Villafana, Ann Marie C. (USAFLS)

Villafana, Ann Marie C. (USAFLS) From: Richards, Jason R. (FBI) Sent: Tuesday, June 17, 2008 10:45 AM To: Villafana, Ann Marie C. (USAFLS) Subject: Re: Call -- Urgent! Hi Marie, I have Mike's support for the New York trip (funding may be an issue though). I have the request prepared but need to add dates of travel when we get them. Talk to you later. Original Message From: Villafana, Ann Marie C. (USAFLS) <[email protected]> To: Sloman, Jeff (USAFLS) Cc: Atkinson, Karen (USAFLS) Sent: Fri Jun 13 15:06:07 2008 Subject: FW: Call -- Urgent! Jeff -- Someone really needs to talk to Barry. I am happy to do so, if you want, and I will be very nice about it. Original Message From: Atkinson, Karen (USAFLS) Sent: Friday, June 13, 2008 3:03 PM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Call He got a strange voice mail from Barry K which the deal was 60 days--he was calling him back to say that is not the deal and the defense knows the deal as does his ASA. So they should do what they want and if it is not in accordance with our agreement we will do whatever we have to do. Original Message From: Villafana, Ann Marie C. (USAFLS) Sent: Friday, June 13, 2008 2:52 PM To: Atkinson, Karen (USAFLS) Subject: RE: Call Can you give Rolando the heads up so he doesn't do something unexpected? Original Message From: Atkinson, Karen (USAFLS) Sent: Friday, June 13, 2008 2:23 PM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Call Are you coming back home? 949 EFTA00193199 Recipient Acosta, Alex (USAFLS) Sloman, Jeff (USAFLS) Senior, Robert (USAFLS) Andnson Karen (USAFLS) Garda, Rolando (USAFLS) Richards, Jason R. (FBI) Kuyikendall : E N. (FBI) Kirkpatrick, Lynn (USAFLS) Read Read: 6117/2008 11:54 AM Read: 6/17/2008 11:09 AM Read: 6/17/2008 11:29 AM Read: 6/17/2008 1:50 PM Read: 6/171200811:11 AM 948 EFTA00193200 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Tuesday, June 17, 2008 2:46 PM To: Richards, Jason R. (FBI); Kuyrkendall, E N. (FBI) Subject: Marina Hi guys — sorry to bother you, but I need this info about Marina asap so I can get the paperwork down to Miami. Thanks. Birth Date of Witness: FBI I.D. No.: Birthplace: Social Security No.: Alias: Address of Witness: Also, do you have the name and number of the AUSA in New York? I want to run this by him/her first. Thanks. A. Marie Villafaffa Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 946 EFTA00193201 Fax 561 820-8777 945 EFTA00193202 Villafana, Ann Marie C. (USAFLS) From: Richards, Jason R. (FBI) Sent: Tuesday, June 17, 2008 3:00 PM To: Villgana, Ann Marie C. (USAFLS) Subject: Re: Marina Unfortunately, the only info we have for marina is her address. Source info indicates she's from Brazil. There are numerous name matches in ice records. We need to review the a files of the ones that match closest to determine her dob and soc. Any way we could get those particulars through her attorney?(Needed for travel arrangements?) Original Message From: Villafana, Ann Marie C. (USAFLS) <[email protected]> To: Richards, Jason R.; Kuyrkendall, E N. Sent: Tue Jun 17 14:45:31 2008 Subject: Marina Hi guys - sorry to bother you, but I need this info about Marina asap so I can get the paperwork down to Miami. Thanks. Birth Date of Witness: FBI I.D. No.: Birthplace: Social Security No.: Alias: Address of Witness: Also, do you have the name and number of the AUSA in New York? I want to run this by him/her first. Thanks. A. Marie Villafaha Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 944 EFTA00193203 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Tuesday, June 17, 2008 4:01 PM To: 'Brendan White' Cc: Odell, Karen (USAFLS); Ball, Shawn (USAFLS) Subject: Grand Jury Appearance Attachments: Signed Lacerda Subpoena.pdf Dear Brendan: I have attached the revised grand jury subpoena along with the list of documents and items that I am hoping Ms. Lacerda can bring with her to the grand jury. I have put 10:30 as the time for the appearance, but our grand jury coordinator will give us a more specific time when we are closer to the date. I also am preparing the paperwork requesting immunity, and I need to include the following information: Birth Date of Witness: FBI I.D. No.: Birthplace: Social Security No.: Alias: Address of Witness: I think we will need the same information to do the travel expense authorization, and I would ask that you provide that information to me at your earliest convenience. I do not expect that Ms. Lacerda has an FBI I.D. No. or an alias, but if she does, please include those. If I receive approval for immunity, would you consider meeting with me and the agents in New York next week rather than traveling to Florida on July 1m for the grand jury? If you are amenable to that suggestion, please let me know what days and times you and Ms. Lacerda are available. Thank you for your assistance. A. Marie Villafaffa Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 943 EFTA00193204 Recipient Sloman, Jeff (USAFLS) Road Read: 6117/2008 4:15 PM 942 EFTA00193205 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Tuesday, June 17, 2008 4:02 PM To: Sloman, Jeff (USAFLS) Subject: Roy and JE Hi Jeff— Well, Roy took your message to mean that he should call Rolando. Rolando is out of the office, so there hasn't been any communication. Karen and 1 may call Roy later today or Rolando is going to call him back and tell him to call me. A. Marie Villafaila Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Tracking: 941 EFTA00193206 IFax 561 820-8777 940 EFTA00193207 Villafana, Ann Marie C. (USAFLS) From: Brendan White [email protected]] Sent: Tuesday, June 17, 2008 4:43 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Re: Grand Jury Appearance Dear Ms. Villafana: I have a call in to Ms. Lacerda for the requested information. I will contact you once I have it. One concern: I have an appearance In New York State court on Wednesday morning, July 2nd. Will we be able to wrap things up in one day, or would it make sense to pick another date? Let me know what you think. Thanks, Brendan White — Original Message ---- From: Villafana. Ann Marie C. (USAFLSI To: Brendan White Cc: Odell, Karen (USAELS1; Ball. Shawn fUSAFLS1 Sent: Tuesday, June 17, 2008 4:01 PM Subject: Grand Jury Appearance Dear Brendan: I have attached the revised grand jury subpoena along with the list of documents and items that I am hoping Ms. Lacerda can bring with her to the grand jury. I have put 10:30 as the time for the appearance, but our grand jury coordinator will give us a more specific time when we are closer to the date. I also am preparing the paperwork requesting immunity, and I need to include the following information: Birth Date of Witness: FBI I.D. No.: Birthplace: Social Security No.: Alias: Address of Witness: I think we will need the same information to do the travel expense authorization, and I would ask that you provide that information to me at your earliest convenience. I do not expect that Ms. Lacerda has an FBI I.D. No. or an alias, but if she does, please include those. If I receive approval for immunity, would you consider meeting with me and the agents in New York next week rather than traveling to Florida on July 1* for the grand jury? If you are amenable to that suggestion, please let me know what days and times you and Ms. Lacerda are available. Thank you for your assistance. A. Marie VillafaHa Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 939 EFTA00193208 Social Security No.: Alias: Address of Witness: I think we will need the same information to do the travel expense authorization, and I would ask that you provide that information to me at your earliest convenience. I do not expect that Ms. Lacerda has an FBI I.D. No. or an alias, but if she does, please include those. If i receive approval for immunity, would you consider meeting with me and the agents in New York next week rather than traveling to Florida on July Id for the grand jury? If you are amenable to that suggestion, please let me know what days and times you and Ms. Lacerda are available. Thank you for your assistance. 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 938 EFTA00193209 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Tuesday, June 17, 2008 4:44 PM To: Brendan White Subject: RE: Grand July Appearance Dear Mr. White: If we go forward with the grand jury rather than meeting in New York, I will make certain that you are finished by the early afternoon on July I g. Thank you. A. Marie Villafatla Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Reach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Brendan White [mallto:[email protected]] Sent: Tuesday, June 17, 2008 4:43 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Re: Grand Jury Appearance Dear Ms. Villafana: I have a call in to Ms. Lacerda for the requested information. I will contact you once I have it. One concern: I have an appearance in New York State court on Wednesday morning, July 2nd. Will we be able to wrap things up in one day, or would it make sense to pick another date? Let me know what you think. Thanks, Brendan White ---- Original Message ---- From: Villafana, Ann Marie C. (USAFLSI To: Brendan White Cc: Odell, Karen (USAFLS) ; Ball Shawn (USAFLS) Sent: Tuesday, June 17, 2008 4:01 PM Subject: Grand Jury Appearance Dear Brendan: I have attached the revised grand jury subpoena along with the list of documents and items that I am hoping Ms. Lacerda can bring with her to the grand jury. I have put 10:30 as the time for the appearance, but our grand jury coordinator will give us a more specific time when we are closer to the date. I also am preparing the paperwork requesting immunity, and I need to include the following information: Birth Date of Witness: FBI I.D. No.: Birthplace: 937 EFTA00193210 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Wednesday, October 15, 2008 9:46 AM To: [email protected] Subject: RE: FW: Request for Written Staff Opinion ATTN Elizabeth Clark Tarbert Attachments: image001.gif Dear Ms. Tarbert — Is there any update on my Ethics inquiry of September 18d17 We have located additional victims and I would like to send notifications to them. Thank you. A. Marie Villafafia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: MAIL [mallto:[email protected]] on Behalf Of Ethics Opinions Sent: Monday, September 29, 2008 1:33 PM To: villafana, Ann Marie C. (USAFLS) Subject: Re: FW: Request for Written Staff Opinion ATTN Elizabeth Clark Tarbert Dear Ms. Villafana: Thank you for re-sending the inquiry. Most inquiries receive a reply within 3-5 weeks. Sincerely, Elizabeth Clark Tarbert Ethics Counsel "Villafana, Ann Marie C. (USAFLS)" <Ann.Marie.C.Villafana®usdoj.gov> on 09t29/2008 12:05:05 PM To: "Ethics Opinions" <etopinion®flabar.org> ce: Subject: FW: Request for Written StatTOpinion ATTN Elizabeth Clark Tarbert Staff: Dear Ms. Tarbert — Here is my earlier e-mail. Thank you. A. Marie Villafafia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 1 EFTA00193211 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Villafana, Ann Marie C. (USAFLS) Sent: Thursday, September 18, 2008 7:21 PM To: [email protected] Cc: Atkinson, Karen (USAFLS); Lee, Dexter (USAFLS) Subject: Request for Written Staff Opinion Dear Sir or Madam: Please see the attached correspondence. Thank you for your assistance. <<Florida Bar Ltr re Ethics Opinion.pdf» <<Final Victim Notification — Sample.pdf>> <<Final Victim Notification Represented Sample.pdf>> A. Marie Villafafla Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777(See attached file: Florida Bar Dr re Ethics Opinion.p4B(See attached file: Final Victim Notification —Sample.pd)(See attached file: Final Victim Notification Represented Sample.pdfi 2 EFTA00193212 partment 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 July 2008 NOTIFICATION OF IDENTIFIED VICTIMS On June 30, 2008, Jeffrey Epstein (hereinafter referred to as "Epstein) entered a plea of guilty to violations of Florida Statutes Sections 796.07 (felony solicitation of prostitution) and 796.03 (procurement of minors to engage in prostitution), in the 15th Judicial Circuit in and for Palm Beach County (Case Nos. 2006-cf-009495AXXXMB and 2008- ) and was sentenced to a term of eighteen months' imprisonment to be followed by years of probation. In light of the entry of the guilty plea and sentence, and pursuant to the terms of the deferred prosecution agreement between Epstein and the United States Attorney's Office for the Southern District of Florida (hereinafter referred to as "the Office"), the Office hereby provides notice to Epstein that the following is a list of individuals whom the Office was prepared to name as victims in an Indictment charging Epstein with violations of federal statutes enumerated in Title 18, United States Code, Section 2255 (hereinafter referred to as "identified individuals"). The terms of the deferred prosecution agreement provide that the identified individuals shall have the same right to seek damages pursuant to Title 18, United States Code, Section 2255, as they would have had if Mr. Epstein had been tried and convicted of those enumerated offenses in a federal court. Section 2255 provides, in relevant part: Any person who, while a minor, was a victim of a violation of section . . . 2422, or 2423 of this title and who suffers personal injury as a result of such violation, regardless of whether the injury occurred while such person EFTA00193213 NOTIFICATION OF IDENTIFIED VICTIMS JULY 2008 PAGE 2 OF 3 was a minor, may sue in any appropriate United States District Court and shall recover the actual damages such person sustains and the cost of the suit, including a reasonable attorney's fee. Any person as described in the preceding sentence shall be deemed to have sustained damages of no less than $150,000 in value. Thus, pursuant to the deferred prosecution Agreement between the Office and Epstein, the Office hereby provides Notice to the identified individuals that each of them is a person who, while a minor, was a victim of a violation of an offense enumerated in Tide 18, United States Code, Section 2255, committed by Epstein. The Office further provides Notice to the identified individuals that, pursuant to the Agreement between the Office and Epstein, a copy of this document may be introduced in a judicial proceeding between any such identified individual and Epstein, and that any judicial authority interpreting this Notification, including any authority determining what evidentiary burdens, if any, a plaintiff must meet, shall consider that it is the intent of Epstein and the Office to place the identified individuals in the same position as they would have been had Epstein been convicted of those federal offenses. Identified Individuals Jane Doe #1 Jane Doe #2 Jane Doe #3 Jane Doe #4 Jane Doe #5 Jane Doe #6 Jane Doe #7 Jane Doe #8 Jane Doe #9 Jane Doe #10 Jane Doe #11 Jane Doe #12 Jane Doe #13 Jane Doe #14 Jane Doe #15 Jane Doe #16 Jane Doe #17 Jane Doe #18 Jane Doe #19 Jane Doe #20 Dated: By: Jane Doe #21 Jane Doe #22 Jane Doe #23 Jane Doe #24 Jane Doe #25 Jane Doe #26 Jane Doe #27 Jane Doe #28 Jane Doe #29 Jane Doe #30 R. ALEXANDER ACOSTA UNITED STATES ATTORNEY A. MARIE VILLAFARA ASSISTANT U.S. ATTORNEY ACKNOWLEDGEMENT I have received this Notification from my attorney, Roy Black, Esquire, have read EFTA00193214 NOTIFICATION OF IDENTIFIED VICTIMS JULY , 2008 PAGE 3 OF 3 it and discussed it with my attorney, and I hereby acknowledge that it accurately sets forth my understanding and agreement with the Office of the United States Attorney for the Southern District of Florida. I understand that an exact copy of this Notification will be provided to each identified individual, except that the names of all other identified individuals will be redacted, and I hereby waive any evidentiary challenges to the introduction of a copy of this document —even in redacted form—in any judicial proceeding between any identified individual and myself. Dated: Jeffrey Epstein Witnessed by: Roy Black, Esquire EFTA00193215 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Thursday, June 19, 2008 4:45 PM To: Krischer, Barry (LEO) Cc: Atkinson, Karen (USAFLS) Subject: Epstein Case Dear Barry: I just wanted to let you know that Karen and I spoke with Roy Black yesterday regarding the Epstein case. Roy asked whether there was a way to resolve the federal and state litigation simultaneously and mentioned your desire to wrap up the case before you retired. We informed him that the Office's position is that if Epstein promptly abides by the terms of the signed non-prosecution agreement entered into by the Office and Mr. Epstein, we will end our investigation. If Mr. Epstein chooses to go forward with a different plea in the State, that is his prerogative, but we will consider it a breach of the federal non-prosecution agreement and will proceed accordingly. The federal non-prosecution agreement signed by Mr. Epstein and his counsel requires Mr. Epstein to plead guilty to the current state indictment and also to an information charging a state offense that requires sex offender registration, specifically the charge of procuring minors to engage in prostitution, at least 18 months imprisonment, and an agreement that the victims can pursue damages claims as though Mr. Epstein had been convicted of the federal offenses. Our agreement does not address probationary periods following the term of incarceration. Those are statutorily set on the federal side, so we have left that issue to the defense to negotiate with you. If you have any questions, please let me know. A. Marie Villafafia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Tracking: 885 EFTA00193216 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Tuesday, August 12, 2008 9:08 AM To: Roy BLACK Subject: RE: Jeffrey Epstein Roy, thank you for your response and your assistance. I will forward your request to Dexter Lee, who is representing the United States in the civil suit. Can you please ask Jack Goldberger to send me an exact copy of what was filed under seal in the state court? I want to insure that all of us are presenting the same packet of documents as the final agreement. Regards, Marie A. Marie Villafaha Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Original Message From: Roy BLACK [mailto:[email protected]] Sent: Monday, August 11, 2008 11:40 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Jeffrey Epstein Marie: I have conferred with the lawyers on the team. They all thank you for agreeing to oppose any disclosure of the 9/24/07 agreement. We firmly believe this document is not discoverable in the civil cases. However if the court rules against you on this we request that you further ask that any disclosure be subject to a strong protective order prohibiting dissemination to anyone except counsel to the petitioners. We are particularly concerned because civil lawyers are more apt to publicize something like this than those of us who litigate on the criminal side of the docket. You may recall one lawyer standing on the bridge to palm beach railing over his misconceptions of the case. This is the typical vehicle they use to get more plaintiffs. You had also asked what documents were disclosed in the state court. As part of counsels obligation to fully disclose any promises or inducements which led to the plea agreement, the 9/24/07 agreement was filed with the court. It was filed under seal. Once again I want to re-assure you that Mr. Epstein and his counsel intend to stand by their agreements. If you or anyone in the USAO have any concern about a possible breach please call or email me again so we can discuss any dispute or misunderstanding and allay any concerns. Thanks again. Roy Tracking: 283 EFTA00193217 Villafana, Ann Marie C. (USAFLS) From: Villatana, Ann Marie C. (USAFLS) Sent: Tuesday, August 12, 2008 11:12 AM To: Lanna Belohlavek Subject: Epstein Ili Lanna — Sorry to he a bother, but we need to file our response with the Court this week, so 1 really need a copy of what was filed in your case and also the procedures to obtain the transcript of the change of plea hearing. Thank you. A. Marie Villain& Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 282 EFTA00193218 Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 281 EFTA00193219 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Tuesday, August 12, 2008 11:37 AM To: Atkinson, Karen (USAFLS) Subject: FW: Non-Prosecution Agreement in Epstein Case It looks like they only filed the original September agreement not either of the addenda. A. Marie Villafaila Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, Fl. 33401 Phone 561 209-1047 Fax 561 820-8777 From: Lanna Belohlavek [mailto:[email protected]) Sent: Tuesday, August 12, 2008 11:35 AM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Non-Prosecution Agreement in Epstein Case Marie The 7 page agreement was filed under seal with the attached signature pages. As to a transcript, you would have to contact court administration and arrange for that together with payment. Good luck. From: Villafana, Ann Marie C. (USAFLS) [mailto:[email protected]] Sent: Tuesday, July 01, 2008 11:51 AM To: Lanna Belohlavek Cc: Atkinson, Karen (USAFLS) Subject: Non-Prosecution Agreement in Epstein Case Ili Lanna — I am attaching the agreement, with addenda, for filing with the Court under seal. We also noticed a couple of "misstatements" during the change of plea and wanted to call them to your attention. First, the Division of Corporations' documents show that the Florida Science Foundation was incorporated in November 2007, not a "couple of years ago" as reported by Mr. Epstein. The address provided for the "office" of the Florida Science Foundation is Jack Goldberger's office suite, and neither the office building directory nor the office suite door reflects that such a business is located there, and neither the security guard nor any building tenant that FBI questioned knows of the existence of such a business. And, of course, Mr. Epstein could not have been working there "every day" when he hasn't been in Palm Beach County in the past six months. We will leave it to your discretion as to whether this should be brought to the Court's attention. «Epstein Agrmt001.pdf» A. Marie Villafafla 280 EFTA00193220 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Tuesday, August 12, 200812:07 PM To: Roy BLACK Subject: RE: Jeffrey Epstein Hi Roy -- Can you give me a call? We need to discuss something. A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Original Message From: Roy BLACK [mailto:[email protected]] Sent: Monday, August 11, 2008 11:40 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Jeffrey Epstein Marie: I have conferred with the lawyers on the team. They all thank you for agreeing to oppose any disclosure of the 9/24/07 agreement. We firmly believe this document is not discoverable in the civil cases. However if the court rules against you on this we request that you further ask that any disclosure be subject to a strong protective order prohibiting dissemination to anyone except counsel to the petitioners. We are particularly concerned because civil lawyers are more apt to publicize something like this than those of us who litigate on the criminal side of the docket. You may recall one lawyer standing on the bridge to palm beach railing over his misconceptions of the case. This is the typical vehicle they use to get more plaintiffs. You had also asked what documents were disclosed in the state court. As part of counsels obligation to fully disclose any promises or inducements which led to the plea agreement, the 9/24/07 agreement was filed with the court. It was filed under seal. Once again I want to re-assure you that Mr. Epstein and his counsel intend to stand by their agreements. If you or anyone in the USAO have any concern about a possible breach please call or email me again so we can discuss any dispute or misunderstanding and allay any concerns. Thanks again. Roy 279 EFTA00193221 Recipient Read Acosta. Alex (USAFLS) Read: 8/12/2008 4:57 PM Sloman, Jeff (USAFLS) Read: 8/12/2008 3:24 PM Senior, Robert (USAFLS) Read: 8/12/2008 3:32 PM Atkinson, Karen (USAFLS) Lee, Dexter (USAFLS) Read: 8/12/2008 3:21 PM Kuytkendall, E N. (FBI) Richards, Jason R. (FBI) 278 EFTA00193222 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Tuesday, August 12, 2008 3:19 PM To: Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS); Senior, Robert (USAFLS); Atkinson, Karen (USAFLS); Lee, Dexter (USAFLS) Subject: Tein's Reply Brief in the Epstein civil litigation The clerk's office finally unsealed Tein's reply brief in the Epstein civil litigation. While the agreement was not filed with the court, Tein quotes extensively from the agreement. He also describes the agreement as "a highly unusual and unprecedented deferred-prosecution agreement." I still have not heard back from Roy Black regarding the agreement that the defense filed with the state court. rk DE38_080812_R ply re Motn to S. A. Marie Villafafia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Tracking: 277 EFTA00193223 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Tuesday, August 12, 2008 3:42 PM To: Roy BLACK Subject: Call Hi Roy — Karen is tied up until 4:15. Can we call you then? Or would you like to call us? A. Marie Villafaila Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 276 EFTA00193224 Villafana, Ann Marie C. (USAFLS) From: Roy BLACK ([email protected]] Sent: Tuesday, August 12,2008 3:45 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Re: Call Ok. I will call at 4:15 your time. Original Message From: "Villafana, Ann Marie C. (USAFLS)" <[email protected]> To: Roy BLACK <[email protected]> Sent: 8/12/2008 3:42:04 PM Subject: Call Hi Roy - Karen is tied up until 4:15. Can we call you then? Or would you like to call us? A. Marie Villafaha Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 275 EFTA00193225 Recipient Read Senior. Robert (USARS) Read: 8/12/2008 4:55 PM 274 EFTA00193226 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Tuesday, August 12, 2008 3:55 PM To: Senior, Robert (USAFLS) Subject: Call with Roy Black Ili Bob — Karen and I are doing a conf call with Roy at 4:15. Can you give me a call before then? Thanks. A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Tracking: 273 EFTA00193227 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Tuesday, August 12, 2008 4:28 PM To: Roy BLACK Cc: Atkinson, Karen (USAFLS) Subject: Full Agreement Hi Roy — This is what I have provided to Lanna as representing the full agreement and it is what I have described in my Declaration with the Court. Epstein Agrmt001.pdf Thank you. A. Marie Villafafia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401.Phone 561 209-1047 Fax 561 820-8777 272 EFTA00193228 Recipient Read Senior, Robert (USAFLS) Read: 8/1212008 4:59 PM 271 EFTA00193229 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Tuesday, August 12, 2008 4:58 PM To: Senior, Robert (USAFLS) Subject: RE: Call with Roy Black Uggghhhh. Well, come join mc in the upside-down world where Roy Black is our only hope of sanity. A. Marie Villafaila Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Senior, Robert (USAFLS) Sent: Tuesday, August 12, 2008 4:57 PM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Call with Roy Black Just got out of a 2 Yz hour meeting with DEA. It made me want to work on Epstein. From: Villafana, Ann Marie C. (USAFLS) Sent: Tuesday, August 12, 2008 3:55 PM To: Senior, Robert (USAFLS) Subject: Call with Roy Black Hi Bob — Karen and I are doing a conf call with Roy at 4:15. Can you give mc a call before then? Thanks. A. Marie VillafaHa Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Tracking: 270 ; EFTA00193230 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Wednesday, August 13, 2008 10:22 AM To: Senior, Robert (USAFLS); Sloman, Jeff (USAFLS); Atkinson, Karen (USAFLS) Cc: Kuyrkendall, E N. (FBI); Richards, Jason R. (FBI) Subject: Fw: Article Attachments: E.pdf I am at the dentist but thought you might enjoy today's Palm Beach Post. No word back from Roy Black yet. Original Message From: Yera, E.J. (USAFLS) To: Villafana, Ann Marie C. (USAFLS) Sent: Wed Aug 13 10:11:52 2008 Subject: Article «E.pdf» 269 EFTA00193231 Recipient Roy BLACK Atkinson. Karen (USAFLS) Senior. Robert (USAFLS) Sloman. Jeff (USAFLS) Lee, Dexter (USAFLS) Read Read: 8/13/2008 3:29 PM Read: 8/1312008 3:49 PM Read: 8/13/2008 3:31 PM 268 EFTA00193232 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Wednesday, August 13, 2008 3:28 PM To: Roy BLACK Cc: Atkinson, Karen (USAFLS) Subject: Jeffrey Epstein Dear Roy — Judge Marra has set us for a status conference tomorrow afternoon in Jane Doe'. United States. Given Judge Marra's past rulings, I anticipate that he may order us to turn over the agreement, so we need to get this issue resolved today, if at all possible. Thank you, Marie A. Marie Villafaila Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Tracking: 267 EFTA00193233 Villafana, Ann Marie C. (USAFLS) From: Jay Lefkowitz [JLefkowitz©kirkland.com] Sent: Wednesday, August 13, 2008 4:40 PM To: Villafana, Ann Marie C. (USAFLS) Marie - Are you reachable? Thanks -- Jay The information contained in this communication is confidential, may be attorney -client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to [email protected], and destroy this communication and all copies thereof, including all attachments. 266 EFTA00193234 Recipient Road Sloman, Jeff (USAFLS) Read: 8/13/2008 4:51 PM Senior. Robert (USAFLS) Read: 8/13/2008 5:00 PM 265 EFTA00193235 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Wednesday, August 13, 2008 4:47 PM To: Sloman, Jeff (USAFLS); Senior, Robert (USAFLS) Subject: FW: From Jay Lefkowitz Jay left a voiccmail, too. Ile is following up on my communications with Roy. Karen and I will call him back. A. Marie VIIlafaila Assistant ll.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, Ft. 33401 Phone 561 209-1047 Fax 561 820-8777 From: Jay Lefkowitz [mallto:[email protected]] Sent: Wednesday, August 13, 2008 4:40 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Marie - Are you reachable? Thanks Jay The information contained in this communication is confidential, may be attorney -client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmasterekirkland.com, and destroy this communication and all copies thereof, including all attachments. *************** ********* **IV** ********* ******** ******* ***** Tracking: 264 EFTA00193236 Villafana, Ann Marie C. (USAFLS) From: Acosta, Alex (USAFLS) Sent: Wednesday, August 13, 2008 6:03 PM To: Atkinson, Karen (USAFLS); Senior, Robert (USAFLS); Sloman, Jeff (USAFLS); Lee, Dexter (USAFLS) Cc: Villafana, Ann Marie C. (USAFLS) Subject: Re: Epstein This is why we need to get agreement on the final version of the agreement. Original Message From: Atkinson, Karen (USAFLS) To: Acosta, Alex (USAFLS); Senior, Robert (USAFLS); Sloman, Jeff (USAFLS); Lee, Dexter (USAFLS) Cc: Villafana, Ann Marie C. (USAFLS) Sent: Wed Aug 13 17:39:51 2008 Subject: Epstein Marie and I just got off the phone with Jay-he is not on the civil case. After discussing the hearing for tomorrow and being told that if we had to supply the agreement it would be all three documents he again said that we should talk because that was not their view of the agreement. He said a unilateral change in the agreement in the letter from Alex (although he knew that Alex did not want to hurt Jeffery) could not change the terms of the agreement and put Jeffery in a worse position. Marie pointed out that the letter sent to the victims and approved by Goldberger and others quoted from that letter. He said he had not seen it so Marie is sending him the paperwork. It seems clear that they want all the advantages in subsequent agreements and none of the disadvantages. He thinks this is like a Chinese menu family style—pick and chose what you want from columns A & B. Back to wiretaps! ! 263 EFTA00193237 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Wednesday, August 13, 2008 6:09 PM To: Sloman, Jeff (USAFLS); Acosta, Alex (USAFLS); Atkinson, Karen (USAFLS) Cc: Richards, Jason (BOP); Nesbitt Kuyrkendall ([email protected]) Subject: Tein Ltr 080717.pdf Hi all — I just faxed out the letter, here is the electronic version with the fax confirmation sheets. Tein Ltr 080717.pdf 262 EFTA00193238 Villafana, Ann Marie C. (USAFLS) From: Senior, Robed (USAFLS) Sent: Wednesday, August 13, 2008 6:09 PM To: Atkinson, Karen (USAFLS); Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS); Lee, Dexter (USAFLS) Cc: Villafana, Ann Marie C. (USAFLS) Subject: RE: Epstein OK, so now it has been flushed out and we can deal with it directly. We need to get this formally resolved. Marie/Karen, let's discuss tomorrow morning. From: Atkinson, Karen (USAFLS) Sent: Wednesday, August 13, 2008 5:40 PM To: Acosta, Alex (USAFLS); Senior, Robert (USAFLS); Sloman, Jeff (USAFLS); Lee, Dexter (USAFLS) Cc: Villafana, Ann Marie C. (USAFLS) Subject: Epstein Marie and I just got off the phone with Jay-he is not on the civil case. After discussing the hearing for tomorrow and being told that if we had to supply the agreement it would be all three documents he again said that we should talk because that was not their view of the agreement. He said a unilateral change in the agreement in the letter from Alex (although he knew that Alex did not want to hurt Jeffery) could not change the terms of the agreement and put Jeffery in a worse position. Marie pointed out that the letter sent to the victims and approved by Goldberger and others quoted from that letter. He said he had not seen it so Marie is sending him the paperwork. It seems clear that they want all the advantages in subsequent agreements and none of the disadvantages. He thinks this is like a Chinese menu family style—pick and chose what you want from columns A & B. Back to wiretaps! I 261 EFTA00193239 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Wednesday, August 13, 2008 6:12 PM To: Sloman, Jeff (USAFLS); Senior, Robert (USAFLS); Acosta, Alex (USAFLS); Atkinson, Karen (USAFLS) Subject: Letter to Jay Lefkowitz Here is the correspondence that I just faxed to Jay. Bob — Karen and I will call you tomorrow morning before we speak with Jay. Lefkowitz 080813008.pdf A. liar& Viffafafia Assistant 5. Attorney 561 209-1047 260 EFTA00193240 Villafana, Ann Marie C. (USAFLS) From: Sent: To: Cc: Subject: Villafana, Ann Marie C. (USAFLS) Wednesday, August 13, 2008 6:21 PM lefkowitz©kirkland.com Roy BLACK Electronic Copy of my Fax Jay — Here is a scanned version of the fax, in case you have already left. Lefkowltz 080813008.pdf A. Marie Yillafacia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 259 EFTA00193241 Villafana, Ann Marie C. (USAFLS) From: Jay Lefkowitz [[email protected]] Sent: Wednesday, August 13, 2008 10:00 PM To: Villafana, Ann Marie C. (USAFLS) Cc: Roy BLACK Subject: Re: Electronic Copy of my Fax Thx Marie - speak tomorrow. I will call you around 1130-1200. Jay From: "Villafana, Ann Marie C. (USAFLS)" [[email protected]] Sent: 08/13/2008 06:20 PM AST To: Jay Lefkowitz Cc: "Roy BLACK" <RBLACK®royblack.cony Subject: Electronic Copy of my Fax Jay - Here is a scanned version of the fax, in case you have already left. <<Letkowitz 080813008 pdf» A. Marie Villafafia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 ****************** ********************* *** ***************** The information contained in this communication is confidential, may be attorney -client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to [email protected], and destroy this communication and all copies thereof, including all attachments. EFTA00193242 Recipient Read Senior. Robed (USAFIS) Read: 8/1412008 9:59 AM 257 EFTA00193243 Villafana, Ann Marie C. (USAFLS) From: Sent: To: Subject: Villafana, Ann Marie C. (USAFLS) Thursday, August 14, 2008 9:59 AM Senior, Robert (USAFLS) Agreement Hi Bob — Just talked to Dexter and he disagrees with our strategy. He is going to call and explain his reasoning. Here are the three documents. Epstein Agrmt00 .pdf A. Marie Villafaha Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Tracking: 256 EFTA00193244 Villafana, Ann Marie C. (USAFLS) From: Lee, Dexter (USAFLS) Sent: Thursday, August 14, 2008 10:57 AM To: Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS); Senior, Robert (USAFLS) Cc: Villafana, Ann Marie C. (USAFLS); Jacobus, Wendy (USAFLS) Subject: Jane Doe Litigation Alex and Jeff, We have a status conference with Judge Marra today at 3:30 p.m. When Marie and I met with Brad Edwards last Thursday, we agreed there was no need for an evidentiary hearing. He did want the government to disclose the non- prosecution agreement with Epstein and any Report of Interview conducted with C.W. when the FBI agents met with her in October 2007. The government filed a response stating that it could not voluntarily disclose the non-prosecution agreement since it contained a confidentiality clause. As to the Report of Interview, we stated that no such document existed. Epstein's counsel has requested that, if the agreement is disclosed pursuant to a court order, that disclosure be accomplished pursuant to a protective order which would prevent further dissemination by Edwards. Marie spoke with Edwards yesterday, and he agreed that a protective order could be issued by the Court. I anticipate that the parties will advise Judge Marra that (1) no evidentiary hearing is desired by either party; (2) the government will provide petitioners with a copy of the non-prosecution agreement, subject to an agreed protective order entered by the Court; and (3) the parties will enter into a stipulation of dismissal without prejudice. As to the non-prosecution agreement, I understand there is now a dispute over what constitutes the Agreement. I believe we should provide to Edwards the original agreement, the addendum, and the December 2007 letter, and advise him and the Court that there is currently a dispute over what constitutes the Agreement. I do not believe it to be appropriate for either the government or the victims to ask Judge Marra to resolve the dispute over what constitutes the Agreement, in the context of a lawsuit seeking enforcement of the Crime Victims Rights Act. The only dispute before the Court is whether rights under 18 U.S.C. 3771(a) were violated by the Government when it negotiated the non-prosecution agreement with Epstein. Epstein is not a party to this action, so it is unlikely Judge Marra would hear any dispute over the Agreement when one of the parties is absent from the litigation. The appropriate forum for litigating any dispute over the Agreement is when one of the parties acts in a fashion which the other believes is a breach of the Agreement, and takes action which the other party believes is improper. Dexter 255 EFTA00193245 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Thursday, August 14, 2008 11:33 AM To: Roy BLACK Subject: Call with Jay Lefkowitz Hi Roy — Sorry to bother you early in the morning. Jay Lefkowitz is supposed to call soon to discuss the agreement. We would prefer to have you on the call as well. A. Marie Villafafla Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 254 EFTA00193246 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Thursday, August 14, 200812:19 PM To: lefkowitzfgkirkland.com Cc: Atkinson, Karen (USAFLS) Subject: Telephone Call Hi Jay — Can you give me a specific time for the call so that i can conference call you and Karen? Thank you. A. Marie Villafaila Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 EFTA00193247 The information contained in this communication is confidential, may be attorney -client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to [email protected], and destroy this communication and all copies thereof, including all attachments. ************** * ********* ********************** ************* EFTA00193248 Villafana Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Thursday, August 14, 200812:28 PM To: Jay Lefkowitz Subject: RE: Telephone Call Fine. A. Marie Villafafla Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Jay Lefkowltz [mallto:[email protected]] Sent: Thursday, August 14, 2008 12:26 PM To: Villafana, Ann Marie C. (USAFLS) Cc: Atkinson, Karen (USAFLS) Subject: Re: Telephone Call How about 10 minutes? From: "Villafana, Ann Marie C. (USAFLS)" [[email protected]] Sent: 08/14/2008 12:19 PM AST To: Jay Leflcowitz Cc: "Atkinson, Karen (USAFLS)" <[email protected]> Subject: Telephone Call Hi Jay — Can you give me a specific time for the call so that I can conference call you and Karen? Thank you. A. Marie Villafaffa Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 251 EFTA00193249 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Thursday, August 14, 2008 12:43 PM To: [email protected] Cc: Atkinson, Karen (USAFLS) Subject: Follow-up point Hi Jay — I forgot to mention that I can no longer argue that the Court shouldn't force us to produce the agreement because we have already provided the victims with the relevant portion when I now understand from you that I have NOT provided them with the relevant portion. A. Marie Villafaila Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 250 EFTA00193250 Recipient Read Senior. Robed (USAFLS) Read: 8/14/2008 12:45 PM Sloman, Jett (USAFLS) Read: W14/2008 1:28 PM Acosta. Alex (USAFLS) Read: 8/14/2008 12:56 PM Lee. Dexter (USAFLS) Read: 8/14/2008 2:18 PM Atkinson. Karen (USAFLS) 249 EFTA00193251 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Thursday, August 14, 2008 12:45 PM To: Senior, Robert (USAFLS); Sloman, Jeff (USAFLS); Acosta, Alex (USAFLS); Lee, Dexter (USAFLS); Atkinson, Karen (USAFLS) Subject: Call with Lefkowitz Karen and I just finished up with Jay. It is his position that "the agreement is the agreement" and that Tein and Goldberger's actions after Jeffrey entered his guilty plea cannot modify the agreement. He then said, well, this isn't ripe anyway and it won't be until a victim files suit and tries to enforce the agreement. I said, no, it is ripe now in two ways. First, Judge Marra is probably going to order us to produce the agreement and we need to provide him with a document. Second, if December isn't in effect we am back to October and I need to supplement my list of victims and we need to get a Special Master to appoint an attorney to represent the girls who currently are unrepresented. He tried to push that off but 1 said, no, we need to do this right away. So, he says he is going to call Jeffrey and get back to me before our 3:30 hearing with Judge Marra. A. Marie Villafaila Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Tracking: 248 EFTA00193252 constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. •If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to [email protected], and destroy this communication and all copies thereof, including all attachments. ******* * ******* ****** ***** * ******************* ************* 247 EFTA00193253 Villafana, Ann Marie C. (USAFLS) From: Jay Lefkowitz [[email protected]] Sent: Thursday, August 14, 2008 2:39 PM To: Villafana, Ann Marie C. (USAFLS) Cc: Atkinson, Karen (USAFLS); [email protected] Subject: Re: Follow-up point Marie - In reviewing your December proposal, there are a couple of things I don't understand. What limits are placed upon individuals who proceed under 2255 as if "Mr. Epstein had been tried federally and convicted of an enumerated offense." In other words, what individuals would have this right? And would these individual only have this right if they proceeded exclusively under 2255? Also, to what enumerated offenses do you think would Mr. Epstein have to make constructive admissions of conviction? and how many such offenses? And against whom? Remember that while you may have investigated various offenses, he only plead guilty to certain state crimes. Finally, would paragraphs 8-10 of the September Agreement still be operative? I am trying hard to understand what you have intended by the December letter. Alex has says he think