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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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(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
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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
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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
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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. /// Page 5 of 6 EFTA00193990
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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. Page 4 of 6 EFTA00193992
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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. • Page 3 of 6 EFTA00193993