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FBI VOL00009
EFTA00193954
651 sivua
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From: Sloman, Jeff (USAFLS) Sent: Thursday, September 06, 2007 5:35 PM To: VIParana, Ann Marie C. (USAFLS) Subject: Epstein Please refresh my recollection. What is the "deal" on the table? Tracking: 662 EFTA00194354
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Villafana, Ann Marie C. (USAFLS) From: Villatana, Ann Marie C. (USAFLS) Sent: Tuesday, July 08, 2008 12:15 PM To: Lee, Dexter (USAFLS) Subject: FW: Epstein Dexter — Please see below. A. Marie ViIlafaiia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Vlllafana, Mn Marie C. (USAFLS) Sent: Thursday, September 06, 2007 5:47 PM To: Sloman, Jeff (USAFLS) Subject: RE: Epstein Ili Jeff— Funny you should ask. I have been wondering the same thing. Here is the term sheet and guidelines calculation that we provided at the last meeting. You and Matt and I had also discussed a possible federal plea to an Information charging a 371 conspiracy, with a Rule 11 plea with a two-year cap, but I think Matt must have asked Alex about it and it was nixed. Just to be prepared for tomorrow, I was just starting to draft a Rule II plea agreement in case Alex changes his mind and a formal non-prosecution agreement containing the state plea terms. As soon as those are ready, I will e- mail them to you. Genf Plea gotiations final.% There are three concerns that I hope we can address tomorrow. First, that there is an absolute drop-dead date for accepting or rejecting because it is strategically important that we indict before the end of September, which means presenting the indictment on September 256. Second, the agents and I have not reached out to the victims to get their approval, which as Drew politely reminded me, is required under the law. And third, I do not want to make any promises about allowing Epstein to self-surrender because I still believe that we have a good chance of getting him detained. On another note, Junior got a call today from the Palm Beach Police Chief because he got information that there will be an article released tomorrow about our meeting and that Epstein is going to plead to a state charge and the Chief wanted to know if the victims had been consulted about the deal. There has been some coverage in the New York press about Ken Starr, but I haven't seen anything local yet. A. Marie Villafaiia Assistant U.S. Attorney 561 209-1047 661 EFTA00194355
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Recipient Lee, Dexter (USAFLS) Read Reed: 7/8/2008 12:20 PM 660 EFTA00194356
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Did we consider these, or any other factors, in deciding not to advise the victims of the plea negotiations, which appeared to have commenced in mid-2007? Thanks. Dexter Tracking: 659 EFTA00194357
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Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Tuesday, July 08, 2008 12:17 PM To: Lee, Dexter (USAFLS) Subject: RE: Factors in Not Disclosing Plea Agreement Terms Hi Dexter — I will forward to you an e-mail that I sent to Jeff and Alex about victim notification during the negotiations. The terms of the agreement were proposed by Matt Menchel, and I worked on drafting an agreement in accordance with those terms. think the Office's position is that the number of victims, timing, and the confidentiality provisions included in the agreement made victim notification impossible. I would add that, after seeing how the defense twisted the disclosure of the terms to the first few victims, premature notification of them would have compromised their trial testimony. 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 From: Lee, Dexter (USAFLS) Sent: Tuesday, July 08, 2008 12:09 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Factors in Not Disclosing Plea Agreement Terms Marie, The Attorney General's Guidelines lists several factors in determining whether to notify a victim of a proposed plea agreement: (3) Proposed Plea Agreements. Responsible officials should make reasonable efforts to notify identified victims of, and consider victims' views about, prospective plea negotiations. In determining what is reasonable, the responsible official should consider factors relevant to the wisdom and practicality of giving notice and considering views in the context of the particular case, including, but not limited to, the following factors: (a) The impact on public safety and risks to personal safety. (b) The number of victims. (c) Whether time is of the essence in negotiating or entering a proposed plea. (d) Whether the proposed plea involves confidential information or conditions. (e) Whether there is another need for confidentiality. (f) Whether the victim is a possible witness in the case and the effect that relaying any information may have on the defendant's right to a fair trial. When we spoke this morning, you told me that the initial agreement with Epstein was reached in September 2007. An addendum was negotiated in October 2007. Finally, an additional portion of the agreement was signed in December 2007. 658 EFTA00194358
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Recipient S$oman, Jeff (USAFLS) Acosta, Alex (USAFLS) Atkinson, Karen (USAFLS) Read Read: 71812008 12:28 PM Read: 7187200812:35 PM 657 EFTA00194359
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Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Tuesday, July 08, 2008 12:24 PM To: Sloman, Jeff (USAFLS); Acosta, Alex (USAFLS) Cc: Atkinson, Karen (USAFLS) Subject: Emailing: 080708 Goldberger lir re notification.wpd Attachments: 080708 Goldberger ltr re notification.wpd Jeff, Alex, and Karen: I have attached my proposed notification letter to Jack Goldberger. Thank you. The message is ready to be sent with the following file or link attachments: 080708 Goldberger ltr re notification.wpd Note: To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. Tracking: 656 EFTA00194360
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Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Tuesday, July 08, 2008 12:51 PM To: Kuyrkendall, E N. (FBI); Richards, Jason R. (FBI) Subject: JE Iii guys - Sony I sound so rushed, but I am trying to deal with too many things at once. Here is a letter I drafted to go to Goldberger today. I am waiting for approval from the 8th Floor to send it. 080708 iberger ltr re not Can you fax to me Twiler's letters to Thank you. A. Marie Villafalfa Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 and Mt I need to attach them to my declaration. 655 EFTA00194361
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Villafana, Ann Marie C. (USAFLS) From: Richards, Jason R. (FBI) Sent: Tuesday, July 08, 2008 1:05 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Re: JE Vic/Wit letters coming to you right now. Original Message From: Villafana, Ann Marie C. (USAFLS) <[email protected]> To: Kuyrkendall, E N.; Richards, Jason R. Sent: Tue Jul 08 12:51:15 2008 Subject: JE Hi guys - Sorry I sound so rushed, but I am trying to deal with too many things at once. Here is a letter I drafted to go to Goldberger today. I am waiting for approval from the 8th Floor to send it. «080708 Goldberger ltr re notification.wpd» Can you fax to me Twiler's letters to , and St I need to attach them to my declaration. Thank you. A. Marie Villafaha Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 654 EFTA00194362
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Recipient Read 'Jack Goldberger Atkinson, Karen (USAFLS) Read: 7/8/2008 2:13 PM Kurkendall, E N. (FBI) Richards. Jason R. (FBI) Sloman, Jeff (USAFLS) Read: 7/8/2008 2:08 PM Lee, Dexter (USAFLS) Read: 7/8/2008 2:07 PM 653 EFTA00194363
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Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Tuesday, July 08, 2008 2:06 PM To: 'Jack Goldberger' Cc: Atkinson, Karen (USAFLS) Subject: Victim Notification in Epstein Dear Mr. Goldberger: Please review the attached letter. 080708 iberger lir re Vic 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: 652 EFTA00194364
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Ms. Herd. Attached please find the emergency petition filed yesterday afternoon, and a draft declaration from the AUSA. Our response is due on Wednesday, July 9, 2008, at close of business. Thanks for your assistance. Dexter lee (305) 961-9320 Villafana DE1_080707_Pet xlaration re victi ition.pdf 651 EFTA00194365
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Villafana, Ann Marie C. (USAFLS) From: Lee, Dexter (USAFLS) Sent: Tuesday, July 08, 2008 4:29 PM To: Villafana, Ann Marie C. (USAFLS) Subject: FW: Epstein CVRA Case Marie, Can you scan the letters and send them to me by e-mail? Thanks. Dexter From: Neal, Kristina (USAEO) Sent: Tuesday, July 08, 2008 4:02 PM To: Lee, Dexter (USAFLS) Cc: Herd, Kim (USAEO) Subject: FW: Epstein CVRA Case Good Afternoon. Kim and I are taking a look at the petition and affidavit that you sent and were wondering if it would be possible for you to send us a copy of the letters that were sent to the victims in this case. The AUSA refers to attached copies in her affidavit at #3. We are working on this and will respond to you ASAP. Thanks. Kris Neal Kristina Neal Attorney Advisor LECC/Vietim Witness Staff EOUSA (202) 305 2538 From: Lee, Dexter (USAFLS) Sent: Tuesday, July 08, 2008 1:37 PM To: Herd, Kim (USAEO) Subject: Epstein CVRA Case 650 EFTA00194366
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Recipient Lee. Dozier (USAFLS) Read Read: 7M/2008 5:00 PM 649 EFTA00194367
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Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Tuesday, July 08, 2008 4:40 PM To: Lee, Dexter (USAFLS) Subject: FW: Victim Letters001.pdf Ili Dexter — I am finishing up the Declaration now. The letters are attached below. A. Marie Villain& Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Ball, Shawn (USAFLS) Sent: Tuesday, July 08, 2008 4:38 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Victim Letters001.pdf Victim Letters001.pdf Tracking: 648 EFTA00194368
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Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Made C. (USAFLS) Sent: Tuesday, July 08, 2008 4:58 PM To: Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS); Lee, Dexter (USAFLS) Cc: Kuyrkendall, E N. (FBI); Richards, Jason R. (FBI); Atkinson, Karen (USAFLS) Subject: Letter received from Epstein's counsel Hi all — I received one line from Jack Goldberger, which reads: "lam out of the office today. I will response (sic) to your fax of July 8, 2008 by return of fax tomorrow." 647 EFTA00194369
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Recipient Read Sioman, Jell (USAFLS) Read: 7/8/2008 5:28 PM Lee. Dexter (USAFLS) Read: 7/812008 5:30 PM Kuyrkendall, E N. (FBI) Richards, Jason R. (FBI) Atkinson, Karen (USAFLS) Read: 7/9/2008 9:19 AM 646 EFTA00194370
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Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Tuesday, July 08, 2008 5:24 PM To: Sloman, Jeff (USAFLS); Lee, Dexter (USAFLS) Cc: Kuyrkendall, E N. (FBI); Richards, Jason R. (FBI); Atkinson, Karen (USAFLS) Subject: Emailing: Villafana Declaration re victim notification.wpd Attachments: Villafana Declaration re victim notification.wpd I haven't proofed it yet, and Nesbitt and Jason need to double-check me on the facts, but I wanted to get it to you as soon as I could in case the Office wants to do major revisions. The air conditioning in my office is broken, so I am going to head home. I will have access to e-mail and the document at home, if we want to make changes tonight. Otherwise I will be back early tomorrow. If you do want to make changes, please just call me on my cell, 561 601-2301, and then I can sign on to the computer at home. Thanks. The message is ready to be sent with the following file or link attachments: Villafana Declaration re victim notification.wpd Note: To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. Tracking: 645 EFTA00194371
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Villafana, Ann Marie C. (USAFLS) From: Lee, Dexter (USAFLS) Sent: Tuesday, July 08, 2008 5:29 PM To: Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS) Cc: Villafana, Ann Marie C. (USAFLS); Jacobus, Wendy (USAFLS) Subject: Draft Response in Jane Doe Alex and Jeff, Here is a draft response to the emergency petition filed by Jane Doe in the Epstein case. Our first argument is that Doe had no rights under 18 U.S.C. 3177(a)(5) since that provision does not apply where there are no "court proceedings" in federal court, and none were contemplated, as long as Epstein complied with the non-prosecution agreement. The second argument is that the government used its best efforts to comply, since the A/G guidelines permitted us to not notify victims of the proposed plea negotiations if the proposed plea involved confidential information or conditions, or there is another need for confidentiality. Article IV, Section B(2)(C)(3). The government exercised its discretion and determined that keeping the terms confidential was necessary in order to obtain the best agreement. In particular, the government wanted Epstein to make a significant concession on one of the elements in 18 U.S.C. 2255. I am speaking with Kim Herd at EOUSA regarding the government's position. In particular, the first argument will have to be cleared by DOJ before I can assert it. Please feel free to make any comments. Thanks. Dexter victim_resp.wpd EFTA00194372
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Redolent Acosta, Alex (USAFLS) Lee, Dexter (USAFLS) Read Read: 7/8/2008 5:37 PM 643 EFTA00194373