subject: Re: Statement re Epstein Thank you Best, Conchita Message------ From: == To: Janet Aitken Cc: Subject: Statement re Epstein Sent: 24 Mar 2011 18:40 After reviewing the U.S. Attorneya€Tms handling of this matter, including allegations of misconduct, the office of the deputy attorney general determined there was no basis to intervene in the matter. We will not be making additional comments. Thanks for checking with us. Special Counsel to the US Attorney Sent from my Verizon Wireless BlackBerry From: (USAFLS) < Sent: Friday, March 25, 2011 9:15 AM To: (USAFLS); (USAFLS); (USAFLS); (USAFLS); (USAFLS); Cc: (USAFLS) Subject: Fw: published today, The Daily Beast/Newsweek FYI From: [mailto: Sent: Fridl arch 25, 2011 09:08 AM To: , (USAFLS) Subject: published today, The Daily Beast/Newsweek (USAFLS) http://www.thedailybeast.com/blogs-and-stories/2011-03-25/jeffrey-epstein-how-the-billionaire- pedophile-got-off-easy/?cid=hp:mainpromo1 Conchita SarnoffThe message and any attachment may be confidential or privileged and isintended only for the individual or entity identified above as theaddressee. If you are not the addressee, or if this message has beenaddressed to you in error, you are not authorized to read, copy ordistribute this message or any attachments and we ask that you please deletethis message and any attachments and notify the sender by return email.Delivery of this message and any attachments to any person (s) is notintended in any way to waive confidentially or a privilege. From: Sent: To: Ann Friday, March 25, 2011 7:39 AM . (USAFLS) EFTA00206478
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Subject: Jeffrey Epstein: How the Hedge Fund Mogul Pedophile Got Off Easy - The Daily Beast http://www.thedailybeast.com/blogs-and-stories/2011-03-25/jeffrey-epstein-how-the-billionaire-pedophile-got-off-easy/2/ A. From: (USAFLS)< > Sent: Friday, March 25, 2011 5:41 PM To: . (USAFLS) Attachments: Facts response.wpd <<Facts response.wpd» Assistant U.S. Attorney Fax From: (USAFLS)< > Sent: Friday, March 25, 2011 9:24 AM To: (USAFLS); Waters, Robert (USAFLS) Subject: FW: published today, The Daily Beast/Newsweek Assistant U.S. Attorney Fax EFTA00206479
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From: (USAFLS) Sent: Frida March 25, 2011 9:15 AM To: . (USAFLS (USAFLS; (USAFLS); USAFLS); (USAFLS); (USAFLS) Cc: (USAFLS) Subject: Fw: published today, The Daily Beast/Newsweek FYI From: [mailto: Sent: Fridly arch 25, 2011 09:08 AM To: , (USAFLS) Subject: published today, The Daily Beast/Newsweek http://www.thedailybeast.com/blogs-and-stories/2011-03-25/jeffrey-epstein-how-the-billionaire- pedophile-got-off-easy/?cid=hp:mainpromo1 Conchita SarnoffThe message and any attachment may be confidential or privileged and isintended only for the individual or entity identified above as theaddressee. If you are not the addressee, or if this message has beenaddressed to you in error, you are not authorized to read, copy ordistribute this message or any attachments and we ask that you please deletethis message and any attachments and notify the sender by return email.Delivery of this message and any attachments to any person (s) is notintended in any way to waive confidentially or a privilege. From: (USAFLS)< > Sent: Monday, March 28, 2011 2:45 PM To: (USAFLS); (USAFLS); Cc: (USAFLS); . (USAFLS) Subject: John Connolly Vanity Fair magazine -- Proposed responses (USAFLS) Hi guys — Below please find my proposed answers [in red ink] to John Conolly of Vanity Fair. Let's discuss ASAP so I can send him a response. After we agree on a proposed response, I need to run this by DOJ-Public Affairs before sending out. Thanks From: john1885c [mailto: Sent: Frid larch 18, 2011 1:51 PM To: ,M (USAFLS) Subject: From: John Connolly Vanity Fair magazine Please confirm receipt. EFTA00206480
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AUSA It was a pleasure speaking with you this morning. As per your request here are questions I would like to have answered for a piece I am researching on Jeffrey Epstein. As life would have it I am going to be on a busman's holiday this coming week on Singer Island, FL. I would like to meet you and whomever else you think I should speak with. If not, I understand perfectly. Let me preface these questions by saying that AUSA who was in charge of the investigation of Jeffrey Epstein has a remarkably record as a prosecutor. I also know that an AUSA does not have the authority to grant a potential defendant a non -prosecution agreement without the permission of higher ups in the Justice Department. Not quite three years ago, the US Attorney for the Southern District of Florida, granted Jeffrey Epstein a non-prosecution agreement in return for his accepting a FL State plea deal for his illegal acts regarding sex with minor females. The state case was handled by the West Palm Beach State Prosecutor who has since left office. Re terms and conditions of imprisonment: --Was your office aware of the extraordinary sweet deal that Mr. Epstein was granted by that state prosecutor? --Was your office at the time of the agreement aware that Mr. Epstein would not be sent to a state prison facility as almost all defendants who are sentenced to more that a year in prison are required to do? --Was your office aware that Mr. Epstein would serve his sentence in the local WPB jail? --Was your office aware that Mr. Epstein would be allowed, what most FL law enforcement officials describe as "beyond a sweetheart deal", in that six days a week at 7:00 AM Mr. Epstein would leave the the WPB jail with a corrections officer he was personally paying for, and be escorted to the office of attorney Jack Goldberger where he would be allowed to stay until 11:00 PM and then be returned to jail for the evening? Ostensibly this was so that Mr. Epstein could work on a new charity he had formed. This despite the fact that just prior to beginning his jail sentence, Mr. Epstein liquidated his charity and gave $18 million to a charity run by the wife of his former patron. --Does the US Attorney believe that Mr. Epstein was working on a charity? --Was Mr. Epstein doing work as a Confidential Informer for the federal government as he has in the past? Mr. Eptein was Victim # 1 in the federal indictment of two Bear Stears executives on fraud charges stemming from a mortgage backed fund that went under. Mr. Epstein lost almost $70 million in that fund. EFTA00206481
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--Was Mr. Epstein working on the government case while working on "His Charity"? --Has your office ever agreed to any allow any other prisoner the same or similar sweet deal? --Was your office aware that in return for Mr. Goldberger's help, Mr. Epstein purchased for him a top of the line black BMW? (Sadly for Goldberger he was in an accident and totaled the vehicle three weeks later.) The USAO reached a NPA with Mr. Epstein in good faith. The Agreement speaks for itself about the expectations of the USAO regarding the length and conditions of punishment. Ultimately, the sentence was imposed by the State Court Judge who presided over the matter. At this time, we cannot comment further on your questions regarding any possible cooperation by Mr. Epstein, or what the USAO might have known or not known at the time of the negotiations. Re Alex Acosta alleged Conflict/Recusal Issue: It has come to my attention that the R. Alexander Acos to former Attorney General for the Southern District of Florida during the investigation and non-prosecution agreement with Mr. Epstein had been a law partner and friend of two Mr. Epstein's lawyers. Both Ken Star and Jay Lefkowitz had been partners with Mr. Acosta at the law firm of Kirkland & Ellis prior to his being appointed by President Bush. I have been told by sources that Mr. Acosta was the person responsible for the decision not to prosecute Mr. Epstein. I have also been told that during Mr. Starr's trip to FL to speak with federal prosecutors he complained to Mr. Acosta that the press coverage of his trips to FL on Mr. Epstein's private jets were being leaked by FBI agents. ( I can assure you that was not true.) --Did Mr. Acosta recuse himself from any discussions about the Epstein case so as to avoid even the appearance of impropriety? --Was the possibility of his removing himself from the case ever discussed by officials in the Justice Department? --Are there any memos regarding that? --Is there currently an Office of Professional Responsibility investigation into the facts surrounding the handling of this case and Mr. Acosta actions in it? Mr. Acosta recused from the matter in November 2008. That recusal was reviewed and approved by the Department of Justice, as is the standard procedure in all recusal matters. EFTA00206482
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DOJ policy and the Privacy Act prohibit comment on the existence or non-existence of OPR investigations. However, please note that, at the request of the defense, the office of the deputy attorney general reviewed the U.S. Attorney's handling of this matter, including allegations of misconduct, and determined there was no basis to intervene in the matter. We will not be making additional comments. Thanks for checking with us. Thanks so much for your help, John Connolly From: (USAFLS) Sent: Monday, March 28, 2011 3:05 PM To: (USAFLS); (USAFLS); (USAFLS) Cc: (USAFLS) Subject: RE: John Connolly Vanity Fair magazine -- Proposed responses I am here at my desk. Assistant U.S. Attorney Fax From: (USAFLS) Sent: Monda March 28, 2011 2:45 PM To: . (USAFLS); (USAFLS); Cc: (USAFLS); . (USAFLS) Subject: John Connolly Vanity Fair magazine -- Proposed responses (USAFLS); (USAFLS) Hi guys — Below please find my proposed answers [in red ink] to John Conolly of Vanity Fair. Let's discuss ASAP so I can send him a response. After we agree on a proposed response, I need to run this by DOJ-Public Affairs before sending out. EFTA00206483
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Thanks From: john1885c [mailto: Sent: Frid larch 18, 2011 1:51 PM To: , (USAFLS) Subject: From: John Connolly Vanity Fair magazine Please confirm receipt. AUSA It was a pleasure speaking with you this morning. As per your request here are questions I would like to have answered for a piece I am researching on Jeffrey Epstein. As life would have it I am going to be on a busman's holiday this coming week on Singer Island, FL. I would like to meet you and whomever else you think I should speak with. If not, I understand perfectly. Let me preface these questions by saying that AUSA who was in charge of the investigation of Jeffrey Epstein has a remarkably record as a prosecutor. I also know that an AUSA does not have the authority to grant a potential defendant a non -prosecution agreement without the permission of higher ups in the Justice Department. Not quite three years ago, the US Attorney for the Southern District of Florida, granted Jeffrey Epstein a non-prosecution agreement in return for his accepting a FL State plea deal for his illegal acts regarding sex with minor females. The state case was handled by the West Palm Beach State Prosecutor who has since left office. Re terms and conditions of imprisonment: --Was your office aware of the extraordinary sweet deal that Mr. Epstein was granted by that state prosecutor? --Was your office at the time of the agreement aware that Mr. Epstein would not be sent to a state prison facility as almost all defendants who are sentenced to more that a year in prison are required to do? --Was your office aware that Mr. Epstein would serve his sentence in the local WPB jail? --Was your office aware that Mr. Epstein would be allowed, what most FL law enforcement officials describe as "beyond a sweetheart deal", in that six days a week at 7:00 AM Mr. Epstein would leave the the WPB jail with a corrections officer he was personally paying for, and be escorted to the office of attorney Jack Goldberger where he would be allowed to stay until 11:00 PM and then be returned to jail for the evening? Ostensibly this was so that Mr. Epstein could work on a new charity he had formed. This despite the fact that just prior to beginning his jail sentence, Mr. Epstein liquidated his charity and gave $18 million to a charity run by the wife of his former patron. EFTA00206484
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--Does the US Attorney believe that Mr. Epstein was working on a charity? --Was Mr. Epstein doing work as a Confidential Informer for the federal government as he has in the past? Mr. Eptein was Victim # 1 in the federal indictment of two Bear Stears executives on fraud charges stemming from a mortgage backed fund that went under. Mr. Epstein lost almost $70 million in that fund. --Was Mr. Epstein working on the government case while working on "His Charity"? --Has your office ever agreed to any allow any other prisoner the same or similar sweet deal? --Was your office aware that in return for Mr. Goldberger's help, Mr. Epstein purchased for him a top of the line black BMW? (Sadly for Goldberger he was in an accident and totaled the vehicle three weeks later.) The USAO reached a NPA with Mr. Epstein in good faith. The Agreement speaks for itself about the expectations of the USAO regarding the length and conditions of punishment. Ultimately, the sentence was imposed by the State Court Judge who presided over the matter. At this time, we cannot comment further on your questions regarding any possible cooperation by Mr. Epstein, or what the USAO might have known or not known at the time of the negotiations. Re Alex Acosta alleged Conflict/Recusal Issue: It has come to my attention that the R. Alexander Acos to former Attorney General for the Southern District of Florida during the investigation and non-prosecution agreement with Mr. Epstein had been a law partner and friend of two Mr. Epstein's lawyers. Both Ken Star and Jay Lefkowitz had been partners with Mr. Acosta at the law firm of Kirkland & Ellis prior to his being appointed by President Bush. I have been told by sources that Mr. Acosta was the person responsible for the decision not to prosecute Mr. Epstein. I have also been told that during Mr. Starr's trip to FL to speak with federal prosecutors he complained to Mr. Acosta that the press coverage of his trips to FL on Mr. Epstein's private jets were being leaked by FBI agents. ( I can assure you that was not true.) --Did Mr. Acosta recuse himself from any discussions about the Epstein case so as to avoid even the appearance of impropriety? --Was the possibility of his removing himself from the case ever discussed by officials in the Justice Department? --Are there any memos regarding that? EFTA00206485
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--Is there currently an Office of Professional Responsibility investigation into the facts surrounding the handling of this case and Mr. Acosta actions in it? Mr. Acosta recused from the matter in November 2008. That recusal was reviewed and approved by the Department of Justice, as is the standard procedure in all recusal matters. DOJ policy and the Privacy Act prohibit comment on the existence or non-existence of OPR investigations. However, please note that, at the request of the defense, the office of the deputy attorney general reviewed the U.S. Attorney's handling of this matter, including allegations of misconduct, and determined there was no basis to intervene in the matter. We will not be making additional comments. Thanks for checking with us. Thanks so much for your help, John Connolly From: (USAFLS)< > Sent: Sunday, March 27, 2011 1:31 PM To: (USAFLS); Subject: Emailing: CVRA Omnibus Response.wpd Attachments: CVRA Omnibus Response.wpd «CVRA Omnibus Response.wpd» Hi and MI -- Obviously, this is just a rough draft of an introduction. I have been side-tracked by research. I found a case where a prisoner tried to use the CVRA in a habeas/Rule 35 type claim. I think that is a good example of how the CVRA, as Cassell sees it, could be abused. Since every assault on a federal prisoner is a federal crime, federal defendants could demand meetings with AUSAs claiming that they were assaulted (whether or not the assaults actually occurred) and, even if the USAO decided to defer to administrative authorities, i.e., the Bureau of Prisons, according to Cassell, we would be forced to go meet with them. I also have found good language in several cases that suggest that the Petitioners' failure to prosecute the case will end up being a second reason to dismiss the petition. Cassell will, no doubt, try to pin the blame on us, but they had no contact with us for over a year while they were pursuing their civil claims against Epstein. In the meantime, Epstein finished serving his entire criminal sentence. And now they want to try to attack the "plea" agreement. There is good language about the need for finality in criminal proceedings that should help with that. Talk to you all on Monday. Thanks. The message is ready to be sent with the following file or link attachments: CVRA Omnibus Response.wpd Note: To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. From: R. (FBI) Sent: Friday, March 25, 2011 6:03 PM EFTA00206486
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To: Subject: (USAFLS) Re: Epstein suit in the news New article online re: letter from Acosta. Your mentioned. From: USAFLS) To: R. Sent: Tue Mar 22 13:27:21 2011 Subject: Epstein suit in the news Just FYI — The victims' rights suit is back in the news. or I may be reaching out to you re affidavits or hearing dates. Assistant U.S. Attorney Fax From: Sent: To: Subject: Attachments: (USAFLS) Monday, March 28, 2011 11:57 PM Emailing: CVRA Omnibus Response.wpd CVRA Omnibus Response.wpd <<CVRA Omnibus Response.wpd» Hi -- I am headed home now. Can you tell me if you think this is too cerebral99999 And take a look at 2010 WL 5108692. The message is ready to be sent with the following file or link attachments: CVRA Omnibus Response.wpd Note: To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. From: Sent: (USAFLS) Monday, March 28, 2011 10:59 AM EFTA00206487
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To: (USAFLS); (USAFLS) Cc: (USAFLS); (USAFLS) Subject: RE: Conversation with Roy Black - Redacted Materials Attachments: Facts response.wpd Hi everyone — I am going to be in Miami tomorrow to meet with about some of these things. I started drafting a response to a number of issues, one being a response to the allegations of "fact." And those allegations, if we had agreed with them, would have violated DOJ policy. (See footnote I of the attached.) There is something to be said for Mr. Black's raising of this objection. For example, in one of the letters filed by Cassell, writes something to the effect of, "we were prepared to indict Mr. Epstein so, obviously, we believe that we have proof beyond a reasonable doubt that he committed these crimes." This obviously is a comment on Epstein's guilt. If another U.S. Attorney's Office tried to indict Mr. Epstein in the future, it would be held up as an instance of the "Department of Justice" poisoning the jury pool. I do not believe that Professor Cassell has advised his clients that this will be the effect of his filing. Shall we discuss tomorrow? «Facts response.wpd>> Assistant U.S. Attorney Fax From: (USAFLS) Sent: Monday, March 28, 2011 10:45 AM To: 1 (USAFLS)• (USAFLS) Cc: (USAFLS); . (USAFLS) Subject: Conversation with Roy Black - Redacted Materials Colleagues, I just spoke with Roy Black regarding the U.S. Attorney's Correspondence materials the victims seek to have unredacted. I told him we advised Cassell we had no independent objection to the public filing of the correspondence. Black told me they intended to file a notice today advising the court that Epstein intended to object, and would be filing a detailed legal memo by next Monday. Black said they would send us a courtesy copy by the end of this week. Black will assert three grounds: (1) some of the correspondence contains material covered by Fed.R.Crim.P. 6(e); (2) the correspondence included plea negotiations; and (3) victims' counsel could not be trusted to keep material from the press. Black advised he believed the five-page letter had been leaked to the Daily Beast by the victims' lawyers. EFTA00206488
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Black said he understood the DOJ had policies about public disclosure, but he wanted to know if the government would join in their motion. From: (USAFLS)< > Sent: Monday, March 28, 2011 3:33 PM To: (USAFLS); (USAFLS); Cc: (USAFLS); . (USAFLS) Subject: RE: John Connolly Vanity Fair magazine -- Proposed responses is an individual's recusal and the basis thereof Privacy Act protected? After discussing with M, I am ok leaving that out. From: (USAFLS) Sent: Monda March 28, 2011 3:31 PM To: (USAFLS ; USAFLS); Cc: (USAFLS); . (USAFLS) Subject: Re: John Connolly Vanity Fair magazine -- Proposed responses . (USAFLS) (USAFLS) Would the recusal request also be governed by the Privacy Act? While I do not like commenting on the 2008 recusal in a vacuum because of the erroneous inferences to which it could lead, it also seems to me that we might want to say something about why we're not responding to the recusal question. It also seems to me that an individual's recusal and the basis thereof might potentially fall under the Privacy Act. From: (USAFLS) Sent: Monda March 28, 2011 03:16 PM To: (USAFLS); USAFLS); Cc: (USAFLS); (USAFLS) Subject: RE: John Connolly Vanity Fair magazine -- Proposed responses (USAFLS) I think we should delete the line "Mr. Acosta recused from the matter in November 2008. That recusal was reviewed and approved by the Department of Justice, as is the standard procedure in all recusal matters." We simply shouldn't comment on 2008 Alex's recusal. I am comfortable with the rest with one caveat. If (and only if) the Roth letter has in fact been publicly filed, we could send that as well. Make sense? EFTA00206489
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From: (USAFLS) Sent: Monda March 28, 2011 2:45 PM To: . (USAFLS); (USAFLS); Cc: (USAFLS); . (USAFLS) Subject: John Connolly Vanity Fair magazine -- Proposed responses (USAFLS) Hi guys — Below please find my proposed answers [in red ink] to John Conolly of Vanity Fair. Let's discuss ASAP so I can send him a response. After we agree on a proposed response, I need to run this by DOJ-Public Affairs before sending out. Thanks From: john1885c [mailto: Sent: Fridl larch 18, 2011 1:51 PM To: ,M (USAFLS) Subject: From: John Connolly Vanity Fair magazine Please confirm receipt. AUSA It was a pleasure speaking with you this morning. As per your request here are questions I would like to have answered for a piece I am researching on Jeffrey Epstein. As life would have it I am going to be on a busman's holiday this coming week on Singer Island, FL. I would like to meet you and whomever else you think I should speak with. If not, I understand perfectly. Let me preface these questions by saying that AUSA who was in charge of the investigation of Jeffrey Epstein has a remarkably record as a prosecutor. I also know that an AUSA does not have the authority to grant a potential defendant a non -prosecution agreement without the permission of higher ups in the Justice Department. Not quite three years ago, the US Attorney for the Southern District of Florida, granted Jeffrey Epstein a non-prosecution agreement in return for his accepting a FL State plea deal for his illegal acts regarding sex with minor females. The state case was handled by the West Palm Beach State Prosecutor who has since left office. Re terms and conditions of imprisonment: EFTA00206490
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--Was your office aware of the extraordinary sweet deal that Mr. Epstein was granted by that state prosecutor? --Was your office at the time of the agreement aware that Mr. Epstein would not be sent to a state prison facility as almost all defendants who are sentenced to more that a year in prison are required to do? --Was your office aware that Mr. Epstein would serve his sentence in the local WPB jail? --Was your office aware that Mr. Epstein would be allowed, what most FL law enforcement officials describe as "beyond a sweetheart deal", in that six days a week at 7:00 AM Mr. Epstein would leave the the WPB jail with a corrections officer he was personally paying for, and be escorted to the office of attorney Jack Goldberger where he would be allowed to stay until 11:00 PM and then be returned to jail for the evening? Ostensibly this was so that Mr. Epstein could work on a new charity he had formed. This despite the fact that just prior to beginning his jail sentence, Mr. Epstein liquidated his charity and gave $18 million to a charity run by the wife of his former patron. --Does the US Attorney believe that Mr. Epstein was working on a charity? --Was Mr. Epstein doing work as a Confidential Informer for the federal government as he has in the past? Mr. Eptein was Victim # 1 in the federal indictment of two Bear Stears executives on fraud charges stemming from a mortgage backed fund that went under. Mr. Epstein lost almost $70 million in that fund. --Was Mr. Epstein working on the government case while working on "His Charity"? --Has your office ever agreed to any allow any other prisoner the same or similar sweet deal? --Was your office aware that in return for Mr. Goldberger's help, Mr. Epstein purchased for him a top of the line black BMW? (Sadly for Goldberger he was in an accident and totaled the vehicle three weeks later.) The USAO reached a NPA with Mr. Epstein in good faith. The Agreement speaks for itself about the expectations of the USAO regarding the length and conditions of punishment. Ultimately, the sentence was imposed by the State Court Judge who presided over the matter. At this time, we cannot comment further on your questions regarding any possible cooperation by Mr. Epstein, or what the USAO might have known or not known at the time of the negotiations. Re Alex Acosta alleged Conflict/Recusal Issue: It has come to my attention that the R. Alexander Acos to former Attorney General for the Southern District of Florida during the investigation and non-prosecution agreement with Mr. Epstein had been a law partner and friend of two Mr. Epstein's lawyers. Both Ken Star and Jay Lefkowitz had been partners with Mr. Acosta at the law firm of Kirkland & Ellis prior to his being appointed by President Bush. EFTA00206491
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I have been told by sources that Mr. Acosta was the person responsible for the decision not to prosecute Mr. Epstein. I have also been told that during Mr. Starr's trip to FL to speak with federal prosecutors he complained to Mr. Acosta that the press coverage of his trips to FL on Mr. Epstein's private jets were being leaked by FBI agents. ( I can assure you that was not true.) --Did Mr. Acosta recuse himself from any discussions about the Epstein case so as to avoid even the appearance of impropriety? --Was the possibility of his removing himself from the case ever discussed by officials in the Justice Department? --Are there any memos regarding that? --Is there currently an Office of Professional Responsibility investigation into the facts surrounding the handling of this case and Mr. Acosta actions in it? Mr. Acosta recused from the matter in November 2008. That recusal was reviewed and approved by the Department of Justice, as is the standard procedure in all recusal matters. DOJ policy and the Privacy Act prohibit comment on the existence or non-existence of OPR investigations. However, please note that, at the request of the defense, the office of the deputy attorney general reviewed the U.S. Attorney's handling of this matter, including allegations of misconduct, and determined there was no basis to intervene in the matter. We will not be making additional comments. Thanks for checking with us. Thanks so much for your help, John Connolly From: (USAFLS) < Sent: Monday, March 28, 2011 4:33 PM To: (USAFLS); (USAFLS); (USAFLS); (USAFLS) Cc: Subject: (USAFLS) RE: John Connolly Vanity Fair magazine -- Proposed responses Information that is contained in a "system of records" is protected by the Privacy Act. Disclosure could only occur if the disclosure was pursuant to a routine use (law enforcement agencies); upon the consent of the individual; or pursuant to a court order of a court of competent jurisdiction. I do believe a recusal would be within a system of records maintained by the DOJ. EFTA00206492