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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

EFTA00190318

446 pages
Pages 441–446 / 446
Page 441 / 446
Mr. Epstein has not breached the Non-Prosecution Agreement 
(the "Agreement") by serving a portion of his 18-month 
sentence of imprisonment in the Palm Beach County Work 
Release Program. 
I. He is currently serving his sentence in the Palm 
Beach County Work Release Program, not in the 
State-Regulated Community Control Program. Thus he is not on community 
control. 
o The County Jail sentence he is presently serving is 
being served under the auspices of the Palm Beach 
County Sheriff's Office. 
o The Palm Beach County Sheriff's Office has a policy 
of allowing work release under certain criteria for 
those sentenced to the Palm Beach County Detention 
Center or Stockade. It has already been determined 
that Mr. Epstein qualifies under the Palm Beach County Sheriff's 
Office policy for work release. The Florida statute 
authorizing work release for someone imprisoned in 
county jail is at 951.24 (2Xa). 
o The statute provides that when punishment by 
imprisonment in the county jail is prescribed, the 
sentencing court, in its discretion, may at any time 
during the sentence consider granting the privilege to 
the prisoner to leave the confines of the jail or 
county facility during necessary and reasonable hours, 
subject to the rules and regulations prescribed by the 
court, to work at paid employment or to conduct his or 
her own business or profession. See Fla. Stat. 
95I.24(2Xa). 
o In Palm Beach County, the Sheriff's Office has 
discretion over work release. The local rules state 
that placement into House Arrest and Work Release "is 
at the discretion of the Sheriff and the presiding 
Judge" and offer no defined scope of the type of 
offenders that are eligible—or that are barred—from 
serving their time in Work Release." See Palm Beach 
County Department of Corrections Inmate Rule G-16. 
2. The Non Prosecution Agreement does not prohibit 
work release. 
o The Agreement does not regulate what programs Mr. Epstein can 
participate in while he is serving the County Jail 
sentence. 
3. The Agreement expressly provides that he is to be 
afforded the same benefits that any other inmate might 
receive. Seel 12 of the Agreement. 
5. Under Florida Law, work release is considered part 
of the confinement. See Rule 33-601.602, Fla. Admin. 
Code. (work release "allows inmates to work at paid 
employment in the community while continuing as inmates 
of the facility where they are confined.").So he is an inmate. 
599 
EFTA00190758
Page 442 / 446
6. Alex Acosta recognized that Mr. Epstein 
might serve a portion of his sentence through the Work 
Release Program. 
o. On December 6, 2007, after the Agreement had been 
executed, counsel received a draft notification 
letter in which US Attorney Acosta expresses this 
intention. The draft document provides that the 
recipient is "entitled to notification when Mr. Epstein 
is released from imprisonment at the end of his prison 
term and/or if he is allowed to participate in a work 
release program." See December 6, 2007 letter to 1. 
Leficowitz from A. Acosta attaching draft notification 
letter, p. 8. 
7. 1 am told that on July 3, 2008, you wrote an email 
to the Deputy Sherriff stating that the US Attorney's 
Office had no objection to work release as long as 
Epstein is treated as any similarly situated inmate. If anything 
he is being treated more harshly than any other inmate in 
the program. He can't leave the office. He has a guard 
and is wearing a GPS device. So his terms are not more lenientbut rather 
more restrictive than any other 
inmate in the program. 
Clearly we do not feel this is a violation of the agreement and we have 
no intent to violate it. We will meet with you and anyone in the 
executive office to resolve this matter. Certainly it would be best for 
us to meet and discuss. 
>>> "Villafana, Ann Marie C. (USAFLS)" <[email protected]> 
11/24/08 12:28 PM >>> 
Dear Roy: 
Please review 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 
600 
EFTA00190759
Page 443 / 446
Villafana, Ann Marie C. (USAFLS) 
From: 
Kuyrkendall, E N. (FBI) <[email protected]> 
Sent: 
Thursday, December 04, 2008 5:03 PM 
To: 
Villafana, Ann Marie C. (USAFLS) 
Subject: 
Re: Overseas Victim Notifications 
I rcvd email from Bogota a few weeks ago that they had rcvd letter and would be delivering it. Her address is correct I will 
place a call to Austraila first thing in the AM. I'll update u then. B of America really giving employee grief for calling FBI but 
she is still working on SAR. This may have more to do with Atty Alan D and Br Stns than E. We should have it tomorrow. 
From: Villafana, Ann Marie C. (USAFLS) 
To: Kuyrkendall, E N. 
Sent: Thu Dec 04 16:51:40 2008 
Subject: Overseas Victim Notifications 
I-li Nesbitt — Can you tell me whether the victim notifications to Shasdy and 
ever made it to 
them? And did we get good addresses for them? I need to send the notifications of Epstein's release. 
Thanks. 
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 
630 
EFTA00190760
Page 444 / 446
Villafana, Ann Marie C. (USAFLS) 
From: 
Kuyrkendall, E N. (FBI) <[email protected]> 
Sent: 
Thursday, December 04, 2008 5:05 PM 
To: 
Villafana, Ann Marie C. (USAFLS) 
Subject: 
Re: Overseas Victim Notifications 
Sure! 
From: Villafana, Ann Marie C. (USAFLS) 
To: Kuyrkendall, E N. 
Sent: Thu Dec 04 17:05:25 2008 
Subject: RE: Overseas Victim Notifications 
Thanks. When you hear back from them, can you send me Shasdy's address and the info on M? 
A. Marie Villafinla 
Assistant U.S. Attorney 
500 S. Australian Ave, Suite 400 
West Palm Beach, FL 33401 
Phone 561 209-1047 
Fax 561 820-8777 
From: Kuyrkendall, E N. (FBI) 
Sent: Thursday, December 04, 2008 5:03 PM 
To: Villafana, Ann Marie C. (USAFLS) 
Subject: Re: Overseas Victim Notifications 
I rcvd email from Bogota a few weeks ago that they had rcvd letter and would be delivering it. Her address is correct. I will 
place a call to Austraila first thing in the AM. 
update u then. B of America really giving employee grief for calling FBI but 
she is still working on SAR. This may have more to do with Atty Alan D and Br Stns than E. We should have it tomorrow. 
From: Villafana, Ann Marie C. (USAFLS) 
To: Kuyrkendall, E N. 
Sent: Thu Dec 04 16:51:40 2008 
Subject: Overseas Victim Notifications 
Hi Nesbitt — Can you tell me whether the victim notifications to Shasdy and 
ever made it to 
them? And did we get good addresses for them? I need to send the notifications of Epstein's release. 
Thanks. 
A. Marie Villafaila 
Assistant U.S. Attorney 
500 S. Australian Ave, Suite 400 
West Palm Beach, FL 33401 
631 
EFTA00190761
Page 445 / 446
Phone 561 209-1047 
Fax 561 820-8777 
632 
EFTA00190762
Page 446 / 446
Villafana, Ann Marie C. (USAFLS) 
From: 
Villafana, Ann Marie C. (USAFLS) <[email protected]> 
Sent: 
Thursday, December 04, 2008 5:05 PM 
To: 
Kuyrkendall, E N. (MM) (FBI) 
Subject: 
RE: Overseas Victim Notifications 
Thanks. When you hear back from them, can you send me Shasdy's address and the info on M? 
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: Kuyrkendall, E N. (FBI) 
Sent: Thursday, December 04, 2008 5:03 PM 
To: Villafana, Ann Marie C. (USAFLS) 
Subject: Re: Overseas Victim Notifications 
I rcvd email from Bogota a few weeks ago that they had rcvd letter and would be delivering it. Her address is correct. I will 
place a call to Austraila first thing in the AM. I'll update u then. B of America really giving employee grief (or calling FBI but 
she is still working on SAR. This may have more to do with Atty Alan D and Br Sins than E. We should have it tomorrow. 
From: Villafana, Ann Marie C. (USAFLS) 
To: Kuyrkendall, E N. 
Sent: Thu Dec 04 16:51:40 2008 
Subject: Overseas Victim Notifications 
14i Nesbitt — Can you tell me whether the victim notifications to Shasdy and 
ever made it to 
them? And did we get good addresses for them? I need to send the notifications of Epstein's release. 
Thanks. 
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 
633 
EFTA00190763
Pages 441–446 / 446