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
EFTA01089193
174 pages
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Exhibit 10 EFTA01089273
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Jack Goldberger From: Jack Goldberger Sent: Friday, June 27, 200810:22 AM To: Jack Goldberger Subject: FW: Have a great weekend! Attachments: PLEA.Epsteln.doc From: Lanna 8elobtavek (mato Sent Friday, June 27, 200810:00 AM To: Jadc Goldberger Subject Have a great weekend! 1 EFTA01089274
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Exhibit 11 EFTA01089275
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Jack Goldberger Sent aly.. li ewa le , 008(11:31ANI From: USAFLS) To: Jack Goldberger Cc: AlidnsonJCuen (USAFLS); 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. Original Message From: Jack Goldberger < To: Cc: Jack Goldberger Sent: Sat Jun 28 08:49:55 2008 Subject: RE: Notice of Non-Compliance Dear please allow this e-mail to confirm our telephone conference of 6:38 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 USA° for the Souhern District of Florida. Jack Goldberger From: I M=. (USAFLS) [mailto ] Sent: Fri 772008S: 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» Assistant U.S. Attorney EFTA01089276
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Exhibit 12 EFTA01089277
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PLEA IN THE CIRCUIT COURT THE FOLLOWING IS TO REFLECT ALL TERMS OF THE NEGOTIATED SETTLEMENT Name: Jeffrey E. Epstein Plea GuiltyI Case No. Charge Count Lesser Decree 06CF009454AMB Felony Solicitation of Prostitution 1 No 3 FEL 08CF009381AMB Procuring Person Under 18 for Prostitution 1 No 2 FEL PSI: Waived/Not Required X Required/Requested ADJUDICATION: Adjudicate fx SENTENCE: On 06CF009454AMS, the Defendant is sentenced to 12 months in the Palm Beach County Detention Facility, with credit for 1 (one) day time served. On 08CF009381AMB, the Defendant is sentenced to 18 months Community Control 1 (one). As a special condition of this Community Control, the Defendant must serve the first 6 months in the Palm Beach County Detention Facility, with credit for 1 (one) day time served. This sentence is to be served consecutive to the 12 month sentence in 06CF009454AMB. The conditions of community control are attached hereto and incorporated herein. OTHER COMMENTS OR CONDITIONS• Court Costs: $474.00 Cost of Prosecution: $50.00 Drug Trust Fund: $50.00 As a special condition of his community control, the Defendant is to have no unsupervised contact with minors, and the supervising adult must be approved by the Department of Corrections. The Defendant is designated as a Sexual Offender pursuant to Florida Statute 943.0435 and must abide by all the corresponding requirements of the statute, a copy of which is attached hereto and incorporated herein. The Defendant must provide a DNA sample in court at the time of this plea. Assistant State Attorney Attorney for the Defendant Date of Plea Defendant EFTA01089278
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PLEA IR THE CIRCUIT COURT THE FOLLOWING IS TO REFLECT ALL TERMS OF THE NEGOTIATED SETTLEMENT Name: Jeffrey E. Epstein Plea: Guilty A Case No. Charge Count Lesist DII'M DISCF0094.54AMB Felony Soholtabon of Prostitution 1 No 3 FEL 03CF009381AMES Proetritig Person Under is for Prosthuhon 1 No 2 RM. PSI: Waived/Not Required Requited/Requested ADJUDICATION: Adjudizate Ix j BE.NTENCE: On 06Cf009464AhlEL the Defendant Is sentenced to 12 months in the Palm BeaN:i County Detention FaciSy, lab crede for *I (one) day time served. On OBCFOOSGMAIVIB, the Defendant is sentenced to 6 moral-Min the Paha Beach County Detention Facilay, with credit for i (one) day time served. This 6 month sentence to be served consecutive to the 12 month sentence in trazoa94.54AmB. Following this 6 . ' month sentenm, the Defendant will be placed on 12 months Community Control 1 (one). • The conditions of community ....Abut are attached hereto and incorporated herein. OTHER COailb.NTS OR CORDATIOHS: As a special condition of his community control, the De cant b to have no unsupervised contact With minors, and the stpervteirra adult must he pproved by the Department of Comedians. The Defendant is designateei as a Sexual Offender pursuant to Florida Statute 943.0425 and must abide by all the corresponding requirements of the statute, a copy of which e attached hereto and incorporated herein. of ir The Defendant must provide a DNA sample in court at the time of . Pea EFTA01089279
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Exhibit 13 EFTA01089280
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KIRKLAND & ELLIS nr Jay P. tincovnlz, P.C. To CalWriter D VIA E-MAIL, Alexamer Acosta United States Attorney's Office Southern District of Florida Dear Alex: AVD PAntalefillIS Cili rou Contor vrww.kirkland.corn October 10, 2007 Re: Jeffrey Epstein Confidential. For Settlement Purposes Only, Pursuant to Rule 408. I write as a follow up to ow conversation yesterday regarding the open issues that remain ( stein matter. As you are aware, we continue to have serious disagreements with IMI regarding the nature of the settlement process for identified individuals' § 2255 claims. Legal representation in a lawsuit was never contemplated by the Federal Plea Agreement (the "Agreement'). Over the course of the negotiations of the Agreement, the parties worked diligently to create an alternative dispute resolution for those identified individuals seeking a civil remedy for the conduct at issue, in an effort to avoid long drawn out disputes over liability in public adversarial litigations. Initially, we proposed that Mr. Epstein create a trust whereby a trustee would be appointed by the Circuit Court to di to the identified individuals ja i. based on a good faith showing of injury. In response, proposed the appointment of a guardian ad litem to represent the identified indivi s, not an attorney, which suggests that litigation was never contemplated by either party. Ultimately, the parties agreed to Paragraphs 7 and 8 of the Agreement, which allow for a single attorney representative to settle the claims of the identified individuals and create a procedural alternative to public adversarial litigation. In keeping with the parties' understandin o P s 7 and 8, you sho w that we are in agreement with your choice of but we believe should act as the attorney representative to settle claims pursuant to the Agreement and the parties' does not contemplate litigation with i‘bia.iet to the attorney representative, work longstanding understanding of the settlement process. Because the process agreed to to negotiate settlements with the identified individuals without further involvement by the government or its agents. Below, I've outlined our main areas of concern with the approach MI Hong Kong Landon Los Angeles 0AuMch San Francisco Washington. EFTA01089281
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Confidential. For Settlement Purposes Only, Pursuant to Rule 408. R Alexander Acosta October 10, 2007 Page 2 has taken regarding the role of the attorney representative and the settlement process for § 2255 claims pursuant to Paragraphs 7 and 8 of the Agreement First Issue: The Settlement Process and the Role of the Attorney Representative. The settlement procedure we propose, and which we believe is made clear by the Agreement, is reasonable and consistent with the intention of the parties: the attorney representative will represent the identified individuals provided they opt to enter into a settlement agreement with Mr. Epstein with respect to their § 2255 claims. The attorney representative will negotiate a total settlement amount with Mr. Epstein. Once the United States has formally declined to prosecute Mr. Epstein in this matter, and each identified individual electing to settle has waived her right to pursue any other claims against Mr. Epstein, the attorney representative will distribute the proceeds in the manner he sees fit. If the identified individuals cannot settle or opt not to settle on a damages amount with Mr. Epstein, then the attorney representative may not continue his representation and is barred from filing lawsuits pursuant to § 2255 and the identified individuals would not be suing under § 2255 as contemplated by Paragraph 8. Based on the specific language in the contract and the intent of both parties, we believe that the Agreement clearly provides that the identified individuals may opt to make use of the attorney representative so long as they can reach a settlement agreement with Mr. Epstein. If the parties cannot settle on a damages amount with Mr. Epstein, then the attorney representative may not continue his representation and is barred from filing lawsuits pursuant to § 2255. The protons of the Agreement make clear that the role of the attorney representative is limited to settling claims brought by identified individuals pursuant to the Agreement While Paragraph 7 defines who may be represented by the attorney representative, Paragraph 8 outlines the scope of that representation. Paragraph 7 states: 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 has been sentenced. Upon the execution of this agreement, the United States, in consultation with and subject to the good faith approval of Epstein's counsel, shall select an attorney representative for these persons, who shall be paid for by Epstein. Epstein's counsel may contact the identified individuals through that representative. Under Paragraph 8 of the Agreement, which provides the terms of the representation, the attorney trio eseutative is only appointed to protect the interests of those identified individuals who elect to waive any claim for damages other than the damages agreed to by the parties. Paragraph 8 states: If any of the individuals referred to in paragraph (7), supra, elects to file snit 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 ova this 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 EFTA01089282
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Confidential For Settlement Purposes Only, Pursuant to Rule 008. IL Alexander Acosta October 10, 2007 Page 3 identified individual and Epstein, so long as the identified individual elects to proceed exclusively under 18 U.S.C. § 2255, and agrees to waive any other claim for damages, whether pursuant to state, federal, or common law. Notwithstanding this waiver, as to those individuals whose names appear on the list provided by the United States, Epstein's signature on this agreement, his waivers and failures to contest liability and such damages in any suit are not to be construed as an admission of any criminal or civil liability. Paragraph 8 addresses how Mr. Epstein's waivers are triggered pursuant to a settlement with each identified individual. Paragraph 8 is clear that Mr. Epstein will only waive § 2255 liability "so long as" each identified individual proceeds exclusively under § 2255 and agrees to waive damages other than "an amount as agreed to between the identified individual and Epstein." The Agreement's silence with tet.p‘a to what happens if the parties cannot settle on a damages amount indicates that the parties intended for the scopc of the attorney representative's representation to be limited to settling claims with Mr. Epstein, not representing these identified individuals in § 2255 lawsuits. however, insists that the attorney representative's duties include pursuing a lawman,. on behalf of each identified individual in the event that settlement talks arc unsuccessful. This interpretation is incorrect because snores Paragraph 8, which limits the scope of the attorney representative's representation. The longstanding intention of the parties is also consistent with our interpretation of the Agreement based on prior iterations of the Agreement, which only refer to appointing a trustee or a guardian ad litem to protect the interests of the identified individuals. Thus, legal representation in a lawsuit was never contemplated under the Agreement Also, Mr. Epstein's agreement to pay the attorney representative's fees reaffirms that the parties never intended for the attorney representative to bring lawsuits. § 2255 includes a provision for attorne 's fees, bat only if there is a monetary recovery. If the Agreement contemplates, as suggests, that the attorney representative could file suit on behalf of each identified , . Epstein would never have agreed to pay attorneys fees for those that being suit and lose. It is clear that Mr. Epstein agreed to pay the attorney representative's Res because he assumed that each identified individual represented by the attorney representative would recover something by settling on their respective damages claim. interpretation of the Agreement would also trigger profound ethical problemilM il onflicts of interests that would arise. For instance, if Mr. Epstein agrees to pay for the attorney representative's fees and monthly expenses in any potentially litigated matter, then the attorney representative would effectively be incentivized to reject settlement under § 2255 in an effort to draw out the lawsuits and incur more fees. If the lawyer were allowed to represent the identified individuals in a lawsuit, the best interests of each identified individual might not be served, because the attorney representative will always be more interested in pursuing lawsuits in lieu of settling claims against Mr. Epstein efficiently and fairly. This conflict EFTA01089283
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Confidential. For Settlement Purposes Only, Pursuant to Rule 408.
R. Alexander Acosta
October 10, 2007
Page 4
could compromise the attorney representative's duty of loyalty. See ABA Annotated Model
Rules of Professional Conduct, Rule 1.8(f) ("A lawyer shall not accept compensation for
representing a client from one other than the client unless... there is no interference with the
lawyer's independence of professional judgment or with the client-lawyer relationship"). And Mr.
Epstein would essentially be paying the attorney representative to sue himself. Such a result is
inappropriate and unconscionable.
The attorney representative will face other conflicts as well. As a general matter, multiple
representation of a group of individuals that elects to settle on damages as well as one or more
individuals who reject settlement carries with it the heightened potential for irreparable conflicts.
For example, the ethics rules preclude an attorney from simultaneously representing parties that
are likely to end up in conflict See ABA Annotated Model Rules of Professional Conduct, Rule
1.7 ("A lawyer shall not represent a client if...there is a significant risk that the representation of
one or more clients will be materially limited by the lawyer's responsibilities to another client, a
former client or a third person or by a personal interest of the lawyer."). Here, I can imagine a
case where one of the identified individuals is called as a witness by Mr. Epstein to dispute an
allegation by another identified individual who is a party to the case. The attorney representative
would have to cross examine the witness, who is also his client In another scenario, the attorney
representative may receive privileged information from one identified individual, which precludes
him from using that information with lcapt.4.t to another identified individual. In each scenario,
the attorney representative will be simultaneously representing parties that may be in conflict, in
violation of Rule 1.7.
connection with the attorney representative'sialM l
tement process must be rejected.
For these reasons, we believe that
interpretation of the Agreement in
Second Issue Waiver of Liability. WWI
incorrectly alleges that Mr. Epstein
has waived liability even when claims are not se
.
suant to the Agreement, if the identified
individuals choose not to settle with Mr. Epstein, he will not waive liability for those individuals
whose claims arc not settled by the attorney representative. Paragraph 8 is clear that Mr. Epstein
will only waive § 2255 liability so long as each identified individual proceeds exclusively under §
2255 and agrees to waive damages other than "an amount as agreed to between the identified
individual and Epstein." (Paragraph 8, Agreement) Consequently those identified individuals
who choose not to settle with Mr. Epstein are not covered by the terms of the Agreement and will
have to prove, among other things, that they are victims under the enumerated statutes.
Third Issue: Communication to Identified Individuals,
proposes that
either she or federal agents will speak with the identified individ
re
the settlement
process.
We do not think it is the government's place to be co-counsel to the identified
individuals, nor should the FBI be their personal investigators. Neither federal agents nor anyone
from your Office should contact the identified individuals to inform them of the resolution of the
EFTA01089284
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Confidential. For Settlement Purposes Only, Pursuant to Rule 408. R. Alexander Acosta October 10, 2007 Page 5 case, including appointment of the attorney representative and the settlement process. Not only would that violate the confidentiality of the Agreement, but Mr. Epstein also will have no control over what is communicated to the identified individuals at this most critical stage. We believe it is essential that we participate in crafting a mutually acceptable communication to the identified individuals. We further believe that communications between your Office or your case agents and the identified individuals might well violate Rule 6(eX2)(B) of the Federal Rules of Criminal Procedure- The powers of the federal grand jury should not, even in appearance, be utilized to advance the interests of a party to a civil lawsuit We propose that the following joint communication be made to who will act as the attorney representative and communicate accordingly with the ichsinduals: As counsel for the United States of America and Jeffrey Epstein, we jointly write to you to provide information relevant to your services as the attorney representative to represent certain identified individuals who may have a civil claim against Mr. Epstein. The United States has conducted an investigation of Mr. Epstein regarding his solicitation of females, some of whom the government alleges were underage, to engage in prostitution in his Palm Beach County home. Based on this investigation, the United States has identified certain individuals who may be eligible to seek a civil remedy against Mr. Epstein pursuant to 18 U.S.C. § 2255. The United States and Mr. Epstein have agreed to a resolution of this investigation. As part of the resolution of this matter, the parties have agreed to a settlement process for these identified individuals. The parties agree that you will contact each identified individual and explain the nature of the resolution of this matter, including the settlement process, in accordance with a joint communication drafted by the United States and Mr. Epstein. The parties further agree that you will interview each identified individual to confirm that they have a viable claim against Mr. Epstein pursuant to 18 U.S.C. § 2255. Pursuant to the resolution of this matter, you will represent only those identified individuals who elect to settle their claims with Mr. Epstein, and your duties will be limited to negotiating a settlement on the identified individuals' behalf and dispersing the settlement proceeds. Mr. Epstein has agreed that he will not contest jurisdiction in the Southern District of Florida, and he will not contest liability pursuant to 18 U.S.C. § 2255 for those identified individuals who elect to settle all potential claims against him regarding this matter. Mr. Epstein has also agreed to pay reasonable attorney's fees and expenses that you incur as a result of settlement negotiations and settlement administration of this matter. EFTA01089285
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Confidential. For Settlement Purposes Only, Pursuant to Rule 408. R. Alexander Acosta October 10, 2007 Page 6 To settle these claims, the parties agree that you will negotiate a total settlement amount with Mr. Epstein for each identified individual who elects to settle. After the United States formally declines to initiate any prosecution against Mr. Epstein related to this matter and each identified individual you represent executes a waiver of all rights to pursue any litigation regarding this matter, you may then distribute the proceeds from the total settlement amount to the identified individuals in the manner you see fit For those identified individuals who elect not to settle their claims, Mr. Epstein will not waive his right to contest jurisdiction, liability or damages. Furthermore, Mr. Epstein will not pay for their attorney's fees or expenses, and you may not represent these individuals in any capacity. Each of these individuals will be responsible for finding, hiring and paying for her own attorney. The details regarding the United State's investigation of this matter and its resolution with Mr. Epstein is confidential. You may not make public statements regarding this matter. If you have any questions regarding this matter, including the settlement process, you must contact Mr. Epstein's counsel and request a joint clarification from said counsel and the United States. You should not contact the United States directly. The parties will make every effort to answer your questions via a joint communication. Alex, as you know, when Mr. Epstein signed the Agreement, he did so in order to reach finality with your Office and with the express representation that the federal investigation against him would cease. To that end, I would like your assurance that after you and I agree to the issues raised in this letter, that it will be the end of the United States' involvement barring a willful breech of the Agreement Specifically, the government or any of its agents will not make any further communications to the identified individuals and will not make any ex parte communications with I look forward to resolving these open issues with you during our 4:30 call today. Sincere! v/ . e owitz a EFTA01089286
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Exhibit 14 EFTA01089287
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U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave, Sadie 400 West Patin Ileac November 29, 2007 DELIVERY BY HAND Miss Re: Cling Victims' Rights — Notification of Resolution of Epstein Investigation Dear Miss Several months ago, I provided you with a letter notifying you of your rights as a victim pursuant to the Justice for All Act of 2004 and other federal legislation, including: (1) The right to be reasonably protected from the accused. (2) The right to reasonable, accurate, and timely notice of any public court proceeding involving the crime or of any release or escape of the accused. (3) The right not to be excluded from any public court proceeding, unless the court determines that your testimony may be materially altered if you are present for other portions of a proceeding. (4) The right to be reasonably heard at any public proceeding in the district court involving release, plea, or sentencing. (5) The reasonable right to confer with the attorney for the United States in the case. (6) The right to full and timely restitution as provided in law. (7) The right to proceedings free from unreasonable delay. (8) The right to be treated with fairness and with respect for the victim's dignity and privacy. I am writing to inform you that the federal investigation of Jeffrey Epstein has been completed, and Mr. Epstein and the U.S. Attorney's Office have reached an agreement containing the following terms. First, Mr. Epstein agrees that be will plead guilty to two state offenses, including the offense of soliciting minors to engage in prostitution, which will require him to register as a sexual predator for the remainder of his life. EFTA01089288
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Miss
NOVEMBER 29,2007
PAGE 2
Second, Mr. Epstein has agreed to make a binding recommendation of 18 months'
imprisonment to the state court judge who sentences him. Mr. Epstein will serve that sentence of
imprisonment at the Palm Beach County Jail.
Third, Mr. Epstein has agreed that he will not contest jurisdiction or liability if you elect to
seek damages from him because the United States has identified you as a minor victim of certain
federal offenses, including travel in interstate commerce to engage in prostitution with minors and
the use of facilities of interstate commerce to induce minors to engage in prostitution. To assist you
in making such a claim, the U.S. Attorney's Office has asked an independent Special Master to
select attorneys to represent you. Those attorneys are Aaron Podhurst and Robert ("Bob")
Josefsberg with the law firm of Podhurst Orseck, P.A. They can be reached at (305) 358-2800. I
anticipate that someone from their law firm will be contacting you shortly. I sabnilvjayou
that you are not obligated to use these attorneys. In fact. you have the absolute right to select your
own attornev, so you can decide not to speak with Mssrs. Podhurst/ Josefsberg at all. or you can
speak with them and decide at any time to use a different attorney If you do decide to seek damages
from Mr. Epstein and you decide to use Messrs. Podhurst / Josefsberg as your attorneys, Mr. Epstein
will be responsible for paying attorney's fees incurred during the time spent trying to negotiate a
settlement. If you are unable to reach a settlement with Mr. Epstein, you and Mr. Josefsberg can
discuss how best to proceed.
As I mentioned above, as part of the resolution of the federal investigation, Mr. Epstein has
agreed to plead guilty to state charges.
'
and sentencing will occur on
December 14,2007, at
a.m.,befo
, in Courtroom 11F at the Palm
Beach County Courthouse, 205 North Dixie Highway, West Palm Beach, Florida. Pursuant to
Florida Statutes Sections 960.001(1)(k) and 921.143(1), you are entitled to be present and to make
a statement under oath. If you choose, you can submit a written statement under oath, which will
be filed by the State Attorney's Office on your behalf. If you elect to prepare a written statement,
it should address the following:
the facts of the case and the extent of any harm, including social, psychological, or
physical harm, financial losses, loss of earnings directly or indirectly resulting from
the crime for which the defendant is being sentenced, and any matter relevant to an
appropriate disposition and sentence. Fl. Stat. 921.143(2).
You also are entitled to notification when Mr. Epstein is released from imprisonment at the
end of his prison term and/or if he is allowed to participate in a work release program. To receive
such notification, please provide the State Attorney's Office with the following information:
1.
Your name
2.
Your address
3.
Your home, work, and/or cell phone numbers
EFTA01089289
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MISS NOVE?.ffiER 29,2007 PAGE 3 4. Your c-mail address 5. A notation of whether you would like to participate in the "VINE system," which provides automated notification calls any time an inmate is moved. (To use this system, your calls must go to you directly, not through a switchboard.) Thank you for all of your help during the course of the investigation. If you have any questions or concerns, please do not hesitate to contact me or Special Agent Nesbitt Kuyrkendall at (561) 822-5946. Sincerely, R. Alexander Acosta United States Attorney By: Assistant United States Attorney cc: U.S. Attorney's Office EFTA01089290
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Exhibit 15 EFTA01089291
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12/08/07 THU 15:22 PAZ December 6, 2007 DELIVERY BY FACSIMILE Jay?. Lcikowitz, Esq. Kirkland & Ellis LIP Re: Jeffrey Epstein Dear Jay: EaCUTIVE °EPICS U.S. Department of Justice United States Attorney Southern District of Florida I write in response to your recent e-mails and letters regarding victim notification and other issues. Our Office is trying to perform our contractual obligations under the Agreement, which we feel are being frustrated by defense counsel's objections. The Office also is concerned about Mr. Epstein's nonperformance. Mom than three weeks ago we spoke about the failure to set a timely plea and sentencing date. A • e, you assured me that the scheduling delay was mused by the unavailability of You promised that a date would be set promptly. On November 15th, Rolando arms met with on another matter, and was told by that he had just spoken with Jack Goldberger, and that Mr. Epstein's plea and sentencing were set to occur on December 14, 2007. Since that time, we have tried to confirm the date and time of the hearing in order to include that information in the victim notificati ers. You continue to refer to the plea and sentencing as though it w' b in Jan office has not confirmed any date; and Mr. Goldberger recently tol ere is no dale." I must reiterate that a delayed guilty plea and sentencing — now more than two months beyond the original deadline — is unacceptable to the Office. As you win recall, the plea and sentencing hearing originally was to occur in earlyOctober 2007, but was delayed until October26th to allow Mr. Goldberger to attend. It was delayed again until November to allow you to attend. Rather than using your best efforts to insure that the plea and in November, we recentlylearned that a plea conference bad been scheduled wi ' for November 20, 2007, but was canceled at the request of the parties, not the judge. S has not been away for any extended period, and there is no basis for your assertion that the judge is the cause of al 002 EFTA01089292