EFTA00193954

Gmail - (no subject) 
Page 14 of 17 
Marie - very sorry. Do you mind calling at 1015 instead? 
Thx 
 
 Original Message --
From: "Ann Marie Villafana" 
Sent: 09/16/2007 08:47 AM AST 
To: Jay Lefkowitz 
Subject: Re: JE negotiations 
Hi Jay -- Sorry -- I didn't get your message until this morning. I will call you at 9:15. If that 
doesn't work, let me know a better time, otherwise I will just plan to speak to you at 9:15. 
Thanks. 
The information contained in this communication is 
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************************************************ 
— 
From: Jay Lefkowitz <[email protected]> 
Date: September 16, 2907 9:46:51 AM EDT 
TO: "Ann Marie Villatanas 
Subject: Re: JE negotiations 
SThx 
---- Original Message ---
From: "Ann Marie Villafana" 
Sent: 09/16/2007 09:07 AM AST 
To: Jay Lefkowitz 
Subject: Re: JE negotiations 
Sounds fine. Thanks. Can you e-mail me the number where you want me to call you? 
*********************************************************** 
EFTA00194034

Gmail - (no subject) 
Page 13 of 17 
*********************************************************** 
Begin forwarded message: 
. 
From: Jay Lefkowitz <JLeiltowitz©kirkland.com> 
Date: September 16, 2007 10:39:21 AM EDT 
To: "Ann Marie Villafana' 
Subject: Re: JE negotiations 
Yes. I plan to send you a long email with several suggestions, none of which I think will be 
controversial. 
Thx 
 
Original Message --
From: "Ann Marie Villafana" 
Sent: 09/16/2007 10:35 AM AST 
To: Jay Lefkowitz 
Subject: Re: JE negotiations 
Hi Jay -- I will wait to hear from you before I change the documents back to the 1512, but 
can you tell me when you call back whether you had any issues with the language of the 
plea agreement or the information that I sent earlier? Thanks. 
*************************************4********************* 
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Begin forwarded message: 
From: Jay Lefkowitz <JLefkowitz kirkland.com> 
Date: September 16, 2007 9:55:30 AM EDT 
To: "Ann Marie Villafana" 
Subject: Re: JE negotiations 
EFTA00194035

Gmail - (no subject) 
Page 12 of 17 
Begin forwarded message:. 
From: Jay Letkowitz <[email protected]> 
Date: September 16, 2007 11:44:21 AM EDT 
To: "Ann Marie Villafanale 
Subject. Re: JE negotiations 
Yes. Will check it out this pm. Sending you various suggested edits shortly as well. 
 
 Original Message ----
From: "Ann Marie Villafana" [[email protected]] 
Sent: 09/16/2007 11:41 AM AST 
To: Jay Lefkowitz 
Subject: Re: JE negotiations 
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 Ms. Groff at her home. The agents and 
I would need to speak with Ms. Marcinkova and Ms. Groff 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 Ms. Groff 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. 
*********************************************************** 
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EFTA00194036

Gmail - (no subject) 
Page 11 of 17 
Kirkland & Ellis LLP or Kirkland & Ellis International LLP. 
Unauthorized use, disclosure or copying of this 
communication or any part thereof is strictly prohibited 
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communication in error, please notify us immediately by 
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********* ***** ***** *mit*** ************ l• ***Mitt*** 
****** 
* 
Begin forwarded message: 
From: Jay Lefkowitz <[email protected]> 
Date: September 16, 2007 12:07:34 PM EDT 
To: "Marie Villafana, Ann" 
Subject: Fw: 
Marie - I would like you to take a look at these suggestions in the meantime. I tried to 
follow your format. 
• I have not yet cleared all of this with my client. 
Thx 
--- Original Message ----
From: jplefkowitz 
Sent: 09/16/2007 11:58 AM AST 
To: Jay Lefkowitz 
Email and AIM finally together. You've gotta check out free AOL Mail! -
http://mail.aol.com 
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. 
EFTA00194037

Gmail - (no subject) 
Page 10 of 17 
policy not to try to, however, I can tell you that, as far as I know, there is no plan to try to 
proceed on any immigration charges against either Ms. Ross or Ms. Marcinkova. 
Also, on the grand jury subpoenas, I can prepare letters withdrawing them as of the 
signing of the plea agreement, but I would prefer to take out that language. In my eyes, 
once we have a plea agreement, the grand jury's investigation has ended and there can 
be no more use of the grand jury's subpoena power. 
I had hoped that we were far closer to resolving this than it appears that we are. Can I 
suggest that tomorrow we either meet live or via teleconference, either with your client or 
having him withiri a quick phone call, to hash out these items? I was hoping to work only a 
half day tomorrow to save my voice for Tuesday's hearing and grand jury, if necessary, 
but maybe we can set a time to meet. If you want to meet "off campus" somewhere, that 
is fine. I will make sure that I have all the necessary decision makers present or "on call," 
as well. 
• 
If we can resolve some of these issues today, let's try to, and then save only the difficult 
issues for tomorrow. 
Sorry for the long e-mail, and for ruining your date with your daughter. 
*********************************************************** 
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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 
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rettlrne-mail or [email protected],_and.____ 
destroy this communication and all copies thereof, 
including all attachments. 
*********************************************************** 
Begin forwarded message: 
• From: Jay Lefkowitz <41.etkowilzepkirkland.com>.
Date: September 16, 2007 12:25:43 PM EDT 
To: "Marie Villafana, Ann"
Marie - I will call you as soon as the show ends. 
Jay 
* ************ 
****** *** * ** * ********** ******* ************ 
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constitute inside information, and is intended only for 
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EFTA00194038

Gmail - (no subject) 
Page 9 of 17 
some of the timing issues be addressed only in the state agreement, so that it isn't 
obvious to the judge that we are trying to create federal jurisdiction for prison purposes. 
My understanding is that Mr. Epstein should sign a state plea agreement, plead guilty to 
the federal offenses, plead guilty to the state offenses, be sentenced on the federal 
offenses, and then be sentenced on the state offenses, and then start serving the federal 
sentence. 
Re your paragraph 3: As to the reservation of Mr. Epstein's right to withdraw his state 
plea or to appeal his state plea or sentence, that is fine, but we need the caveat that, if he 
were to do so, the United States could proceed on our charges. 
Re your paragraph 6: With respect to the waiver of the right to appeal the federal 
sentence, given the way we have drafted the information, it is possible that getting to the 
18 month sentence will require an upward departure. The version of the agreement that 
yoti were working from is a federal non-prosecution agreement, the ones I have sent you • 
recently are plea agreements that get filed with the court. Please see if the appeal 
waiver language in those versions is alright. 
Re your paragraph 7: As I mentioned, we will not waive the presentence investigation. I 
know that this will delay Mr. Epstein's sentencing by 70 days, but that will allow him to get 
all of his affairs in order. As to bail, it will be set at the time of arraignment, and we can 
work out a joint recommendation regarding the amount and its limitations. I have no 
objection to making a joint recommendation that Mr. Epstein remain out on bond pending 
his sentencing, but I'm not sure that it belongs in a plea agreement, especially since I can't 
bind the court on that issue. However, I can assure you, and we can put it on the record 
during the plea collooquy, that I will join in your recommendation that he remain out on 
bond pending sentencing. The same goes for the prison camp issue. As I mentioned, I 
have opposed a designation only once in a very particular case. I can assure you, and we 
can put it on the record at the plea colloquy that I will not oppose your recommendation 
for Mr. Epstein's designation. 
Re your paragraph 8: As I mentioned over the telephone, I cannot bind the girls to the 
— Trust Agreement, and tdon't think-it is-appropriate that a-state court-would administer a - — 
trust that seeks to pay for federal civil claims. We both want to avoid unscrupulous 
attorneys and/or litigants from coming forward, and I know that your client wants to keep 
these matters outside of public court filings, but I just don't have the power to do what you 
ask. Here is my recommendation. During the period between Mr. Epstein's plea and 
sentencing, I make a motion for appointment of the Guardian Ad Litem. The three of us sit 
down and discuss things, and I will facilitate as much as I can getting the girls' approval 
of this procedure because, as I mentioned, I think it is probably in their best interests. In 
terms of plea agreement language, let me suggest the following: 
The United States agrees to make a motion seeking the appointment of a Guardian ad 
Litem to represent the identified victims. Following the appointment of such Guardian, the 
parties agree to work together in good faith to develop a Trust Agreement, subject to the 
Courts approval, that would provide for any damages owed to the identified victims 
pursuant to 18 U.S.C. Section 2255. Then include the last two sentences of your 
paragraph 8. 
Re the two paragraphs following your paragraph 8: I will include our standard language 
regarding resolving all criminal liability and I will mention "co-conspirators," but I would 
prefer not to highlight for the judge all of the other crimes and all of the other persons that 
we could chargé. Also, we do not have the power to bind Immigration and we make it a 
EFTA00194039

Gmail - (no subject) 
Page 8 of 17 
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. 
•*******************************+,*****************•******** 
Begin forwarded message: 
From: Jay Letkowitz <JLellowilz©kirkland.com> 
Date: September 16, 2007 4:08:08 PM EDT 
To: "Made \Malan% Annallalla 
Subject: Re: 
Ok. Hard to respond this second. But I think we are getting there. Will call later. Thx 
 
 Original Message 
From: "Ann Marie Villafana 
Sent: 09/16/2007 03:54 PM AST 
To: Jay Lefkowit.z, 
Subject: Re: 
Hi Jay -- This can wait until after the show, but my voice is going so I thought I would type 
it up. I talked to Andy and he still doesn't like the factual basis. In his opinion, the plea 
should only address the crimes that we were addressing, and we were not investigating 
Mr. Epstein abusing his girlfriend. 
So, these are the only options that he recommended: 
1. We go back to the original agreement where Mr. Epstein pleads only to state charges 
and serves his time in the state, except that we can agree to only 16 months 
imprisonment. 
2. Mr. Epstein pleads guilty to the state charges and also pleads to either two obstruction 
counts or to one count of violating 47 USC 223(a)(1)(B), with a joint non-binding 
recommendation of 18 months, so that Mr. Epstein can serve his time federally. 
3. (My suggestion only, not Andy's): I go back to the U.S. Attorney and ask him to agree 
to an ABA-plea to a 371 count (conspiracy to violate 2422(b)) with a binding 20-month 
recommendation so that Mr. Epstein can serve all of his time in a federal facility. 
Or 4. Mr. Epstein pleads to one obstruction count, and serves part of his time federally 
and part state. 
On your other proposed changes, some are fine and some are problematic. 
Re your paragraph 2: As to timing, it is my understanding that Mr. Epstein needs to be 
sentenced in the state after he is sentenced in the federal case, but not that he needs to 
plead guilty and be sentenced after serving his federal time. Andy recommended that 
EFTA00194040

Gmail - (no subject) 
Page 7 of 17 
have opposed a designation only once in a very particular case. I can assure you, and we 
can put it on the record at the plea colloquy that I will not oppose your recommendation 
for Mr. Epstein's designation. 
Re your paragraph 8: As I mentioned over the telephone, I cannot bind the girls to the 
Trust Agreement, and I don't think it is appropriate that a state court would administer a 
trust that seeks to pay for federal civil claims. We both want to avoid unscrupulous 
attorneys and/or litigants from coming forward, and I know that your client wants to keep 
these matters outside of public court filings, but I just don't have the power to do what you 
ask. Here is my recommendation. During the period between Mr. Epstein's plea and 
sentencing, I make a motion for appointment of the Guardian Ad Litem. The three of us.sit 
down and discuss things, and I will facilitate as much as I can getting the girls' approval 
of this procedure because, as I mentioned, I think it is probably in their best interests. In 
terms of plea agreement language, let me suggest the following: 
The United States agrees to make a motion seeking the appointment of a Guardian ad 
Litem to represent the identified victims. Following the appointment of such Guardian, the 
parties agree to work together in good faith to develop a Trust Agreement, subject to the 
Court's approval, that would provide for any damages owed to the identified victims 
pursuant to 18 U.S.C. Section 2255. Then include the last two sentences of your 
paragraph 8. 
Re the two paragraphs following your paragraph 8: I will include our standard language 
regarding resolving all criminal liability and I will mention "co-conspirators," but I would 
prefer not to highlight for the judge all of the other crimes and all of the other persons that 
we could charge. Also, we do not have the power to bind Immigration and we make it a 
policy not to try to, however, I can tell you that, as far as .l know, there is no plan to try to 
proceed on any immigration charges against either Ms. Ross or Ms. Marcinkova. 
Also, on the grand jury subpoenas, I can prepare letters withdrawing them as of the 
signing of the pleaagreement, but I would prefer to take out that language. In my eyes, 
once we have a plea agreement, the grand jury's investigation has ended and there can 
—be no-more use of the-grand jury's-subpoena power. 
I had hoped that we were far closer to resolving this than it appears that we are. Can I 
suggest that tomorrow we either meet live or via teleconference, either with your client or 
having him within a quick phone call, to hash out these items? I was hoping to work only a 
half day tomorrow to save my voice for Tuesday's hearing and grand jury, if necessary, 
but maybe we can set a time to meet. If you want to meet "off campus" somewhere, that 
is fine. I will make sure that I have all the necessary decision makers present or "on call," 
as well. 
If we can resolve some of these issues today, let's try to, and then save only the difficult 
issues for tomorrow. 
Sorry for the long e-mail, and for ruining your date with your daughter. 
*********************************************************** 
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 
EFTA00194041

Gmail - (no subject) 
Page 6 of 17 
Hi Jay -- This can wait until after the show, but my voice is going so I thought I would type 
it up. I talked to Andy and he still doesn't like the factual basis. In his opinion, the plea 
should only address the crimes that we were addressing, and we were not investigating 
Mr. Epstein abusing his girlfriend. 
So, these are the only options that he recommended: 
1. We go back to the original agreement where Mr. Epstein pleads only to state charges 
and serves his time in the state, except that we can agree to only 18 months 
imprisonment. 
2. Mr. Epstein pleads guilty to the state charges and also pleads to either two obstruction 
counts or to one count of violating 47 USC 223(a)(1)(B), with a joint non-binding 
recommendation of 18 months, so that Mr. Epstein can serve his time federally. 
3. (My suggestion only, not Andy's): I go back to the U.S. Attorney and ask him to agree 
to an ABA-plea to a 371 count (conspiracy to violate 2422(b)) with a binding 20-month 
recommendation so that Mr. Epstein can serve all of his time in a federal facility. 
Or 4. Mr. Epstein pleads to one obstruction count, and serves part of his time federally 
and part state. 
On your other proposed changes, some are fine and some are problematic. 
Re your paragraph 2: As to timing, it is my understanding that Mr. Epstein needs to be. 
sentenced in the state after he is sentenced in the federal case, but not that he needs to 
plead guilty and be sentenced after serving his federal time. Andy recommended that 
some of the timing issues be addressed only in the state agreement, so that it isn't 
obvious to the judge that we are trying to create federal jurisdiction for prison purpbses. 
My understanding is that Mr. Epstein should sign a state plea agreement, plead guilty to 
the federal offenses, plead guilty to the state offenses, be sentenced on the federal 
offenses, and then be sentenced on the state offenses, and then start serving the federal 
---sentence. 
Re your paragraph 3: As to the reservation of Mr. Epstein's right to withdraw his state 
plea or to appeal his state plea or sentence, that is fine, but we need the caveat that, if he 
were to do so, the United States could proceed on our charges. 
Re your paragraph 6: With respect to the waiver of the right to appeal the federal 
sentence, given the way we have drafted the information, it is possible that getting to the 
18 month sentence will require an upward departure. The version of the agreement that 
you were working from is a federal non-prosecution agreement, the ones I have sent you 
recently are plea agreements that get filed with the court. Please see if the appeal 
waiver language in those versions is alright. 
Re yOur paragraph 7: As I mentioned, we will not waive the presentence investigation. I 
know that this will delay Mr. Epstein's sentencing by 70 days, but that will allow him to get 
all of his affairs in order. As to bail, it will be set at the time of arraignment, and we can 
work out a joint recommendation regarding the amount and its limitations. I have no 
objection to making a joint recommendation that Mr. Epstein remain out on bond pending 
his sentencing, but I'm not sure that it belongs in a plea agreement, especially since I can't 
bind the court on that issue. However, I can assure you, and we can put it on the record 
during the plea collooquy, that I will join in your recommendation that he remain out on 
bond pending sentencing. The same goes for the prison camp issue. As I mentioned,A 
EFTA00194042

Page 5 of 17 
Gmail - (no subject) 
Ami 
Ami H. Sheth* I Kirkland & Ellis LLP Citigroup Center 
153 East 53rd Street I New York, NY 10022 I 
Direct I 212-446-6460 Fax I 
awe 
Ir and.com 
*Admission Pending in New York 
[attachment "20070923 Draft of Epstein Non-Prosecution 
Agreement (without Term 1) (Redlined).doc" deleted by 
Jay Lefkowitz/New York/Kirkland-Ellis] 
****** 
******* 
***************** 
*********** 
****************** 
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. 
Begin-forwarded-message:---
From: Jay Lefkowitz <[email protected]> 
Date: September 16, 2007 5:50:14 PM EDT 
To: "Made \Marano, Ann" 
Subject: Re: 
Marie - left message for Nat re Leslie. Roy will call you in am tomorrow re rescheduling 
the hearing and dealing the Riley and the other GJ subpoenas. You have my commitment 
regarding the extension issue. 
Thx 
---- Original Message ----
From: "Ann Marie Villafana" 
Sent: 09/16/2007 03:54 PM AST 
To: Jay Lefkowitz 
Subject: Re: 
EFTA00194043

By signing this agreement, Epstein asserts and certifies that the above has been read and 
explained to him. Epstein hereby states that he understands the conditions of this Non-
Prosecution Agreement and agrees to comply with them. 
Dated: 
JEFFREY EPSTEIN 
Dated: 
GERALD LEFCOURT, ESQ. 
COUNSEL TO JEFFREY EPSTEIN 
Dated: 
R. ALEXANDER ACOSTA 
UNITED STATES ATTORNEY 
Page 6 of 6 
EFTA00194044

the Grand Jury, filing an information, or in bringing a defendant to trial. Epstein hereby requests
that the United States Attorney for the Southern District of Florida defer such prosecution. 
Epstein agrees and consents that any delay from the date of this Agreement to the date of 
initiation of prosecution, as provided for in the terms expressed herein, shall be deemed to 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 48(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 agreement and the breach of this 
agreement for the offenses listed on Daces 1 and 2infra.. Epstein further asserts and certifies that 
 ..,-
he understands that the Fifth Amendment and Rule 7(a) of the Federal Rules of Criminal
Procedure provide that all felonies must be charged in an indictment presented to a grand jury. .  
Epstein hereby agrees and consents that, if a prosecution against him is instituted for the offenses . , --)s," 
listed on nages.1 and 2 infra, it may be by way of an Information signed and filed by the United Ow'
States Attomcy,'and hereby waives his right to be indicted by a grand jury. 
Page5 of 6 
EFTA00194045

liability-otheuthen-that-eentained-in-1-8-
225-5, !Marie, we would 
like to address the restitution issue with you over the nhonej 
7. 
Epstein shall enter his guilty plea and be sentenced not later than October 
-1-9,2/ 2007, and shall self-report to begin serving his sentence not later 
• 
than December IQ, 2007. 
8. 
With-erectit-for-gain-timerEpstoin-shall-petve-at-least-450-days-in-the
eoonty-jait.Eostcin will not be afforded any benefits with respect to gain 
time, other than the rights, opportunities and benefits as any other inmate, 
- •• - 
including but not limited to. eligibility for gain time credit based on
r. 
standard rules and regulations that apply in the state of Florida. 
Epstein understands that the United States Attorney has no authority to require the State 
Attorney's Office to abide by any terms of this agreement. Epstein understands that it is his i
obligation to undertake discussion with the State Attorney's Office to ensure compliance with 
these procedures, which compliance will be nen-scary to satisfy the United States' interest, 
pursuant to the Petite policy. 
the manner described abovcto—vietime, if Epstein successfully fulfills all of the terms and 
In consideration of Epstein's agreement to plead guilty and to provide compensation in 
conditions of this agreement, the United States also agrees that it will not institute any criminal 
I charges against any potential co-conspirators of Epstein, including_but not limited to Sarah 
Kellen, Adrian Ross, Lesley Groff, or Nadia Marcinkeva. Further, upon execution of this 
agreement and a plea agreement with the State Attorney's Office, the federal Grand Jury 
investigation will be suspended, and-all pending federal Grand Jury subpoenas will be held in 
abeyance, and no new subpoenas will be issued unless and until the defendant violates any term , 
of this agreement  Upon completion of the Agreement, the subpoenas reference above will be 
-- ------ 
withdrawn with-prejudice- and not-reissued,--The defendant• likewise-agrees to-withdraw his ,,,,,,, .,,- • - -,_ 
pending motion to intervene and to quash certain grand jury subpoenas. Both parties agree to ,''
maintain their evidence, including certain computer equipment, inviolate until all of the terms of 
this agreement have been satisfied.
By signing this agreement, Epstein asserts and certifies that each of these terms is 
material to this agreement and is supported by independent consideration and that a breachof 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 further 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 charge to 
- Page 4 of 6 
EFTA00194046

3. 
Epstein' shall waive all challenges to the Information filed by the State 
Attorney's Office and shall waive the right to appeal his conviction and 
sentence. 
4. 
Epstein shall provide to the U.S. Attorney's Office copies of all proposed 
agreements with the State Attorney's Office prior to entering into those 
agreements. 
5. 
After Epstein has signed this agreement and has been sentencedjthe 
United States shall provide Epstein's attorneys with a list of individuals 
created on IINSEBT DATEI  whom it has identified es-and who have a 
cause of action under Florida Statutes Section 796.09vietifttares-defined-M
after-rmstein-has-signed-this-agreentent-ead-been 
sentenced. 
Upon the execution of this agreement, the United—States 
District Attorney of Palm Beach will file a motion with the United-States 
Dietriet-Court-fer-the-Southem-Distriet-of Florida State Court in Palm 
Beach County for the appointment of a guardian ad them for these 
persons. Epstein's counsel may contact the identified individuals through 
that guardian. 
iti 
• 
Formatted 
te 
;[:4 ,z,„ 
6. 
If any, of the individuals referred to in paragraph (5), supra, elect to file P: 
suit pursuant to Florida Statutes Section 796.09. in any such suit by any 
such individual(s)18 U.S.C. § 2255, Epstein will not contest the 
jurisdiction of the United-States-Dietriet-Goort-feFthe-Seuthern-Dickiet-ef 
Florida State Court over his person and/or the subject matter, and Epstein r•i:4'.1. 
will wee (without admitting liability. 'whether under such statute or lc, 
otherwise) to settle such suit by paying each such individual's reasonable ; 
attorneys- fees and court— costs.—Plus - aggregate -damages;- 
compensatory and punitive damages, to each such individual in an amount t 
of $50,000.00 excluding reasonable attorneys fees and court costs. waives 
his-right to contest liability and also woivee his right to contest damages up 
provided herein nor any settlement by Epstein of any such suit shall 
te-en-emount-as-agreed-te-between-the-idemified-vietim-and-Enstein:
Neither Epstein's signature on this agreement, nor any such waiver
require, or is to be construed as, an admission, or as any evidence t 
whatsoever, of civil or criminal liability, whether under federal law or state • 
law, as to a y person including, butixit limited to. any individual whose 
name appears on the lisUrrovided by the United States  Bpsteints-signatere
en-this agreement-s not to be aonsUued as an admission ofeivil.ec 
criminel-liebility-es-to-any-persen-whose-mune-does-not-eppeaeen-thelist 
provided by the United Stetes;—As-te4hese-individuels-whese-nanted 
appear-on-the-listirrevided-by-the-United-Stetes,-Bpstein's-signaterle-en 
this-egreernem4ikewise-is-not-to-be-construed-es-en-edmissiori-of any oMi 
Page 3 of 6 
• J. 
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EFTA00194047

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(5) 
knowingly, in and affecting interstate and foreign commerce, recruiting, enticing, 
and obtaining by any means a person, knowing that the person had not attained the 
age of 18 years and would be caused to engage in a commercial sex act as defined 
in 18 U.S.C. § 1591(c)(I); in violation of Title 18, United States Code, Sections 
1591(a)(1) and 2; and 
--1T—APPBARING-that-Erstein-has-aeeepted-respertsibility-fer-his-behe%tier-by-hiseignatare 
an-thisAgreementfand 
t.5.! 
IT APPEARING, after an investigation of the offenses and Epstein's background, that the es. 
interest of the United States pursuant to the Petite policy will be served by the following V:414: 
procedure; 
r.
.90,4
THEREFORE, on the authority of R. Alexander Acosta, United States Attorney for the
Southern District of Florida, prosecution in this District for these offenses shall be deferred in l• 
favor of prosecution by the State of Florida, provided that Epstein abides by the following 
conditions and the requirements of this Agreement set forth below. 
If the United States Attorney should determine based on reliable evidence that Epstein 
has violated any of the conditions of this Agreement, then the United States Attorney may at any 
time-initiate prosecution against Epstein for any offense listed above for the duration of this
Agreement. In this case, the United States Attorney will finish Epstein with notice specifying 
the condition(s) of the Agreement that he has violated. 
After timely fulfilling all the terms and conditions of the 
 
ent, no prosecution for 
the offenses set out on pages 1 and 2 of this Agreement, nor any other offenses that have been the 
subject of the joint investigation by the Federal Bureau of Investigation and the United States 
Attorney's Office nor any offenses that were being investigated by the federal Grand Jury will be 
instituted in this District, and the charges againstEpstein if antwilt be dismissed. 
2. 
Epstein and the State Attorney's Office shall make a joint, binding 
recommendation that the Court impose a thirty (30) month sentence to be 
divided as follows: 
(a) 
Epstein shall begin by serving at-least-eighteen (18) months in 
county jail for all charges, without any opportunity for withholding 
adjudication or sentencing, and without probation or community 
control in lieu of imprisonment; and 
(b) 
following the term of imprisonment, Epstein shall serve twelve 
(12) months of community control. 
Page 2 of 6 
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EFTA00194048

IN RE: 
INVESTIGATION OF 
JEFFREY EPSTEIN 
NON-PROSECUTION AGREEMENT 
frt4tt;r 4
1- n‘A-5.174ret.ltriti
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...___.__.........;c,'_'•• field Coda Changed 
TT APPEARING that the City of Palm Beach Police Department and the State Attorney's 
Office for the 15th Judicial Circuit in and for Palm Beach County (hereinafter, the "State 
Attorney's Office') have conducted an investigation into the conduct of Jeffrey Epstein 
(hereinafter "Epstein"); 
IT APPEARING that the State Attorney's Office has charged Epstein with three-one
counts of solicitation of prostitution, in violation of Florida Statutes Section 796.07; 
IT APPEARING that the United States Attorney's Office and the Federal Bureau of 
Investigation have conducted their own investigation of the-certain offenses and Epstein's 
background, including;
--1-T-APPEARING-thet-Jeffre).-13pstein4hereinefte
spstein4-hae-eommitted-offeases 
against-the-Usited-8tates-fiem-iwor-ttreuttd-2004-throtigh-itt-er-around-Oetobee-200-5Tineluding: 
(1) 
knowingly and willfully conspiring with others known and unknown to commit an 
offense against the United States, that is, to use a facility or means of interstate or 
foreign commerce to knowingly persuade, induce, or entice minor females to 
engage in prostitution, in violation of Title 18, United States Code, Section 
2A22(b);. all in•violation of Title-187United-States Code,-Section371;-
(2) 
knowingly and willfully conspiring with others known and unknown to travel in
interstate commerce for the purpose of engaging in illicit sexual conduct, as 
defined in 18 U,S.C. § 2423(0, with minor females, in violation of Title 18,
United States Code, Section 2423(b); all in violation of Title 18, United States
Code, Section 2423(e); 
(3) 
using a facility or means of interstate or foreign commerce to knowingly persuade, 
induce, or entice minor females to engage in prostitution; in violation of Title 18, 
United States Code, Sections 2422(b) and 2; 
(4) 
traveling in interstate commerce for the purpose of engaging in illicit 'sexual ,. 
conduct, as defined in 18 U.S.C. § 2423(0, with minor females; in violation of 
Title 18, United States Code, Section 2423(b); and
Page 1 of 6 
11; 
EFTA00194049

Gmail - Fwd: Draft Agreement 
• Page 2 of 2 
constitute inside information, and is intended on?.5, 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. 
*********************************t************************* 
j
20070923 Draft of Epstein Non-Prosecution Agreement (without Term 1) (Redlinac).doc 
44K 
EFTA00194050

Grnail - Pvvd: Draft Agreement 
Page 1 of 2 
cMail 
by KinSir 
Ann Marie Villafana 
Fwd: Draft Agreement 
1 message 
Ann Marie Villafana 
Thu, Dec 27, 2007 at 10:09 
PM 
To: "Ann Marie C. (USAFLS) Villafana" <[email protected]> 
Begin forwarded message: 
From: Ami Sheth <[email protected]> 
Date: September 23, 2007 1:56:03 PM EDT 
To: "", "Villafana, Ann Mario C. 1" jAnn.Marie.C.Villafana"@kirkland.com, "Qusdoj.goy] (USAFLS), 
Cc: Jay Lefkowitz*<[email protected]> . 
Subject Draft Agreement 
Marie - 
Jay is having some computer trouble and asked me to send this e-mail to you. 
Attached is a draftfordiscussion purposS-at your convenience-forsome time-this-  - 
afternoon. It does not include Term 1 of the agreement, but it reflects all the issues 
we would like to discuss with you. 
Please let Jay know when you are available to speak. Thank you. 
Sincerely, 
Ami 
Ami H. Sheth* I Kirkland & Ellis LLP Citigroup Center
53 East 
Street I New York, NY 10022 I 
Direct i 212-446-6460 Fax I 
asheth©kirkland.com 
*Admission Pending in New York 
*********************************************************** 
The information dontained in this communication is 
confidential, may be attorney-client privileged, may 
EFTA00194051

EFTA00194052

although he did not intend to strike her. 
Based upon Mr. Epstein's words, Ms. 
Marcinkova reasonably was in fear that Mr. Epstein was about to touch her offensively. 
EFTA00194053