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FBI VOL00009
EFTA00184224
982 sivua
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Case 9:08-cv-80736-KAM Document 361-52 Entered on FLSD Docket 02/10/2016 Page 8 of 10 of all proposed agreements with the Palm Beach County State Attorney's Office prior to entering into those agreements. D The United States reserves the right to inform the Court and the probation office of all facts pertinent to the sentencing process, including all relevant information concerning the offenses committed, whether charged or hot, as well as concerning the defendant and the de endant's background, and to respond to any questions from the Court and the Probation O d to any misstatements of fact or law. Subject only to the express terms of any agreed-upon sentencing recommendations contained in this Agreement, this Office further reserves the right to make any recommendation as to the quality and quantity of punishment. A 12. The defendant is aware that the sentence has not yet been determined by the Court. The defendant also is aware that any estimate of the probable sentencing range or sentence that the defendant may receive, whether estimate comes from the defendant's attorney, the government, or the probation office, is a prediction, not a promise, and is not binding on the government, the probation office or the Court. The defendant understands further that any recommendation that the government makes to the Court as to sentencing, whether pursuant to this agreement or otherwise, is not binding the Court and. the Court may disregard the recommendation in its entirety. The defendant understands and acknowledges, as previously acknowledged in paragraph 2 above, that the defendant may not withdraw his plea based upon the Court's decision not to accept a sentencing recommendation made by the defendant, the government, or a recommendation made jointly Page 5 of 7 08-80736-CV-MARRA RIP WPB 000072 EFTA00184684
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Case 9:08-cv-80736-KAM Document 361-52 Entered on PLSD. Docket 02/10/2016 Page 9 of 10 by both the defendant and the government. 13. WAIVER OF RIGHT TO APPEAL AND COLLATERALLY ATTACK THE DUNCE. The defendant is aware that Title 18, United States Code, Section 3742 affords the defendant the right to appeal the sentence imposed in this case. Acknowledging this, in exchange for the undertakings made by the United States in this plea agreement, the defendant hereby w ' all rights conferred by Section 3742 to appeal any sentence imposed, including titution order, or to appeal the manner in which the sentence was imposed, unless the sentence exceeds the maximum permitted by statute or is the result of an upward departure or upward variance from the guideline range that the Court establishes at sentencing. The defendant furthAluntarily and expressly waives, to the maximum extent permitted by federal law, the right to collaterally attack his sentence in any post- conviction proceeding, including a motion on any ground brought under 28 U.S.C. § 2254, 28 U.S.C. § 2255, 18 U.S.C. § 3572, or 18 U.S.C. 1. The defendant further understands that nothing in this agreement shall affect the government's right and/or duty to appeal as set forth in Title 18, United States Code, Section 3742(b). However, if the United States appeals the defendant's sentence pursuant to Section 3742(b), the defendant shall be released from the above waiver of appellate rights. By signing this agreement, thLdefendant acknowledges that he has discussed the appeal waiver set forth in this agreement with his attorney. 14. If the defendant fails in any way to fulfill each one of his obligations under this Plea Agreement, the United States, and only the United States, may elect to be released from its commitments under this Plea Agreement. If the United States elects to void the Plea Page 6 of 7 08-80736-CV-MARRA RFP WPB 000073 EFTA00184685
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Case 9:08-cv-80736-KAM Document 361-52 Entered on FLSD Docket 02/10/2016 Page 10 of 10 Agreement because of a breach by the defendant, then the United States agrees not to use the defendant's guilty plea against him. However, the United States may prosecute the defendant for any Federal crimes that he has committed related to this case and may seek any sentence for such crimes up to and including the statutory maximums. The defendant expressly waives any statute of limitations defense and any constitutional or statutory speedy trial defense to such rosecution, except to the extent that such a defense exists as of the 1 t date he signs this Pie eement. Finally, the defendant understands that his violation of the terms of this Plea Agreement would not entitle him to withdraw his guilty plea. 15. This is the entire agreement and understanding between the United States and the defendant. There are no other a ents, promises, representations, or understandings. Date: By: R. ALL ER UNIT TATES ATTORNEY Date: By: JEFFREY EPSTEIN, DEFENDANT T Date: By: JAY LEFKOWITZ, ESQ. ATTORNEY FOR DEFENDANT Page 7 of 7 08-80736-CV-MARRA RFP WPB 000074 EFTA00184686
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Case 9:08-cv-80736-KAM Document 361-53 Entered on FLSD Docket 02/10/2016 Page 1 of 4 EXHIBIT 53 EFTA00184687
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&mg 9:ftpy6gp,tratildusDocument 361-53 Entered on FLSD Docket 02/10/2016 ell b,Cat isk Re: JE negotiations 1 message Ann Ann Sun, Sep 16,2007 at 11:41 AM To: Jay Lefkowitz <JLefkowitz®kirkland.com> Hi Jay -- I looked up some 11th Circuit cases on simple assault and found some good language. I also learned that, every moment that one is aboard an enclosed civil airplane, they are in the "special aircraft jurisdiction of the United States," so the assault charge is really a violation of 49 USC 46506, which doesn't change the penalties. I have drafted up a factual proffer that I would use at the change of plea based upon our brief conversation and the agents' interaction with at her home. The agents and I would need to speak with Ms. briefly to confirm that these facts are true. Feel free to make suggestions. On an "avoid the press" note, I believe that Mr. Epstein's airplane was in Miami on the day of the a' telephone call. If he was in Miami-Dade County at the time, then I can file the charge In the District Court in Miami, which will hopefully cut the press coverage significantly. Do you want to check that out? I will talk to you later. Thanks. fin Epstein Plea Proffer.doc 21K EFTA00184688
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Case 9:08-cv-80736-KAM Document 361-53 Entered on FLSD Docket 02/10/2016 Page 3 of 4 UNITED STATES vs. JEFFREY EPSTEIN PLEA PROFFER On August 2007, FBI Special Agents E. MEI and Jason a traveled to the home of to serve her with a subpoena in connection with an investigation pending in the Southern District of Florida. works as the personal assistant of the defendant. began speaking with the agents and then excused herself to go upstairs to check on her sleeping child. While upstairs, telephoned the defendant, Jeffrey Epstein, and informed him that the FBI agents were at her home. Mr. Epstein was then aboard a civilian aircraft in the Southern District of Florida, and was about to return to Teterboro, New Jersey. Mr. Epstein instructed not to speak with the agents and reprimanded her for allowing them into her home. Mr. Epstein then re-directed his airplane, traveling to the C.S. Virgin Islands instead of the New York City area, thereby keeping the Special Agents from serving target letters on that flight, while in the special_ aircraft jurisdiction_ of the United_States, the defendant telephoned 1 and applied pressure to keep her from complying with the that the agents had served upon her. In particular, Mr. Epstein warned against turning over documents and electronic evidence responsive to the and pressured her to delay her appearance before the federal in the Southern District of Florida. Also during that flight, while in the special aircraft jurisdiction of the United States, the defendant became angry regarding the federal investigation and became verbally abusive and threatening towards his female companion, 08-80736-CV-MARRA RFP WPB 000125 EFTA00184689
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Case 9:08-cv-80736-KAM Document 361-53 Entered on FLSD Docket 02/10/2016 Page 4 of 4 although he did not intend to strike her. Based upon Mr. Epstein's words, Ms. reasonably was in fear that Mr. Epstein was about to touch her offensively. 08-80736-CV-MARRA RFP WPB 000126 EFTA00184690
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Case 9:08-cv-80736-KAM Document 361-54 Entered on FLSD Docket 02/10/2016 Page 1 of 2 EXHIBIT 54 EFTA00184691
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Case 9:08-cv-80736-KAM Document 361-54 Entered on FLSD Docket 02/10/2016 Page 2 of 2 "Ann MI Materna 09/16/200711:41 AM To "Jay Lotkowitz" <[email protected]> cc bcc Subject Re: JE negotiations _,,,,Xigredasiwtha,Wypiligpit t hasogifogo ; RiV.Wiallar '! Lea egt:W*, -vat Iii Jay -- I looked up some 11th Circuit cases on simple assault and found some good language. I also learned that, every moment that one is aboard an enclosed civil airplane, they are in the "special aircraft _jurisdiction of the United States," so the assault charge is really a violation of 49 USC 46506, which doesn't change the penalties. I have drafted up a factual proffer that I would use at the change of plea based upon our brief conversation and the agents' interaction with Ms. at her home. The agents and I would need to speak with Ms. I f briefly to confirm that these facts are true. Feel free to make suggestions. On an "avoid the press" note, I believe that Mr. Epstein's airplane was in Miami on the day of the 'telephone call. If he was in Miami-Dade County at the time, then I can file the charge in the District Court in Miami, which will hopefully cut the press coverage significantly. Do you want to check that out? I will talk to you later. Thanks. «< Attachment 'Epstein Plea Proffer.doe has been archived by Haft tommenStore/IT/Kirklamil:filis' on '11126120Q7 01:08:17_, US_Atty_Cor_0029 EFTA00184692
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Case 9:08-cv-80736-KAM Document 361-55 Entered on FLSD Docket 02/10/2016 Page 1 of 2 EXHIBIT 55 EFTA00184693
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Cram 9igtirojeWetrattgyk Document 361-55 Entered on FLSD Docket 02/10/2016 imp ? of; bit :OOsk. Ann IM Re: JE negotiations 1 message Jay Lefkowitz< J e [email protected]> Sun, Sep 16, 2007 at 11:44 AM To: Ann Yes. Will check it out this pm. Sending you various suggested edits shortly as well. Original sa e From: "Ann Sent: 09/16/2,63. : S To: Jay Lefkowitz Subject: Re: JE negotiations Ili Jay -- I looked up some 11th Circuit cases on simple assault and found some good language. I also learned that, every moment that one is aboard an enclosed civil airplane, they are in the "special aircraft jurisdiction of the United States," so the assault charge is really a violation of 49 USC 46506, which doesn't change the penalties. I have drafted up a factual proffer that I would use at the change of plea based upon our brief conversation and the agents' interaction with Ms. —f at her home. The agents and I would need to speak with briefly to confirm that these facts are true. Feel free to make suggestions. On an "avoid the press" note, I believe that Mr. Epstein's airplane was in Miami on the day of the telephone call. If he was in Miami-Dade County at the time, then I can file the charge in the District Court in Miami, which will hopefully cut the press coverage significantly. Do you want to check that out? I will talk to you later. Thanks. ****** ******** ********** *********** *le** ****** *A* ***** *Ott** The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to [email protected], and destroy this communication and all copies thereof, including all attachments. Sri EFTA00184694
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Case 9:08-cv-80736-KAM Document 361-56 Entered on FLSD Docket 02/10/2016 Page 1 of 3 EXHIBIT 56 EFTA00184695
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Case 9:08-cv-80736-KAM Document 361-56 Entered on FLSD Docket 02/10/2016 Page 2 of 3 UNITED STATES vs. JEFFREY EPSTEIN PLEA PROFFER On August 2007, FBI Special Agents E. and Jason traveled to the home of to serve her with a subpoena in connection with an investigation pending in the Southern District of Florida. works as the personal assistant of the defendant. began speaking with the agents and then excused herself to go upstairs to check on her sleeping child. While upstairs, telephoned the defendant, Jeffrey Epstein, and informed him that the FBI agents were at her home. Mr. Epstein was then aboard a civilian aircraft in the Southern District of Florida, and was about to return to Teterboro, New Jersey. Mr. Epstein instructed not to speak with the agents and reprimanded her for allowing them into her home. Mr. Epstein then re-directed his airplane, traveling to the U.S. Virgin Islands instead of the New York City area, thereby keeping the Special Agents from serving target letters on During that flight, while in the special.aifcraft jurisdiction_ of the United_Stafes., the defendant telephoned with the Epstein warned responsive to the and applied pressure to keep her from complying that the agents had served upon her. In particular, Mr. against turning over documents and electronic evidence and pressured her to delay her appearance before the federal in the Southern District of Florida. Also during that flight, while in the special aircraft jurisdiction of the United States, the defendant became angry regarding the federal investigation and became verbally abusive and threatening towards his female companion, 08-80736-CV-MARRA RFP WPB 000125 EFTA00184696
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Case 9:08-cv-80736-KAM Document 361-56 Entered on FLSD Docket 02/10/2016 Page 3 of 3 although he did not intend to strike her. Based upon Mr. Epstein's words, Ms. reasonably was in fear that Mr. Epstein was about to touch her offensively. 08-80736-CV-MARRA RFP WPB 000126 EFTA00184697
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Case 9:08-cv-80736-KAM Document 361-57 Entered on FLSD Docket 02/10/2016 Page 1 of 2 ( ( E XHIBIT 57 EFTA00184698
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Case 9:08-cv-80736-KAM Document 361-57 Entered on FLSD Docket 02/10/2016 Page 2 of 2 mi (USAFLS) From: (USAFLS) art: on ay, September 24, 2007 4:32 PM Jay Lefkowit7 .,ubject: RE: Do you have a signed copy? Thank you, Jay. I have forwarded your message only to a and Rolando. I don't anticipate it going any further than that. When I receive the originals, I will sign and return one copy to you. The other will be placed in the case file, which will be kept confidential since it also contains identifying information about the girls. When we reach an agreement about the attorney representative for the girls, we can discuss what I can tell him and the girls about the agreement. I know that = promised Chief an update when a resolution was achieved. (Somethiniauldn't have promised in light of what happened last year.) Rolando is calling, but Rolando knows not to tell Chief about the money issue, just about what crimes Mr. Epstein is pleading guilty to and the amount of time that has been agreed to. Rolando also is telling Chief not to disclose the outcome to anyone. From: Jay Lefkowitz ([email protected] Sent: Monday, September 24, 2007 4:06 PM To: 1 (USAFLS) Subject: Re: Do you have a signed copy? - Please do whatever you can to keep this from becoming public. thanks -- Jay • 09124/2007 04:04 PM To "Jay tamable 41..elkceistatilkinthinclesco, cc Subject Do you have a signed copy? Hi Jay - Sorry to be a bother, but do you have a copy that at least contains Mr. Epstein's signature? I need to pass it along to the powcrs that bc. Thanks. • RFP MIA 000281 EFTA00184699
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Case 9:08-cv-80736-KAM Document 361-58 Entered on FLED Docket 02/10/2016 Page 1 of 2 EXHIBIT 58 EFTA00184700
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Case 9:08-cv-80736-KAM Document 361-58 Entered on FLSD Docket 02/10/2016 Page 2 of 2 10/11/2007 02:31 PM To <[email protected]> cc bcc Subject Fw WPB Marriott 1001 Okeechobee Blvd. Weal Pak Beach, FL 33401 Jay - see you at 7. Address is below. Sent from my BlackBerry Wireless Handheld Original Message From: Castillo, Annette (USAFLS) To: (2890) SentilillOcli!! 12:49:09 2007 Subject: WPB Marriott 1001 Okeechobee Blvd. West Palm Beach, FL 33401 US_Atty_Cor_00196 EFTA00184701
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Case 9:08-cv-80736-KAM Document 361-59 Entered on FLSD Docket 02/10/2016 Page 1 of 2 EXHIBIT 59 EFTA00184702
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Case 9:08-cv-80736-KAM Document 361-59 Entered on FLSD Docket 02/10/2016 Page 2 of 2 (USAFLS) From: (USAFLS) Sent: on ay, september 1 , 2007 1:09 PM To: [email protected] Cc: Garcia, Rolando (USAFLS) Subject: My whereabouts Hi Jay — I am headed home. If a document is ready to be reviewed later today, can you send a copy to me and also to Rolando (who is stepping In for And Please send to my home e-mall address nd give me a call on my cell so I can be ready for some discussions tomorrow, If anything else comes up, please don't hesitate to call. 6 08-80736-CV-MARRA RFP WPB 001709 EFTA00184703