EFTA00193954

EFTA00194074

Subject: Re: Notice of Non-Compliance 
Dear Jack: 
I have conferred with a state court practitioner who stated that there is nothing 
that prohibits you from agreeing to a consecutive six-month sentence of 
incarceration followed by one year of community control as specified in the non-
prosecution agreement. 
If you elect to proceed with the plea agreement as currently drafted, we ask that 
you insert the word "imprisoned" following the words "six months" in the second 
sentencing paragraph. 
Please confirm that this change is acceptable. Thank you. 
Marie 
 
 Original Message  
From: Jack Goldberger <[email protected]> 
To: Villafana, Ann Marie C. (USAFLS) 
Cc: Jack Goldberger <[email protected]> 
Sent: Sat Jun 28 08:49:55 2008 
Subject: RE: Notice of Non-Compliance 
Dear Ms Villafana, 
please allow this e-mail to confirm our telephone conference of 6:30 pm on June 
27 wherein we discussed the Epstein plea agreement and we agreed that the Epstein 
state plea agreement was in compliance with the September 2007 non-prosecution 
agreement entered into between Mr. Epstein and the USA0 for the Souhern District 
of Florida. 
Jack Goldberger 
From: Villafana, Ann Marie C. (USAFLS) [mailto:[email protected]] 
Sent: Fri 6/27/2008 5:45 PM 
To: Jack Goldberger; Roy BLACK 
Cc: Atkinson, Karen (USAFLS) 
Subject: Notice of Non-Compliance 
Dear Messrs. Goldberger and Black: 
Please see the attached Notification Letter. 
«080627 Goldberger Black notification ltr.pdf» 
A. Marie Villafaha 
759 
EFTA00194075

EFTA00194076

Villafana, Ann Marie C. (USAFLS) 
From: 
Villafana, Ann Marie C. (USAFLS) 
Sent: 
Sunday, June 29, 2008 12:15 PM 
To: 
Kuyrkendall, E N. (FBI) 
Subject: 
RE: Notice of Non-Compliance CONFIDENTIAL 
Hi Nesbitt -- I sent you an e-mail earlier today letting you know that Goldberger 
agreed to my change, so it looks like Monday is going to happen. I have spoken 
with the Chief and he also spoke to the Sheriff about serving the time out at the 
jail. The Chief also is going to call some victims to inform them that he 
received a call from the State Attorney's Office about a plea hearing on Monday. 
I am very surprised that there has been no press coverage. 
Yes, can we meet on Monday morning. I want to have the victim list ready to go 
before we head to the hearing in case we can get him to sign it right then and 
there. 
A. Marie Villafana 
Assistant U.S. Attorney 
561 209-1047 
Fax 561 820-8777 
 
Original Message 
From: Kuyrkendall, E N. (FBI) 
Sent: Sunday, June 29, 2008 11:54 AM 
To: Villafana, Ann Marie C. (USAFLS) 
Subject: RE: Notice of Non-Compliance 
Marie, 
Just wanted to let you know Jason and I are working on the remaining 5 girls and 
getting everything ready for GJ. Did you ever hear back from Jack Goldberger? I 
spoke with Joe yesterday and he agreed with Dave, that the PBC Detention Center 
is the jail. He also mentioned any sentenced under a year is served at the jail. 
If over that, Epstein will be serving at the Dept of Correction which is the 
Stockade. Joe also mentioned that the Sheriff determines how the sentence is 
carried out. We have already met with the Colonel at the jail some months ago. 
If all goes well tomorrow, we should ALL meet with the Colonel again just to 
reiterate our position. We have not heard from AMOC but will let you know when 
we do. Give us a shout later today and let us know if you would like to meet us 
tomorrow morning prior to going to the courthouse. 
Nesbitt 
From: Villafana, Ann Marie C. (USAFLS) [[email protected]] 
Sent: Saturday, June 28, 2008 11:20 AM 
To: [email protected] 
Cc: Atkinson, Karen (USAFLS); [email protected] 
758 
EFTA00194077

EFTA00194078

Villafana, Ann Marie C. (USAFLS) 
From: 
Senior, Robert (USAFLS) <[email protected]> 
Sent: 
Monday, December 15, 2008 10:55 AM 
To: 
Villafana, Ann Marie C. (USAFLS); Sloman, Jeff (USAFLS); Atkinson, Karen (USAFLS) 
Cc: 
Kuyrkendall, E N. (MM) (FBI); Richards, Jason R. (MM) (FBI) 
Subject: 
RE: Epstein 
Thanks Marie. 
From: Villafana, Ann Marie C. (USAFLS) 
Sent: Monday, December 15, 2008 10:46 AM 
To: Sloman, Jeff (USAFLS); Senior, Robert (USAFLS); Atkinson, Karen (USAFLS) 
Cc: Kuyrkendall, E N. (FBI); Richards, Jason R. (FBI) 
Subject Epstein 
I saw the PB Police Chief this morning and he told me about these articles in Saturday's Palm Beach Daily 
News. One is an article and the other is an editorial. 
One of them makes clear that our office was not informed of the release until well after the fact. 
I told the Chief that we had written a letter to the Sheriff's Office and he said he would use a public records 
request to get a copy. 
<< File: 081213 PB Daily News Editorial.pdf >> << File: 081213 PB Daily News Artiele.pdf >> 
A. Marie Villafalia 
Assistant U.S. Attorney 
500 S. Australian Ave, Suite 400 
West Palm Beach, FL 33401 
Phone 561 209-1047 
Fax 561 820-8777 
33 
EFTA00194079

EFTA00194080

CAPTAIN DAVID SLEETH 
DECEMBER 11, 2008 
PAGE 5 
application for work release. I understand that Judge McSorley's standing order states that 
she "takes no position with respect to the eligibility of any inmate sentenced in this Division 
unless specifically stated at time of sentencing." Because of her absence, Judge McSorley 
did not conduct the sentencing and, therefore, did not have the opportunity to weigh any 
objections to work release at that hearing. It is unclear whether Judge Pucillo was aware of 
Judge McSorley's standing order when she imposed sentence. In utilizing your discretion, 
you may or may
 choose to consult with the appropriate judge on this matter. 
Request for Notification 
As I had previously asked of Colonel Gauger, I would appreciate if you would keep 
me informed of any changes to Mr. Epstein's release status so that I may fulfill my 
obligations to keep the victims identified through the federal investigation informed of Mr. 
Epstein's status. I have informed all of the known victims of Mr. Epstein of the change in 
his incarceration status and that you are the contact person if they have any questions. Some 
may ask that their locations be amongst the "Exclusionary Zones" programmed into Mr. 
Epstein's GPS unit. If you need their addresses, please let me know. 
Please feel free to contact me with any questions or concerns. 
Sincerely, 
R. Alexander Acosta 
United States Attorney 
By: 
A. Marie Villafafia 
Assistant United States Attorney 
cc: 
Colonel Michael Gauger 
Karen Atkinson, Chief, Northern Division I 
EFTA00194081

. 
EFTA00194082

CAPTAIN DAVID SLEEIll 
DECEMBER 11, 2008 
PAOE 4 
Custody Unit immediately if the Participant: (1) Fails to appear for work at the scheduled 
time; and (2) Leaves the place of employment prior to the scheduled time." Both in this form 
and in Mr. Indyke's letter in support of Mr. Epstein's application, Mr. Indyke neglects to 
inform the Sheriff's Office of two significant facts. First, Mr. Indyke lives and works in the 
New York metropolitan area. He likely will not be present at Mr. Epstein's workplace, so 
he may not know if Mr. Epstein "fails to appear for work" or "leaves the place of 
employment." In that event, Mr. Indyke also will not be able to supervise Mr. Epstein's 
actual work to determine whether he is truly doing the work of The Florida Science 
Foundation s Second, Mr. Indyke does not "employ" Mr. Epstein. Instead, Mr. Epstein 
"employs" Mr. Indyke. Mr. Epstein is the President and founder of The Florida Science 
Foundation and Mr. Indyke is its Vice President. More importantly, Mr. Epstein is also the 
founder and President of the Financial Trust Company, his for-profit corporation. Mr. 
Indyke is Mr. Epstein's subordinate at that entity as well. 
One of Mr. Epstein's attorneys has suggested that Mr. Epstein is using his time on 
work release to manage investments resulting in investment income of millions of dollars. 
If that is true, then Mr. Epstein is acting outside of the scope of his employment with The 
Florida Science Foundation. Instead, that would be in keeping with Mr. Epstein's work for 
his for-profit corporation, which would inure to the benefit of Mr.. Indyke. Because that work 
would result in a financial benefit to him, and because he is Mr. Epstein's subordinate at that 
corporation, Mr. Indyke may be reluctant to inform the Sheriffs Office of this violation of 
the terms of Mr. Epstein's Work Release contract. 
The "references" listed by Mr. Epstein all appear to have the same conflict of interest. 
Mr. Epstein did not list any past or present co-workers, supervisors, or clients. Instead, he 
has listed four attorneys who are currently retained—and paid—by Mr. Epstein. Their attorney-
client privilege obligations might further restrain them from notifying the Sheriff's Office 
if Mr. Epstein was not abiding by the work release rules. 
As I previously mentioned to Colonel Gauger, the decision regarding work release is 
completely within the discretion of the Sheriff's Office. The purpose of this letter is simply 
to provide you with information concerning Mr. Epstein's offenses and his work situation. 
Judge Pucillo, who conducted the change of plea and sentencing, heard the factual proffer 
and imposed Mr. Epstein's sentence. She has not been consulted regarding Mr. Epstein's 
20n the application for registration of the Florida Science Foundation with Florida's 
Department of State, Mr. Indyke lists his true address in Livingston, New Jersey. 
EFTA00194083

EFTA00194084

CAPTAIN DAVID SIEETH 
DECEMBER 11, 2008 
PAGE 3 
through 2/28/07).' These sworn filings show that Mr. Epstein worked for the Foundation for 
only one hour per week and earned no compensation. Cie& page 6 of each return.) All of 
these returns were signed under penalty of perjury by either Mr..Epstein or Darren Indyke, 
who is listed in Mr. Epstein's work release file as Mr. Epstein's "supervisor." Mr. Epstein's 
representations concerning his prior work duties andsegiry may violate the salary and 
employment verification requirements of C.O.P. #926.0 lex CX7) and (8). 
In response to your requirement of "a detailed work schedule," Mr. Indyke has 
provided the following two sentences: 
[Mr. Epstein's] duties will require him to work six days a week, Monday 
through Saturday, at the Foundation's office located at 250 S. Australian 
Avenue, Suite 1404, West Palm Beach, Florida from the hours of 8:00 A.M. 
to 8:00 P.M. 
As President of the Foundation, Mr. Epstein will be responsible for the general 
oversight and management of the Foundation, and particularly, to seek out, 
evaluate and determine worthy charitable causes to which the Foundation may 
make contributions. 
Mr. Indyke did not disclose that Mr. Epstein only worked one hour per week prior to his 
incarceration and has provided no explanation ofwhy Mr. Epstein could perform these duties 
in one hour per week before he was incarcerated but now needs to spend 72 ho 
h week 
to do the same job. Again, this appears to be inconsistent with C.O.P. #9261.4c(C)(7). 
Mr. Indyke has signed the "Alternative Custody Unit Program Agreement" as Mr. 
Epstein's "employer." In that Agreement, Mr. Indyke promises to "notify the Alternative 
'The returns are available online at the following public websites: 
FY2006: http://www.guidestar.org/FinDocuments/2007/131/996/2007-133996471-0391c8db-F.pdf 
FY2005: http://www.guidestar.org/FinDocuments/2006/133/996/2006-133996471-02c9625e-F.pdf 
FY2004: http://www.guidestar.org/FinDocuments/2005/133/996/2005-133996471-02056acf-F.pdf 
FY2003: http://www.guidestar.org/FinDocuments/2004/133/996/2004-133996471-1-F.pdf 
FY 2002: http://www.guidestar.org/FinDocuments/2003/133/996/2003-133996471-1-F.pdf 
FY2001: http://www.guidestar.org/FinDocuments/2002/133/996/2002-133996471-1-F.pdf 
FY2000: http://wvvw.guidestar.oreFinDocurnents/2001/133/996/2001-133996471-1-F.pdf 
FY1999: http://wwvv.guidestar.org/FinDocuments/2000/133/996/2000-133996471-1-F.pdf 
FY1998: http://www.guidestatorg/FinDocuments/1999/133/996/1999-133996471-1-F.pdf 
EFTA00194085

EFTA00194086

CAPTAIN DAVID SLEPT. II 
DECEMBER 11, 2008 
PAGE 2 
paperwork, this violation is referred to simply as "prostitution." The charge is not a 
solicitation of prostitution charge, it is a procurement of a minor to engage in prostitution. 
Florida courts have defined the offense as "inducing a victim to engage in sexual activity" 
for money and "persuading, inducing, or prevailing upon a person to do something sexual" 
for financial gain. In other words, the statute addresses the recruiting of minors who have 
not previously been involved in prostitution to engage in sexual activity for commercial gain 
to a recruiter or "pimp"/"madame." The Florida Legislature has acknowledged the 
significant difference between solicitation under F.S.S. 796.07 and procurement of minors 
under F.S.S. 796.03 by requiring persons convicted of violating F.S.S. 796.03 to register as 
sex offenders. The distinction may be meaningful to the victims of Mr. Epstein's offenses, 
who could feel that they are being stigmatized as "prostitutes." 
Inaccuracies and Omission in Work Release Application and Related Documents 
Throughout the records related to Mr. Epstein's work release placement, he is 
alternatively referred to as working for "The Florida Science Foundation" or "self-
employed," and Mr. Epstein lists his salary as $250,000. Mr. Epstein describes himself as 
"returning to work" and "eligible for re-employment" at The Florida Science Foundation. 
Please be advised that the only W-2 that Mr. Epstein provided is from Financial Trust 
Company, Inc., which shows that Mr. Epstein was employed in the U.S. Virgin Islands at a 
salary of $180,785.62, not $250,000. 
Mr. Epstein provided to you no documentation regarding his pre-incarceration 
employment with "The Florida Science Foundation" or its corporate alter-ego, "The 
CO.U.Q. Foundation, Inc." As you will see, the Foundation, its offices, and Mr. Epstein's 
purported job schedule were all created on the eve of Mr. Epstein's incarceration in order to 
provide him with a basis for seeking work release. 
The Florida Science Foundation was not registered with the State of Florida and had 
no office space or telephone number until after Mr. Epstein was already incarcerated. The 
application filed with the State of Florida and signed under penalty of perjury by Richard 
Kahn lists Mr. Kahn's and the Foundation's telephone number as "561-659-8300." That is 
the telephone number of Atterbury, Goldberger and Weiss—one of the law firms representing 
Mr. Epstein. Richard Kahn is a partner at the law firm of Sullivan and Cromwell in New 
York and has no association with the Atterbury firm. 
Checking public records available on the internet, I located the IRS returns of "The 
C.O.U.Q. Foundation, Inc." for fiscal years 1999 through 2006 (which covers the period 
EFTA00194087

EFTA00194088

U.S. Department of Justice 
United States Attorney 
Southern District of Florida 
500 South Australian Ave., Suite 400 
West Palm Beach FL 33401 
(561) 820-8711 
Facsimile: (561) 820-8777 
December 11, 2008 
VIA HAND DELIVERY 
Captain David Sleeth 
Palm Beach Sheriff's Office 
Corrections Division 
3228 Gun Club Road 
West Palm Beach, FL 33406 
Re: 
Work Release Application of Jeffrey Epstein 
Dear Captain Sleeth: 
The U.S. Attorney's Office recently learned that Inmate Jeffrey Epstein applied for 
and was approved for participation in the Palm Beach Sheriff's Office's ("PBSO") work 
release program. Through a request for public records, I have received a copy of Mr. 
Epstein's work release file. After doing some internet research of public records and making 
a few telephone calls, I discovered some inaccuracies and omissions in Mr. Epstein's file that 
I wanted to bring to your attention. During a recent meeting, Roy Black, one of Mr. 
Epstein's attorneys, invited us to share our concerns with PBSO. 
Eligibility for Participation 
I understand that Mr. Epstein would be ineligible for participation in the work release 
program if he committed three violations of F.S.S. 796 within the past five years. Mr. 
Epstein has been charged with and convicted of a felony violation of F.S.S. 796.07. In order 
to be convicted of a felony violation of that statute, one must commit "a third or subsequent 
violation." In other words, Mr. Epstein has committed at least three violations of Section 
796.07, and in his "Alternative Custody Program Placement Synopsis," Mr. Epstein's charges 
are described as "Recommit: Prostitution." 
In addition to those three violations, Mr. Epstein also has been convicted of violating 
F.S.S. 796.03, procuring a person under the age of 18 for prostitution. Throughout his 
EFTA00194089

EFTA00194090

CAPTAIN DAVID SLEETH 
DECEMBER 1 I, 2008 
PAGE 5 
application for work release. I understand that Judge McSorley's standing order states that 
she "takes no position with respect to the eligibility of any inmate sentenced in this Division 
unless specifically stated at time of sentencing." Because of her absence, Judge McSorley 
did not conduct the sentencing and, therefore, did not have the opportunity to weigh any 
objections to work release at that hearing. It is unclear whether Judge Pucillo was aware of 
Judge McSorley's standing order when she imposed sentence. In utilizing your discretion, 
you may or may not choose to consult with the appropriate judge on this matter. 
Request for Notification 
As I had previously asked of Colonel Gauger, I would appreciate if you would keep 
me informed of any changes to Mr. Epstein's release status so that I may fulfill my 
obligations to keep the victims identified through the federal investigation informed of Mr. 
Epstein's status. I have informed all of the known victims of Mr. Epstein of the change in 
his incarceration status and that you are the contact person if they have any questions. Some 
may ask that their locations be amongst the "Exclusionary Zones" progratruned into Mr. 
Epstein's GPS unit. If you need their addresses, please let me know. 
Please feel free to contact me with any questions or concerns. 
Sincerely, 
R. Alexander Acosta 
United States Attorney 
By: 
' 
A. Marie Villafafia 
Assistant United States Attorney 
cc: 
Colonel Michael Gauger 
Karen Atkinson, Chief, Northern Division I 
EFTA00194091

EFTA00194092

CAPTAIN DAVID SLEETH 
DECEMBER II, 2008 
PAGE 4 
Custody Unit inunediately if the Participant: (1) Fails to appear for work at the scheduled 
time; and (2) Leaves the place of employment prior to the scheduled time." Both in this form 
and in Mr. Indyke's letter in support of Mr. Epstein's application, Mr. Indyke neglects to 
inform the Sheriff's Office of two significant facts. First, Mr. Indyke lives and works in the 
New York metropolitan area. He likely will not be present at Mr. Epstein's workplace, so 
he may not know if Mr. Epstein "fails to appear for work" or "leaves the place of 
employment." In that event, Mr. Indyke also will not be able to supervise Mr. Epstein's 
actual work to determine whether he is truly doing the work of The Florida Science 
Foundation.' Second, Mr. Indyke does not "employ" Mr. Epstein. Instead, Mr. Epstein 
"employs" Mr. Indyke. Mr. Epstein is the President and founder of The Florida Science 
Foundation and Mr. Indyke is its Vice President. More importantly, Mr. Epstein is also the 
founder and President of the Financial Trust Company, his for-profit corporation. Mr. 
Indyke is Mr. Epstein's subordinate at that entity as well. 
One of Mr. Epstein's attorneys has suggested that Mr. Epstein is using his time on 
work release to manage investments resulting in investment income of millions of dollars. 
If that is true, then Mr. Epstein is acting outside of the scope of his employment with The 
Florida Science Foundation. Instead, that would be in keeping with Mr. Epstein's work for 
his for-profit corporation, which would inure to the benefit of Mr. Indyke. Because that work 
would result in a financial benefit to him, and because he is Mr. Epstein's subordinate at that 
corporation, Mr. Indyke may be reluctant to inform the Sheriff's Office of this violation of 
the terms of Mr. Epstein's Work Release contract. 
The "references" listed by Mr. Epstein all appear to have the same conflict of interest. 
Mr. Epstein did not list any past or present co-workers, supervisors, or clients. Instead, he 
has listed four attorneys who are currently retained—and paid—by Mr. Epstein. Their attorney-
client privilege obligations might further restrain them from notifying the Sheriff's Office 
if Mr. Epstein was not abiding by the work release rules. 
As I previously mentioned to Colonel Gauger, the decision regarding work release is 
completely within the discretion of the Sheriff's Office. The purpose of this letter is simply 
to provide you with information concerning Mr. Epstein's offenses and his work situation. 
Judge Pucillo, who conducted the change of plea and sentencing, heard the factual proffer 
and imposed Mr. Epstein's sentence. She has not been consulted regarding Mr. Epstein's 
'On the application for registration of the Florida Science Foundation with Florida's 
Department of State, Mr. Indyke lists his true address in Livingston, New Jersey. 
EFTA00194093