• Olier,leittea/di •

:%W OFFICE • Olier,leittea/di • A N I) ASSOCIATES July 3, 2008 United States Attorney's Office Dear VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED 7007 2680 0002 5519 8503 As you are aware, we represent several of the young girls that were victimized and abused by Jeffrey Epstein. While we are aware of his recent guilty plea and conviction in his State Court case, the sentence imposed in that case is grossly inadequate for a sexual predator of this magnitude. The information and evidence that has come to our attention in this matter leads to a grave concern that justice will not be served in this cause if Mr. Epstein is not aggressively prosecuted and appropriately punished. Based on our investigation and knowledge of this case, it is apparent that he has sexually abused more than 100 underage girls, and the evidence against him is overwhelmingly strong. As former Assistant State Attorneys with seven years' prosecution experience, we believe that the evidence against Mr. Epstein is both credible and deep and that he may be the most dangerous sexual predator of children that our country has ever seen. The evidence suggests that for at least 4 years he was sexually abusing as many as three to four girls a day. It is inevitable that if he is not confined to prison, he will continue to manipulate and sexually abuse children and destroy more lives. He is a sexual addict that focused all of his free time on sexually abusing children, and he uses his extraordinary wealth and power to lure in poor, underprivileged little girls and then also uses his wealth to shield himself from prosecution and liability. We are very concerned for the health and welfare of the girls he has already victimized, and concerned that if justice is not properly served now and he is not imprisoned for a very long time, he will get a free pass to sexually abuse children in the future. Future abuse and victimization is obvious to anyone who really reviews the evidence in this case, and future sexual abuse of minors is inevitable unless he is prosecuted, tried and appropriately sentenced. Money and power should not allow a man to make his own laws, and he has clearly received preferential treatment at every step up to this point. If he were a man of average wealth or the abused girls were from middle or upper class families, then this man would spend the rest of his life in prison. In a country of true, blind justice, those distinctions are irrelevant, and we really hope he does not prove the point that a man can commit heinous crimes against children and buy his way out of it. If the Department of Justice's recent commitment to the protection of our children from child molesters is to be more than rhetoric, then this is the time and the case where the Department must step forward. We urge the Attorney General and our United States BEOBRADEDWARDSLAW.COM EFTA00233329 United States Attorney's Office Page Two Attorney to consider the fundamental import of the vigorous enforcement of our Federal laws. We urge you to move forward with the traditional indictments and criminal prosecution commensurate with the crimes Mr. Epstein has committed, and we further urge you to take the steps necessary to protect our children from this very dangerous sexual perpetrator. We will help you to do this in any way possible to ensure that true Justice is served in this case. Sincerely, Brad Edwards, Esquire Jay Howell, Esquire 2028 HARRISON STREET,SUITE 202, HOLLYWOOD, FLORIDA 33020 OFFICE: 954-414-8033/305-935-2011 FAX: 954-924-1530/305-935-4227 BEOBRADEDWARDSLAW.COM EFTA00233330 LAW OFFICE • Ofikeaceigh • AND ASSOCIATES October 15, 2008 United States Attorney's Office 99 N.E. 4th Street Miami, Florida 33132 Re: Jane Doe # and Jane Doe #2'. United States of America Case No.: 08-80736-CIV-MARRA/JOHNSON Dear Mr I am writing to inquire about whether Mr. Epstein has violated his Non-Prosecution Agreement with the Government. As you know, the Government has repeatedly described the Non-Prosecution Agreement as guaranteeing to the victims of Epstein's sexual abuse at least $150,000 in civil damages. The Government has made these representations in reliance on a current provision in the U.S. Code — 18 U.S.C. § 2255(a) — which provides for an automatic amount of damages of at least $150,000. At the time that the Non-Prosecution Agreement was drafted and signed, that was the law that was in effect. In Epstein's latest filing in federal court, however, he takes the position that the pre-2006 Amendments version of the law applies. See Defendant Epstein's Motion to Dismiss, for Moir Definite Statement and To Strike Directed to Plaintiff Jane Doe's Complaint at 9, Jane Doe Jeffrey Epstein, No. 08-CIV-80893-Marra/Johnson (discussing § 2255 and stating that the "applicable version of the statute" is "pre-2006 Amendments"). The 2006 Amendments altered § 2255(a), by increasing the presumed minimum damages from $50,000 to $150,000. See Pub. L. 109-248, Title VII, § 707(b), (c), July 27, 2006, 120 Stat. 650. In light of Epstein's latest filing, I write to ask several questions: (1) Would you stipulate that you told me several times that Epstein had agreed to pay at least $150,000 to the identified victims of his abuse? (2) Did Epstein in fact agree to pay damages to the identified victims of his abuse at least $150,000? (3) Did the Government tell victims, either directly or through counsel, that Epstein had agreed to pay his victims at least $150,000? BEG B RAD EDWARDS LAW.COM EFTA00233331 EFTA00233332 Sent: To: Cc: Subject: Dear Thl trreInt• hints 10 00(10 A-AA Du vu, Hahn 1v. t 1 LO) Epstein Case 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. Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 (1) LA-pka.:k. OfctrAroo Tracking: EFTA00233333 Recipient Road Road: 6/19/2008 4:48 PM Read. 6/19/2008 4:47 PM 2 EFTA00233334 IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT, 1525 PALM BEACH LAKES BLVD., WEST PALM BEACH, FL 33401 September 2, 2009 CASE NO.: 4D09-2554 L.T. No.: 20098CF009381A JEFFREY EPSTEIN 1. STATE OF FLORIDA, ET AL. Appellant / Petitioner(s), BY ORDER OF THE COURT: Appellee I Respondent(s). ORDERED that appellee E.W.'s motion filed July 13, 2009, to file portion of response under seal is hereby determined to be moot; further, ORDERED that appellant's agreed motion filed July 14, 2009, to file one reply supporting petiton for writ of certiorari and for the time to run from service of the last- filed response is hereby granted; further, ORDERED that appellee B.B.'s motion filed August 5, 2009, to supplement the record is hereby granted; further, ORDERED that appellee E.W.'s motion filed July 27, 2009, for attorney's fees and costs is hereby denied; further, ORDERED that appellee B.B.'s motion filed July 23, 2009, for attorneys' fees and costs is hereby denied; further, ORDERED that appellee Palm Beach Newspapers, Inc. d/b/a The Palm Beach Post's motion filed July 21, 2009, for attorneys' fees and costs is hereby denied. I HEREBY CERTIFY that the foregoing is a true copy of the original court order. Served: Barbara J. Compiani Robert D. Critton, Jr. Witham J. Berger State Attomey.P.B. Michael J. Pike Jeffrey H. Sloman Ic Jane Kreusler•Walsh Deanna K. Shullman U.S. Attorney'S Office Bradley J. Edwards James B. Lake Hon. Jeffrey J. Colbath Jack A. Goldberger Diana Martin Spencer T. Kuvin Rebecca Mercier Vargas R. Alexander Acosta EFTA00233335 DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2009 JEFFREY EPSTEIN, Appellant, 1. STATE OF FLORIDA, E.W. B.B. and PALM BEACH NEWSPAPERS, INC., d/b/a THE PALM BEACH POST, Appellees. No. 4D09-2554 (September 2, 2009j PER CURIAM. We treat petitioner's petition for writ of certiorari as a full appeal and affirm. HAZOURI, DAMOORGIAN and LEVINE, JJ., concur. Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Jeffrey J. Colbath, Judge; L.T. Case Nos. 502006CF009454AXXMB & 502008CF009381AXXMB. Jane Kreusler-Walsh and Barbara J. Compiani of Kreusler-Walsh, Compiani 8s Vargas, P.A., Robert D. Critton of Burman, Critton, Littler & Coleman, and Jack A. Goldberger of Atterbury, Goldberger 8s Weiss, P.A., West Palm Beach, for appellant. James B. Lake and Deanna K. Shullman of Thomas, LoCicero & Bralow, PL, Fort Lauderdale, for appellee Palm Beach Newspapers, Inc., d/b/a The Palm Beach Post. William J. Berger of Rothstein Rosenfeldt Adler, Fort Lauderdale, for appellee E.W. Diana L. Martin and Spencer T. Kuvin of Leopold-Kuvin, P.A., Palm Beach Gardens, for appellee B.B. EFTA00233336 Not final until disposition of timely filed motion for rehearing. 2 EFTA00233337 •freAA - Swaramearas FUL N BELITTENMUU_ER, Clerk Fourth District Court of Appeal EFTA00233338 THE PALM BEACH POST • FRIDAY, SEPTEMBER 4.2009 Appeals court backs unsealing of Epstein's '07 deal with feds By SUSAN SPENCER-WENDEL Palm Brack Post Staff Miler WEST PALM BEACH — An appeals court has affirmed a lower court ruling unsealing the con- fidential deal Jeffrey Ep- stein struck with federal prosecutors to avoid being charged by them. The 4th District Court of Appeal this week up- held Circuit Judge Jeffrey Colbath's earlier decision to unseal the agreement. Attorneys for the mon-ey manager of billionaires have fought vigorously against the agreement's release. They have 15 days to request a rehear- ing with the 4th District Court of Appeal. Absent that, it will be- come public. Epstein's local criminal defense attorney Jack Goldberger did not return a call seeking comment. Epstein's own attorneys, in federal filings, have See EPSTEIN, 66 ► Epstein Attorneys for the Palm Beach money manager have 15 days to seek a rehearing. Civil litigation intensifies, deposition ends abruptly ► EPSTEIN from 1B referred to his confiden- tial deferred prosecution agreement with the US. Attorney's Office, struck in September 2007, as "un- precedented" and "highly unusual." Attorneys for The Palm Beach Past as well as al- leged victims of Epstein's sexual advances sought to have the deal unsealed in state court. Colbath found that the proper. sealing procedures had not been followed by an earlier judge. "There is nothing more fundamentally important than for the public and press to observe how the government is doing its job," Post attorney Deanna Shullman has said. "There is great public interest in how everybody in this case is doing their job." According to various media accounts, Epstein moved in circles that in- cluded President Clinton, 4 An attorney's questioning of Epstein becomes personal. Donald 'frump and Prince Andrew. "International Moneyman of Mystery," declared a 2002 New York magazine profile of Ep- stein. He pleaded guilty in 2008 to procuring teens for prostitution and was sentenced to 18 months in jail, but allowed out ex- tensively for work release. Epstein was released in late July, after serving '13 months of the sentence. He now faces civil lawsuits filed by young women allegedly lured to his Palm Beach home and paid to perform massages and other acts. That civil litigation is. intensifying. This week, while Ep- stein was being deposed by attorney Spencer Kuvin, who represents an alleged victim identified only as "B.B.", Kuvin questioned Epstein about the shape of his genitalia and the deposition abruptly ended, according to a transcript. Kuvin has since made a motion in court to be able to inspect Epstein's genitalia. Kuvin said Thursday he seeks to corroborate a de- scription one woman gave Palm Beach police. Because Epstein is in- voking his right to remain silent in depositions, this is the only way to do it, Kuvin said. 'We want to corroborate what those girls saw,' Kuvin said. O susan_spencer wendel@ pbpost.com EFTA00233339 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO. 2008CF009381A STATE OF FLORIDA vs. JEFFREY EPSTEIN, Defendant. AGREED ORDER This cause came on to be heard upon the agreement of the parties, Jack Goldberger representing Jeffrey Epstein and -representing the State of Florida, and the Court being fully advised that the parties have reviewed both the plea agreement and the transcript of the plea conference in the Defendants case and have confirmed that the requirement of "mandatory public service" as a special condition of community control checked off on the Order Placing the Defendant on Community Control was due to a clerical error. Accordingly, it is hereby ordered and adjudged that the special condition of "mandatory public service" is deleted. The Court being further advised that the Order Placing the Defendant on Community Control did not address the Defendant's travel outside the State of Florida for work or business purposes and the parties desire to clarify that omission, it is hereby ordered and adjudged that the Defendant is authorized to travel outside the State of Florida for business and work purposes if allowed by his community control officer. At least 48 hours before the need to travel outside the State of Florida for work purposes the Defendant shall first obtain the permission of his community control officer and then follow any instructions or EFTA00233340 requirements imposed on him by his community control officer. DONE AND ORDERED in West Palm Beach, Palm Beach County, Florida on this day of September, 2009. JEFFREY COLBATH Circuit Court Judge Copies: Jack A. Goldberger, Esquire ASA Department of Corrections EFTA00233341 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CRIMINAL DIVISION "W" CASE NO. 502008CF00938IAXXMB 502006CF009454AXXMB STATE OF FLORIDA, vs. JEFFREY EPSTEIN, Defendant ORDER RELEASING DOCUMENTS UNDER SEAL THIS MATTER came before the Court as a result of the Fourth District Court of Appeal's per curiam affirmance of the trial court's order, wherefore it is ORDERED AND ADJUDGED that the documents referred to as A. "Non-Prosecution Agreement" filed under seal in the court file on July 2, 2008, B. "The Addendum to the Non-Prosecution Agreement" filed under seal in the court filed on August 25, 2008, shall be released. The Court notes that neither the Agreement nor the Addendum contain the names of any alleged juvenile victims. These documents will be released contemporaneously with this order. DONE AND ORDERED in West Palm Beach, Palm Beach County, Florida this day of September, 2009. JEFFREY COLBATH Circuit urt Judge Copies furnished: R. Alexander Acosta, U.S. Attorney's Office - Southern District 500 South Australian Avenue, Suite 400 West Palm Beath, FL 33401 EFTA00233342 Page Two Case No. S02008CF009381AXXMB/502006CF0094S4AXXMB Order Releasing Documents Under Seal ., State Attorney's Office William J. Berger, Esq. Bradley J. Edwards, Esq. Rothstein Rosen(eldt Adler Robert O. Critton, Esq. Critton, turner & Coleman Jack A. Goldberger, Esq. oldber er & Weiss, P.A. Spencer T. Kuvin, Esq. Id-Kuvin, P.A. Deanna K. Shullman, -sq. EFTA00233343 A111-30-Z008(408) 10:06 P. 006/0'd I • IN RE: INVESTIGATION OF JEFFREY EPSTEIN NOIN:PROSECIPTION AGEEE8tENT IT APPEARING that the City of Palm Beach Police Department and the State Attorney's Office for the 15th Judicial Circuit in and for Patrn Belch County (hereinafter, the "State Attorney's Office") have conducted an investigation into the conduct of Jeffry Epstein (hereinafter "Epstein"); ITAPPEARING that the State Attorney's Office has charged Epstein by indictmem with solicitation of prostitution, in violation of Florida Statutes Section 796.07; IT APPEARING that the United Stattz Attorney's Office and the Federal Bureau of Investigation have conducted their own investigation into Epstein's teckground and any offenses thut may have been committed by Epstein against the United States from in or around 2001 through in or around September 2007, including: i(1) knowingly and willfully conspiring with others known and unknown to commit an offense against the United States, that is, to use a facility or means of interstate or foreign commerce to knowingly persuade, induce, or entice minor females to engage in prostitution, in violation of Title 18, United States Code, Section 2422(b); all in violation of Title18,United States Code, Section 371; (2) (3) knowingly and wilfully conspiring with others known and unknown to travel in interstate commerce for the purpose of engaging in illicit sexual conduct, as defined in 18 § 2423(f), with minor females, in violation of Title 18, United States Code, Section 2423(b); all in violation of Title 18, Urited States Code, Section 2423(e); 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 I R, 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 § 2423(1), with minor females; in violation Page 1 of 7 EFTA00233344 106130-2008(014) I Or 06 P. 007/0I4 of Title 18, United States Code, Section 2423(b); and (5) lemwingly, in and affecting interstate and foreign commerce, retaining. enticing, and obtaining by any means a person, knowing that the person bad not attained the age of 16 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 IS, United States Code, Sections 1591(a)(1) and 2; and rr APPEARING that Epstein seeks to resolve globally his state and federal criminal liability and Epstein undo-Minds and acknowledges that, in exchange for the benefits provided by this agreement, he agrees lo comply with its terms, including undertakingcertain actions with the State Attorney's Office; IT APPEARING, after an investigation of the offenses and Epstein's background by both Stare rind Federal law enforcement agencies, raid after due consultation with the State Attorney's Office, that the interests of the United States, the State of Florida, and the Defendant will be served by the following procedure; THEREFORE, on the authority of R. Alexander Acosta, United States Attorney for the Southern District of Florida, prosecution in this District for these offenses shall be deferred in favor of prosecution by the State of Florida, provided that Epstein abides by the following conditions and the requirements of this Agreement set forth *below. If the United States Attorney should determine, based on reliable evidence, that, during the period of the Agreement, Epstein wi Wilily violated any of the conditions of this Agreement, then the United States Attorney may, within in'nety (90) days following the expiration of the term of home confinement discussed below, provide Epstein with timely notice specifying the condition(s) of the Agreement that he has violated, and shall initiate its prosecution on any offense within sixty (60) days' of giving notice of the violation. Any notice provided to Epstein pursuant to this paragraph shall be provided within 60 days of the United States learning of facts which may provide a basis for a determination of a brtach of the Agreement. After timely fulfilling all the terms and conditions of the Agreement, no prosecution for the offenses set out on pages 1 and 2 of this Agreement, nor any other offenses that have been the subject of the joint investigation by the Federal Bureau of Investigation and the United Stares Attorney's Office, nor any offenses that arose from the Perim-al Grand Jwy investigation will be instituted in this District, and the charges against Epstein if any, will be dismissed. Page 2 of 7 EFTA00233345 JO-30-2008(MON) 10:06 Terms of the Agreement: P. 008/Olt 1. Epstein shall plead guilty (not nolo contendere) to the indicanent as currently pending against him in the 15th Judicial Circuit in and for Palm Bench County (Case No. 2006-cl-009495AX/03M) charging one (1) count of solicitation of 'restitution, in violation of FL Salt § 796.07. In addition, Epstein shall plead guilty to an Information filed by the State Attorney's Office charging Epstein with an offense that requires him to register as a sex offender, that is, the solicitation of minors to engage in prostitution, in violation offloads StatutesSection 796.03; 2. Epstein shall make a binding recommendation that the Court impose a thirty (30) month sentence to be divided as follows: (a) Epstein shall be sentenced to consecutive terms of twelve (12) months and six (6) months in county jail for all charges, without any opportunity for withho/dingadjudiention or sentencing, and without probation or community control in lieu of imprisonment; and (b) Epstein shall be sentenced to a twat of twelve (12) months of community control consecutive to his two turns in county jail as described in Term 2(n), supra 3. This agreement is contingent upon a Judge of the 15th Judicial Circuit accepting and executing the sentence agreed upon between the State Attorney's Office and Epstein, the details of which arc set forth in this agreement. 4. The terms contained in paragraphs 1 and 2, supra, do not foreclose Epstein and the State Attorney's Office from agreeing to recommend any additional charge(s) or any additional tenn(s) of probation and/or incarceration. 5. Epstein shall waive all challenges to the Information filed by the State Attorney's Office and shall waive the right to appeal his conviction and sentence, except a sentence that exceeds what is set forth, in paraimiph (2), supra. 6. Epstein shall provide to the U.S. Attorney's Office copies of all Page 3 of 7 EFTA00233346 JUN-30-2008(M0N) 10:06 • proposedagreementswiththe Stale Attorney's Office priorto entering into those agreements. 7 The United States shall provide Epstein's attorneys with a list of individuals whom it has identified as victims, as 4-fined in 18 U.S.C. § 2255, after Epstein has signed this agreement and been sentenced. Uponthe execution ofthis agrecsnent,the United States, in consultation with and subject to the good faith approval of Epstein's counsel, shall select an attomeyrepresentative forthesepersons, who shall be paid For by Epstein. Epstein's counsel may contact the identified individuals through that representative. 8. If any of the individuals referred to in paragraph. (7) sups, elect to Me suit pursuant to 18 U.S.C. § 2255, Epstein will not contest the jurisdiction oftheUtrited States District Court fortbe Southern District *Merida over his person and/or the subject matter ,andEp stein waives bisrightto contemliability and also waives hi-slight to contest damages up to an ammmt as agreed to between the identified individual and Epstein, so long as the identified individual elects to ptocced exclusively under 18 U.S.C. § 2255, and agrees to waive any other claim for damagas, whether pursuant to state, federal, or common law. Notwithstanding this waiver, as to those individuals whom names appear on the list provided by theUnited States, Epstein's signature on this agreement his waivers and failures to contest liability and such damages in any suit are not to be construed as an admission of any criminal or civil liability. 9. Epstein's signature on this afire anent also is notto be construed as an admission of civil or criminal liability or a waiver of anyjurisdietional or other defense as to any person whose name does not appear on the list provided by the United States. 10. Except as to those individuals who eJed to proceed exclusively under § 2255, as set forth paragraph (0, supra, neither Epstein's signature onthis agreement, nor its teens, nor any resulting waivers or settlements by Epstein are to be construed as admissions or evidence of civil or criminal liability or a waiver of any jarisdictional or other defense as to any person, whether or not her name appears oa the list provided by the United Slates. 11. Epstein shall use his best efforts to enter his guilty plea and be Page 4 of 7 P. 009/014 EFTA00233347 ..1N- 30-2008180O 10:06 P. CI 0/014 serattemed not litter than October 26, 2007. The United States has no objection to Epstein self-reporting,ro_bcginsenang hic_senteset not later than January 4, 2008. 12. Epstein agrees that he will not be afforded any benefits with respect to pin time, other than the rights, opportunities, and benefits as any other inmate, including but not limited to, eligibility for gain time credit based on standard rules and regulations that apply in the State of Florida. At the. United States' request, Epstein agrees to provide an accounting of the pin time be earned during his period of incarceration. 13. The patties anticipate that this agreement -will not be made part of any public record. If the United Stuns receives a Freedom of Information Act request or any compulsory process commanding the disclosure of the agreement, it will provide notice to Epstein before making that disclosure. Epstein understands that the United States Attorney has no authority to require the State Attomey's Office to abide by any testis of this agreement Epstein understands that it is his obligation to undertake discussions with the State Attorney's Office and to use his bestefforts to ensure compliance with thesepareedures, whichcompliancewilt bettor:may to satisfy the United States' interest. Epstein also understands that it is lds obligation to use his best efforts to convince the Judge of the 15th Judicial Circuit to accept Epstein's binding recommendation regarding the sentence to be imposed and understands that the failure to do so will be a breach of the agreement. In consideration of Epstein's agreement to plead guilty and to provide compensation in the manner described above, if Epstein successfully fulfills all of the terms and conditions tithe United States also agrees that it will not institute any g but not limited t Further, upon execution of this agreement an a tit with the State Attorney's Office, the federal Grand Jury investigation will be suspended, and all pending federal Grand Jury subpoenas will be held in abeyance unless and until the defendant violates any tam of this agreement. The defendant likewise agrees to withdraw his pending motion to intervene and to quash eensin grand jury subpoenas. Both parties agree to maintain their evidence, rpm, ificaEy evidence requested by or directly related to the grand jury subpoenas that have been issued, and including certain computer equipment, inviolateuntil all of the terms of this agreement have been satisfied. Upon the successful completion of the terms of this agreement, all outstanding grand jury subpoenas shall be deemed withdrawn. Page 5 of 7 EFTA00233348 JUN-30-t008(MOH) 10106 P 011/014 By signing this ageernent, Epstein assets and certifies that each of these terms is material to this agreement and is supported by independent consideration and that a breach of any one of these conditions allows the United States to elect to terminate the agreement and to investigate and prosecute Epstein and any other individual or entity for any and all federal offenses. By signing this agreement, Epstein asserts and certifies that he is aware of the fact that the Sixth Amendment to the Constitution of the United States provides that in all criminal prosecutions the accused shall enjoy the right to a speedy and public trial. Epstein finthcr is aware that Rule 48(b) of the Federal Rules of Criminal Procedure provides that the Court may dismiss an indictment, information, or complaint for unnecessary delay in presenting a chargcto the Grand Jury, filing an information, or in bringing a defendant to trial. Epstein bezebyrequests thattheUnitedStatmAttomcy forth:: South= District ofFlorida defer such prosecution. Epstein agrees and consents that any delay from the dale of this Agreement to the date of initiation of prosecution, as provided for in the terms expressed herein, shall be deemedto be a necessary delay at his own request, and he hereby waives any defense to such prosecution on the ground that such delay operated to deny him rights under Rule 45(b) of the Federal Rules of Criminal Procedure and the Sixth Amendment to the Constitution of the United States to a speedy trial or to bar the prosecution by reason of the running of the statute of limitations for a period of months equal to the period between the signing of this agree:mot and the breach of this agreement as to those offenses that were the subject of thc gaud jury's investigation. Epstein further asserts and certifies that he understands that the Fifth Amendmmt and Rule 7(a) of the Federal Rules of Criminal Procedure provide that all felonies must he charged in an indictment presented to a grand jury. Epstein hereby agrees and consents that, if a pmsec-ution against him is instituted for any offense that was the subject of the grand jury's investigation, it may be by way of an Information signed and filed by the United States Attorney, and hereby waives his right to be indicted by a grand jury as to any such offense. 11f 'II /11 Page 6 of 7 EFTA00233349 JON-:30-2008O401O 10:06 By signing this agreement, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he enderstaads the conditions of this Non- Prosecution Agreement and agrees to comply with them. Dated: By: Dated: 772",,_.Dated: Dated: R. ALECANDER.ACOSTA UNITED STATES ATTO}WEY ASSISTANT U.S. ATTO GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY FESTEIN LILLY ANN SANCHEZ, ESQ. ATTORNEY FOR JEFFREY EPSTEIN Page? of 7 roP. Olii014 EFTA00233350 J0*-30-2008(MON) 10:07 P. 013/Old By signing this agreement. Epstein asserts and certifiesthat the above has bean read and explained to him. Epstein hereby states that he understands the conditions of this Non- Prosecution Agreement and agrees to comply with then Dated: Dated: Dated: Dated: R. ALEXANDER ACOSTA UNITED STATES ATTORNEY BY: ASSISTANT U . Lg.LY ANN SANetrPt ESQ. ATTORNEY FOR JEFFREY EPSTEIN Pagel of 7 EFTA00233351 JUt'-30-2008(NON) 10:0? P.014/014 By signing this 38TCC333Cilt, Epstein melts and catifres that the above has been read and explained to him. Epstein bereby statcs that he understands the conchae= of thisN'on- Prosecution Agrectinent and agrees to comp)), with them. ALEXANDER ACOSTA MUTED STATES ATTORNEY Doted: Dated: Dated: Dated:q-M . BY: ASSISTANT . JEFFREY EPSTEIN GERALD LEECOGRT, ESQ. COUNSEL. TO JEPFREY BESTEDT • ESQ. ATTORNEY FORIERFREY EPSTEIN Page 7417 EFTA00233352 IN RE: INVESTIGATION OR JEFFREY EPSTEIN ADDENDUM TO THE NON-PROSECUTION AGREEMENT IT APPEARING that the parties seek to clarify certain provisions of page 4, paragraph 7 of the Non-Prosecution Agreement (hereinafter "paragraph 7'), that agreement is modified as follows: 7A. The United States has the right to assign to an independent third-party the responsibility for consulting with and, subject to the good faith approval of Epstein's counsel, selecting the attorney representative for the individuals identified under the Agreement. If the United States elects to assign this responsibility to an independent third-party, both the United States and Epstein retain the right to make good faith objections to the•attomey representative suggested by the independent third-party prior to the final designation of the attorney representative. 7B. The parties will jointly prepare a short written submission to the independent third-party regarding the role of the attorney representative and regarding Epstein's Agreement to pay such attorney representative his or her regular customary hourly rate for representing such victims subject to the provisions of paragraph C, infra. 7C. Pursuant to additional paragraph 7A, Epstein has agreed to pay the fees of the attorney representative selected by the independent third party. This provision, however, shall not obligate Epstein to pay the foes and costs of contested litigation filed against him. Thus, if after consideration of potential settlements, an attorney representative elects to file a contested lawsuit pursuant to 18 U.S.C. s 2255 or elects to pursue any other contested remedy, the paragraph 7 obligation of the Agreement to pay the costs of the attorney representative, as opposed to any statutory or other obligations to pay reasonable attorneys fees and costs such as those contained in s 2255 to bear the costs of the attorney representative, shall cease. EFTA00233353 By signing this Addendum, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he understands the clarifications to the Non- Prosecution Agreement and agrees to comply with them. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Dated: By: ASSISTANT U.S. ATTORNEY Dated: JEFFREY EPSTEIN Dated: (0/11/07 Dated: ERALD LEFCO RT ESQ. COUNSEL TO MEER Y EPSTEIN LILLY ANN SANCHEZ, ESQ. ATTORNEY FOR JEFFREY EPSTEIN EFTA00233354 THE PALM BEACH POST • SATURDAY, SEPTEMBER.19, 2009 Epstein's secret pact with feds reveals `highly unusual' terms Epstein Faces many civil lawsuits filed by some of the 30 to 40 women identified as victims in the federal investigation. By SUSAN SPENCER-WENDEI Palm Brock Post Staff Writer WEST PALM BEACH - A secret non-prosecution agreement multimillionaire financier Jeffrey Ep- stein struck with federal prosecutors is being called "highly unusual" by former federal prosecutors and downright outrageous by attorneys now represent- ing young women who serviced him. The deal reveals that the FBI and the US. At- torney's Office investigated him for several federal crimes; including engaging minors in commercial sex. The crimes are punishable by anywhere from 10 years to life in prison. But federal prosecutors backed down aixl agreed to recall grand jury subpoenas if Epstein pleaded guilty to prostitution -related felonies in state court, which he ultimately did. lie received an 18-month jail sentence, of which he served 13 months. See EPSTEIN, 12A ► EFTA00233355 Tension between prosecutors, police IP. EPSTEIN from IA The US. Attorney's Office also agreed not to charge any of Epstein's ' le •onspirators: in part by heavyweight New York cri mi nal defense attorney Gerald Lefcourt. Unsealed on Friday af- ter attorneys for some of Epstein's victims and The Palm Beath Post sought its release, it offers the first public look at the deal Epstein% high-powered , legal counsel brokered on his behalf. Mark Johnson of Stuart, a former federal prosecu- tor, described the dispar- ity in potential sentences ' as unusual, but even more so a provision on attorney payment. The first draft of the ent in September 261.ft:enquired that Epstein pay an attorney — tapped by the US. Attorney's Of- fice and approved by Ep- stein — to represent some of the victims. That attor-. ney is prominent Miami lawyer Bob Josefsberg. But an addendum to the agreement signed the following month struck Epstein% duty to pay Josefsberg if he and the victims did not accept settlements —' capped at $150,000 — and instead pursued lawsuits. Johnson said it appears the government was try- ing to balance the lesser sentence for Epstein with recovering $150,000 for each victim. "I've never, ever seen anything like that in my life," he said. "It's highly unusual." The deal does not say whether any victims were contacted or consulted be- fore the deal was made. Attorney Brad Edwards of Fort Lauderdale, who represents three of the young women, believes that none of the 30 to 40 women identified as vic- tims in the federal inves- tigation were told ahead of time. Edwards said his clients received letters from the US. Attorney's Office months after the deal was signed, assuring them Epstein would be prosecuted. "Never consulting the victims is probably the most outrageous aspect of it," Edwards said. "It taught them that someone with money can buy his way out of anything. It's outrageous and embar- rassing for United States Attorney's Office and the State Attorney% Office." . Epstein now faces many civil lawsuits filed by the women, who are represented by a variety of attorneys. In many, the allegations are the same: that Epstein had a predi- lection for teenage girls, identified poor, vulnerable ones and used other young women to lure them to his Palm Beach mansion. They walked away with between $200 and $1,000. Former Circuit Judge Bill Berger, also represent- ing victims, called the agreement a "sweetheart deal." "Why was it so impor- tant for the government to make this deal?" Berger asked rhetorically. "We have not yet had an hon- est explanation by any public official as to why it was made ... and why the victims were sold down the river." Former federal pros- ecutor Ryon McCabe de- scribed the agreement as "very unorthodox." Such agreements, he said, are usually reserved for corpo- rations, not individuals. "It's very, very rare. I've never seen or heard of the procedure that was set up here," said McCabe, who has no involvement in any Epstein litigation. "He% essentially avoid- ing federal prosecution because he ..can afford, to pay that many lawyers to help those victims review their cases. ... If a person has no money, he couldn't be able to strike a deal like this and avoid federal pros- ecution." The backroom deal with federal prosecutors is all the more interesting in light of the legal power- houses who have worked for Epstein, including Harvard professor Alan Dershowitz and Bill Clin- ton investigator Kenneth EFTA00233356 Starr. Lefcourt is a past president of the National Association of Criminal Defense Lawyers. Epstein's local defense aitorney, Jack Goldberger, issued a statement Fri- day saying he had fought the release of the sealed agreement, to protect the third parties named there. "Mr. Epstein has fully abided by all of its terms and conditions. I-fe is look- ir%forward to putting this difficult period in his life behind him. lie is con- tinuing his long-standing history of science philan- thropy." The investigation trig- gered tensions between police and prosecutors, with then-Palm Beach Chief Michael Reiter say- ing in a May 2006 letter to then-State Attorney Barry Krischer that the chief prosecutor shoukl disqualify himself. continue to find your office's treatment of these cases highly unusual," Re- iter wrote. He then asked for and got the federal investigation that ended in the sealed deal. "The Jeffrey Epstein matter was an experience of what a many-million- dollar defense can accom- plish," Reiter told the Palm Beach Daily Nem upon his retirement. e Susan_spencer wendei apbposi.com Former Judge Bill Berger, representing victims, called the agreement a 'sweetheart deal.' .MRoeraed otht Epstein agreetnt that Was unsealed Friday. la Get past coverage on the the Jeffrey Epstein case. PalmGeachPost.com/epsteth • See video of Epstein being questioned about his manhood. Page2lIve.com EFTA00233357 12A THE PALM BEACH POST • TUESDAY. SEPTEMBER 22.2009 The Palm Beach Post TIM BURKE, Executive Editor RANDY SCHULTZ Editor of the Editorial Page Sleazy perp, sleazier deal On the second page of the secret deal between federal prosecutors and Jeffrey Epstein, we read that the agreement will serve the interests of "the United States, the State of Florida, and the Defendant? Wrong on the first two, right on the third. Until Friday, the public didn't know the terms of the deal that finalized the case of the Palm Beacher who arranged to have girls brought to his house for sex and massages. Only Epstein% platoon of lawyers, the US. Attorney% Office Epstein for the Southern District • of Florida and the Palm Beach County Clare Attorney's Office knew the details. And now we know why the perpetrators of this outrage didn't want the public to know. The deal is an indictment of a system that did much more for a criminal than for his victims. Jeffrey Epstein — officially a registered sex offender but in plain terms a pervert — escaped what should have been serious prison time. Instead, the fed- eral deal allowed him to plead guilty to light charges in state court. He spent just 13 months — nights only — in the Palm Beach County Jail. Meanwhile, the government tried to help Epstein buy off the young girls whom Epstein had exploited. Several of those girls have filed civil suits against Epstein. (Their lawyers and lawyers for The Post sued to make the plea deal public) In the agreement, the government proposes to identify all the alleged victims and steer them to a lawyer, whose ex- penses Epstein would pay. In return, however, the victims would withdraw all lawsuits from state court and agree to a settlement in federal court of no more than $150,000 each. Even then, of course, Epstein would not acknowledge any "liability" Government acted like Epstein's go-betweens. The agreement thus placed the Department of Justice in a role simi- lar to those of the four women who procured girls for Epstein. If there's a precedent in this or any of the other 92 United States attorney% offices, we'd like to hear it. Not surprisingly, R. Alexander Acosta also agreed not to prosecute those women. If the outcome is frustrating, so is the lack of accountability. Mr. Acosta's name is on the deal, but he's now the dean of Florida International University% law school. A call to his office for comment Monday was not returned. The name of Assistant US. Attorney A. Marie Villafana is on the deal. She still works as a federal prosecutor in West Palm Beach, but Alicia Valle, the office's special coun- sel, said in an e-mail, "We cannot comment on your questions." Didn't she really mean tall not? This case got into the federal system because former Palm Beach Police Chief Michael Reiter believed that Palm Beach County State At- torney Barry Krischer wasn't moving aggressively enough. Mr. Krischer retired last year. The assistant state attorney who oversaw the race is no longer with the office. At this point, the public must hope that the civil suits suck as much money from Epstein as possible. Money seems to be all that he understands. Also, Jef- frey Simian is serving as the acting US. attorney for the Southern District of Florida until President Obatua nomi- nates a permanent replacement for confirmation by the Senate. It would be good to know that whoever follows Mr. Acosta is on record that the Jeffrey Epstein deal did not serve the interests of the United States. TALK BACK! How much of a break did the system give Jeffrey Epstein? http://blogs.Pal mBeachPost.corn/opinionzono EFTA00233358 MANDATE from DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT This cause having been brought to the Court by appeal, and after due consideration the Court having issued its opinion; YOU ARE HEREBY COMMANDED that such further proceedings be had in said cause as may be in accordance with the opinion of this Court, and with the rules of procedure and laws of the State of Florida. WITNESS the Honorable Robert M. Gross, Chief Judge of the District Court of Appeal of the State of Florida, Fourth District, and seal of the said Court at West Palm Beach, Florida on this day. DATE: CASE NO.: COUNTY OF ORIGIN: T.C. CASE NOS.: STYLE: ORIGINAL TO: cc: Barbara J. Compiani Deanna K. Shullman Spencer T. Kuvin Michael J. Pike September 18, 2009 4D09-2554 Palm Beach 502006CF009454AXXMB and 502008CF009381AXXMB JEFFREY EPSTEIN STATE OF FLORIDA, ET AL. t 41414 Aterea/vhbaeth t MARILYN BEUTTENMULLER, Clerk Fourth District Court of Appeal Sharon R. Bock, Clerk Jane Kreusler-Walsh Diana Martin State Attorney-P.B. James B. Lake Jack A. Goldberger William J. Berger Bradley J. Edwards R. Alexander Acosta Robert D. Critton, Jr. U.S. Attorney'S Office Rebecca Mercier Vargas kg EFTA00233359 THE PALM BEACH POST • FRIDAY, SEPTEMBER 18, 2009 ti)t'TjM ... Just don't ask millionaire Palm Beach sex offender Jeffrey Epstein about his pri- vates. Local attorney Spencer Kurth did dur- ing a deposition Sept. 2, and Epstein walked out— 100 seconds after it started. And it was all caught on a video posted on Page 71ea% online sister, page2live.com. Epstein did answer the first question: "What is your name?" But he balked at the sec- ond: "Is it true that ... you have an egg-shaped penis?" Epstein took off his microphone and left. And it cost the Wall Street prodigy Epstein: He was fined Epstein $800 by the West Palm Beach court currently hearing civil lawsuits filed by women whom Ep- stein paid for sex when they were underage. "It absolutely was an im- portant question," said Kuvin. "If he claims to have never met them, then we should know whether the victim is telling the truth."The deposition has been reset for Oct. 8, and Epstein should expect the same question ... Burt Reynolds was back in rehab Thursday. It was just for a daylong refresher at the Hanley Center in WPB. Reynolds, 73, admitted himself at Hanley for a 30-day program in mid-August and was released last week. He admitted to battling an addiction to pain pills ... WEST PALM BEACH -- Finan- cier and sex offender Jeffrey Epstein's secret deal struck with federal prosecutors Is due to be released to the pubik today. Circuit Judge Jeffery Colbath ruled the document was improp- erly sealed and should be released, and an appellate court agreed. Under the deal, Epstein avoided fed- eral charges and pleaded guilty in state court to fFlorn, solicitation of pros- titution and procuring a person under the age of 18 for prostitution. In July 2008, he was sentenced to 18 months in jail and later allowed out up to six days a week on work release. He now faces at least 20 civil lawsuits filed by women who say they were victims. EFTA00233360 THE PALM BEACH YOST • FRIDAY, UNE 26.2009 Judge agrees Epstein's sex By SUSAN SPENCER-WENDEL Palm Rear* Past Stqff Writer WEST PALM BEACH — A circuit judge agreed Thursday to unseal a deal billionaire Jeffrey Epstein struck with federal pros- ecutors to avoid their fil- ing of charges in the wake of his sex scandal with underage girls. Circuit Judge Jeff Col- bath said he would not re- lease Epstein% agreement with federal prosecutors until Monday, allowing him time to redact the to unseal scandal deal Epstein names of vic- tims. Colbath ruled that the deal had not been sealed properly. Jack Goldberger, Epstein% at- torney, immediately asked for a stay of Colbath% deci- sion to unseal the agree- ment in order to appeal it. A hearing on that request is set for this morning See EPSTEIN, 5B to Epstein scheduled fbr release in July 00. EPSTEINfrom 113 Attorneys for women now suing Epstein, as well as attorneys for The Palm Beach Post, had asked Col- bath to release the deal, arguing the pUblic and the victims have a right to see it. "There is nothing more fundamentally important than for the public and press to observe how the governntent is doing its job," IS attorney Deanna Shullman said. "There is great public interest in how everybody in this rage is doing their job." Goldberger argued that the confidential agreement Epstein struck with federal prosecutors should remain confidential. Included in it, Goldberger said, are ref- erences to federal grand jury proceedings, which are secret and protected by federal rules. A federal judge should decide the issue, he said. Attorneys Spencer Kuvin and Brad Edwards, who represent some of the women now suing Epstein, both said they were 'not surprised by Epstein% at- torney moving to appeal "Any chance to stall in any way and keep the agreement out of public disclosure, they will take it," said Edwards outside court. He will have served about 13 months of an 18-month sentence. Eps