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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

EFTA00193954

651 pages
Pages 21–40 / 651
Page 21 / 651
Gmail - Re: 
Page 1 of 3 
Re: 
1 message 
Ann Marie VillafanSIMMINIMMIE 
Jay Lefkowitz< [email protected]> 
To: "Marie Villafana, An 
Sun, Sep 16, 2007 at 5:50 PM 
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 
To: Jay Lefkowitz 
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 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 
EFTA00193974
Page 22 / 651
Gmail - Re: Draft Agreement 
Page 2 of 2 
Agreement (without Term 1) (Redlined).doc" deleted by 
Jay Lefkowitz/New York/Kirkland-Ellis] 
**********************************Itt***********************
.
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 
corrimunication 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. 
it*************** 
******* 
**********Itint*********************** 
EFTA00193975
Page 23 / 651
Gmail - Re: Draft Agreement 
Page 1 of 2 
Gnali 
b,G003k 
Ann Marie VillafanaellIMIMI 
Re: Draft Agreement 
1 message 
Jay Lefkowitz< [email protected]> 
Sun, Sep 23, 2007 at 1:57 PM 
To: Ami Sheth <[email protected]>, "Villafana, Ann Marie C. USAFLS " 
<[email protected]>, "Marie Villafana, Ann 
Marie - if 2 pm doesn't work, can we arrange to go 
through the entire document at 5 pm?.
Thanks. Jay 
 
Original Message 
From: Ami Sheth 
Sent: 09/23/2007 01:56 PM EDT 
To: "Villafana, Ann Marie C. \(USAFLS\)" 
Ann.Marie.C.Villafana usdd QV]; 
Cc: Jay Lefkovvitz 
Subject: Draft Agreement 
Marie - 
Jay is having some computer trouble and asked me to 
send this e-mail to you. Attached is a draft for 
discuslion purposes aryour convenience for s`ome 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
153 East 53rd Street I New York NY 10022 I 
Direct I 
Fax 
as eth@lur and.corn 
*Admission Pending in New York 
[attachment "20070923 Draft of Epstein Non-Prosecution 
EFTA00193976
Page 24 / 651
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 
Agreement and agrees to comply with them. 
Dated: 
Dated: 
Dated: 
JEFFREY EPSTEIN . 
GERALD LEFCOURT, ESQ. 
COUNSEL TO JEFFREY EPSTEIN 
• 
R. ALEXANDER ACOSTA 
UNITED STATES ATTORNEY 
EFTA00193977
Page 25 / 651
Epstein's fulfilling the terms and conditions of the Agreement resolves any and all 
outstanding federal grand jury subpoenas that have requested witness testimony and/or 
the production of documents and/or computers in relation to the investigation that is the 
subject of the Agreement. Each subpoena will be withdrawn upon the execution of the 
Agreement and will not be re-issued absent reliable evidence of a violation of the 
Agreement. Epstein and his counsel agree that the computers that are currently under 
subpoena will be safeguarded in their current condition by Epstein's counsel or their 
agents until the terms and conditions of the Agreement are fulfilled. Provided that 
Epstein does not breach this agreement, the Government agrees that it will not seek to 
initiate federal investigation or prosecution for conduct subject to this agreement. 
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 obligation to tuidertake discussion with the State Attorney's Office to ensure 
compliance with these procedures, which compliance will be neePssary to satisfy the.
United States' interest, pursuant to the Petite policy. 
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 
breach of any one of these conditions allows the United States to elect to terminate the 
agreement and to investigate and prosecute Epstein for any and all federal offenses listed 
above at pg 1. 
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® 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 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. 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, it may be by way of an 
Information signed and filed by the United States Attorney, and hereby waives his right 
to be indicted by a grand jury. 
EFTA00193978
Page 26 / 651
acknowledging his right to appeal under 18 U.S.C. § 3742, hereby waives the 
rights contested by § 3742 to appeal any sentence imposed, including any 
restitution 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. 
7. Epstein shall enter his guilty plea to the federal Information no later than 
November 5, 2007. Epstein and the Government agree to submit an agreed 
statement of facts in lieu of the Pre-Sentence Investigation Report, which chart 
be waived, and Epstein and the Government agree 'that sentence shall be 
imposed on the date of plea, that Epstein be released on bail, that travel shall 
not be restricted during the period of bail and that Epstein be permitted to self-
• report to the facility designated by the United States . Bureau of Prisons to 
commence his sentence 75 days 'after sentencing. Epstein and the Government 
further agree that the Government shall not object to Epstein's request that the' 
• 
Court recommend to the Bureau of Prisons that Epstein be designgited to serve 
his sentence at a federal prison camp; and . 
• 
'8. Epstein agrees to fund a Trust set up in concert with the Government and under 
the supervision of the 15th Judicial Circuit in and for Palm Beach County.
Epstein agrees that a Trustee will be appOinted by the Circuit Court and that• 
funds from the Trust will be available to be disbursed at the Trustee's discretion 
to an agreed list of persons who seek reimbursement and make a good faith 
showing to the Trustee that they suffered injury as a result of the conduct of 
Epstein. Epstein waives his right to contest liability or damages up to an 
amount agreed to by the parties for any settlements entered into by the Trustee. 
• 
Epstein's waiver is not to be construed as an admission •of civil or criminal
liability in regards to any of those who seek compensation from the Trust. 
After timely fulfilling the terms and conditions of this Agreement, the United 
States agrees that no prosecution will be instituted or initiated against Epstein for any and 
all criminal charges which might otherwise in the future be brought against Epstein that 
arise out of the ongoing FBI. federal investigation for offenses that include but are not 
limited to those listed above that could be brought under 18 U.S.C. §2423(b),(e) and (f), 
18 U.S.C. §2422(b), 18 U.S.C. §1591 or conspiracies or attempts to violate such statutes 
or for any other offense that is or has been the subject of the federal investigation being 
conducted by the Federal Bureau of Investigations and/or the United States Attorney's 
Office. 
Epstein's fulfilling the terms and conditions of the Agreement also precludes the 
initiation of any and all criminal charges which might otherwise in the future be brought 
against Sarah Kellen, Adriana Ross, Lesley Groff, and Nadia Marcinkova or any 
employee of N.E.S. for any criminal charge that arises out of the ongoing federal 
investigation as described above; Further, no immigration "proceeding will be instituted 
against Ross or Marcinkova as a result of the ongoing investigation 
EFTA00193979
Page 27 / 651
Terms of the Agreement: 
1. Epstein shall plead guilty to the irc'minal charge in the Indictment as currently 
pending against him in the 15th Judicial Circuit in and for Palm Beach County 
and in addition shall plead guilty to a 1 count Information filed by the State 
Attorney's Office charging a violation of the following Florida Statute: 
Procuring person under age of 18 for prostitution in violation of F.S.A. 
§ 796.03. 
2. Epstein and the State Attorney's Office shall make a joint, binding 
recommendation that the Court impose a sentence as follows: 
(a) 
Epstein shall enter a plea agreement with the State Attorney's Office 
forthwith and thereafter enter his plea of guilty to the Indictment 
(Case # 2006c1009495A3OCX/v1B) on a date after the date of 
imposition of his federal sentence as described in paragraph 5 and 6, 
infra but before the beginning of his term of federal imprisonment 
Epstein shall thereafter be required to enter his plea of guilty to the 
Information within 7 days after the completion of his federal term of 
imprisonment. 
(b) 
Following the term of federal imprisonmenttpatein shall be placed 
on three (3) years probation. 
(c) 
As a special condition to that probation, Epstein will serve the first 
(1) year in community control. 
(d) 
Following community control, Epstein shall serve the remaining two 
(2) years of Probation on the charge that presently pending bathe 
state Indictment 
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 unless the Court imposes a sentence that exceeds the terms of the joint 
recommendation in which case Epstein reserves the right to withdraw his plea 
and to exercise at his sole election any other right to appeal 
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. Epstein shall plead guilty to an Information Charging one (1) count charging a 
violation of 18 USC 1512(d) and one (1) count charging simple assault within 
the maritime and territorial jurisdiction of the United States in violation of 18 
USC §113(aX5) and 18 USC §7(5). 
6. Epstein and the Government shall make a joint recommendation that the Court 
impose the maximum sentence of • eighteen (18) months. 
Epstein, 
EFTA00193980
Page 28 / 651
In Re: 
Investigation of 
Jeffrey Epstein 
AGREEMENT 
' 
IT 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 (heieinafter "Epstein'); 
IT APPEARING that the State Attorney's Office has charged Epstein with three 
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 offenses and Epstein's 
background; 
IT APPEARING to the United States Attorney's Office and the Federal Bureau of 
Investigation that Epstein may have committed offenses against the United States fiom in • 
or around 2001 through in or around October 2005, including: 
(1) knowingly and willfully conspiring•with others known and unknown to commit 
offenses against the United States, in violation of Title 18, United States Code, Section 
2422(b) and 2423(6); all in violation of Title 18, United States Code, Section 371 and 18 
USC 2423(e); and 
(2) knowingly and willfully violating 18 USC 2422(b) and 2, 18 USC 2423(6), and 18 
USC 1591(a)(1),(2); 
TT APPEARING, after an investigation of the offenses and Epstein's background, 
that the interest of the United States pursuant to the Petite policy will be served by the 
following procedure; 
THEREFORE, on the authority of R. Alexander Acosta, United States Attorney 
for the Southern District of Florida, prosecution of these offenses shall lie deferred in 
favor of prosecution by the State of Florida and prosecution of violations of 18 USC 
1512(d) and 18 USC 371, 113(a)(5) by the United States, provided that Epstein abides by 
the following conditions and the requirements of this Agreement set forth below. 
Should Epstein be proven to have violated any of the conditions of this 
Agreement, the United States Attorney may at any time initiate prosecution against 
Epstein for any offense listed above. In this case, the United States Attorney will furnish 
Epstein with notice specifying the conditions of the Agreement that he has violated. 
EFTA00193981
Page 29 / 651
Gmail - 
Page 1 of 1 
Q 
NR 
Ann Marie Villafana 
Fw: 
1 message 
Jay Lefkowitz< JLefkowitz kirkland.com> 
Sun, Sep 16, 2007 at 12:07 PM 
To: "Marie Villafana, Ann" 
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 'affirmation contained in this commu nnnnnnnnn is corifidefitial; may be attorney-0liebt-
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. 
**Irk ******* 
********* 
***** ***************.******************* 
epstein.doc 
34K 
EFTA00193982
Page 30 / 651
By signing this agreement, Epstein asserts and certifies that the above has been 
read and explained to him. Epstein hereby states that he understand the conditions of 
this Non-Prosecution Agreement and agrees to comply with them. 
R. ALEXANDER ACOSTA 
• 
UNITED STATES ATTORNEY 
Dated: 
 
By: 
Dated: 
Dated: 
A. MARIE VILLAPARA 
ASSISTANT U.S. ATTORNEY 
JEFFREY EPSTEIN 
. 
• GERALD LEFCOURT, ESQ. 
COUNSEL TO JEFFREY EPSTEIN 
Dated: 
- 
JACK GOLDBERGER, ESQ. 
ATTORNEY FOR JEFFREY EPSTEIN 
Jist 6 cr3 6 
EFTA00193983
Page 31 / 651
agreement, all outstanding grand jury subpoenas shall be deemed withdrawn.. 
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 
breach of 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 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 speddy 
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 as to those offenses that were the subject of the grand jury's 
investigation. Epstein further asserts and certifies that he understands that the Fifth 
Amendment and Rule 7(a) of the Federal Rules of Criminal Procedure ptovide that all 
felomes must be charged m an mdfdmenrpreseriEd
t grand jury. Epstein herOV 
agrees and consents that, if a prosecution against him is instituted for any offense that was 
the subject of the grand jury's investigation, it may be by way of an Information signed 
and filed by the United States Attorney, and hereby waives his right to be indicted by a 
grand jury. 
• 
/// 
/// 
/// 
_firs 5 aa 6 
EFTA00193984
Page 32 / 651
identified victim and Epstein. Notwithstanding this waiver, as to 
those individuals whose names appear on the list provided by the 
United• States, Eyitein's signature on this 'agreement is not to be 
construed as an admission of any criminal or civil liability other than 
that contained in 18 U.S.C. § 2255. 
8. 
Epstein's signature on this agreement also is not to be construed as 
an admission of civil or *criminal liability or a waiver of any 
jurisdictional or other defense as to any pe'rscin whose name does not 
appear on the list provided by the United States. . 
9. 
Epstein shall enter his guilty plea and be sentenced not later. than 
October .19, 2007, and shall self-report to begin serving his sentence 
not later than December 10, 2007. 
10. 
Epstein agrees that he 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 standard rules and regulations that apply in the State 
of Florida. At the United States' request, Epstein agrees to provide 
an account of the gain time he earned during his period of 
incarceration. 
Epstein understands that the United States Attorney has no authority to require the 
State Attorneys Office to abide by any terms of this agreement Epstein understands that 
it is his obligation to  undertake discussion with the State Attorney's  Office to ensure 
compliance with these procedures, which compliance willrnecessary to satisfy the 
United States' interest, pursuant to the Petite policy. 
In consideration of Epstein's agreement to plead guilty and to provide 
compensation in the manner described above, if Epstein successfully fulfills all of the 
terms and conditions of this agreement, the United States also agrees that it will not 
institute any criminal charges again any potential co-conspirator of Epstein, including but 
not limited to Sarah Kellen, Adriana Ross, Lesley Grog or Nadia Marcinkova. 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 unless and until the defendant violates any term 
• of this agreement. 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. Upon the successful completion of the terms of this 
=dais 4 as 6 
EFTA00193985
Page 33 / 651
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 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. 
3. 
The terms contained in paragraph 2, supra, do not foreclose Epstein 
and the State Attorney's Office from agreeing to recommend any 
additional term(s)•of probation and/or incarceration. 
4. 
Epstein shall waive all challenges to the Infotmation• filed by the 
State Attorney's Office and shall waive the right to appeal his 
conviction and sentence. 
5. 
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:
C 
The—OrniErStates 
providflfirtefirs- attorneys with a list of 
individuals whom it has identified as victims, as defined in 18 U.S.C. 
§ 2255, after Epstein has signed this agreement and been sentenced. 
Upon the execution of this agreement, the United States will file a 
motion with the United States District Court for the Southern District 
of Florida for the appointment of a guardian ad litem for these 
persons. Epstein's counsel may contact the identified individuals 
through that guardian. 
7. 
If any of the individuals referred to in paragraph (6), supra, elects to 
file suit pursuant to 18 U.S.C. § 2255, Epstein will not contest the 
jurisdiction of the United States District Court for the Southern 
District of Florida over his person and/or the subject matter, and 
Epstein waives his right to contest liability and also waives his right 
to. contest damages up to an amount as agreed to between the 
fats 3 as 6 
EFTA00193986
Page 34 / 651
(4) 
traveling in interstate commerce for the purpose of engaging in illicit sexual 
conduct, as defined in 18 U.S.C. § 2423(f), with min& females; in violation 
of Title 18, United States Code, Section 2423(b); and 
(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)(1); in violation of 
Title 18, United States Code, Sections 1591(aX1) and 2; and 
IT APPEARING, after an investigation of the offenses and Epstein's background, 
that the interest of the United States pursuant to the Petite policy will be served by the. 
following procedure; 
' 
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 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 information he deems 
reliable, 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. In 
this case, the United States Attorney will furnish Epstein with timely notice specifying the 
condition(s) of the Agreement that he has violated, and shall initiate its prosecution within 
sixty (60) days' of giving notice of the violation. 
After timely fulfilling all the terms and conditions t of the Agreement, 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 
Inveitigation and the United. States Attorney's Office, nor any offenses that were the 
subject of the Federal Grand Jury investigation will be instituted in this District, and the 
charges against Epstein if any, will be dismissed. • 
Terms of the Agreement: 
Epstein shall plead guilty (not nolo contendere) to an Information 
filed by the State Attorney's Office charging Epstein with an offense 
that requires him to register as a sex offender, that is, the solicitation 
of minors to engage in. prostitution, in violation of Florida Statutes 
Section 796.03;
Jae . 2 es 6 
EFTA00193987
Page 35 / 651
IN RE: 
INVESTIGATION OF 
JEFFREY EPSTEIN 
NON-PROSECUTION AGREEMENT 
IT 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 Attorneys Office has charged Epstein by 
indictment with 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 into Epstein's background and 
any offenses committed by Epstein against the United States from in or around 2001 
• through in or around October 2005, including: 
(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 niterm-bi ifreign commerce foImowing,ly persuade, mdlleTd; or 
entice minor females to engage in prostitution, in violation. of. Title 18, 
United States Code, Section 2422(b); all in violation of Title. 18, United 
States Code, Section 371; • 
(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(f), 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; 
.dats 1 as 6 
EFTA00193988
Page 36 / 651
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. 
R. ALEXANDER ACOSTA 
UNITED STATES ATTORNEY 
Dated: 
 
By: 
Dated: 
Dated: 
A. MARIE VILLAFARA 
ASSISTANT U.S. ATTORNEY 
• 
JEFFREY EPSTEIN 
GERALD LBECOURT, ESQ. 
COUNSEL TO JEFFREY EPSTEIN 
• 
Dated: 
• JACK GOLDBERGER, ESQ. 
ATTORNEY FOR JEFFREYEPSTEIN 
Page 6 of 6 
EFTA00193989
Page 37 / 651
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 publib 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 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 ofFlorida 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 SixthAmendment to the Constitution of the 
United States to a speedy trial or to bar the prosecution by reason of the running ofthe statute 
of limitations for a period of months equal to the period between the signing of this 
agreement and the breach of this agreement as to those offenses that were the subject of the 
grand jury's investigation. 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 any offense that was the 
subject of the grand jury's investigation, it may be by way of an Information signed and filed 
by the United States Attorney, and hereby waives his right to be indicted by a grand jury. 
/// 
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. 
. 
EFTA00193991
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8. 
Epstein's signature on this agreement also is not to be construed as an 
admission of civil or criminal liability or a waiver of any jurisdictional 
or other defense as to any person whose name does not appear on the 
list provided by the United States. 
9. 
Epstein shall enter his guilty plea and be sentenced not later than 
October 19, 2007, and shall self-report to begin serving hissentence not 
later than December 10, 2007. 
10. 
Epstein agrees that he 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 standard rules and regulations that apply in the State of 
Florida. At the United States' request, Epstein agrees to provide an 
account of the gain time he earned during his period of incarceration. 
 
 
Epstein understands that the United States Attorne y has no authority to require the 
State Attorney's Office to abide by any terms of this agreement: Epstein understands that 
it is his obligation to undertake discussion with the State Attorney's Office to 'ensure 
compliance with these procedures, which compliance will be necessary to satisfy the United 
States' interest, pursuant to the Petite policy. 
In consideration of Epstein's agreeme;nt to plead guilty and to provide compensation 
in the manner described above, if Epstein successfully fulfills all of the terms and conditions 
of this agreement, the United States also agrees that it will not institute any criminal charges 
again any potential co-conspirator of Epstein, including but not limited to Sarah Kellen, 
Adrian Ross, Lesley Groff, or Nadia Marcinkova. 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 unless and until the defendant violates any term of this agreement. 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. 
Upon the successful completion of the terms of this agreethent, all outstanding grand jury 
subpoena shall be deemed withdrawn. 
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 breach 
of 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. 
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be divided as folloWs: 
(a) 
Epstein shall begin by serving eighteen (18) months in county 
jail for all charges, without any opportunity for withholding 
adjudication or sentencing, and without probationer community 
control in lieu of imprisonment; and 
(b) 
following the term of imprisonment, Epstein shall serve twelve 
(12) months of community control. . 
3. 
The terms contained inparagraph 2, supra, do not foreclose Epstein and 
the State Attorney's Office from agreeing to recommend any additional 
term(s) of probation and/or incarceration. 
4. 
Epstein shall waive all challenges to the Information filed by the State 
Attorney's Office and shall waive the right to appeal hih conviction and 
sentence. 
5.  .
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. 
6. 
The United States shall provide Epstein's attorneys with a list of 
individuals whom it has identified as victims, as defined in 18 U.S.C. 
§ 2255, after Epstein has signed this agreement and been sentenced. 
Upon the execution of this agreement, the United States will file a 
motion with the United States District Court for the Southern District 
of Florida for the appointment of a guardian ad litem for these persons. 
Epstein's counsel may contact the identified individuals through that 
guardian• 
• 
7. 
If any of the individuals referred to in paragraph (6), supra, elects to 
file suit pursuant to 18 U.S.C. § 2255, Epstein will not contest the 
jurisdiction of the United States District Court for the Southern District 
ofFlorida over his person and/or the subject matter, and Epstein waives 
his right to contest liability and also waives his right to contest damages 
up to an amount as agreed to between the identified victim and Epstein. 
Notwithstanding this waiver, as to. those individuals whose names 
appear on the list provided by the United States, Epstein's signature on 
this -agreement is not to be construed as an admission of any criminal 
or civil liability other than that contained in 18 U.S.C. § 2255. 
• 
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