09/18/2007 02:53

09/18/2007 02:53 PM To 'Jay Lefkowite < cc bec Subject Factual proffer Hi Jay — I didn't want us to get sidetracked during the conference call. I want to make sure that we have a factual basis for "harassment" Forcibly flying omewhere else is a different 1512 offense with a 10 year cap. 1 is is the factual proffer that I drafted up earlier this afternoon, to give you an idea of what it would look like. When I include a factual proffer in a plea agreement, I usually use prefatory language like: The parties agree that, had this case proceeded to trial, the United States would have proven the following facts beyond a reasonable doubt, and that the following facts are true and correct and are sufficient to support a plea of guilty . <Cpstein Plea Proffer.doc>> Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone Fax «< Attachment 'Epstein Plea Proffer.doc' has been archived by user 'CommonStorellT/Klrkland•Ellls' on '11/26/2007 01:11:55'. >» EFTA00213368 UNITED STATES vs, JEFFREY EPS I PAN PLEA PROFFER On August 21, 2007, FBI Special Agents E. Nesbitt and traveled to the home of Lesley Groff to serve her with a federal grand jury subpoena in connection with an investigation pending in the Southern District of Florida. Ms. Groff works as the personal assistant of the defendant. Ms. Groff began speaking with the agents and then excused herself to go upstairs to check on While upstairs, Ms. Groff telephoned the defendant, Jeffrey Epstein, and informed him that the FBI agents were at her home. Mr. Epstein instructed Ms. Groff not to speak with the agents and reprimanded her for allowing them into her home. Mr. Epstein applied pressure to keep Ms. Groff from complying with the grand jury subpoena that the agents had served upon her. In particular, Mr. Epstein warned Ms. Groff against turning over documents and electronic evidence responsive to the subpoena and pressured her to delay her appearance before the federal grand jury in the Southern District of Florida. This conversation occurred when Mr. Epstein was aboard his privately owned civilian aircraft in Miami in the Southern District of Florida. His pilot had filed a flight plan showing that the parties were about to return to Teterboro, New Jersey. After the conversation with Ms. Groff, Mr. Epstein became concerned that the FBI would try to serve his traveling companion 'th a similar grand jury subpoena. In avi fact, the agents were preparing to serve Smith a target letter when the flight landed in Teterboro. Mr. Epstein then re-directed his airplane, making the pilot file a new flight plan to travel to the U.S. Virgin Islands instead of the New York City area, thereby keeping the Special Agents from serving the target letter o EFTA00213369 During the course of that flight, the defendant verbally harassed harassing and pressuring her not to cooperate with the grand jury's investigation, thereby hindering and dissuading her from reporting the commission of a violation of federal law to a law enforcement officer, namely, Special Agents of the FBI. 7". EFTA00213370 t EFTA00213371 09/19/2007 10:39 AM ..tgth•z!. To "Jay Letkowitz" cc bcc Subiect RE: Draft Agreements? ,:rbitowei ost. FL-avoR.A.;,, tatmoIK ,416,44.4 Hi Jay — Can you send me an update on where we are? I assume that everyone will be off on Friday, so we need to have a final agreement by tomorrow so I can set up an arraignment on Monday. I will need to get the Information approved, file it with the Court, get a judge assigned, and get us on the calendar for an initial appearance and arraignment. Thank you. My a/c isn't workin , so I am sitting in a different office. You can get me at or on my cell at Also, if you want me to look at BOP regs regarding the camp issue, please let me know. Assistant U.S. Attorney EFTA00213372 EFTA00213373 09/19/2007 11:21 AM To "Jay Lefkowfte cc bcc Subject RE: Draft Agreements? Hi Ja — I don't know the factual basis for the alleged harassment of ause we have no independent evidence of that. So, agents nee o talk to them and then I can draft up a proposed factual proffer. I have sent an e-mail to-to determine their availability. Thanks. / EFTA00213374 EFTA00213375 • 09/19/2007 11:48 AM To *Jay Lefkowite < cc bcc Subled RE: Draft Agreements? Alright, that is pretty much what I had written yesterday. Here is my suggestion: On Au 21 2007 FBI Special Agents and raveled to the home of Lesley Groff to serve her with a federal grand jury subpoena in connection with an investigation pending in the Southern District of Florida. Ms. Groff works as the personal assistant of the defendant. Ms. Groff began speaking with the agents and then excused herself to go upstairs to check on her sleeping child. While upstairs, Ms. Groff telephoned the defendant, Jeffrey Epstein, and informed him that the FBI agents were at her home. This conversation occurred when Mr. Epstein was aboard his privately owned civilian aircraft in Miami in the Southern District of Florida. His pilot had filed a flight plan showing that the parties were about to return to Teterboro, New Jersey. After the conversation with Ms. Groff, Mr. Epstein became concerned that the FBI would to serve his traveling companions, and with similar grand • subpoenas. n act e agents were preparing to serve Ms. tt and Ms. with target letters when the flight landed in Teterboro. Mr. Epstein then re-directed his airplane, making the pilot file a new flight plan to travel to the U.S. Virgin Islands instead of the New York City area, thereby Special A ems from serving the target letters on Ms. • d Ms. During the course of that ffigh thtSefendant verbally harassed both Ms. and Ms. harassing and pressuring them not to cooperate with the grand jury's investigation, thereby hindering and dissuading them from reporting the commission of a violation of federal law to law enforcement officers, namely, Special Agents of the FBI. Assistant U.S. Attorney EFTA00213376 eIIIIIIIIIIIIISIIIIIa ellimmallallMe --- Ori • al Messa e --- From: at: 7 11:1 AMA T To: Jay Lefkowitz Subject: RE: Draft Agreements? .111— I don't know the factual basis for the alleged harassment of and because we have no independent evidence of that. So, the agents need to talk to them up a proposed factual proffer. I have sent an e-mail determine their availability. Thanks. Assistant .S. Attorney EFTA00213377 ********************** ******* tic* ********** *flit ******** tic*** 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. ****************************************************** * • 44* EFTA00213378 EFTA00213379 09/19/200712:14 PM To 'Jay Lefitowitt cc bcc Subject RE: Meeting Pli kthsmass Judge Johnson has duty next week. Jay — I hate to have to be firm about this, but we need to wrap this up by Monday. I win not miss my indictment date when this has dragged on for several weeks already and then, if things fall apart, be left in a less advantageous position than before the negotiations. I have had an 82-page pros memo and 53-page indictment sitting on the shelf since May to engage in these negotiations. There has to be an ending date, and that date is Monday. Assistant U.S. Attorney rim ra. To: Jay Leficowitz Subject: Meeting Ils available Monday morning. Our most flexible West Palm .eac magistrate is on duty on Monday, so, assuming we have signed documents by 1:30 or so, we should be able to get Mr. Epstein arraigned on Monday. I doubt that we will be able to get everything finished up here, get down to Miami, and try to find a Miami mag by close of business on Monday. EFTA00213380 Assistant U.S. Attorney ****************************************************** ***** 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. ****************************************************** **St* EFTA00213381 1 EFTA00213382 09/19/2007 01:29 PM To cc bcc Subject Meeting on Monday *Jay Lefkowite Hi Jay — We can start as early as you like on Monday. will join us at 10:00. We can meet here in our offices so I can make any necessary changes and get us over to the courthouse. Assistant U.S. Attorney EFTA00213383 EFTA00213384 To "Jay Lefkowite cc bcc 09/20/2007 03:52 Subject Final version of Plea Agreement — EPSTEIN PM Oat13FTZga_ 10e114197,71g aflOcbtApp,. .' - • ai Fwd1 Hi Jay — I have attached the plea agreement as approved by the U.S. Attorney and the proposed information. If your client is going to accept the agreement, please let me know by noon tomorrow, so that I can file the Information, get a judicial assignment, and arrange an arraignment and change of plea for MondiSlso will need to set a time for the agents to interview Ms Ms. to finalize a factual proffer. Following the plea, Mr. Epstein will have at least 70 days before sentencing plus the time to self-surrender in order to get his affairs in order, including entering his guilty pleas to the state charges. mentioned that your client is considering returning to our original offer of just a state plea. If that is the case, the non-prosecution agreement that was provided to you last week will control. Again, we will need to receive a signed version by tomorrow if that is Mr. Epstein's decision. You can reach me on my cell phone at la Thank you. <<070920 3.45 pm Plea Agreement 1512 counts.wpd>> <<070919 Information charging 1512.wpd>> Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone Fax «< Attachment '070920 3.45 om Plea Agreement 1512 counts.wpd' EFTA00213385 has been archived by user sCommonStore/fT/Kirkland-Ellis' on '11/26/2007 01:16:02'. »> achment '070919 Information charging 1512.worr has been archived by user tommonStoreliT/Kirkland-Ellis' on '11/26/2007 01:18:03'. >» EFTA00213386 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. UNITED STATES OF AMERICA vs. JEFFREY EPSTEIN, Defendant. PLEA AGREEMENT The United States Attorney for the Southern District of Florida ("the United States"), and Jeffrey Epstein (hereinafter referred to as the "defendant") enter into the following agreement: 1. The defendant agrees to plead guilty to a two-count Information which charges that the defendant intentionally harassed two other persons, that is, ■ and =in an attempt to delay, prevent, and dissuade those persons from reporting to a law enforcement officer of the United States the commission of a federal offense; in violation of Title 18, United States Code, Sections 1512(d)(2) and 2. 2. The defendant agrees and understands that the above charges involve his conduct, and the criminal conduct of others, between in and around early 2001 through in and around September 2007. This agreement resolves the federal criminal liability of the defendant and any co-conspirators in the Southern District of Florida growing out of any criminal conduct by those persons known to the United States Attorney's Office for the Southern District of Florida as of the date of this plea agreement. EFTA00213387 3. The United States agrees that, upon entry of the defendant's guilty plea, its Grand Jury investigation will be suspended, and all pending litigation between the parties will be held in abeyance unless and until the defendant violates any term of this agreement, as explained in paragraph 18, infra. Both parties agree to maintain their evidence inviolate until all of the terms of this agreement have been satisfied. 4. The defendant is aware that the sentence will be imposed by the Court after considering the Federal Sentencing Guidelines and Policy Statements (hereinafter "Sentencing Guidelines"). The defendant acknowledges and understands that the Court will compute an advisory sentence under the Sentencing Guidelines and that the applicable guidelines will be determined by the Court relying in part on the results of a he-Sentence Investigation by the Court's probation office, which investigation will commence after the guilty plea has been entered. The defendant is also aware that, under certain circumstances, the Court may depart from the advisory sentencing guideline range that it has computed, and may raise or lower that advisory sentence under the Sentencing Guidelines. The defendant is further aware and understands that the Court is required to consider the advisory guideline range determined under the Sentencing Guidelines, but is not bound to impose that sentence; the Court is permitted to tailor the ultimate sentence in light of other statutory concerns, and such sentence may be either more severe or less severe than the Sentencing Guidelines' advisory sentence. Knowing these facts, the defendant understands and acknowledges that the Court has the authority to impose any sentence within and up to the statutory maximum authorized by law for the offenses identified in paragraph 1 and that the defendant may not withdraw the plea solely as a result of the sentence imposed. 5. The defendant further understands and acknowledges that, as to each of Counts 1 and 2 of the Information, the Court may impose a statutory maximum term of imprisonment of up to one (1) year, to be followed by a term of supervised release of up 2 EFTA00213388 to a maximum of one (1) year. In addition to terms of imprisonment and supervised release, the Court may impose a fine of up to $100,000 as to each count. 6. The defendant further understands and acknowledges that, in addition to any sentence imposed under paragraph 4 of this Agreement, a special assessment in the amount of $50 will be imposed on the defendant, which must be paid at or before the time of sentencing. 7. The defendant understands that the Court will order that he must pay full restitution to all victims of the offenseS to which he is pleading guilty. The defendant understands that the amount of restitution owed to each victim will be determined at or before sentencing. 8. The parties agree to jointly recommend that the defendant receive a sentence of eighteen (18) months' imprisonment, to be followed by one (1) year of supervised release, and a rule of $200,000. The parties' further agree to jointly recommend that the Court impose one year of home confinement as a special condition of supervised release. 9. The defendant agrees that, if any of the victims identified in the federal investigation file suit pursuant to 18 U.S.C. § 2255, the defendant will not contest the jurisdiction of the U.S. District Court for the Southern District of Florida over his person and/or the subject matter, and the defendant will not contest that the identified victims are persons who, while minors, were victims of violations of Title 18, United States Code, Sections(s) 2422 and/or 2423. The United States agrees to provide the defendant's attorneys with a list of the identified victims, which will not exceed forty, after the defendant has signed this agreement and has been sentenced. The United States further agrees to make a motion with the United States District Court for the Southern District of Florida for the appointment of a guardian ad litem for the identified victims and the defendant's counsel may contact the identified victims through that guardian. 3 EFTA00213389 10. The United States has reached this agreement with the defendant in response to the defendant's request to globally resolve his state and federal criminal liability. To do so, the defendant further understands and acknowledges that he must undertake certain actions with the State Attorney's Office for the 15th Judicial Circuit in and for Palm Beach County (hereinafter, "State Attorney's Office"). 11. In addition to entering a guilty plea in the instant case, the defendant agrees that, prior to his sentencing on the federal charges, he will plead guilty to an Information filed by the State Attorney's Office charging an offense for which the defendant must register as a sex offender, that is, solicitation of minors to engage in prostitution, in violation of Fl. Stat. 796.03. The defendant agrees that he will waive all challenges to the Information filed by the State Attorney's Office and waive the right to appeal his conviction and sentence in the state court. 12. The defendant agrees that he will make a binding recommendation that the 15th Judicial Circuit Court impose a sentence of at least eighteen (18) months' imprisonment to be followed by at least twelve (12) months of community control/home confinement to be served upon the defendant's release from federal prison. The defendant further represents that he has had discussions with the State Attorney's Office, which has agreed to likewise make this recommendation. The sentences imposed by the 15th Judicial Circuit Court may run concurrently with the federal sentence imposed pursuant to this agreement. 13. The defendant agrees to provide to the U.S. Attorney's Office copies of all proposed agreements with the State Attorney's Office prior to entering into those agreements. 14. The defendant agrees that the timely completion of these actions 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 4 EFTA00213390 investigate and prosecute the defendant for any and all federal offenses. 15. The United States reserves the right to inform the Court and the probation office of all facts pertinent to the sentencing process, including all relevant information concerning the offenses committed, whether charged or not, as well as concerning the defendant and the defendant's background, and to respond to any questions from the Court and the Probation Office and to any misstatements of fact or law. Subject only to the express terms of any agreed-upon sentencing recommendations contained in this Agreement, this Office further reserves the right to make any recommendation as to the quality and quantity of punishment. 16. The defendant is aware that the sentence has not yet been determined by the Court. The defendant also is aware that any estimate of the probable sentencing range or sentence that the defendant may receive, whether that estimate comes from the defendant's attorney, the government, or the probation office, is a prediction, not a promise, and is not binding on the government, the probation office or the Court. The defendant understands further that any recommendation that the government makes to the Court as to sentencing, whether pursuant to this agreement or otherwise, is not binding on the Court and the Court may disregard the recommendation in its entirety. The defendant understands and acknowledges, as previously acknowledged in paragraph 4 above, that the defendant may not withdraw his plea based upon the Court's decision not to accept a sentencing recommendation made by the defendant, the government, or a recommendation made jointly by both the defendant and the government. 17. WAIVER OF RIGHT TO APPEAL AND COLLATERALLY ATTACK THE SENTENCE. The defendant is aware that Title 18, United States Code, Section 3742 affords the defendant the right to appeal the sentence imposed in this case. Acknowledging this, in exchange for the undertakings made by the United States in this 5 EFTA00213391 plea agreement, the defendant hereby waives all rights conferred by Section 3742 to appeal any sentence imposed, including any restitution order, or to appeal the manner in which the sentence was imposed, unless the sentence exceeds the maximum permitted by statute. The defendant further voluntarily and expressly waives, to the maximum extent permitted by federal law, the right to collaterally attack his sentence in any post-conviction proceeding, including a motion on any ground brought under 28 U.S.C. § 2254, 28 U.S.C. § 2255, 18 U.S.C. § 3572, or 18 U.S.C. § 3771. The defendant further understands that nothing in this agreement shall affect the governments right and/or duty to appeal as set forth in Title 18, United States Code, Section 3742(b). However, if the United States appeals the defendant's sentence pursuant to Section 3742(b), the defendant shall be released from the above waiver of appellate rights. By signing this agreement, the defendant acknowledges that he has discussed the appeal waiver set forth in this agreement with his attorney. 18. If the defendant fails in any way to fulfill each one of his obligations under this Plea Agreement, the United States, and only the United States, may elect to be released from its commitments under this Plea Agreement. If the United States elects to void the Plea Agreement because of a breach by the defendant, then the United States agrees not to use the defendant's guilty plea against him. However, the United States may prosecute the defendant for any and all Federal crimes that he has committed related to this case and may seek any sentence for such crimes up to and including the statutory maximums. The defendant expressly waives any statute of limitations defense and any constitutional or statutory speedy trial defense to such a prosecution, except to the extent that such a defense exists as of the date he signs this Plea Agreement. Finally, the defendant understands that his violation of the terms of this Plea Agreement would not entitle him to withdraw his guilty plea. 19. This is the entire agreement and understanding between the United States 6 EFTA00213392 and the defendant. There are no other agreements, promises, representations, or understandings. Date: By: Date: R. ALEXANDER ACOSTA UNITED STATES ATTORNEY ASSISTANT UNITED STATES ATTORNEY By: JEFFREY EPSTEIN, DEFENDANT Date: By: ROY BLACK, ESQ. ATTORNEY FOR DEFENDANT Date: By: GERALD LEFCOURT, ESQ. COUNSEL TO DEFENDANT 7 EFTA00213393 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 18 U.S.C. § 1512(d)(2) UNITED STATES OF AMERICA vs. JEFFREY EPSTEIN, Defendant. INFORMATION The United States Attorney charges that: COUNT 1 On or about August 21, 2007, in Miami-Dade County, in the Southern District of Florida, and elsewhere, the defendant, JEFFREY EPSTEIN, did intentionally harass another person, that i.in an attempt to delay, prevent, and dissuade Mom reporting to a law enforcement officer of the United States the commission of a federal offense; in violation of Title 18, United States Code, Sections 1512(d)(2) and 2. COUNT 2 On or about August 21, 2007, in Miami-Dade County, in the Southern District of Florida, and elsewhere, the defendant, JEFFREY EPSTEIN, EFTA00213394 did intentionally harass another person, that is, in an attempt to delay, prevent, and dissua=rom reporting to a law enforcement officer of the United States the commission of a federal offense; in violation of Title 18, United States Code, Sections 1512(dX2) and 2. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY ASSISTANT UNITED STATES ATTORNEY 2 EFTA00213395 I I I I 1 I I I I I 1 i EFTA00213396 09/20/2007 03:58 PM To "Jay Leibowitz" a> cc bcc Subject Epstein plea agreement (C 1:4**JggiVils' -,V•? ;§.9.44*.in Jay — there was one spacing problem with the last version. Here is the final. We have added Roy Black's name to a signature line so that a Florida attorney signs it and we don't have to worry about Pro Hac Vice motions. If you would prefer Jack Goldberger's name, please let me know. <<070920 3.45 pm Plea Agreement 1512 counts.wpd>> Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone Fax <<< Attachment '070920 3.45 cm Plea Agreement 1512 counts.wod' has been archived by user 'CommonStore/IT/Kirkiand-Ellie* on '11/26/2007 01:18:07'. >'> EFTA00213397 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. UNITED STATES OF AMERICA vs. JEFFREY EPSTEIN, Defendant. / PLEA AGREEMENT The United States Attorney for the Southern District of Florida ("the United States"), and Jeffrey Epstein (hereinafter referred to as the "defendant") enter into the following agreement: I. The defendant agrees to plead guilty to a two-count Information which charges that the defendant intentionally harassed two other persons, that isMand n an attempt to delay, prevent, and dissuade those persons from reporting to a law enforcement officer of the United States the commission of a federal offense; in violation of Title 18, United States Code, Sections 1512(d)(2) and 2. 2. The defendant agrees and understands that the above charges involve his conduct, and the criminal conduct of others, between in and around early 2001 through in and around September 2007. This agreement resolves the federal criminal liability of the defendant and any co-conspirators in the Southern District of Florida growing out of any criminal conduct by those persons known to the United States Attorney's Office for the Southern District of Florida as of the date of this plea agreement. i EFTA00213398 3. The United States agrees that, upon entry of the defendant's guilty plea, its Grand Jury investigation will be suspended, and all pending litigation between the parties will be held in abeyance unless and until the defendant violates any term of this agreement, as explained in paragraph 18, infra. Both parties agree to maintain their evidence inviolate until all of the terms of this agreement have been satisfied. 4. The defendant is aware that the sentence will be imposed by the Court after considering the Federal Sentencing Guidelines and Policy Statements (hereinafter "Sentencing Guidelines"). The defendant acknowledges and understands that the Court will compute an advisory sentence under the Sentencing Guidelines and that the applicable guidelines will be determined by the Court relying in part on the results of a Pre-Sentence Investigation by the Court's probation office, which investigation will commence after the guilty plea has been entered. The defendant is also aware that, under certain circumstances, the Court may depart from the advisory sentencing guideline range that it has computed, and may raise or lower that advisory sentence under the Sentencing Guidelines. The defendant is further aware and understands that the Court is required to consider the advisory guideline range determined under the Sentencing Guidelines, but is not bound to impose that sentence; the Court is permitted to tailor the ultimate sentence in light of other statutory concerns, and such sentence may be either more severe or less severe than the Sentencing Guidelines' advisory sentence. Knowing these facts, the defendant understands and acknowledges that the Court has the authority to impose any sentence within and up to the statutory maximum authorized by law for the offenses identified in paragraph 1 and that the defendant may not withdraw the plea solely as a result of the sentence imposed. 5. The defendant further understands and acknowledges that, as to each of Counts 1 and 2 of the Information, the Court may impose a statutory maximum term of imprisonment of up to one (1) year, to be followed by a term of supervised release of up 2 EFTA00213399 to a maximum of one (1) year. In addition to terms of imprisonment and supervised release, the Court may impose a fine of up to $100,000 as to each count. 6. The defendant further understands and acknowledges that, in addition to any sentence imposed under paragraph 4 of this Agreement, a special assessment in the amount of $50 will be imposed on the defendant, which must be paid at or before the time of sentencing. 7. The defendant understands that the Court will order that he must pay full restitution to all victims of the offenseS to which he is pleading guilty. The defendant understands that the amount of restitution owed to each victim will be determined at or before sentencing. 8. The parties agree to jointly recommend that the defendant receive a sentence of eighteen (18) months' imprisonment, to be followed by one (1) year of supervised release, and a fine of $200,000. The parties' further agree to jointly recommend that the Court impose one year of home confinement as a special condition of supervised release. 9. The defendant agrees that, if any of the victims identified in the federal investigation file suit pursuant to 18 U.S.C. § 2255, the defendant will not contest the jurisdiction of the U.S. District Court for the Southern District of Florida over his person and/or the subject matter, and the defendant will not contest that the identified victims are persons who, while minors, were victims of violations of Title 18, United States Code, Sections(s) 2422 and/or 2423. The United States agrees to provide the defendant's attorneys with a list of the identified victims, which will not exceed forty, after the defendant has signed this agreement and has been sentenced. The United States further agrees to make a motion with the United States District Court for the Southern District of Florida for the appointment of a guardian ad litem for the identified victims and the defendant's counsel may contact the identified victims through that guardian. 3 EFTA00213400 10. The United States has reached this agreement with the defendant in response to the defendant's request to globally resolve his state and federal criminal liability. To do so, the defendant further understands and acknowledges that he must undertake certain actions with the State Attorney's Office for the 15th Judicial Circuit in and for Palm Beach County (hereinafter, "State Attorney's Office"). 11. In addition to entering a guilty plea in the instant case, the defendant agrees that, prior to his sentencing on the federal charges, he will plead guilty to an Information filed by the State Attorney's Office charging an offense for which the defendant must register as a sex offender, that is, solicitation of minors to engage in prostitution, in violation of Fl. Stat. 796.03. The defendant agrees that he will waive all challenges to the Information filed by the State Attorney's Office and waive the right to appeal his conviction and sentence in the state court. 12. The defendant agrees that he will make a binding recommendation that the 15th Judicial Circuit Court impose a sentence of at least eighteen (18) months' imprisonment to be followed by at least twelve (12) months of community control/home confinement to be served upon the defendant's release from federal prison. The defendant further represents that he has had discussions with the State Attorney's Office, which has agreed to likewise make this recommendation. The sentences imposed by the 15th Judicial Circuit Court may run concurrently with the federal sentence imposed pursuant to this agreement. 13. The defendant agrees to provide to the U.S. Attorney's Office copies of all proposed agreements with the State Attorney's Office prior to entering into those agreements. 14. The defendant agrees that the timely completion of these actions 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 4 EFTA00213401 investigate and prosecute the defendant for any and all federal offenses. 15. The United States reserves the right to inform the Court and the probation office of all facts pertinent to the sentencing process, including all relevant information concerning the offenses committed, whether charged or not, as well as concerning the defendant and the defendant's background, and to respond to any questions from the Court and the Probation Office and to any misstatements of fact or law. Subject only to the express terms of any agreed-upon sentencing recommendations contained in this Agreement, this Office further reserves the right to make any recommendation as to the quality and quantity of punishment. 16. The defendant is aware that the sentence has not yet been determined by the Court. The defendant also is aware that any estimate of the probable sentencing range or sentence that the defendant may receive, whether that estimate comes from the defendant's attorney, the government, or the probation office, is a prediction, not a promise, and is not binding on the government, the probation office or the Court. The defendant understands further that any recommendation that the government makes to the Court as to sentencing, whether pursuant to this agreement or otherwise, is not binding on the Court and the Court may disregard the recommendation in its entirety. The defendant understands and acknowledges, as previously acknowledged in paragraph 4 above, that the defendant may not withdraw his plea based upon the Court's decision not to accept a sentencing recommendation made by the defendant, the government, or a recommendation made jointly by both the defendant and the government. 17. WAIVER OF RIGHT TO APPEAL AND COLLATERALLY ATTACK THE SENTENCE. The defendant is aware that Title 18, United States Code, Section 3742 affords the defendant the right to appeal the sentence imposed in this case. Acknowledging this, in exchange for the undertakings made by the United States in this plea agreement, the defendant hereby waives all rights conferred by Section 3742 to 5 EFTA00213402 appeal any sentence imposed, including any restitution order, or to appeal the manner in which the sentence was imposed, unless the sentence exceeds the maximum permitted by statute. The defendant further voluntarily and expressly waives, to the maximum extent permitted by federal law, the right to collaterally attack his sentence in any post-conviction proceeding, including a motion on any ground brought under 28 U.S.C. § 2254, 28 U.S.C. § 2255, 18 U.S.C. § 3572, or 18 U.S.C. § 3771. The defendant further understands that nothing in this agreement shall affect the government's right and/or duty to appeal as set forth in Title 18, United States Code, Section 3742(b). However, if the United States appeals the defendant's sentence pursuant to Section 3742(b), the defendant shall be released from the above waiver of appellate rights. By signing this agreement, the defendant acknowledges that he has discussed the appeal waiver set forth in this agreement with his attorney. 18. If the defendant fails in any way to fulfill each one of his obligations under this Plea Agreement, the United States, and only the United States, may elect to be released from its commitments under this Plea Agreement. If the United States elects to void the Plea Agreement because of a breach by the defendant, then the United States agrees not to use the defendant's guilty plea against him. However, the United States may prosecute the defendant for any and all Federal crimes that he has committed related to this case and may seek any sentence for such crimes up to and including the statutory maximums. The defendant expressly waives any statute of limitations defense and any constitutional or statutory speedy trial defense to such a prosecution, except to the extent that such a defense exists as of the date he signs this Plea Agreement. Finally, the defendant understands that his violation of the terms of this Plea Agreement would not entitle him to withdraw his guilty plea. 19. This is the entire agreement and understanding between the United States and the defendant There are no other agreements, promises, representations, or 6 EFTA00213403 understandings. Date: Date: By: R. ALEXANDER ACOSTA UNITED STATES ATTORNEY ASSISTANT UNITED STATES ATTORNEY By: JEFFREY EPSTEIN, DEFENDANT Date: By: ROY BLACK, ESQ. ATTORNEY FOR DEFENDANT Date: By: GERALD LEFCOURT, ESQ. COUNSEL TO DEFENDANT 7 EFTA00213404 EFTA00213405 09/20/2007 05:35 PM To 'Jay Lefkowtte IS= cc bcc Subject RE: Final version of Plea Agreement — El isHi .1 — Try me on my cell. I ;;ill keep it with me. Thanks. issistan"1”ttorney 500 S. Australian Ave, Suite 400 West Palm Beac FL 33401 Phone 09720/2007 03:52 PM M-Jay Lersowitz- MUSAFt—a. SubjecFlnal version or Plea Agreement — EPSTEIN EFTA00213406 Hi Jay — I have attached the plea agreement as approved by the U.S. Attorney and the proposed information. If your client is going to accept the agreement, please let me know by noon tomorrow, so that I can file the Information, get a judicial assignment, and arrange an arraignment and change of plea for MontSalso will need to set a time for the agents to interview M and Ms. to finalize a factual proffer. Following the plea, Mr. Epstein will have at least 70 days before sentencing plus the time to self-surrender in order to get his affairs in order, including entering his guilty pleas to the state charges. Andy mentioned that your client is considering returning to our original offer of just a state plea. If that is the case, the non-prosecution agreement that was provided to you last week will control. Again, we will need to receive a signed version by tomorrow if that is Mr. Epstein's decision. You can reach me on my cell phone an Thank you. «070920 3.45 pm Plea Agreement 1512 counts.wpd» «070919 Information charging 1512.wpd» Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone Fax EFTA00213407 . e EFTA00213408 09/20/2007 06:43 PM To "Jay Lefkowitt cc bcc Subject RE: Plea Agreement — EPSTEIN WargTC -W5-4, Jay -- The 18 and 12 has already been agreed to by our office, so that is not a problem. On the issue about 18 USC 2255, we seem to be miles apart. Your most recent version not only had me binding the girls to a trust fund administered by the state court, but also promising that they will give up their 2255 rights. I reviewed the e-mail that I sent you on Sunday with the comments on some of your other changes. In the context of a non-prosecution agreement, the office may be more willing to be specific about not pursuing charges against others. However, as I stated on Sunday, the Office cannot and will not bind Immigration. Also, your timetable will need to move up significantly. As Barry said in our meeting last week, his office can put together a plea agreement, information, and get you all before the judge on a change of plea within a day. I am headed out now, but you can get me on my cell or call me tomorrow in the office. Thank you. Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone Faxes EFTA00213409 41=1:1111111111Imess ****** Ilt********** ********* #********* ******** ****-*****.ir *if** 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. ** * EFTA00213410 EFTA00213411 09/21/2007 11:00 AM To "Jay Letkowilz" cc bcc Subject RE: Plea Agreement — EPSTEIN . r . Jay — I read it through. Can you send me a non-redlined version? It will be easier to read. I have a few questions and concerns, but not nearly as many as with your earlier draft. I need to follow up on a couple of things before I go over this with you, and, of course, paragraph 1 of the agreement terms needs to be confirmed. Thanks. Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone Fax To-Jay Letkovite 09/20/2007 OSA3 PM cc SubjecRE: Plea Agreement — EPSTEIN t Jay -- The 18 and 12 has already been agreed to by our office, so EFTA00213412 that is not a problem. On the issue about 18 USC 2255, we seem to be miles apart. Your most recent version not only had me binding the girls to a trust fund administered by the state court, but also promising that they will give up their 2255 rights. I reviewed the e-mail that I sent you on Sunday with the comments on some of your other changes. In the context of a non-prosecution agreement, the office may be more willing to be specific about not pursuing charges against others. However, as I stated on Sunday, the Office cannot and will not bind Immigration. Also, your timetable will need to move up significantly. As Barry said in our meeting last week, his office can put together a plea agreement, information, and get you all before the judge on a change of plea within a day. I am headed out now, but you can get me on my cell or call me tomorrow in the office. Thank you. Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 PhotiFax Thanks — Jay EFTA00213413 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 s Ellis LLP or Kirkland s 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. ****************************************************** 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. ****************************************************** * * * * * EFTA00213414 . . EFTA00213415 09121/2007 02:12 PM To "Jay Lofkowitz" cc bcc Subject Revised Non-Prosecution Agreement message heat3Cen • -Ow; Hi Jay — Here is my attempt at combining our thoughts. I need to talk to the office about the immigration language before I put it in here. I know that we have not and don't plan to ask immigration to do that, but let me see if they are okay with including it in writing. I spent about an hour with a former corporate counsel from a hospital who now works here to go over the 2255 language. I think that the attached addresses the concern about having an unlimited number of claimed victims, without me trying to bind girls whom I do not represent. This language hasn't been approved by the office yet, so consider it a draft These are all the same document, just in different formats. <<070921 Epstein Non-Prosecution Agreement.wpd>> et070921 Epstein Non-Prosecution Agreement.doc>> <<070921 Epstein Non-Prosecution Agreement.pdf>> Thanks. If you have any immediate thoughts before you leave, please let me know. Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 \Vest Palm Beach, FL 33401 Fhone Fax <<< Attachment '070921 Epstein Non-Prosecution Acrreementwpd' has been archived by user 'CommonStore/IT/Kiddand-Ellis' on '11/26/2007 01:17:28'. >>> «< Attachment '070921 Epstein Non-Prosecution Mreementdoe has been archived by user *Common$scareLlINIslancEElliV on '11/26/2007 01:17:28'. >» EFTA00213416 01:17:28'. >» <<< Attachment '070921 Epstein Non-Prosecution Agreement.pdf has been archived by user 'CommonStore/IT/Kitidand-Ellis' on '11/26/2007 01:17:2W. >>> EFTA00213417 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 with three counts of 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 of the offenses and Epstein's background; IT APPEARING that Jeffrey Epstein (hereinafter "Epstein') has committed offenses against the United States from in or around 2001 through in or around October 2005, including: 7 (I) knowingly and wailfully 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(b); 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(f), with minor females, in violation of Title 18, United States Code, Section 2423(b); all in violation of Title 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(f), with minor females; in violation of Title 18, United States Code, Section 2423(b); and (5) knowingly, in and affecting interstate and foreign commerce, recruiting, enticing, Page 1 of 5 EFTA00213418 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 has accepted responsibility for his behavior by his signature on this Agreement; and IT APPEARING, after an investigation of the offenses and Epstein's background, that the interest of the United States pursuant to the Petite policy 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 that Epstein has violated any of the conditions of this Agreement, then the United States Attorney may at any time initiate prosecution against Epstein for any offense. In this case, the United States Attorney will furnish Epstein with notice specifying the condition(s) of the Agreement that he has violated. 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 will be instituted in this District, and the charges against Epstein if any, will be dismissed. Terms of the Agreement: 1. Epstein shall plead guilty (not nolo contendere) 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 and the State Attorney's Office shall make a joint, binding recommendation that the Court impose a thirty (30) month sentence to be divided as follows: (a) Epstein shall begin by serving at least eighteen (18) months in county jail for all charges, without a