EXHIBIT Case Document Entered on FLSD Docket Page of Case Document Entered on FLSD Docket Page of Villafana Ann Marie USAFLS bject Attachments Jay efkowitz JLefkowitz kirkland.com Tuesday September AM Villafana Ann Mar i USAFLS RE Draft Agreements Agreement updated doc.rtf Confidential For Settlement purposes only Marie Please look this over and lets see if we can identify any issues that we need discuss i great detail Since you cant go to only one count of obstruction but would become about i th gain time I have made a proposal of a total month sentence based on two i nformations Th is would include a period of home detention We can the follow this ith a state plea as we ll so he serves the add i tional time there I need to see your language for proffers on the two charges Alternatively at this stage we could have just one count for months and then months incarceration under the state follo wed by community control and probabtion I am not sure which is more practicable Please let me know when you are free to speak Thanks Jay AM To Jay Lefkowitz Jlefkowitz kir1dand com cc Subject RE Draft Agreements Hi Ja know that the U.S Attorney i not go beJow months of priso n/jai tim a nd I would strong ly oppo se the suggestion A Marie Villafana Assistant U.S Attorney Austra ian Ave Suite West Palm Bea ch FL From Jay Lefkowitz mailto:JLefkowitz kirk land com Sent Tuesday September AM To Villafana An Marie USAFLS ubjed Re Draft Agreements an alternative to what we discussed just now might be to plead to one count of serve months us supervised RFP I A Case Document Entered on FLSD Docket Page of release ic wou be one year of home detention if we can make that rk followed by wo years of proba ion in the state on the state charges with the first months being community control AM To Jay Le fkowitz JLef owil2 kirldand cc Subject Draft Agreements Hi ay I was hoping there uld be thing fo me to read thi morning but I will try remain patient I believe there are only two types of agr ee ment that would apply to thi case a plea agre ement to a fede ral harge or harges and a non-prosecution agree ment which is re ally a de ferred pro secution agreement beca se the defendant agrees that i iolat es the agreement th U.S can pro secute hi A plea agreement is part of the court file It i not accessible on-line i a PACER but so eo ne can go to th erks fice to obtain a copy an-prosecution agreement would not be mad public or filed with he Court but it would temain part of our file It pr babl would be subject to a FOIA re quest bu it i not so mething that we would distribute without co mpul so ry pr ocess On the obstruction charges many of the facts I i cl ud in that first pro ffe were hypothesized based upon our i sc ss i ns and the agents observations of __ We will need to interview her to confi rm the ac ura cy of ose facts On a second count we could rely on the incident where Mr Epsteins rivate investigators followed ath forcing him off the road Or if there i something more recent re la ted to any we could consider that Hope th at helps A Marie Villafana A ss i stan U.S Attorne Austr alian Ave Suite West Palm Bea ch FL RFP I A RFP MIA Case Document Entered on FLSD Docket Page of INRE INVESTIGATION OF JEFFREY EPSTEIN I No osec tio Agree ent IT APPEARING that the City of Palm Beach Police Department and the State Attorneys Office for the 15th Judicial Circuit in and for Palm Beach County hereinafter the State Attorneys Office have conducted an investigation into the conduct of Jeffrey Epstein hereinafter Epstein IT APPEARING that the State Attorneys Office has charged Epstein with one count of solicitation of prostitution in vio ation of Florida Statutes Section IT APPEARING that the interest of the United States pursuant to the Petite policy will be served by the following procedure expressed in this Agreement IT APPEARING that the United States Attorneys Office and the Federa Bureau of Investigation have conducted their own investigation of Epsteins background and offenses including knowingly and willfully conspiring with others known and unknown to commit an offense against the United States in violation of Title United States Code Section and all in violation of Title United States Code Section and USC and knowingly and willfully violating Title United States Code Sections and and and Title United States Code Sections a and and THEREFORE on the authority of Alexander Acosta United States Attorney for the Southern District of Florida prosecution in this District for these offenses sha ll be deferred in favorofprosecution by the State of Florida and prosecution of violations of USC by the United States provided that Epstein abides by the fo ll owing conditions and the requirements of this Agreement set forth below Shou Epstein be proven to have vio ated any of the conditions of this Agreement the United States Attorney may initiate prosecution against Epstein for any offense listed above for the duration of this Agreement In this case the United States Attorney will furnish Epstein with notice specifying the condition of the Agreement that he has violated Page of RFP MIA Case Document Entered on FLSD Docket Page of After timely fulfilling all the terms and conditions of the Agreement no prosecution for the offenses set out on pages and of this Agreement will be instituted in this District and the charges against Epstein if any will be dismissed Terms of the Agreement Epstein shall plead guilty to an Information charging one count of a violationof18USC Epstein and the Government agree to follow the United States Sentencing Guidelines which indicate that one count of USC has a Base Offense Level of fourteen pursuant to USSG Epstein and the Government acknowledge that after applying the downward departure to the Base Offense Level for Acceptance the resulting Level is twelve which requires incarceration for ten sixteen months Following the United States Sentencing Guidelines Epstein shall serve twelve months in the custody of the Bureau of Prisons Following Epsteins entry of a guilty plea to the Information described in paragraph infra Epstein shall plead guilty to a second Information charging one additional count of a vio ation of USC Epstein and the Government shall make a joint recommendation that the Court impose a sentence to be divided as follows a Epstein shall serve fou months in the custody of the Bureau of Prisons following the term of imprisonment Epstein shall serve eight months of federa Supervised Release with a special condition that the entire term of the Supervise Release be served in the form of home detention pursuant to USSG 5Fl Epstein acknowledging hi right to appeal under U.S.C hereby waives the rights conferred by to appeal any sentence imposed including any restitution order or to appeal the mann in which the sentence was imposed unless the sentence exceeds the maximum permitted by statute or is the result of an upward departure or upward variance from the guideline range that the Court establishes at entencing Epstein shall enter his guilty plea to both federal Informations no later than November Epstein and the Government agree to recommend to the Court that the Pre-Sentence Investigation Report be waived as to both Informations in which case Epstein and the Government agree that both Page of Case Document Entered on FLSD Docket Page of sentences shall be imposed on the date of lea that Epstein be released on bail that travel shall not be restricted during the period of bail and that Epstein be permitted to self-report to the facility designated by the United States Bureau of Prisons to commence his sentence days after se ntencing If the Court requires a Pre-Sentence Investigation Report Epstein sha ll be sentenced on a later date but the parties agree the bail travel and se lf-report conditions as outlined in this paragraph Epstein and the Government further agree to recommend to the Court that the Court recommend to the Bureau of Pri so that tein be designated to serve his se ntence at a federal prison camp Epstein acknowledging his right appeal under U.S.C hereby waives the righ ts conferred by to appeal any sentence impo sed including any restitution order or to appeal the manner in which the sentence was imposed unless th sentence exceeds the max imum permitted by statute or is the resu of an upward departure or upward variance from he guide line range that the Court establishes at sentencing After timely fulfilling the terms and conditions of this Agreement the United States agrees that no prosecution will be instituted or initiated against Epstein for any and all criminal charges which might otherw i se in the future be ro ught against Epstein that arise out of the ongoing FBI federal i nvestiga tion for offenses that include but are not limited to those listed above that could be brought und er U.S.C and i U.S.C U.S.C or conspiracies or attempts to violate such statutes or fo any other offense that is or has been the subject of the federal investigat ion being conducted by the Federal Bureau of Investigations and/or the United States Attorneys Office Epsteins fulfilling the terms and conditions of the Agreement also preclud es the initiation of any and all crimina charges which might otherwise in the future be br ought against for any criminal charge at arises out of the ongoing federal investigation as described above Further the United States Attorneys Office will not request initiate or any way encourage immigration authorities to institute immigration proceedings against as a result of the ongoing investigation Epsteins fulfilling the term and cond i tions of the Agreement resolves any and all outstanding federal grand jury sub poenas that have requested witness es timony and/or the produ tion of documents and/or computers in relation to the investigation that i the subjec of the Agreement Each subpoena will be withdrawn upon the execution of the Agreement and will not be re i ss ued absent reliable evidenc of a violation of the Agreement Epstein and his counse agree that he computers tha are currently unde subpoena will be safeguarded in their current co ndition by Epsteins counse or their agents until the terms and conditions of the Agreement are fulfilled Provided that Eps tein does not breac this agreement the Government agrees tha i will not seek to initiate federal investigation or pro secut ion for conduct subject to thi agree ment Page of RFP I A RFP MIA Case Document Entered on FLSD Docket Page of Epstein understands that the United States Attorney has no authority to require the State Attorneys Office to abide by any terms of this agreement Epstein understands that it is his obligation to undertake discussion with the State Attorneys Office to ensure compliance with these procedures which compliance will be necessary to satisfy the United States interest pursuant to the Petite policy By signing this agreement Epstein asserts and certifies that each of these terms is material to this agreement and is supported by independent consideration and that a breach of any one of these conditions allows the United States to elect to terminate the agreement and to investigate and prosecute Epstein for any and all federal offenses By signing this agreement Epstein asserts and certifies that he is aware of the fact that the Sixth Amendment to the Constitution of the United States provides that in all criminal prosecutions the accused shall enjoy the right to a speedy and public trial Epstein further is aware that Rule of the Federal Rules of Criminal Procedure provides that the Court may dismiss an indictment information or complaint for unnecessary delay in presenting a charge to the Grand Jury filing an information or in bringing a defendant to trial Epstein hereby requests that the United States Attorney for the Southern District of Florida defer such prosecution Epstein agrees and consents that any delay from the date of this Agreement to the date ofinitiation of prosecution as provided for in the terms expressed herein shall be deemed to be a necessary de ay 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 of the Federal Rules of Criminal Procedure and the Sixth Amendment to the Constitution of the United States to a speedy trial or to bar the prosecution by reason of the running of the statute of limitations for a period of months equal to the period between the signing of this agreement and the breach of this agreement for the offenses listed on pages and infra Epstein further asserts and certifies that he understands that the Fifth Amendment and Rule a of the Federal Rules of Criminal Procedure provide that all felonies must be charged in an indictment presented to a grand jury Epstein hereby agrees and consents that if a prosecution against him is instituted for the offenses listed on pages and infra 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 By signing this agreement Epstein asserts and certifies that the above has been read and explained to him Epstein hereby states that he understands the conditions of this Non-Prosecution Agreement and agrees to comply with them Dated JEFFREY EPSTEIN Dated Page of RFP MIA Case Document Entered on FLSD Docket Page of Dated GERALD LEFCOURT ESQ COUNSEL TO JEFFREY EPSTEIN ALEXANDER ACOSTA UNITED STATES ATTORNEY Page of Case Document Entered on FLSD Docket Page of UNITED STATES vs JEFFREY EPSTEIN PLEA PROFFER On August Mr Epstein learned that his Special Agents would attempt to serve subpoenas on his personal assistants While traveling to the New York City area Mr Epstein re-directed his airplane to the U.S Virgin Islands in order to harass to delay Special Agents from serving targe letters on his assistants Page 6of RFP I A
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