EFTA00193954

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EFTA00194154

Villafana, Ann Marie C. (USAFLS) 
From: 
Jay Lefkowitz <[email protected]> 
Sent: 
Thursday, October 16, 2008 5:01 PM 
To: 
Villafana, Ann Marie C. (USAFLS); Roy Black 
Cc: 
Lee, Dexter (USAFLS); Atkinson, Karen (USAFLS) 
Subject: 
Re: Reply Brief in Jane Does I United States 
Thanks Marie - welcome to the club. I often wish plaintiffs would sue someone else instead of my client. :) 
From: "Villafana, Ann Marie C. (USAFLS)" [Ann.Marie.C.Villafana(gusdoj.gov) 
Sent: 10/16/2008 04:23 PM AST 
To: Jay Leflcowitz; "Roy BLACK" <RBLACK®royblack.com> 
Cc: "Lee, Dexter (USAFLS)" <Dexter.Lee®usdoj.gov>; "Atkinson, Karen (USAFLS)" <[email protected]> 
Subject: Reply Brief in Jane Does 
United States 
Dear Roy and Jay: 
I am attaching the reply brief filed by Brad Edwards with two pieces of correspondence that he attached to his 
pleading as exhibits. I had not seen Mr. Edwards' October 15th letter before he filed it in connection with his 
Reply, so I do not know whether Mr. Lee has even received it yet. Mr. Edwards argues that Mr. Epstein has no 
interest in keeping the agreement confidential because he has not responded to Mr. Edwards' motion to 
unseal. As you know, in our Response, the United States argued that this issue should be litigated in one of the 
suits filed by Mr. Edwards against Mr. Epstein. Mr. Edwards apparently believes it is to his benefit to argue 
these issues, instead, in his lawsuit against the United States. 
«DE30_081016_RepIy re Motn Unseal.pdf>> «DE30-2_081016_Ex 1.pdf>> «DE30-3_081016_Ex 2.pdf>> 
A. Marie Villafafia 
Assistant U.S. Attorney 
500 S. Australian Ave, Suite 400 
West Palm Beach, FL 33401 
Phone 561 209-1047 
Fax 561 820-8777 
***** 
*Ilt*** ****** 
********** 
********** 
******************** 
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 
8 
EFTA00194155

EFTA00194156

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. 
EFTA00194157

EFTA00194158

Villafana, Ann Marie C. (USAFLS) 
From: 
Jay Lefkowitz <[email protected]> 
Sent: 
Wednesday, October 8, 2008 2:40 PM 
To: 
Villafana, Ann Marie C. (USAFLS); Roy Black 
Cc: 
Atkinson, Karen (USAFLS); Lee, Dexter (USAFLS) 
Subject: 
Re: Jane Does". United States 
Thank you for sending this. 
Jay 
From: "Villafana, Ann Marie C. (USAFLS)" [[email protected]) 
Sent: 10/08./2008 02:37 PM AST 
To: <[email protected]>; Jay Lefkowitz 
Cc: "Atkinson, Karen (USAFLS)" <Karen.Atkinson®usdoj.gov>; "Lee, Dexter (USAFLS)" <[email protected]> 
Subject: Jane Does'. United States 
Dear Roy and Jay: 
I am attaching the United States' Response to the Petitioners' Motion to Unseal the Non-Prosecution 
Agreement, which was filed in the victims' rights suit filed against the United States by Attorney Brad Edwards 
on behalf of two of the victims. In his motion to unseal, Attorney Edwards stated that he would provide notice 
of his motion to counsel for Mr. Epstein. I do not know if he actually did so. 
In our response, we oppose the Petitioners' motion, and point out that Mr. Edwards has filed a civil suit against 
Mr. Epstein and that litigation regarding the Non-Prosecution Agreement is more appropriate in that forum 
where the real party in interest (Mr. Epstein) is a party to the suit. 
«DE29_081008_Resp to Motn Unseal.pdf» 
A. Marie Malefic, 
Assistant U.S. Attorney 
561 209-1047 
Fax 561 820-8777 
****** 
********* 
*********** 
****** 
****** 
*********** 
********** 
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 
6 
EFTA00194159

EFTA00194160

Villafana, Ann Marie C. (USAFLS) 
From: 
Senior, Robert (USAFLS) <[email protected]> 
Sent: 
Wednesday, October 8, 2008 3:00 PM 
To: 
Villafana, Ann Marie C. (USAFLS) 
Subject: 
RE: Jane Does I United States 
Thx. I agree that a copy should be sent. 
From: Villafana, Ann Marie C. (USAFLS) 
Sent: Wednesday, October 08, 2008 2:17 PM 
To: Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS); Senior, Robert (USAFLS); Atkinson, Karen (USAFLS) 
Cc: Lee, Dexter (USAFLS); Garcia, Rolando (USAFLS) 
Subject: Jane Does I United States 
Hi all — Here is the pleading that Dexter and I filed today in response to the Jane Does' Motion to Unseal the 
Non-Prosecution Agreement. Although the Petitioners' Motion asserts that they would provide notice of the 
motion to Epstein's attorneys, I think it would be prudent for us to send a copy to Roy and Jay. Please let me 
know if you agree. 
Thank you. 
Once Judge Main decides this motion, I think we should move to dismiss the petition, otherwise Brad Edwards 
will try to use the case as a never-ending "wishing well" to keep making more and more outrageous requests of 
Judge Marra. 
<< File: DE29_081008_Resp to Moth Unseal.pdf >> 
A. Marie Villafafia 
Assistant U.S. Attorney 
561 209-1047 
Fax 561 820-8777 
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EFTA00194161

EFTA00194162

Villafana, Ann Marie C. (USAFLS) 
From: 
Sloman, Jeff (USAFLS) <[email protected]> 
Sent: 
Wednesday, October 8, 2008 230 PM 
To: 
Villafana, Ann Marie C. (USAFLS) 
Subject: 
Re: Jane Does'. United States 
Fine with me. 
From: Villafana, Ann Marie C. (USAFLS) 
To: Acosta, Alex (USAFLS); Sbman, Jeff (USAFLS); Senior, Robert (USAFLS); Atkinson, Karen (USAFLS) 
Cc: Lee, Dexter (USAFLS); Garcia, Rolando (USAFLS) 
Sent: Wed Oct 08 14:16:50 2008 
Subject: Jane Does'. United States 
Hi all - Here is the pleading that Dexter and I filed today in response to the Jane Does' Motion to Unseal the 
Non-Prosecution Agreement. Although the Petitioners' Motion asserts that they would provide notice of the 
motion to Epstein's attorneys, I think it would be prudent for us to send a copy to Roy and Jay. Please let me 
know if you agree. 
Thank you. 
Once Judge Marra decides this motion, I think we should move to dismiss the petition, otherwise Brad Edwards 
will try to use the case as a never-ending "wishing well" to keep making more and more outrageous requests of 
Judge Marra. 
«DE29_081008_Resp to Motn Unseal.pdf» 
A. Marie Villafana 
Assistant U.S. Attorney 
561 209-1047 
Fax 561 820-8777 
27 
EFTA00194163

Villafana, Ann Marie C. (USAFLS) 
From: 
ViHelena, Ann Marie C. (USAFLS) 
Sent: 
Monday, December 03, 2007 4:32 PM 
To: 
Acosta, Alex (USAFLS) 
Cc: 
Sloman, Jeff (USAFLS) 
Subject: 
Follow up on the trust issue 
Hi Alex — I wasn't sure if you knew that I actually did quite a bit of research on the issue of "the Trust." With 
Drew's help, I tracked down and spoke with the AUSA in Alaska who put together that agreement. His case 
did not involve damages, it was purely restitution. He also had a small number of identified victims (1 think 
12), and they all consented to the procedure. In Alaska, they also were able to persuade a small local bank to 
serve as the trustee, and they had a somewhat elaborate procedure for deciding who would get what money. 
There also was a Court order approving the procedure. Also, one of Starr's objections is that the his client was 
informed of who the victims were before he signed the agreement, but the same thing happened in Alaska. In a 
notice to the Court, the AUSA wrote: This filing is made ex parte because Boehm, in his plea 
agreement, waived any rights he had pertaining to the selection of beneficiaries and the 
disbursement of funds to such beneficiaries. 
My objections to the Trust concept were: (1) I could not bind the girls to an agreement that would involve 
waiving their rights to file private lawsuits; (2) since there would be no federal plea, there was no mechanism to 
involve the Court in administering the Trust and there would be no federal order of restitution; (3) I knew that 
all of the girls would not consent to such a procedure; (4) there was no way to estimate the damages of all of the 
girls to decide what the corpus amount should be; and (5) given how difficult the negotiations had been, I knew 
that creating and agreeing to an elaborate trust structure would be impossible. I did offer to include language 
about our Office and the attorney for the girls sitting down with the defense to try in good faith to develop a 
trust, but that was rejected. 
I have copies of all of the documents that they used in Alaska, if you are interested. 
Thanks. 
A. Marie Villafaila 
Assistant U.S. Attorney 
500 S. Australian Ave, Suite 400 
West Palm Beach, FL 33401 
Phone 561 209-1047 
Fax 561 820-8777 
P-"aNkt--
upotC' 
ci f 
1O-1 
Tracking: 
2485 
EFTA00194164

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EFTA00194165

Recipient 
Acosta. Alex (USAFLS) 
8lornan, Jeff (USAFLS) 
Read 
Read: 12/3/2007 4:32 PM 
2486 
EFTA00194166

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EFTA00194167

ViBatelle, Ann Marie C. (USAFLS) 
From: 
Villafana, Ann Marie C. (USAFLS) 
Sent: 
Thursday, September 13, 2007 8:10 PM 
To: 
Oosterbaan, Andrew 
Subject: 
RE: Epstein 
Hi Drew —I tracked down the AUSA in Alaska and he is sending the trust agreement out to me. I will let you 
know how things go in the morning. 
Thanks. 
A. Marie Villafafla 
Assistant U.S. Attorney 
500 S. Australian Ave, Suite 400 
West Palm Beach, FL 33401 
Phone 561 209-1047 
Fax 561 820-8777 
From: Oosterbaan, Andrew 
Sent: Thursday, September 13, 2007 7:54 PM 
To: Villafana, Ann Marie C. (USAFLS) 
Subject: RE: Epstein 
Thanks for the information, Marie. I'll get the details on the Boehm arrangements from the prosecutors and get back to 
you tomorrow. I believe the girls agreed to the arrangement, but I'll confirm that. I should have the indictment reviewed 
by then as well. 
From: Villafana, Ann Marie C. (USAFLS) [mallto:Ann,[email protected]] 
Sent: Thursday, September 13, 2007 7:37 PM 
To: Oosterbaan, Andrew 
-Subject 
Epstein 
Hi Drew - Sony to bother you, but the plea negotiations are getting fast and furious. Epstein's lawyers are 
fixated on this idea of a "victim's fund" rather than having the girls file separate 2255 actions. I know that the 
reason they want to do it is not out of the goodness of their hearts but to keep this stuff out of the public Court 
files, but in some ways it will help the girls, too. Do you know anything about how the fund in Alaska was 
worked out? Did all the victims consent or did the Court just do it? 
Thank you for your help. I also turned in the indictment package to my immediate supervisor today, so I expect 
some edits back from her before it goes higher up the chain.. If you had any thoughts, please let me know. 
A. Marie Illiafafia 
Assistant U.S. Attorney 
500 S. Australian Ave, Suite 400 
West Palm Beach, FL 33401 
3164 
EFTA00194168

Villafana, Ann Marie C. (USAFLS) 
From: • 
Villafana, Ann Marie C. (USAFLS) 
Sent: 
Monday, September 10, 2007 5:24 PM 
To: 
Sloman, Jeff (USAFLS); Lourie, Andrew (USAFLS) 
Subject: 
FBI 
Jeff and Andy — The agents are asking whether Alex had a chance to talk to the SAIC. Do you know? 
A. Marie Villafana 
Assistant U.S. Attorney 
500 S. Australian Ave, Suite 400 
West Palm Beach, FL 33401 
Phone 561 209-1047 
Fax 561 820-8777 
Tracking: 
3231 
EFTA00194169

Good job. A few thoughts: 
I would eliminate the first sentence of para 2. Is there another way to deal with the issue in para 3 without this in the plea 
agreement ? Do we need pare 10? Isn't para 11 sufficient without 10? Is it our place to include para 13 in this 
agreement? I think it belongs in the state agreement and it looks out of place here. 
I think you should include Roy or another member of the FL Bar on the plea agreement so we are not slowed down at the 
last minute by Pro Hac stuff. 
From: VIllafana, Ann Marie C. (USAFLS) (mailto:[email protected]] 
Sent: Wednesday, September 19, 2007 2:36 PM 
To: Lourie, Andrew 
Subject: RE: epstein 
FYI - The Palm Beach Post reported the whole deal in today's paper and claimed to have a "federal source" and a "spy" 
in Epstein's camp. 
.4. Marie Villafaiia 
Assistant U.S. Attorney 
56I 209.1047 
From: Lourie, Andrew [mailto:[email protected]] 
Sent: Wednesday, September 19, 2007 2:33 PM 
To: Villafana, Ann Marie C. (USAFLS) 
Subject: RE: epstein 
Can you send me copy of the last thing you sent them? Thanks. 
From: VIllafana, Ann Marie C. (USAFLS) [mailto:[email protected]] 
Sent: Wednesday, September 19, 2007 2:31 PM 
To: Lourle,_Andem;Rarcia,_1101ando (OARS) _ 
Subject: RE: epstein 
We are still waiting for a "Taline'roWeement that they seemed happy with yelfErdarBrAy an Lanna and 
Epstein's attorneys are coming to our office on Monday to finalize everything with the plan of getting him at least 
arraigned on Monday afternoon. They tried to drag it into Tuesday and I said no. 
A. Marie Viliafatia 
Assistant U.S. Attorney 
561 209-1047 
From: Lourie, Andrew [mallto:[email protected]] 
Sent: Wednesday, September 19, 2007 2:25 PM 
To: Villafana, Ann Marie C. (USAFLS); Garcia, Rolando (USAFLS) 
Subject: epstein 
What is the latest? 
3045 
EFTA00194170

Villafana, Ann Marie C. (USAFLS) 
From: 
Villafana, Ann Marie C. (USAFLS) 
Sent: 
Wednesday, September 19, 2007 4:33 PM 
To: 
Lourie, Andrew; Garcia, Rolando (USAFLS) 
Cc: 
Atkinson, Karen (USAFLS) 
Subject: 
RE: Draft Plea Agreement 
Importance: 
High 
Andy and Rolando -- This is my proposed response (below). I know that you keep 
saying he is going to plead, and he will plead if we cave on everything, but I 
really do not think that Mr. Epstein is going to engage in serious negotiations 
until he sees the Indictment and shows up in mag court (preferably in flip-
flops). In reviewing the indictment package, if you would like to maintain 
flexibility for the future, we could indict Mr. Epstein just on Count 1 (the 
conspiracy charge), and, if he won't plead to 5 years at that time, supersede 
with the remaining counts and just go to trial. But we gave them an initial 
deadline of early August with the 24-month sentence. We are now seven weeks 
later and we are just spinning our wheels. 
Jay -- The same problems that I e-mailed you about on Sunday and discussed 
yesterday with you and Rolando and that you discussed with Andy are still in 
here. Paragraphs 4, 7, 8, 9, and 11 have specifically been discussed and 
rejected. Paragraphs 17 through 19 have been addressed in paragraph 2 and will 
not be repeated. You have removed our paragraphs 4 (regarding the application of 
the Sentencing Guidelines) and 18 (appeal waiver) both of which are specifically 
required by the Office's Appellate Division. You have replaced Mr. Epstein's 
plea to a registrable offense, to one that does not require registration, and you 
have again delayed the plea until after Mr. Epstein completes his federal prison 
— - sentence. Relande—and I specifically—told-you that was—unacceptable,—and_Bacry____ 
Krischer also has informed us that he will not keep his case open for that 
period. You-also have inserted that_this.is a Rule 11(_O.(1)_(C) 
the judge, which you know we have specifically rejected. 
There are other, smaller, changes that the Office probably cannot agree to, but 
the bigger issues are these. If you or your client insists on these, there can 
be no plea agreement. 
A. Marie Villafana 
Assistant U.S. Attorney 
561 209-1047 
 
Original Message 
From: Jay Lefkowitz [mailto:[email protected]] 
Sent: Wednesday, September 19, 2007 3:44 PM 
To: Villafana, Ann Marie C. (USAFLS) 
Subject: Fw: Draft Plea Agreement 
3041 
EFTA00194171

Confidential 
For settlement purposes only 
Marie - I wanted to get this to you before I took off for nyc. I am landing at 7 
and would like to speak shortly thereafter. 
I am still considering which of the options you suggested Sunday. In this email, 
I am sending you a redline of your federal resolution. I am also working on a 
deferred prosecution agreement because it may well be that we cannot reach 
agreement here. I don't think there are that many issues left open, although 
clearly we still need to have further discussions. I also like your suggestion 
from Sunday that we consider a C plea. 
I know that Alex would have to sign off on it and that he has not done so as of 
now. 
Regarding my schedule, I am available tonight to speak, all afternoon tomorrow (I 
am in fed court in nyc on another criminal matter tomorrow am), and then all day 
Friday. 
I will plan on seeing you Monday. I am confident that one of the approaches we 
have discussed will work out. 
Jay 
Original Message 
From: Jay Lefkowitz 
Sent: 09/19/2007 03:35 PM EDT 
To: Jay Lefkowitz 
Subject: Draft- Plea Agreement--
(See attached file: 9.19.07 Draft Plea Agreement 
(Clean).doc) 
(See attached file: 9.19.07 Draft Plea Agreement 
(Redlined).doc) 
*********************************************************** 
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 nostmasterPkirkland.com, and destroy this communication and all copies 
thereof, including all attachments. 
*********************************************************** 
Tracking: 
3042 
EFTA00194172

EFTA00194173