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
EFTA00225378
294 pages
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O.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave, Suite 400 West Palm Beach, FL 33401 (561)8204711 Facsimile: (561)8204777 July 9, 2008 VIA FACSIMILE 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 Mr. Goldberger: Thank you for your letter of today's date regarding theproposed Victim Notification. Let me address some of the items in your letter. We have no objection to doing individual mailings. The Notification was drafted in that way in order to minimize the number of documents that Mr. Epstein would sign. Now that you have raised an objection to signing the Acknowledgment, each notification will list • only the victim who is being notified. In light of Mr. Epstein's refusal to sign the Acknowledgment, the Acknowledgment portion has been deleted and the notification has been slightly modified in order to provide more complete information and it has been formatted as a letter rather than a more formal "Notification" document. We will not be including any statement that the U.S. Attorney's Office is not vouching for the veracity of any claim. As you know, the U.S. Attorney's modification of the 2255 portion of the Agreement now limits our victim list to those persons whom the United States EXHIBIT B-60 EFTA00225578
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Recipient Road Acosta. Alex (USAFLS) Read: 7/9/2008 1:26 PM Sloman, Jeff (USAFLS) Read: 7/9/20081:05 PM Atkinson, Karen (USAFLS) Kuyrkendall, E N. (FBI) Richards, Jason R. (FBI) 2 EFTA00225579
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Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Wednesday, July 09, 2008 1:04 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: 1. 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 Villajafia Assistant U.S. Attorney 561 209-1047 EXHIBIT B-59 Tracking: EFTA00225580
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v v4. vv L.VV4.4 4 VI.4 vl • N., I II July 8, 2008 A. Marie Villafana, AUSA U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Avenue, Suite 400 West Palm Beach, Florida 33401 I slit IIV, N.4,44 1 U04-JULOU I ' JOSEPH R.ATTERBURY • I JACK A. GOLDBERGER JASON S.WEISS I &NA Conified CrinainaI Trul Aourney Mentes.' of New Nati & Florida Roe Re: Jeffrey Epstein Dear Marie, I am out of the office today. I will response to your fax of July 8, 2008 by return of fax tomorrow. Very truly yours, ‘ 41 Jack A. Goldberger Dictated hut not mid JAG/na One Clearlake Centre, Suite 1400 250 Australian Avenue Solid) West Palm Beach, FL. 33401 p 561,659.8300 f 561.835.8691 www.agwpa.com EFTA00225581
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„III ,IV, QV I I. I %).1I-I UO I r. ul ATTERBURY, GOLDBERGER & WEISS, P.A. 250 Australian Avenue South Suite 1400 West Palm Beach, Florida 33401 (561) 659-8300 Fax: (561) 835-8691 FAX TRANSMITTAL COVER SHEET DATE: July 8, 2008 TO: A. Marie Villafana, Assistant U.S. Attorney FAX NO.: 561-820-8777 FROM: Nayanira, Assistant to Jack A. Goldberger, Esquire REMARKS: Jeffrey Epstein TOTAL PAGES: 2 , Including cover sheet *** PLEASE NOTE - CONFIDENTIALITY WARNING *** THIS MESSAGE IS INTENDED FOR THE USE OF THE INDiDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PR EGED. CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. If the reader of this message is not the Intended recipient or the employee or agent responsible for delivering the message to the Intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication Is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone, and return the original message to us at the above address via the U.S. Postal Mail Service. Thank you for your cooperation. EXHIBIT B-58 EFTA00225582
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U.S. Department of Justice United States Attorney Southern District of Florida A Marie Villafalta 500 S. Australian Ave, 4th Floor West Palm Beach, Florida 33401 (561) 820-8711 Facsimile (561) 820-8777 FACSIMILE COVER SHEET TO: Jack Alan Goldberger DATE: July 8. 2008 FAX NO. 561-835-8691 # OF PAGES: 3 PHONE NO. 561 659-8300 RE: Jeffrey Epstein FROM: A. MARIE VILLAFARA. Assistant U.S. Attorney PHONE NO. 561 209-1047 COMMENTS: EFTA00225583
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P. 1 * * * TRANSMISSION RESULT REPORT ( JUL. 8.2008 2:11PM ) * * * TTI USA() WPB FL DATE TIME ADDRESS MODE TIME PAGE RESULT PERS. NAPE FILE JUL. 8. 2:10PM 5618358691 TES 0'34" P. 3 OK 398 * : BATCH C : CONFIDENTIAL P : POLLING M : MEMORY L : SEND LATER y01 : FORWARDING E : ECM > : REDUCTION R F : FINE \DE G-: RICOH-MG3ICOMPATIBLE MODE EFTA00225584
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JACK 9OLDBERGER, ESQ. JULY 8, 2008 PAGE 2 to pursue damages. If the United States learns that a civil suit has been filed against Mr. Epstein and he has denied that one of these victims is entitled to proceed under 18 U.S.C. § 2255, that will be considered a breach of the Non-Prosecution Agreement and the United States will proceed accordingly. Sincerely, It. Alexander Acosta United States Attorney I ly : A. Marie Villafafia Assistant United States Attorney cc: Karen Atkinson, AUSA EFTA00225585
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U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beach, FL 33401 (561) 820-8711 Facsimile: (561) 820-8777 July 8, 2008 VIA FACSIMILE AND ELECTRONIC MAIL Jack A. Goldberger, Esq. Atterbury, Goldberger & Weiss, P.A. One Clearlake Centre, Suite 1400 25i.) Australian Ave S. West Palm Beach, FL 33401-5015 Re: Jeffrey Epstein Dear Mr. Goldberger: In accordance with the terms of the Non-Prosecution Agreement, on June 30, 2008, the United States Attorney's Office provided you with a list of thirty-one individuals "whom it was prepared to name in an Indictment as victims of an enumerated offense by Mr. Epstein." Yesterday, I provided you with the identification of another victim whom I had erroneously left off of that list. At the time the list was provided, Special Agent Kuyrkendall and I impressed upon you the need to finalize this last piece of the agreement as quickly as possible so that we could fulfill our victim notification obligations. In deference to your vacation, we allowed you a week to provide us with any objections or requested modifications to the list and/or the Notification language. Yesterday, I contacted you via telephone and e-mail, but received no response. Accordingly, the United States hereby notifies you that it will distribute the victim notifications tomorrow, July 9, 2008, to each of the thirty-two identified victims, either directly or via their counsel. A carbon copy of each notification will be provided to you, and the notification will list you as the contact person for any civil litigation, if the victim decides EXHIBIT B-57 EFTA00225586
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NOTIFICATION OF IDENTIFIED VICTIMS JUNE 30, 2008 PAGE 3 OF 3 that an exact copy of this Notification will be provided to each identified individual, except that the names of all other identified individuals will be redacted, and I hereby waive any evidentiary challenges to the introduction of a copy of this document—even in redacted form—in any judicial proceeding between any identified individual and myself. Dated: Jeffrey Epstein Witnessed by: Roy Black, Esquire EFTA00225587
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NOTIFICATION OF IDENTIFIED VICTIMS JUNE 30, 2008 PAGE 2 OF 3 Through this letter, this Office hereby provides Notice that the individuals identified below are individuals whom the United States was prepared to name as a victim of an enumerated offense. Identified Individuals Dated: R. ALEXANDER ACOSTA UNITED STATES ATTORNEY By: A. MARIE VILLAFARA ASSISTANT U.S. ATTORNEY ACKNOWLEDGMENT I have received this Notification from my attorney, Roy Black, Esquire, have read it and discussed it with my attorney, and I hereby acknowledge that it accurately sets forth my understanding and agreement with the Office of the United States Attorney for the Southern District of Florida regarding the notification and rights of identified victims. I understand Initials of Jeffrey Epstein Initials of Roy Black EFTA00225588
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U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave.. Suite 400 West Palm Beach, FL 3340! (561) 820-8711 Facsimile: (561) 820-8777 June 30, 2008 NOTIFICATION OF IDENTIFIED VICTIMS On June 30, 2008, Jeffrey Epstein (hereinafter referred to as "Epstein) entered a plea of guilty to violations of Florida Statutes Sections 796.07 (felony solicitation of prostitution) and 796.03 (procurement of minors to engage in prostitution), in the 15th Judicial Circuit in and for Palm Beach County (Case Nos. 2006-cf-009454AXXXMB and 2008-cf- 009381A,DOUvD3) and was sentenced to a term of twelve months' imprisonment to be followed by eighteen months' of Community Control 1, the first six months of which must be served iniprisoned at the Palm Beach County Detention Facility. In light of the entry of the guilty plea and sentence, the United States has agreed to defer federal prosecution in favor of this state plea and sentence, subject to certain conditions. One such condition to which Epstein has agreed is the following: "Any person, who while a minor, was a victim of a violation of an offense enumerated in Title 18, United States Code, Section 2255, will have the same rights to proceed under Section 2255 as she would have had, if Mr. Epstein had been tried federally and convicted of an enumerated offense. For purposes of implementing this paragraph, the United States shall provide Mr. Epstein's attorneys with a list of individuals whom it was prepared to name in an Indictment as victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this provision, including any authority determining which evidentiary burdens if any a plaintiff must meet, shall consider that it is the intent of the parties to place these identified victims in the same position as they would have been had Mr. Epstein been convicted at trial. No more; no less." • Initials of Jeffrey Epstein Initials of Roy Black EFTA00225589
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U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beach, FL 33401 (561) 820-8711 Facsimile: (561) 820-8777 June 30, 2008 NOTIFICATION OF IDENTIFIED VICTIMS NOTICE: IN ACCORDANCE WITH TITLE 18, UNITED STATES CODE, SECTION 3509(d) AND FLORIDA LAW, THE ATTACHED DOCUMENT IS TO BE TREATED AS CONFIDENTIAL AND SHALL NOT BE DISCLOSED EXCEPT IN CONNECTION WITH A LEGAL PROCEEDING. EFTA00225590
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NOTIFICATION OF IDENTIFIED VICTIMS JUNE 30, 2008 PAGE 3 OF 3 that an exact copy of this Notification will be provided to each identified individual, except that the names of all other identified individuals will be redacted, and I hereby waive any evidentiary challenges to the introduction of a copy of this document—even in redacted form—in any judicial proceeding between any identified individual and myself. Dated: Jeffrey Epstein Witnessed by: Roy Black, Esquire EFTA00225591
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NOTIFICATION OF IDENTIFIED VICTIMS JUNE 30, 2008 PAGE 2 GP 3 Through this letter, this Office hereby provides Notice that the individuals identified below are individuals whom the United States was prepared to name as a victim of an enumerated offense. Identified Individuals Dated: R. ALEXANDER ACOSTA UNITED STATES ATTORNEY By: A. MARIE VILLAFARA ASSISTANT U.S. ATTORNEY ACKNOWLEDGMENT I have received this Notification from my attorney, Roy Black, Esquire, have read it and discussed it with my attorney, and I hereby acknowledge that it accurately sets forth my understanding and agreement with the Office of the United States Attorney for the Southern District of Florida regarding the notification and rights of identified victims. I understand Initials of Jeffrey Epstein Initials of Roy Black EFTA00225592
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U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave, Suite 400 West Palm Beach, FL 33401 (561) 820-8711 Facsimile: (561) 8204777 June 30, 2008 NOTIFICATION OF IDENTIFIED VICTIMS On June 30, 2008, Jeffrey Epstein (hereinafter referred to as "Epstein) entered a plea of guilty to violations of Florida Statutes Sections 796.07 (felony solicitation of prostitution) and 796.03 (procurement of minors to engage in prostitution), in the 15th Judicial Circuit in and for Palm Beach County (Case Nos. 2006-cf-009454MOOUVIB and 2008-cf- 00938 1 AXXKM:B) and was sentenced to a term of twelve months' imprisonment to be followed by eighteen months' of Community Control 1, the first six months of which must be served imprisoned at the Palm Beach County Detention Facility. In light of the entry of the guilty plea and sentence, the United States has agreed to defer federal prosecution in favor of this state plea and sentence, subject to certain conditions. One such condition to which Epstein has agreed is the following: "Any person, who while a minor, was a victim of a violation of an offense enumerated in Title 18, United States Code, Section 2255, will have the same rights to proceed under Section 2255 as she would have had, if Mr. Epstein had been tried federally and convicted of an enumerated offense. For purposes of implementing this paragraph, the United States shall provide Mr. Epstein's attorneys with a list of individuals whom it was prepared to name in an Indictment as victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this provision, including any authority determining which evidentiary burdens if any a plaintiff must meet, shall consider that it is the intent of the parties to place these identified victims in the same position as they would have been had Mr. Epstein been convicted at trial. No more; no less." Initials of Jeffrey Epstein Initials of Roy Black EFTA00225593
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U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beach, FL 33401 (561) 820-8711 Facsimile: (561) 820-8777 June 30, 2008 NOTIFICATION OF IDENTIFIED VICTIMS NOTICE: IN ACCORDANCE WITH TITLE 18, UNITED STATES CODE, SECTION 3509(d) AND FLORIDA LAW, THE ATTACHED DOCUMENT IS TO BE TREATED AS CONFIDENTIAL AND SHALL NOT BE DISCLOSED EXCEPT IN CONNECTION WITH A LEGAL PROCEEDING. EFTA00225594
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NOTIFICATION OF IDENTIFIED VICTIMS JuNE 30, 2008 PAGE 3 OF 3 that an exact copy of this Notification will be provided to each identified individual, except that the names of all other identified individuals will be redacted, and I hereby waive any evidentiary challenges to the introduction of a copy of this document—even in redacted form—in any judicial proceeding between any identified individual and myself. Dated: Jeffrey Epstein Witnessed by: Roy Black, Esquire EFTA00225595
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NOTIFICATION OF IDENTIFIED VICTIMS JuNE 30, 2008 PAGE 2 OF 3 Through this letter, this Office hereby provides Notice that the individuals identified below are individuals whom the United States was prepared to name as a victim of an enumerated offense. Identified Individuals Dated: R. ALEXANDER ACOSTA UNITED STATES ATTORNEY By: A. MARIE VILLAFARA ASSISTANT U.S. ATTORNEY ACKNOWLEDGMENT I have received this Notification from my attorney, Roy Black, Esquire, have read it and discussed it with my attorney, and I hereby acknowledge that it accurately sets forth my understanding and agreement with the Office of the United States Attorney for the Southern District of Florida regarding the notification and rights of identified victims. I understand Initials of Jeffrey Epstein Initials of Roy Black EFTA00225596
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U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beach, FL 33401 (561) 820-8711 Facsimile: (561) 8204777 June 30, 2008 NOTIFICATION OF IDENTIFIED VICTIMS On June 30, 2008, Jeffrey Epstein (hereinafter referred to as "Epstein) entered a plea of guilty to violations of Florida Statutes Sections 796.07 (felony solicitation of prostitution) and 796.03 (procurement of minors to engage in prostitution), in the 15th Judicial Circuit in and for Palm Beach County (Case Nos. 2006-cf-009454AXXXMB and 2008-cf- 00938 lAXXYMB) and was sentenced to a term of twelve months' imprisonment to be followed by eighteen months' of Community Control 1, the first six months of which must be served imprisoned at the Palm Beach County Detention Facility. In light of the entry of the guilty plea and sentence, the United States has agreed to defer federal prosecution in favor of this state plea and sentence, subject to certain conditions. One such condition to which Epstein has agreed is the following: "Any person, who while a minor, was a victim of a violation of an offense enumerated in Title 18, United States Code, Section 2255, will have the same rights to proceed under Section 2255 as she would have had, if Mr. Epstein had been tried federally and convicted of an enumerated offense. For purposes of implementing this paragraph, the United States shall provide Mr. Epstein's attorneys with a list of individuals whom it was prepared to name in an Indictment as victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this provision, including any authority determining which evidentiary burdens if any a plaintiff must meet, shall consider that it is the intent of the parties to place these identified victims in the same position as they would have been had Mr. Epstein been convicted at trial. No more; no less." Initials of Jeffrey Epstein Initials of Roy Black EFTA00225597