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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

EFTA00211925

4 pages
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From: 
To: 
Subject: Re: Yarbrough and Epstein stories 
Date: Tue, 23 Sep 2008 18:52:42 +0000 
Importance: Normal 
Inline-Images: ole0.bmp 
Thanks 
From: 
Sent: Tue Sep 23 14:SO:S6 2008 
Subject: Yarbrough and Epstein stories 
FYI -
From the Palm Beach Post: 
WEST PALM BEACH - A federal judge sentenced Marion Yarbrough to 40 years in prison Friday for 
sexually abusing a 15-year-old West Palm Beach girl. According to the U.S. Attorney's Office, Yarbrough, of 
Kentucky, met the girl on a Web-based social site and arranged to have a Greyhound bus ticket wired to her. The 
girl traveled to Tennessee, and Yarbrough took her by car to Kentucky and repeatedly sexually abused her. U.S. 
District Court Judge Kenneth A. Marra also ordered Yarbrough to register as a sex offender and to have no 
unsupervised contact with children. Yarbrough previously had been charged in Kentucky with sexually abusing 
three other minors. 
From Palm Beach Daily News: 
Plea deal violation could net federal charges for convicted sex offender Jeffrey 
Epstein 
Picture (Device Independent Bitmap)Click-2-Listen 
By MICHELE DARGAN 
Daily News Staff Writer 
Saturday, September 20, 2008 
Convicted sex offender Jeffrey Epstein still faces the possibility of federal criminal charges if he violates any of 
the terms of his state plea agreement, according to federal court documents. 
Although it was widely reported that federal prosecutors had agreed to drop their investigation of Epstein under 
his plea bargain, the documents show that the U.S. Attorney's Office agreed only to defer prosecution while 
Epstein completes his sentence. 
Under the terms of the federal deferred-prosecution agreement, Epstein will have to comply with court orders 
and restrictions even up to 90 days after he completes the house arrest that will follow his 18-month jail term. 
Epstein, 55, pleaded guilty June 30 to two felony counts: soliciting prostitution and procuring a person under 18 
for prostitution. He is serving 18 months in jail to be followed by 12 months house arrest. 
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In addition to the criminal charges, there are nine federal and six state lawsuits pending against Epstein, all 
containing similar allegations: that Epstein, through his employees and assistants, brought minor girls to his 
Palm Beach home at 358 El Brillo Way for erotic massages and sometimes sex. 
If Epstein violates any of the conditions of his state plea agreement during his sentence and up to 90 days after, 
the U.S. Attorney's Office "reserves the right to indict (or unseal an existing indictment against) Mr. Epstein," 
according to federal court documents filed by Epstein attorney Michael Tein. 
Tein filed the documents in support of a motion asking U.S. District Judge Kenneth Marra to stay proceedings in 
a federal lawsuit by one of Epstein's victims until after Epstein completes all conditions of his sentence plus the 
three months. 
If the lawsuit is not postponed, anything Epstein says in his defense could be used against him in a federal 
prosecution, Tein argued. 
Marra denied the motion. 
"The court sees no reason to delay this litigation for the next 33 months," he wrote. "After all, defendant is in 
control of his own destiny — it is up to him (and him alone) whether the plea agreement reached with the State 
of Florida is breached. If defendant does not breach the agreement, then he should have no concerns regarding 
his Fifth Amendment right against self-incrimination." 
Under the conditions of his plea agreement, Epstein must register as a sex offender for life. While he is serving 
the 12 months of house arrest at his Palm Beach home, Epstein must: 
* Observe a 10 p.m. to 6 a.m. curfew. 
* Have no unsupervised contact with anyone younger than 18. 
* Neither view, own nor possess pornographic or sexual materials. 
As a convicted sex offender, he will not be allowed to live within 1,000 feet of a school, playground or other 
place where children gather. 
The federal deferred-prosecution agreement, which is tied to his state plea agreement, is under seal, but Tein's 
motion provided glimpses into the sealed agreement. 
Paperwork filed by Tein discloses that "under the agreement, the USAO presently retains the continuing right to 
indict Mr. Epstein — or to unseal 'any' already-existing federal 'charges' that may already have been handed up 
by the federal grand jury and sealed — should he breach any of its provisions." 
The Tein motion also indicates that the U.S. Attorney's agreement with Epstein requires that: 
* The grand jury's subpoenas remain outstanding. 
* The parties must maintain their evidence. 
* Any existing charges will not be dismissed until after Epstein has "fulfilled all the terms and conditions of the 
agreement." 
The agreement also includes "a promise not to prosecute defendant Sarah Kellen only if Epstein successfully 
fulfills all the terms and conditions of the state agreement." 
Kellen, Epstein's former assistant, was investigated for bringing the girls up to the room in his Palm Beach home 
where Epstein was waiting and for paying the girls afterward. She has not been charged. 
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Tein did not return calls on Friday. 
Alicia Valle, special counsel to the U.S. Attorney, said via e-mail that the U.S. Attorney's Office had no comment 
on the agreement. 
Hollywood attorney Brad Edwards is representing some of the victims in state and federal court. Marra recently 
granted Edwards' motion that he and two of his clients be allowed to see the sealed agreement. 
Edwards — who is under orders by the judge not to discuss the contents of the agreement — says he intends to 
file a motion to unseal the agreement to the public. 
"The public does have a right to know the terms of the agreement," Edwards said. "These are very unusual 
circumstances where a prosecutor and a criminal defendant enter into a confidential agreement for the purpose of 
keeping it from the public." 
Miami attorney Jeffrey Herman, who represents six of the "Jane Does" in federal lawsuits, agreed. 
"We anticipate trying to get that document unsealed," he said. "I think it's appropriate and should be seen, 
particularly by the victims, but I also think that the public should see it, too." 
From Sun-Sentinel: 
Kentucky man to serve 40 years for sexually 
abusing West Palm Beach girl, 15 
Kentucky man to serve 40 years for abusing girl 
By Missy Diaz I South Florida Sun-Sentinel 
September 23. 2Gb. 
A Kentucky man will spend 40 years in federal prison followed by a lifetime on supervised release for sexually abusing a 15-
year-old West Palm Beach girl he met over the Internet. 
U.S. District Judge Kenneth Marra also ordered Marion Yarbrough to register as a sex offender and have no unsupervised 
contact with children. 
Yarbrough, 35, met the teen last year on the mobile social networking site itsmy.com. During a series of online chats, 
Yarbrough told the girl he was 21. After chatting for several days, he wired the victim a Greyhound bus ticket to Tennessee, 
where he picked her up and drove her back to Kentucky. For two weeks, Yarbrough repeatedly sexually abused the teen, 
according to the U.S. Attorney's Office. 
Yarbrough had previously been charged in Kentucky with sexually abusing three other minors. At the time of his arrest in this 
case, he had charges pending for the rape of a 12-year-old Kentucky girl. He is to be returned to Kentucky to face those 
charges. 
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