EFTA00192625

EFTA00192625 U.S. Department of Justice United States Attorney Southern District of Florida DELIVERY BY ELECTRONIC MAIL Roy Black, Esq. Black Srebnick Komspan & Stumpf P.A. 201 S. Biscayne Blvd, Suite 1300 Miami, FL 33131 Re: Jeffrey Epstein Dear Roy: 500 S. Australian Ave, Ste 400 West Palm Beach, FL 33401 (561)820-8711 Facsimile: (561) 820-8777 November 24, 2008 On Thursday I learned that Mr. Epstein applied for and was admitted to the Palm Beach County Sheriffs Office's work release program and that he has been on work release for the past few weeks. For the following reasons, the Office believes that Mr. Epstein's application to and participation in the work release program is a material breach of the Non- Prosecution Agreement. Accordingly, the United States demands that Mr. Epstein withdraw his application to participate in the program and complete his eighteen-month term of imprisonment in accordance with the Non-Prosecution Agreement. The Non-Prosecution Agreement provides that Epstein "shall be sentenced to consecutive terms of twelve (12) months and six (6) months in county jail for all charges, without any opportunity for withholding adjudication or sentencing, and probation or community control in lieu of imprisonment." I have more than a dozen e-mails between myself and Jay Leflcowitz discussing the U.S. Attorney's insistence on eighteen months of incarceration. You will recall that at one meeting you and Ms. Sanchez raised the idea of Mr. Epstein hiring Sheriff's Deputies to guard him as equivalent to imprisonment. Mr. Acosta specifically rejected that suggestion. It is our understanding from the Sheriffs Office that Mr. Epstein is paying off-duty Sheriffs Deputies to guard him while he "works" at Mr. EFTA00192626 Roy Bum, ESQ. NOVEMBER 24, 2008 PAGE 2 OF 4 Goldberger's office building each day. As you remember, shortly before Mr. Epstein's change of plea, Mr. Goldberger sent me a copy of the proposed plea agreement with the state. On June 27, 2008, I sent a letter containing the following language to you and Mr. Goldberger: The U.S. Attorney's Office hereby provides Notice that the proposed sentencing provision does NI comply with the terms of the Non-Prosecution Agreement. The second sentencing paragraph of the proposed plea agreement reads: 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 ... The Non-Prosecution Agreement specifically provides: Epstein shall be sentenced to consecutive terms of twelve (12) months and six (6) months in county jail for all charges, . . without probation ors,ommunitv control in lieu of imprisonment. Thus, the proposed plea agreement with the State Attorney's Office does not comply with the terms of the Non-Prosecution Agreement. To comply with the Agreement, Mr. Epstein must make a binding recommendation of eighteen months imprisonment, which means confinement twenty-four hours a day at the County Jail, and the judge must accept that recommendation. Community control must follow that term of incarceration. (Emphasis in original.) As I specified in that letter, the Non-Prosecution Agreement calls for "confinement twenty-four hours a day." In response to that letter, Mr. Goldberger agreed that he would revise the state plea agreement to include the word "imprisonment" to make clear that Mr. Epstein would be incarcerated for the full eighteen months and would change the language of the state agreement to match the language of the federal agreement. • Mr. Goldberger and I also discussed the situation and he made clear that Mr. Epstein would not be asking for or receiving work release and would remain in jail "around the clock." In early August, Karen Atkinson and I raised the same issue with you when we heard EFTA00192627 RoY BLACK, ESQ. NOVEMBER 24, 2008 PAGE 3 OP 4 that Mr. Epstein was considering applying for work release. On August 6, 2008, Ms. Atkinson and I had a conference call with you wherein you again stated that Mr. Epstein would not apply for or receive work release and would spend his eighteen months incarcerated twenty-four hours a day at the Palm Beach County Stockade. In preparation for this letter, I obtained a certified copy of Mr. Epstein's state court file. On June 30, 2008, on the procurement of minors charge, Judge Pucillo entered the following sentence: The defendant is hereby committed to the custody of the Sheriff ofPalm Beach County, Florida for a term of 6 mos. It is further ordered that the Defendant shall be allowed a total of 1 days [sic] as credit for time incarcerated prior to imposition of this sentence. It is further ordered that the composite term of all sentences imposed for the counts specified in the order shall run consecutive to the following: Specific sentences: 2006CF9454AXX. . the following provisions apply to the sentence imposed:... Followed by a period of 12 mos on community control 1 under the supervision of the Department of Corrections .... As I learned on Friday when I received the state court file, you neglected to inform our Office that, on July 21, 2008, Judge McSorley modified the judgment nunc pro tunc to an "Order of Community Control I." This same language was the basis for the objection in my letter of June 26, 2008 and directly contradicts the language of the Non-Prosecution Agreement. I also note that, on the state plea agreement, Mr. Goldberger did not insert the word "imprisonment" as agreed prior to the change of plea, instead the words "jail sentence" are included. The Office's Agreement not 'to prosecute Mr. Epstein was based upon its determination that eighteen months' incarceration (i.e., confinement twenty-four hours a day) was sufficient to satisfy the federal interest in Mr. Epstein's crimes. Accordingly, the U.S. Attorney's Office hereby gives notice that Mr. Epstein has violated the Non-Prosecution Agreement by failing to remain incarcerated twenty-four hours a day for the eighteen-month EFTA00192628 Roy Bum, ESQ. Novnem 24, 2008 PAGE 4 OF 4 term of imprisonment. The United States will exercise any and all rights it has under the Non-Prosecution Agreement unless Mr. Epstein immediately ceases and desists from his breach of this Agreement. Sincerely, R. Alexander Acosta United States Attorney By: A. Marie Villafafia Assistant United States Attorney -c; cc: Karen Atkinson, Chief, Northern Division EFTA00192629 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 Attorney's 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 that may have been committed by Epstein against the United States from in or around 2001 through in or around September 2007, 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 interstate or foreign commerce to knowingly persuade, induce, or entice minor females to engage in prostitution, in violation of Title 18, United States Code, Section 2422(6); 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(0, with minor females, in violation of Title 18, United States Code, Section 2423(b); all in violation of 'fide 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; (4) traveling in interstate commerce for the purpose of engaging in illicit sexual conduct, as defined in 18 U.S.C. § 2423(1), with minor females; in violation Page 1 of 7 EFTA00192630 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(a)(1) and 2; and IT APPEARING that Epstein seeks to resolve globally his state and federal criminal liability and Epstein understands and acknowledges that, in exchange for the benefits provided by this agreement, he agrees to comply with its terms, including undertaking certain actions with the State Attorney's Office; IT APPEARING, after an investigation of the offenses and Epstein's background by both State and Federal law enforcement agencies, and after due consultation with the State Attorney's Office, that the interests of the United States, the State of Florida, and the Defendant 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 reliable evidence, that, during the period of the Agreement, Epstein willfully violated any of the conditions of this Agreement, then the United States Attorney may, within ninety (90) days following the expiration of the term of home confinement discussed below, provide Epstein with timely notice specifying the condition(s) of the Agreement that he has violated, and shall initiate its prosecution on any offense within sixty (60) days' of giving notice of the violation. Any notice provided to Epstein pursuant to this paragraph shall be provided within 60 days of the United States learning of facts which may provide a basis for a determination of a breach of the Agreement. After timely fulfilling all the terms and conditions 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 Investigation and the United States Attorney's Office, nor any offenses that arose from the Federal Grand Jury investigation will be instituted in this District, and the charges against Epstein if any, will be dismissed. Page 2 of 7 EFTA00192631 Terms of the Agreement: 1. Epstein shall plead guilty (not nob contendere) to the Indictment as currently pending against him in the 15th Judicial Circuit in and for Palm Beach County (Case No. 2006-cf-009495A.7CM413) charging one (1) count of solicitation of prostitution, in violation of Fl. Stat, § 796.07. In addition, Epstein shall plead guilty 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; 2. Epstein shall make a binding recommendation that the Court impose a thirty (30) month sentence to be divided as follows: (a) Epstein shall be sentenced to consecutive terms of twelve (12) months and six (6) 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) Epstein shall be sentenced to a term of twelve (12) months of community control consecutive to his two terms in county jail as described in Term 2(a), supra. 3. This agreement is contingent upon a Judge of the 15th Judicial Circuit accepting and executing the sentence agreed upon between the State Attorney's Office and Epstein, the details of which are set forth in this agreement. 4. The terms contained in paragraphs 1 and 2, supra, do not foreclose Epstein and the State Attorney's Office from agreeing to recommend any additional charge(s) or any additional terms) of probation and/or incarceration. 5. 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, except a sentence that exceeds what is set forth in paragraph (2), supra. 6. Epstein shall provide to the U.S. Attorney's Office copies of all Page 3 of 7 EFTA00192632 proposed agreements with the State Attorney's Office prior to entering into those agreements. 7. 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, alter Epstein has signed this agreement and 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. 8. If any of the individuals referred to in paragraph (7), 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 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. 9. 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. 10. Except as to those individuals who elect to proceed exclusively under 18 U. S.C. § 2255, as set forth in paragraph (8), supra, neither Epstein's signature on this agreement, nor its terms, nor any resulting waivers or settlements by Epstein are to be construed as admissions or evidence of civil or criminal liability or a waiver of any jurisdictional or other defense as to any person, whether or not her name appears on the list provided by the United States. 11. Epstein shall use his best efforts to enter his guilty plea and be Page 4 of 7 EFTA00192633 sentenced not later than October 26, 2007. The United States has no objection to Epstein self-reporting to begin serving his sentence not later than January 4, 2008. 12. 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 accounting of the gain time he earned during his period of incarceration. 13. The parties anticipate that this agreement will not be made part of any public record. If the United States receives a Freedom of Information Act request or any compulsory process commanding the disclosure of the agreement, it will provide notice to Epstein before making that disclosure. 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 undertake discussions with the State Attorney's Office and to use his best efforts to ensure compliance with these procedures, which compliance will be necessary to satisfy the United States' interest. Epstein also understands that it is his obligation to use his best efforts to convince the Judge of the 15th Judicial Circuit to accept Epstein's binding recommendation regarding the sentence to be imposed, and understands that the failure to do so will be a breach of the agreement. 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 against any potential co-conspirators of Epstein, including but not limited to Sarah Kellen, Adriana 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, specifically evidence requested by or directly related to the grand jury subpoenas that have been issued, and 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 agreement, all outstanding grand jury subpoenas shall be deemed withdrawn. Page 5 of 7 EFTA00192634 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 o f 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 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 as to any such offense. //I II/ Page 6 of 7 EFTA00192635 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: 77d09— Dated: Dated: A. MARIE VILLAFANA ASSISTANT U.S. ATTORNEY GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN LILLY ANN SANCHEZ, ESQ. ATTORNEY FOR JEFFREY EPSTEIN Page 7 of 7 iR EFTA00192636 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: A. MARIE VILLAFARA ASSISTANT U.S. ATTORNEY Dated: Dated: cit /9-4-107 Dated: JEFFREY EPSTEIN RATS LEFCOUR ESQ. Ct.. OUNSEL TO JEFFR Y EPSTEIN LILLY ANN SANCHEZ, ESQ. ATTORNEY FOR JEFFREY EPSTEIN Page 7 of 7 EFTA00192637 By signing this agreement, Epstein asserts and certifies that the above has been read and explained to hint Epstein hereby states that he understands the conditions of this Non- Prosecution Agreement and agrees to comply with them. R. ALEXANDER ACOSTA UNDEll STATES ATTORNEY Dated: By: Dated: Dated: Dated:4-044—CP—A, MARIE VILLAFAICIA ASSISTANT U.S. ATTORNEY JEFFREY EPSTEIN GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN , ESQ. ATTORNEY FOR JEFFREY EPSTEIN Page 7 of 7 EFTA00192638 IN RE: INVESTIGATION OF JEFFREY EPSTEIN ADDENDUM TO THE NON-PROSECUTION AGREEMENT IT APPEARING that the parties seek to clarify certain provisions of page 4, paragraph 7 of the Non-Prosecution Agreement (hereinafter "paragraph 7"), that agreement is modified as follows: 7A. The United States has the right to assign to an independent third-party the responsibility for consulting with and, subject to the good faith approval of Epstein's counsel, selecting the attorney representative for the individuals identified under the Agreement. If the United States elects to assign this responsibility to an independent third-party, both the United States and Epstein retain the right to make good faith objections to the attorney representative suggested by the independent third-party prior to the final designation of the attorney representative. 713. The parties will jointly prepare a short written submission to the independent third-party regarding the role of the attorney representative and regarding Epstein's Agreement to pay such attorney representative his or her regular customary hourly rate for representing such victims subject to the provisions of paragraph C, infra. 7C. Pursuant to additional paragraph 7A, Epstein has agreed to pay the fees of the attorney representative selected by the independent third party. This provision, however, shall not obligate Epstein to pay the fees and costs of contested litigation filed against him. Thus, if after consideration of potential settlements, en attorney representative elects to file a contested lawsuit pursuant to 18 U.S.C. s 2255 or elects to pursue any other contested remedy, the paragraph 7 obligation of the Agreement to pay the costs of the attorney representative, as opposed to any statutory or other obligations to pay reasonable attorneys fees and costs such as those contained in s 2255 to bear the costs of the attorney representative, shall cease. EFTA00192639 By signing this Addendum, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he understands the clarifications to the Non-Prosecution Agreement and agrees to comply with them. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Dated: By: Dated: Dated: Dated: A. MARIE VILLAFARA ASSISTANT U.S. ATTORNEY JEFFREY EPSTEIN GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN LILLYANNSANCHEZ, ES ATTORNEY FOR JEFFREY EPSTEIN EFTA00192640 By signing this Addendum, Epstein assorts and certifies that the above has been read and explained to him. Epstein hereby states that he understands the clarifications to the 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 BALD LEFCO RT ESQ. COUNSEL TO JEFFR Y EPSTEIN LILLY ANN SANCHEZ, ESQ. ATTORNEY FOR JEFFREY EPSTEIN EFTA00192641 111111101 1111111. 1P Sincerely, R. ALEXANDER ACOSTA UNITED STATES ATTORNEY 3 EFTA00192642 With this in mind, I have considered defense counsel arguments regarding the Section 2255 portions of the Agreement. As I previously observed, our intent has been to place the victims in the same position as they would have been had Mr. Epstein been convicted at trial. No more; no less. From our meeting, it appears that the defense agrees that this was the intent. During the course of negotiations that intent was reduced to writing in Paragraphs 7 and 8, which as! wrote previously, appear far from simple to understand. I would thus propose that we solve our disagreements over interpretations by saying precisely what we mean, in a simple fashion. I would replace Paragraphs 7 and 8 with the following language: "Any person, who while a minor, was a victim of a violation of an offense enumerated in Title 18, United States Code, Section 2255, will have the same rights to proceed under Section 2255 as she would have had, if Mr. Epstein been tried federally and convicted of an enumerated offense. For purposes of implementing this paragraph, the United States shall provide Mr. Epstein's attorneys with a list of individuals whom it was prepared to name in an Indictment as victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this provision, including any authority determining which evidentiary burdens if any a plaintiff must meet, shall consider that it is the intent of the parties to place these identified victims in the same position as they would have been had Mr. Epstein been convicted at trial. No more; no less." 2 EFTA00192643 U.S. Department of Justice United States Attorney Southern District of Florida Ft ALEXANDER ACOSTA UNITEDSTATES ATTORNEY DELIVERY BY FACSIMILE Lilly Ann Sanchez Fowler White Burnett, PA 1395 Brickell Ave, 14'h Floor Miami, FL 33131 Re: Jeffrey Epstein Dear Ms. Sanchez: 99 N.E. (Street &hawk FL 33131 (305) 961.9100 • Telephone (305)110-6444 - Facsimile December 19, 2007 I write to follow up on the December 14th meeting between defense counsel and the Eps prosecutors, as well as our First Assistant, the Miami FBI Special A ent in Char e and mysel . a Section 2255 provides that: "(a)ny person who, while a minor, was a victim of a violation of (enumerated sections of Title I 8] and who suffers personal injury as a result of such violation ... may sue in any appropriate United States District Coun and shall ITCCATT the actual damages such person sustains and the cost of the suit, including a reasonable attorney's fee." EFTA00192644 By signing this Addendum, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby, states that he understands the clarifications to the Non- Prosecution Agreement and agrees to comply with them, R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Dated: By: A. MARIE VJLLAPANA ASSISTANT U.S. ATTORNEY Dated: //2" Dated: Dated: GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN LILLY ANN SANCHEZ, ESQ. ATTORNEY POR JEFFREY EPSTEIN EFTA00192645 Page 2 of 8 West's F.S.A. § 951.24 C Effective:(See Text Amendments) West's Florida Statutes Annotated Currentness Title XLVI!. Criminal Procedure and Corrections (Chapters 900-999) (Refs & Annos) Chapter 951. County and Municipal Prisoners (Refs & Annos) 951.24. Extend the limits of confinement for county prisoners Page 1 (1) Any cotinty shall be deemed to have a work-release program upon the motion of that county's board of county commissioners which shall require the concurrence of the sheriff of the county. (2)(a) Whenever punishment by imprisonment in the county jail is prescribed, the sentencing court, in its discre- tion, may at any time during the sentence consider granting the privilege to the prisoner to leave the confines of the jail or county facility during necessary and reasonable hours, subject to the rules and regulations prescribed by the court, to work at paid employment, conduct his or her own business or profession, or participate in an educational or vocational training program, while continuing as an inmate of the county facility in which he or she shall be confined except during the period of his or her authorized release. (b) Any prisoner, at the time of sentencing or thereafter, may request the court in writing for the privilege of be- ing placed on the work-release program. The Department of Corrections, upon the request of the court, is author- ized to conduct such investigations as are necessary and to make recommendations to the court pertaining to the suitability of the plan for the prisoner and to supervise such prisoner if released under this program. Such a re-. lease may be granted by the court with the advice and consent of the sheriff and upon agreement by the prisoner. The court may withdraw the privilege at any time, with or without notice. • (c) No person convicted of sexual battery pursuant to s. 794.011 is eligible for any work-release program or any other extension of the limits of confinement under this section. (3)(a) The wages or salary of prisoners employed under this program may be disbursed by the sheriff pursuant to court order for the following purposes in the order listed: 1. Board of the prisoner. 2. Necessary travel expense to and from work and other necessary incidental expenses of the prisoner. 3. Support of the prisoner's legal dependents. O 2008 Thomson Reuters/West. No Claim to Orig. US Gov. Works. httn://web2.westlaw.com/nrint/nrintstream.aAnx?nrft=1-ITMT fm=1\IntSetAr rl ect lent nn 11 adnnnR EFTA00192646 Page 3 of 8 West's F.S.A. § 951.24 Page 2 4. Payment, either in full or ratable, of the prisoner's obligations acknowledged by him or her in writing or which have been reduced to judgment. 5. The balance to the prisoner upon discharge from his or her sentence, or until an order of the court is entered declaring that the prisoner has left lawful confinement, declaring that the balance remaining is forfeited, and dir- ecting the sheriff to deposit the funds in the general fund of the county to be spent for general purposes. (b) The sheriff may collect from a prisoner the wages or salary earned pursuant to this program. The sheriff shall deposit the same in a trust checking account and shall keep a ledger showing the status of the account of each prisoner. Such wages and salaries shall not be subject to garnishment in the hands of either the employer or the sheriff during the prisoner's sentence and shall be disbursed only as provided in this section. (c) Every prisoner gainfully employed is liable for the cost of his or her board in the jail as fixed by the county. The sheriff shall charge the prisoner's account, if he or she has one, for such board. If the prisoner is gainfully self-employed he or she shall deposit with the sheriff an amount determined by the court sufficient to accom- plish the provisions of subparagraphs (a)1.-5., in default of which his or her privileges under this section are automatically forfeited. (d) The board of county commissioners of any county may, upon the recommendation of the sheriff, authorize the person in charge of a county stockade or workcamp to implement paragraphs (a), (b), and (c), when such fa- cility is not directly under the sheriff. (4) Any prisoner who willfully fails to remain within the extended limits of his or her confinement or to return within the time prescribed to the place of confinement shall be deemed an escapee from custody and shall be subject to punishment as prescribed by law. (5) Exchange for the purpose of work-release of county prisoners among other counties of the state that have im- plemented work-release programs is hereby authorized, with the concurrence of the sheriffs of the involved counties. For the purpose of this subsection, upon exchange, the prisoner shall be deemed a prisoner of the county where confined unless or until he or she is removed from extended confinement status. Prisoners from other jurisdictions, serving lawful sentences, may also be received into a county work-release program as above provided. (6) In carrying out the purpose of this section, any board of county commissioners may provide in its anhual budget for payment to the Department of Corrections out of funds collected from those being supervised such amounts as are agreed upon by the board and department to be reasonable and necessary. County judges are hereby authorized to levy $10 per month upon those supervised for purposes of paying for supervision under this act. CREDIT(S) I 1 I.-% A i•-trtnn EFTA00192647 . _ 11/25/2888 15:28 3553626 . . oitt1.L11 intsmsrue- rsoon STATE OF FLORIDA Plaintiff -VS- JEFFREY R. Defendant IN THE FIFTEENTH JUDICIAL . CIRCUIT COURT, IN AND FOR PALM BEACH COUNTY CASE NUMBER DIVISION DC NUMBER CIRCUIT NUMBER: 141HECEV22116222=§ McSORLEY "W" W35155 15-4/JAIL SWAT ORDER OF COMMUNITY CONTROL I This cause coming before the Court to be heard, and you, the defendant, being now present before the Null, and you, having entered a plea of guilty to entered a pies of nolo contendere to ❑ been found guilty by jury verdior of - El been found guilty by the court trying the ante withouta jury of Count L PROCUREPERSON UNDERAGE 9.7 1 $ FOR PRIZSTITUTION SECTION 1: JUDGMENT OF GUILT El The court hereby adjudges you to be guilty of the above ofteme(s), Now, thnekee, it is ordered and adjudged that too imposition of sentence is hereby withheld and that you be placed on Probation I fora period of—_ under the supervision of the DeparonenteCorrodone, subject to Florida law. SECTION 2? ORDER WITHHOLDING ADJUDICATION O Now, therefone, it is ordered and adjudged that the adjudication of guilt Is hereby withheld end that you be placed on Probation fora period of_ wider the supervision of the Department of Corrections, subject to Florida law. SECTION 3: INCARCERATION DURING PORTION OF SUPERVISION SENTENCE It in hereby ordered and edjudged that you be: ❑ tOmmilied 10 the DePartrount of Corrections or El confined in the County Jail fora term of with credit for jail time. After you have served of the term, you shall be placed on Probation fa a period of under the supervision of the Department ofCorrootions, subject to Florida law. 0 Page 1 of 8 or maned in the County Rill fore tens of .9.12a0liaiThlMIQSQQ;n120,1,01VED DY TWEf t (t2) MONTHS COMMUNITY CONTRQL I concunvs TO MB (12) MONTH SENTENCE IN CASE. 1008CFS0YSSAAM11 with credit for ONE MIMI' Jail time, as a spacial condition of supervision. 1YHIµ1S0 1lnObi3 14 'Winn H3,V3E W1Vd Ii)B15 51300 ilOSVHS , SS eh w 12 Ili 800E 0311J Fenn Revised 01-1I-OS EFTA00192648 11/25/2008 15:S8 1653626 ' 'amuse laalmaWL. • mum eta mo JEFFREY EPSTEIN CA SE00200SCP00938 WOCcam . . . . . . . IT IS FURTHER ORDERED that you shall comply with the following giandard candid oni of mmervIslon aaproned by Ficaida ' tees • • (I) You will report to Iho proluitiOh offiet as directed. Not later than the fifth day of each month, unless ofhervriersdireetedyou will • ' make a full ad ttulbta report io your officer on the fornf provided for that prison. •• (2) You will pay the State °Monde the amount of 350.00 per month, as well as 4% surcharge, toward tarp cod of your supervision in acordallos while; 948.09.9.8,, unless otherwise exempted in compliance with Florida Statutes. (3) You will remain in a specified place. ?Cu will not change your residence or employment or leavo the Otrilnor of your =sir= without first procuring tho consent of your officer. • • • •.,. (4) You will not possess. oany or own any firearm or weapon, unless authorized by the court. (5) You will live without violating the law. A otinviation In a court of lawahaii not be necessary for such a violation to compact° a violation of yotwprobatiodecoununity control. . . . (6) You will not associate wife any FOISOA engaged an anyerirninal activity. (7) You will not use intoxicate toexcels or possess any drugs or narcotics unless prescribed by a physician. .14or will:you visit. , places where intoxicants, drags or other dangerous substance am uniewtblly sold, dispensed or used. ' (8) You will work diligently at a lawful occupation, advise your employer of your probation status, and support any dependents to the best of your ability, as directed by your officer. (9) You MR promptly and Mahfully answer all inquiries directed to you by the cowl or the officer, and allow your officer to visit In. your hon. at your employment site or elsewhere, and you will comply with all instructions your officer moy give you: fl (*You will pay restitution, coup costs, andior fees in accordance with special conditions imposed or in accordance with the attached orders. (11)You will submit to random testing ee directed by your officer or the professional atef1 of the treatment center where he/she if receiving treatment to deurmine the presence of alcohol or illogaI drugs. You will ho required to pay for the tests unless exempt by the court. (12)You wig submit two bidogioal specimens, as directed by your office, for DNA analysis as prescribed in cc, 943.325 and 948.014. F.S. (13)You will report in person within 72 hours of your release from InearrAratIon Co the probation office in FALM 9k C'$ County, Florida, unktn otherwise instuotcd by the court or department. (This condition applies only if notion 3 on the previous page is oheokod.) Otherwise, yet must report immediately to the probation office located dr p444 SOUTH CONGIIESS_AYF.N1.14, joaltrajORTIt FL 33461 Pan 2 of 8 Form Reviacd 03.18-08 EFTA00192649 11/25/200/3 15126 'SEEM& USHUAI WINO*IL • . eirt 'Oat uo JEFFREY EPSTEIN CASEll502/108CF009MIAICaME . . . . SPECIAL CONDITIONS O 1, You must undergo a Drug and Alcohol evaluation and, if treatment is deemed per.aaary, you must successfully oternolete the treatment, and bo responsible for the payment of my coos intoned while receiving said evaluation ancltraattomu, unbar .• ' -: . -. waived by the court - . • . :• • " • • • • . . • Additional isistructiordoideredi ' . • • . • . • • • . .. O 2. You will make reditutior to the follow* viodra(s), as &toted by the omit, with the obligation is paid in full: ' • • - • • . . • . - NAME: ' . . • • • . • TOTAL AMOUNT; S . Additional instmedons ordorcd, isolating "wino monthly amount, begin date, due data, orJoiat & several:— : • • • - • :.. . . - .. • NAME: TOTAL AMOUNT; g Additional instructions ordered, including specific monthly amount, begin date, due date, or Joint & several: • - SPECIAL comartIONS — CONTINUED ❑ 3. You will oaten the Department of Carreotions Non-Seouro Drug Treatment Program or other residential treatment program/Probation and Restitution. Center to a period of successful completion a approved by your officer. You are to remain until you successfully. complete said Program add Aftercare. You are to comply with all Rules and Regulations of the Program. You shall be confined in the county jail until placement in said program, and if you are confuted in the jail, the Sheriff will %tampon you to said. rogram. ❑ 4. You will abstain entirely from the use of alcohol and/or Illegal drugs, and you will not associate with anyone to is illegally using drugs or consuming alcohol. O 5. You will submit to urinalysis testing on a inonthiv basis to determine the poison= of alcohol or. illegal thugs. You will be required to pay for the tans tattoos exnnrat by the court. O 6. You will not visitany establishment where the penury bustrass is the sale and dispensing ofakoholio beverages. O 7. You will suoosofully complete ^ hours of community scivice at a rem of at a work alto approved by your . officer. Additional Instruetiona ordered: ❑ 8, You will remain at your residencebetwcen 10 p.m, and 6 a.m. due to a curfew imposed, unless otherwise directed by the court. O 9. You will submit b tied:oak monitodog, follow the rules of electronic monitoring, and pay S pm month for the COE of the monitoring service, unless otherwise dimmed by the °Curt • • ❑ 10. You will not associate with during the period of supervision, ❑ 11. You will have no contact (direct or indirect) with the violin or the victim's family during the period of supervision. ❑ 12. You will have no connect (direct or Indirect) with during the period of supervision. ❑ 13. You will maintain full ohm employment or attend school/vocational school fun time or a combination of school/work during the term of your supervision. ❑ 14. You will make a good faith effort toward completing basic 07 fanotional literacy slcilb or a high school equivalency diploma. O 15. You will succealfully complete the Probation &Restitution Program, abiding by all rules and regulations. Page 3 oil Form Revisal 03.18-08 EFTA00192650 Il itarati 'd • J70.1O20 • (AMU! rittenti 404L' • . • JEFFREY EPSTEIN CASE1502008CF009381AZUME . • • .. O 16. You will attend Alcoholics Anonymous 07 Narcotics Anonymous meetings at least monthly, unless otherwise directed • - by the oems. • • '• • • • • • . . O 1T. You must anceessfully complete Anew ManatemeM, and be responsible for the payment of any coats incurred while receiving said treatment, 1110C33 waived if convicted of a Domestic Violence offense, as defined in s. 74).28, F.S., yeti. must attend and successfully complete a bitterer's interrontiou program, unless otherwise directed by the: • • Additional Inatmodoniorderod: . . • .• 18. You will attend en HIV/A1DS AWIlitix3SPrograuticopsistIng of a class of not less than two (2) hours or moo than four (4) boors in loagth, the cat for which ivilibepeild by you, • ' • O 19. You shall submit your person, property, place of rmidcnce, vehicle of personal effects to a warrantless seaMt at any dine, by any probation or community control officer or any law emforeement oftloer. • 20, DEFENDANT MUST REGISTER -AS•A SEXUAL OFFENDER WITHIN 48 HOURS OF RELEASE • O 21. 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 •• O 22. THE DEFENDANT IS DESIGNATED AS A SEXUAL OFFENDER PURSUANT TO FLORIDA STATUTE • 943.05 AND MUST ABIDE BY ALL THE CORRESPONDING REQUIREMENTS OF THE STATUTE, A • • COPY or WHICH is ATTACHED HERETO AND INCORPORATED HEREIN 0 23. DEFENDANT SIUSTPROVIDF, A DNA SAMPLE IN COURT AT THE TIME Or THIS PLEA. O 24, SPECIFIED CONTACT WITH THE PAROLE AND PROBATION OFFICER • O 25. CONFINEMENT TO AN AGREED -UPON RESIDENCE DURING HOURS AWAY FROM EMPLOYMENT AND PUBLIC SERVICE AellvITIZS O 25, MANDATORY PUBLIC SERVICE O 26. SUPERVISION, BY THE DEPARTMENT OF CORRECTIONS BY MEANS OF -AN ELECTRONIC MONITORING DEVICE OR SYSTEM • 27, ELECTRONIC MONITORING 24 HOURS PER DM' O 28.. CONFINEMENTTO A DESIGNATED RESIDENCE DURING DESIGNATED HOURS AND, IF PLACED ON DRUB OFFENDER PROBATION, YOU WILL COMPLY WITH THE FOLLOWING CONDITION . OF SUPERVISION IN ADDITION TO THE STANDARD CONDITIONS LISTED ABOVE AND ANY OTHER SPECIAL CONDITIONS ORDERED BY THE COURT: ; • • (14)You will participate is a specialized drug treatment program, either as at inpatient or outpatient, as reconuntroded by the treatment provider. You will attend all counseling Kai= submit to random urinalysis and, Han impatient, you will comply with all operating rules, regulation' end procedures of the t;catment facility. You will pay for all casts associated•with treatment and testing unless otherwise directed. Additional instructions ordered: ❑ (15) You will remain at your residence between • pin. and a.m. duo to a curfew Imposed, union otherwise 0 directed by the court AND, IF PLACED ON COMMUNITY CONTROL, YOU WILL COMPLY WITH THE FOLLOWING CONDITIONS, IN ADDITION TO TEE STANDARD CONDITIONS LISTED ABOVE AND ANY OTHER SPECIAL COMMONS ORDERED BY THE COURT: Page 4 of 8 Form Revised 03.48-08 EFTA00192651 . . . . . . • 11 /25/213130 1 5: 213 ' 3553626 ' ' . Menu s ancimamt. • • obi DO " '- : JEFFREY EPSTEIN CASEe502008CF009381AX3004B (14)You will report to your officer• tut direcred.ithmaibnetline a:Thiele, unless you bawl velum) consentothetWise- • (15)You will remain confuted to your approved residence except for one half hour before and after your approved employment,. ' . Public service work, or any other mead activities approved by your ofiteet, 416)You will maidens an hourly accounting of all your activities on a dally leg, you will submit toyour saw on, request • (7)1'w wN successfully complete hours of community service at s ram of , at a work site approved by your Officer. Additional inatmedotra ordered•:. . ; ' . . (18) You will nabadt to electronic monitoring, follow the Met of oloctronie monitoring, and pay S per month . 0 for the cost of the monitoring service, micas otherwise directed by the court . . AND, IF PLACED ON Ba.7f 0 BE PROVIDED D4 CRAFTER 2921., t. 80506, a. Itri.frii, or sp47,0145, COMMITTED ON OR Arrn OCTOBER 1.1995 YOU WILL COMPLY WITH TEE FOLLOWING STANDARD) SAX OFFENDER CONDMONS, IN ADDITION TO THE STANDARD cOND/TIONS -LISTED ABOVE AND ANY OTICER SPECIAL CONDITIONS ORDERED BY TETE COURT: . (14)A mandatory otufbw from 10 p.m, to 6 s•rtt. The court may designate. another 8-hour period- if the o Modes employment precludes the above specified dine, and the alternative is recommended by the Department of Corrections. If the court determines that imposing a curfew would endanger the victim, the court 'may consider alternative ;auction (15) If the wietim was under the age of 18, a prohibition on living within 1,000 feet of a school, day care center, perk. playground. or other place where childroo regularly congregate, as prescribed by the court The 1,000-foot distance shall be measured .in a straight line from the offender's place °treads= to the nearest botmdary line of the reboot day care center, park. Playground. Or other place where childrencongregate. The distance may cot be measured by a pedestrian route or automobile mute. 0 6).AotIve participation in and successful completion of a sex. offender transient program with qualified practitioners, specifically trained to treat sex offender's, at the offender's own expensed( a qualified practitioner is not available within a 50-mile radius of the offender's residence, the offender shall participate In other appropriate therapy. (17)A prohibition on any sonnet with the victim, directly or indireotly, looluding through a third person, unless approved by the victim, the offender's therapist, and the sentencing court. - (18)If the victim was under the ago of 18, a prohibition on contact with a child under the age of 18 except as provided in this paragraph. The court may approve supervised contest with. a child under the ago of 18 it the approval is based upon a recommendation for con= issued by a qualified proodtioner who is basing the recommendation on a tick assessment Further, the am offender roust be currently enrolled in or have successfully completed a sex offender therapy program, The court may not grant supervised Goatees with a child if the contact is not recommended by a qualided practitioner and may deny 'supervised contact with a child at any the, • • . • (19)If the victim was under ego 18, a prohibition on working for pay or as is volunteer at {sty place where children regularly oongregtue, including, bat not limited to any wheel, day one center, pork, Playground, pot store, library, zoo, ltetne park, or mall. .(20)Unieet otherwise indicated in the treatment plan provided by.the sexual offender treatment program, a prohibition on viewing, accessing, owning, or possessing any obscene, pornographic, or sexually stimulating visual or auditory material, including telephone, electronic media, computer programs, or computer services that are relevant to the offender's deviant behavior mittens. (21)A requirement that the offender submit two apecimeng of blood or other approved biological specimens to the Florida Department of LaW Enforcement to be registered with the DNA data bank. (22)A requirement that the offender make restitution to the victim, as ordered by the court under s. 775.089, ibr slim:maw medical and related professional services relating to physical, prychletrie, and psychological cart. (23)Submission to a warrantless search by the community COMOl or probation officer of the offender's person, residence, or vehicle. Pag