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From: 
(USAFLS)" 
<R>USAJOU=FLS/CN=RECIPIENTS/CN
> 
To: 
Subject: Fw: confidential communication 
Date: Thu, 22 May 2008 07:38:00 +0000 
Importance: Normal 
 
Ori inal Message 
From:
USAFLS) 
To: 
. (USAFLS) 
Sent: Mon May 19 15:37:30 2008 
Subject: RE: confidential communication 
You can call me now at my desk. 
From: 
(USAFLS) 
Sent: Monday, May 19, 2008 3:37 PM 
To: Acosta, Alex (USAFLS); 
(USAFLS); 
(USAFLS) 
Subject: Re: confidential communication 
Hi all. We are at sea today with bad reception. Just got your messages. I could try to call you now or tomorrow 
we will be in berlin. Sony 
 
Original Message 
From: Acosta, Alex (USAFLS 
To: 
(USAFLS 
AFLS); 
Sent: Mon May 19 12:40:32 2008 
Subject: FW: confidential communication 
For your records. 
From: Jay Lefkowitz [mailto: 
Sent: Monday, May 19, 2008 10:54 AM 
To: Acosta, Alex (USAFLS) 
Subject: confidential communication 
Dear Alex: 
. (USAFLS) 
I am writing to you because I have just received the attached letter from 
In light of that letter, 
and given the critical new evidence discussed below, I would like to request a meeting with you, mindful of our 
July 8 deadline, at your earliest opportunity. Given your personal involvement in this matter to date, and the fact 
that at this juncture it is clear that CEOS has referred the matter back to you, I respectfully request that you not 
shunt me off to one of your staff. You and I have both spent a great deal of time on this matter, and I know that 
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we both would like to resolve this matter in a way that bestows integrity both on the Department and the process. 
In our prior discussions, you expressed that you were "not unsympathetic" to our various federalism concerns, 
but stated that because you serve within the "unitary Executive," you believed your hands were tied by Main 
Justice. You were also extremely gracious in stating that you did not want the United States to be "unfair". 
Although CEOS limited its assessment to the federal statutes your Office had brought forth and to the application 
of those laws to the facts as presented, it is abundantly clear from 
letter that Main Justice is not directing 
this prosecution. In fact, CEOS plainly acknowledged that a federal prosecution of Mr. Epstein would involve a 
"novel application" of federal statutes and that our arguments against federal involvement are "compelling." 
Moreover, the language used by 
in his concluding paragraph, that he cannot conclude that a prosecution by 
you in this case "would be an abuse of discretion" is hardly an endorsement that you move forward. 
Moreover, as you know, 
made clear that the scope of his review did not extend to the other significant 
issues we have raised with you, such as the undo interest by some members of your staff with the financial and 
civil aspects of this matter, or with the inappropriate discussion one member of your Office had with a senior 
reporter at the New York Times. (In fact, I have met with that reporter and have reviewed copious notes of his 
conversation with Mr. Weinstein). At this stage, we have no alternative but to raise our serious concerns 
regarding the issues 
refused to address with the Deputy or, if necessary, the Attorney General, because we 
believe those issues have significantly impacted the investigation and any recommendation by your staff to 
proceed with an indictment. That being said, it would obviously be much more constructive and efficient if we 
could resolve this matter directly with you in the advance of further proceedings in Washington. 
Because it is clear that national policy, as determined by Main Justice, is not driving this case, the resolution of 
this matter is squarely, and solely, your responsibility. I know you want to do the right thing, and it is because 
you have made clear to me on several occasions that you will always look at all of the relevant and material facts 
that I call the following to your attention. New information that has come to light strongly suggests that the facts 
of this case cannot possibly implicate a federal prosecutorial priority. Due to established state procedures and 
following the initiation of multiple civil lawsuits, Mr. Epstein's counsel was able to take limited discovery of 
certain women in this matter. The sworn statements provided by these women all confirm that federal 
prosecution is not appropriate in this case. 
The consistent representations of witnesses such as 
and the civil complainants and their attorneys, confirm the following key points: First, there was no 
telephonic communication that 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 
or another assistant] was, 'Are you willing to come over,' or, `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 lied 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 like 
approached me. Make sure you tell him you're 18. Well, 
these girls that I brought, I know that they were 18 or 19 or 20. And the girls that I didn't know and 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 habit suggesting an intent to transform a massage into an illegal sexual act. For instance, Ms. 
stated that Mr. Epstein "never touched her] physically" 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 telephonic 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 Mr. Epstein that they were 18 or 19. In short, the new evidence establishing that the 
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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 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 
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 
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. 
Respectfully, 
Jay 
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