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
EFTA00233329
549 pages
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JUN-30-t008(MOH) 10106 P 011/014 By signing this ageernent, Epstein assets 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 finthcr 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 chargcto the Grand Jury, filing an information, or in bringing a defendant to trial. Epstein bezebyrequests thattheUnitedStatmAttomcy forth:: South= District ofFlorida defer such prosecution. Epstein agrees and consents that any delay from the dale of this Agreement to the date of initiation of prosecution, as provided for in the terms expressed herein, shall be deemedto 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 45(b) of the Federal Rules of Criminal Procedure and the Sixth Amendment to the Constitution of the United States 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 agree:mot and the breach of this agreement as to those offenses that were the subject of thc gaud jury's investigation. Epstein further asserts and certifies that he understands that the Fifth Amendmmt and Rule 7(a) of the Federal Rules of Criminal Procedure provide that all felonies must he charged in an indictment presented to a grand jury. Epstein hereby agrees and consents that, if a pmsec-ution 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 as to any such offense. 11f 'II /11 Page 6 of 7 EFTA00233349
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JON-:30-2008O401O 10:06 By signing this agreement, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he enderstaads the conditions of this Non- Prosecution Agreement and agrees to comply with them. Dated: By: Dated: 772",,_. Dated: Dated: R. ALECANDER.ACOSTA UNITED STATES ATTO}WEY ASSISTANT U.S. ATTO GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY FESTEIN LILLY ANN SANCHEZ, ESQ. ATTORNEY FOR JEFFREY EPSTEIN Page? of 7 ro P. Olii014 EFTA00233350
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J0*-30-2008(MON) 10:07 P. 013/Old By signing this agreement. Epstein asserts and certifiesthat the above has bean read and explained to him. Epstein hereby states that he understands the conditions of this Non- Prosecution Agreement and agrees to comply with then Dated: Dated: Dated: Dated: R. ALEXANDER ACOSTA UNITED STATES ATTORNEY BY: ASSISTANT U . Lg.LY ANN SANetrPt ESQ. ATTORNEY FOR JEFFREY EPSTEIN Pagel of 7 EFTA00233351
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JUt'-30-2008(NON) 10:0? P.014/014 By signing this 38TCC333Cilt, Epstein melts and catifres that the above has been read and explained to him. Epstein bereby statcs that he understands the conchae= of thisN'on- Prosecution Agrectinent and agrees to comp)), with them. ALEXANDER ACOSTA MUTED STATES ATTORNEY Doted: Dated: Dated: Dated:q-M . BY: ASSISTANT . JEFFREY EPSTEIN GERALD LEECOGRT, ESQ. COUNSEL. TO JEPFREY BESTEDT • ESQ. ATTORNEY FORIERFREY EPSTEIN Page 7417 EFTA00233352
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IN RE: INVESTIGATION OR JEFFREY EPSTEIN ADDENDUM TO THE NON-PROSECUTION AGREEMENT IT APPEARING that the parties seek to clarify certain provisions of page 4, paragraph 7 of the Non-Prosecution Agreement (hereinafter "paragraph 7'), that agreement is modified as follows: 7A. The United States has the right to assign to an independent third-party the responsibility for consulting with and, subject to the good faith approval of Epstein's counsel, selecting the attorney representative for the individuals identified under the Agreement. If the United States elects to assign this responsibility to an independent third-party, both the United States and Epstein retain the right to make good faith objections to the•attomey representative suggested by the independent third-party prior to the final designation of the attorney representative. 7B. The parties will jointly prepare a short written submission to the independent third-party regarding the role of the attorney representative and regarding Epstein's Agreement to pay such attorney representative his or her regular customary hourly rate for representing such victims subject to the provisions of paragraph C, infra. 7C. Pursuant to additional paragraph 7A, Epstein has agreed to pay the fees of the attorney representative selected by the independent third party. This provision, however, shall not obligate Epstein to pay the foes and costs of contested litigation filed against him. Thus, if after consideration of potential settlements, an attorney representative elects to file a contested lawsuit pursuant to 18 U.S.C. s 2255 or elects to pursue any other contested remedy, the paragraph 7 obligation of the Agreement to pay the costs of the attorney representative, as opposed to any statutory or other obligations to pay reasonable attorneys fees and costs such as those contained in s 2255 to bear the costs of the attorney representative, shall cease. EFTA00233353
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By signing this Addendum, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he understands the clarifications to the Non- Prosecution Agreement and agrees to comply with them. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Dated: By: ASSISTANT U.S. ATTORNEY Dated: JEFFREY EPSTEIN Dated: ( 0/ 11/07 Dated: ERALD LEFCO RT ESQ. COUNSEL TO MEER Y EPSTEIN LILLY ANN SANCHEZ, ESQ. ATTORNEY FOR JEFFREY EPSTEIN EFTA00233354
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THE PALM BEACH POST • SATURDAY, SEPTEMBER.19, 2009 Epstein's secret pact with feds reveals `highly unusual' terms Epstein Faces many civil lawsuits filed by some of the 30 to 40 women identified as victims in the federal investigation. By SUSAN SPENCER-WENDEI Palm Brock Post Staff Writer WEST PALM BEACH - A secret non-prosecution agreement multimillionaire financier Jeffrey Ep- stein struck with federal prosecutors is being called "highly unusual" by former federal prosecutors and downright outrageous by attorneys now represent- ing young women who serviced him. The deal reveals that the FBI and the US. At- torney's Office investigated him for several federal crimes; including engaging minors in commercial sex. The crimes are punishable by anywhere from 10 years to life in prison. But federal prosecutors backed down aixl agreed to recall grand jury subpoenas if Epstein pleaded guilty to prostitution-related felonies in state court, which he ultimately did. lie received an 18-month jail sentence, of which he served 13 months. See EPSTEIN, 12A ► EFTA00233355
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Tension between prosecutors, police IP. EPSTEIN from IA The US. Attorney's Office also agreed not to charge any of Epstein's ' le •onspirators: in part by heavyweight New York cri mi nal defense attorney Gerald Lefcourt. Unsealed on Friday af- ter attorneys for some of Epstein's victims and The Palm Beath Post sought its release, it offers the first public look at the deal Epstein% high-powered , legal counsel brokered on his behalf. Mark Johnson of Stuart, a former federal prosecu- tor, described the dispar- ity in potential sentences ' as unusual, but even more so a provision on attorney payment. The first draft of the ent in September 261.ft:enquired that Epstein pay an attorney — tapped by the US. Attorney's Of- fice and approved by Ep- stein — to represent some of the victims. That attor-. ney is prominent Miami lawyer Bob Josefsberg. But an addendum to the agreement signed the following month struck Epstein% duty to pay Josefsberg if he and the victims did not accept settlements —' capped at $150,000 — and instead pursued lawsuits. Johnson said it appears the government was try- ing to balance the lesser sentence for Epstein with recovering $150,000 for each victim. "I've never, ever seen anything like that in my life," he said. "It's highly unusual." The deal does not say whether any victims were contacted or consulted be- fore the deal was made. Attorney Brad Edwards of Fort Lauderdale, who represents three of the young women, believes that none of the 30 to 40 women identified as vic- tims in the federal inves- tigation were told ahead of time. Edwards said his clients received letters from the US. Attorney's Office months after the deal was signed, assuring them Epstein would be prosecuted. "Never consulting the victims is probably the most outrageous aspect of it," Edwards said. "It taught them that someone with money can buy his way out of anything. It's outrageous and embar- rassing for United States Attorney's Office and the State Attorney% Office." . Epstein now faces many civil lawsuits filed by the women, who are represented by a variety of attorneys. In many, the allegations are the same: that Epstein had a predi- lection for teenage girls, identified poor, vulnerable ones and used other young women to lure them to his Palm Beach mansion. They walked away with between $200 and $1,000. Former Circuit Judge Bill Berger, also represent- ing victims, called the agreement a "sweetheart deal." "Why was it so impor- tant for the government to make this deal?" Berger asked rhetorically. "We have not yet had an hon- est explanation by any public official as to why it was made ... and why the victims were sold down the river." Former federal pros- ecutor Ryon McCabe de- scribed the agreement as "very unorthodox." Such agreements, he said, are usually reserved for corpo- rations, not individuals. "It's very, very rare. I've never seen or heard of the procedure that was set up here," said McCabe, who has no involvement in any Epstein litigation. "He% essentially avoid- ing federal prosecution because he ..can afford, to pay that many lawyers to help those victims review their cases. ... If a person has no money, he couldn't be able to strike a deal like this and avoid federal pros- ecution." The backroom deal with federal prosecutors is all the more interesting in light of the legal power- houses who have worked for Epstein, including Harvard professor Alan Dershowitz and Bill Clin- ton investigator Kenneth EFTA00233356
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Starr. Lefcourt is a past president of the National Association of Criminal Defense Lawyers. Epstein's local defense aitorney, Jack Goldberger, issued a statement Fri- day saying he had fought the release of the sealed agreement, to protect the third parties named there. "Mr. Epstein has fully abided by all of its terms and conditions. I-fe is look- ir%forward to putting this difficult period in his life behind him. lie is con- tinuing his long-standing history of science philan- thropy." The investigation trig- gered tensions between police and prosecutors, with then-Palm Beach Chief Michael Reiter say- ing in a May 2006 letter to then-State Attorney Barry Krischer that the chief prosecutor shoukl disqualify himself. continue to find your office's treatment of these cases highly unusual," Re- iter wrote. He then asked for and got the federal investigation that ended in the sealed deal. "The Jeffrey Epstein matter was an experience of what a many-million- dollar defense can accom- plish," Reiter told the Palm Beach Daily Nem upon his retirement. e Susan_spencer wendei apbposi.com Former Judge Bill Berger, representing victims, called the agreement a 'sweetheart deal.' .MRoeraed otht Epstein agreetnt that Was unsealed Friday. la Get past coverage on the the Jeffrey Epstein case. PalmGeachPost.com/epsteth • See video of Epstein being questioned about his manhood. Page2lIve.com EFTA00233357
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12A THE PALM BEACH POST • TUESDAY. SEPTEMBER 22.2009 The Palm Beach Post TIM BURKE, Executive Editor RANDY SCHULTZ Editor of the Editorial Page Sleazy perp, sleazier deal On the second page of the secret deal between federal prosecutors and Jeffrey Epstein, we read that the agreement will serve the interests of "the United States, the State of Florida, and the Defendant? Wrong on the first two, right on the third. Until Friday, the public didn't know the terms of the deal that finalized the case of the Palm Beacher who arranged to have girls brought to his house for sex and massages. Only Epstein% platoon of lawyers, the US. Attorney% Office Epstein for the Southern District • of Florida and the Palm Beach County Clare Attorney's Office knew the details. And now we know why the perpetrators of this outrage didn't want the public to know. The deal is an indictment of a system that did much more for a criminal than for his victims. Jeffrey Epstein — officially a registered sex offender but in plain terms a pervert — escaped what should have been serious prison time. Instead, the fed- eral deal allowed him to plead guilty to light charges in state court. He spent just 13 months — nights only — in the Palm Beach County Jail. Meanwhile, the government tried to help Epstein buy off the young girls whom Epstein had exploited. Several of those girls have filed civil suits against Epstein. (Their lawyers and lawyers for The Post sued to make the plea deal public) In the agreement, the government proposes to identify all the alleged victims and steer them to a lawyer, whose ex- penses Epstein would pay. In return, however, the victims would withdraw all lawsuits from state court and agree to a settlement in federal court of no more than $150,000 each. Even then, of course, Epstein would not acknowledge any "liability" Government acted like Epstein's go-betweens. The agreement thus placed the Department of Justice in a role simi- lar to those of the four women who procured girls for Epstein. If there's a precedent in this or any of the other 92 United States attorney% offices, we'd like to hear it. Not surprisingly, R. Alexander Acosta also agreed not to prosecute those women. If the outcome is frustrating, so is the lack of accountability. Mr. Acosta's name is on the deal, but he's now the dean of Florida International University% law school. A call to his office for comment Monday was not returned. The name of Assistant US. Attorney A. Marie Villafana is on the deal. She still works as a federal prosecutor in West Palm Beach, but Alicia Valle, the office's special coun- sel, said in an e-mail, "We cannot comment on your questions." Didn't she really mean tall not? This case got into the federal system because former Palm Beach Police Chief Michael Reiter believed that Palm Beach County State At- torney Barry Krischer wasn't moving aggressively enough. Mr. Krischer retired last year. The assistant state attorney who oversaw the race is no longer with the office. At this point, the public must hope that the civil suits suck as much money from Epstein as possible. Money seems to be all that he understands. Also, Jef- frey Simian is serving as the acting US. attorney for the Southern District of Florida until President Obatua nomi- nates a permanent replacement for confirmation by the Senate. It would be good to know that whoever follows Mr. Acosta is on record that the Jeffrey Epstein deal did not serve the interests of the United States. TALK BACK! How much of a break did the system give Jeffrey Epstein? http://blogs.Pal mBeachPost.corn/opinionzono EFTA00233358
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M A N D A T E from DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT This cause having been brought to the Court by appeal, and after due consideration the Court having issued its opinion; YOU ARE HEREBY COMMANDED that such further proceedings be had in said cause as may be in accordance with the opinion of this Court, and with the rules of procedure and laws of the State of Florida. WITNESS the Honorable Robert M. Gross, Chief Judge of the District Court of Appeal of the State of Florida, Fourth District, and seal of the said Court at West Palm Beach, Florida on this day. DATE: CASE NO.: COUNTY OF ORIGIN: T.C. CASE NOS.: STYLE: ORIGINAL TO: cc: Barbara J. Compiani Deanna K. Shullman Spencer T. Kuvin Michael J. Pike September 18, 2009 4D09-2554 Palm Beach 502006CF009454AXXMB and 502008CF009381AXXMB JEFFREY EPSTEIN STATE OF FLORIDA, ET AL. t 41414 Aterea/vhbaeth t MARILYN BEUTTENMULLER, Clerk Fourth District Court of Appeal Sharon R. Bock, Clerk Jane Kreusler-Walsh Diana Martin State Attorney-P.B. James B. Lake Jack A. Goldberger William J. Berger Bradley J. Edwards R. Alexander Acosta Robert D. Critton, Jr. U.S. Attorney'S Office Rebecca Mercier Vargas kg EFTA00233359
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THE PALM BEACH POST • FRIDAY, SEPTEMBER 18, 2009 ti)t'TjM ... Just don't ask millionaire Palm Beach sex offender Jeffrey Epstein about his pri- vates. Local attorney Spencer Kurth did dur- ing a deposition Sept. 2, and Epstein walked out— 100 seconds after it started. And it was all caught on a video posted on Page 71ea% online sister, page2live.com. Epstein did answer the first question: "What is your name?" But he balked at the sec- ond: "Is it true that ... you have an egg-shaped penis?" Epstein took off his microphone and left. And it cost the Wall Street prodigy Epstein: He was fined Epstein $800 by the West Palm Beach court currently hearing civil lawsuits filed by women whom Ep- stein paid for sex when they were underage. "It absolutely was an im- portant question," said Kuvin. "If he claims to have never met them, then we should know whether the victim is telling the truth."The deposition has been reset for Oct. 8, and Epstein should expect the same question ... Burt Reynolds was back in rehab Thursday. It was just for a daylong refresher at the Hanley Center in WPB. Reynolds, 73, admitted himself at Hanley for a 30-day program in mid-August and was released last week. He admitted to battling an addiction to pain pills ... WEST PALM BEACH -- Finan- cier and sex offender Jeffrey Epstein's secret deal struck with federal prosecutors Is due to be released to the pubik today. Circuit Judge Jeffery Colbath ruled the document was improp- erly sealed and should be released, and an appellate court agreed. Under the deal, Epstein avoided fed- eral charges and pleaded guilty in state court to fFlorn, solicitation of pros- titution and procuring a person under the age of 18 for prostitution. In July 2008, he was sentenced to 18 months in jail and later allowed out up to six days a week on work release. He now faces at least 20 civil lawsuits filed by women who say they were victims. EFTA00233360
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THE PALM BEACH YOST • FRIDAY, UNE 26.2009 Judge agrees Epstein's sex By SUSAN SPENCER-WENDEL Palm Rear* Past Stqff Writer WEST PALM BEACH — A circuit judge agreed Thursday to unseal a deal billionaire Jeffrey Epstein struck with federal pros- ecutors to avoid their fil- ing of charges in the wake of his sex scandal with underage girls. Circuit Judge Jeff Col- bath said he would not re- lease Epstein% agreement with federal prosecutors until Monday, allowing him time to redact the to unseal scandal deal Epstein names of vic- tims. Colbath ruled that the deal had not been sealed properly. Jack Goldberger, Epstein% at- torney, immediately asked for a stay of Colbath% deci- sion to unseal the agree- ment in order to appeal it. A hearing on that request is set for this morning See EPSTEIN, 5B to Epstein scheduled fbr release in July 00. EPSTEINfrom 113 Attorneys for women now suing Epstein, as well as attorneys for The Palm Beach Post, had asked Col- bath to release the deal, arguing the pUblic and the victims have a right to see it. "There is nothing more fundamentally important than for the public and press to observe how the governntent is doing its job," IS attorney Deanna Shullman said. "There is great public interest in how everybody in this rage is doing their job." Goldberger argued that the confidential agreement Epstein struck with federal prosecutors should remain confidential. Included in it, Goldberger said, are ref- erences to federal grand jury proceedings, which are secret and protected by federal rules. A federal judge should decide the issue, he said. Attorneys Spencer Kuvin and Brad Edwards, who represent some of the women now suing Epstein, both said they were 'not surprised by Epstein% at- torney moving to appeal "Any chance to stall in any way and keep the agreement out of public disclosure, they will take it," said Edwards outside court. He will have served about 13 months of an 18-month sentence. Epstein pleaded guilty nearly one year ago to solicitation of prostitution and procuring teenagers for prostitution and was sentenced to 18 months in prison. A sheriff§ office official confirmed Thursday that Epstein will be release( from the Palm Bead County Stockade on Jul- 22 — nearly 13 month into his sentence. Sheriff's office spoke person Eric Davis sa' Epstein has earned ga time for good behavi and for participating in work-release program. The began ye; ago aftesraglm Beach lice began investigati reports that young won were being brought to manse on El Brillo Wa; massage him and have with him in exchange money. Displeased with way the state atton office handled the t Palm Beach police forwarded informatk the Federal Bureau vestigation. O susall -50encel wade( Opbbpost.com EFTA00233361
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Akerman Senterfitt Re: Jeffrey Epstein Dear Judge Davis: ). MICHAEL BURMAN. PA" GREGORY W. COLEMAN. M. ROBERT D. CRITTON4IL. PA ' BERNARD A. LEBEDEKER MARK T. LUTTIER. PA. MICHAEL ). PIKE MICHAEL L. SCHEVE DEAN T. XENICK DAVID A. YAREMA I t LORIDA BOARD CERTNIED CIVIL TRIAL LAWYER 2ADmITTED TO PRACTICE IN FLORIDA AND COLORADO BURMAN, CRITTON LUTTIER&COLEMAN,LLP YOUR TRUSTED ADVOCATES A LIMITED LIABILITY PARTNERSHIP May 25, 2010 Honorable Edward B. Davis Sent by email and by U.S. Mail to Judge Davis only ADELQVI J. BENAVENTE PARAUGAtliNVESTIGATOR JESSICA CADWELL BOBBIE M. MCKENNA ASHLIE STOKEN•BARING BETTY STOKES PARALEGALS RITA H. BUDNYK OF COUNSEL EDWARD M. RICCI Of COUNSEL We are in receipt of Mr. Josefsberg's letter to you dated May 21, 2010. We confirm that Mr. Epstein settled each and every case brought by the attorney-representative selected by you. We write this response only to advise you that Mr. Epstein has never refused to pay reasonable settlement-related fees that are within the scope of the NPA. He has already paid the attorney-representative $526,000. The attorney-representative has not yet presented him with a final invoice for settlement-related work. The incomplete invoices that have been presented seek $2,000,000 in additional fees. Mr. Epstein has been advised by his attorneys that the requested fees include duplicative work, charges that relate to preparation for litigation not settlement (thus outside his NPA-fee obligations) and charges that are unreasonable and that should be reviewed by a Court rather than simply paid without meaningful review. A significant amount of the total fees (over $1,000,000) is for legal work that the invoices document were done by two outside attorneys who are not even attorneys with the Podhurst Orseck, P.A. law firm. Mr. Epstein's disputes the necessity for and redundancy of these charges. We respect Your Honor's selection and regret that the issue of disputed fees has resulted in litigation. Mr. Epstein is committed to paying whatever fees and costs are determined by the EFTA00233362
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May 25, 2010 Page 2 Court to be his obligation, if any, but he is not required to simply write a blank check. I have filed a motion in the case pursuant to F.R.Civ.P. 67, to allow him to deposit $2,000,000 in Trust with the Court pending the outcome of the Complaint which confirms his commitment. Cordially yo Rob D. Critton, Jr. RDC/JPL:ab Cc AUSA - , AUSA — Jack Goldberger, Esq. Robert Josefsberg, Esq EFTA00233363
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1 1 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT 2 IN AND FOR PALM BEACH COUNTY, FLORIDA CRIMINAL DIVISION 3 4 STATE OF FLORIDA ) 5 ) vs ) CASE NO. 06 CF9454AMB 6 ) 08 9381CFAMB JEFFREY EPSTEIN ) 7 ) Defendant. ) 8 ) 9 PLEA CONFERENCE 10 11 PRESIDING: HONORABLE DEBORAH DALE PUCILLO 12 APPEARANCES: 13 ON BEHALF OF THE STATE: BARRY E. KRISCHER, ESQUIRE 14 State Attorney 401 North Dixie Highway 15 West Palm Beach, Florida 33401 By: LANNA BELOHLAVEK, ESQUIRE 16 Assistant State Attorney 17 ON BEHALF OF THE DEFENDANT: ATTERBURY, GOLDBERGER & WEISS,P.A. 18 250 Australian Avenue South Suite 1400 19 West Palm Beach, Florida 33401 By: JACK GOLDBERGER, ESQUIRE 20 21 CERTIFIE D COPY 22 23 June 30, 2008 24 Palm Beach County Courthouse West Palm Beach, Florida 33401 25 Beginning at 8:40 o'clock, a.m. PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00233364
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2 1 BE IT REMEMBERED that the following 2 proceedings were had in the above-entitled cause 3 before the HONORABLE DEBORAH DALE PUCILLO, one of 4 the judges of the aforesaid court, at the Palm 5 Beach County Courthouse, located in the City of 6 West Palm Beach, State of Florida on June 20, 2008 7 beginning at 8:40 o'clock, a.m. with appearances 8 as hereinbefore noted, to wit: 9 THEREUPON: 10 MR. GOLDBERGER: Good morning, Judge, 11 Jack Goldberger on behalf of Jeffrey 12 Epstein. 13 THE COURT: Good morning. 14 MR. GOLDBERGER: Your Honor, we are 15 here for a plea conference. 16 THE COURT: Raise your right hand. 17 THEREUPON: 18 JEFFREY EPSTEIN, 19 after being called as a witness by the Defense and 20 after being first duly sworn by the Court, was 21 examined and testified as follows: 22 THE DEFENDANT: Yes, ma'am. 23 THE COURT: Is this one case or two? 24 MS. BELOHLAVEK: Two. 25 THE COURT: May I see the PC PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00233365
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4 1 degree felony, punishable by a maximum 2 penalty of five years in the Department of 3 Corrections, and a minimum, probation. No 4 mandatory minimums, correct? 5 MS. BELOHLAVEK: Correct. 6 THE COURT: The defendant has no 7 prior criminal record? 8 MS. BELOHLAVEK: Correct. 9 MR. GOLDBERGER: Yes, Your Honor. 10 THE COURT: You checked the NCIC as 11 well as State records? 12 MS. BELOHLAVEK: Yes. 13 THE COURT: And the guideline score 14 sheet I have before me shows 21.5 months in 15 the Department of Corrections as the lowest 16 permissible prison sentence in months. 17 Both sides agree to the preparation of the 18 guideline score sheet? 19 MR. GOLDBERGER: We so agree, Your 20 Honor. 21 MS. BELOHLAVEK: Yes. 22 THE COURT: What is proposed -- it 23 goes on for pages. 24 MR. GOLDBERGER: Your Honor, much of 25 the documentation is acknowledgement by my PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00233366
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3 1 affidavit in both cases, please? 2 MS. BELOHLAVEK: There are no PC 3 affidavits. There was originally an 4 Indictment, the second charge was filed 5 arising out of the booking. It was all 6 testimony presented to the grand jury. 7 THE COURT: Let me see the Indictment 8 then? 9 I have one Indictment, one 10 Information? 11 MS. BELOHLAVEK: Correct. 12 THE COURT: So one case is charged by 13 Indictment, one is charged by Information? 14 MS. BELOHLAVEK: Correct. 15 THE COURT: In case 2006036744 you 16 are charged with procuring a person under 17 18 for prostitution, a second degree 18 felony, maximum penalty of fifteen years 19 Department of Corrections; minimum, some 20 period of probation. No mandatory minimum 21 apply, is that correct, State? 22 MS. BELOHLAVEK: Correct. 23 THE COURT: And in case number 06 24 9454CF, you are charged with felony 25 solicitation to prostitution, a third PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00233367
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5 1 client to community control, sex offender 2 status. 3 THE COURT: I understand. 4 Okay. What is proposed -- those 5 are the maximums and minimums, Mr. Epstein. 6 What is proposed is that you will be 7 pleading guilty to felony solicitation to 8 prostitution and procuring a person under 9 18 for prosecution. A PSI would be waived, 10 you would be adjudicated guilty of both 11 felonies, is that correct? 12 MS. BELOHLAVEK: Correct. 13 THE COURT: And on 06 9454, the 14 defendant to be sentenced to 12-months in 15 the Palm Beach County -- detention 16 facility? He's going to do time in the 17 jail? 18 MS. BELOHLAVEK: Yes. 19 THE COURT: With credit for one day 20 served. And on 08 9381, he is to be 21 sentenced to six months in the Palm Beach 22 County jail detention facility, with credit 23 for one day served. And the six month 24 sentence is to be served consecutive to the 25 12 month sentence? PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00233368