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X-2HIBI-3T Case Document Filed Page of Case Document Entered on FLSD Docket Page of Case Document Filed Page of COMPOSITE EXHIBIT A NON-PROSECUTION AGREEMENT AND ADDENDUM Case Document Entered on FLSD Docket Page of Case Document Filed Page of INRE INVESTIGATION OF JEFFREY EPSTEIN NON-PROSECUTION AGREEMENT 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 APPEARJNG that the State Attorneys Office has charged Epstein by indictment with solicitation of prostitution in violation of Florida Statutes Section IT APPEARJNG that the United States Attorneys Office and the Federal Bureau of Investigation have conducted their own investigation into Epsteins background and any offenses that may have been committed by Epstein against the United States from in or around t.lirough in or around September including I 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 United States Code Section all in violation ofTitle United States Code Section 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 U.S.C with minor females in violation of Title United States Code Section all in violation of Title United States Code Section using a facility or meari_B of interstate or foreign commerce to knowingly persuade induce or entice minor females to engage in prostitution in violation of Title United States Code Sections and traveling in interstate commerce for the purpose of engaging in illicit sexual conduct as defined in U.S.C with minor females in violation Page I of Case Document Entered on FLSD Docket Page of Case Document Filed Page of of Title United States Code Section and knowingly in and affecting interstate and foreign commerce recruiting enticing and obtaining by any means a person knowing that the person had not attained the age of years and would be caused to engage in a commercial sex act as defined in U.S.C in violation of Title United States Code Sections a and and IT APPEARING that Epstein seeks to resolve globally his state and federal criminal liability and Epstein understands and acknowledges that in exchange for the benefits provided by this agreement he agrees to comply with its terms including undertaking certain actions with the State Attorneys Office IT APPEARING after an investigation of the offenses and Epsteins background by both State and Federal law enforcement agencies and after due consultation with the State Attorneys Office that the interests of the United States the State of Florida and the Defendant will be served by the following procedure TIIBREFORR on the authority ofR Alexander Acosta United States Attorney for the Southern District of Florida prosecution in this District for these offenses shall be deferred in favor of prosecution by the State of Florida provided that Epstein abides by the following conditions and the requirements of this Agreement set forth below If the United States Attorney should determine based on reliable evidence that during the period of the Agreement Epstein willfully violated any of the conditions of this Agreement then the United States Attorney may within ninety days following the expiration of the term of home confinement discussed below provide Epstein with timely notice specifying the condition of the Agreement that he has violated and shall initiate its prosecution on any offense within sixty days of giving notice of the violation Any notice provided to Epstein pursuant to this paragraph shall be provided within days of the United States learning of facts which may provide a basis for a determination of a breach of the Agreement After timely fulfilling all the terms and conditions of the Agreement no prosecution for t.ie offenses set out on pages and of this Agreement nor any other offenses that have t.1-ie subject of t.te joint investigation by tle Federal Bureau of 11:vestigation and the United States Attorneys Office nor any offenses that arose from the Federal Grand Jury investigation will be instituted in this District and the charges against Epstein if any will be dismissed Page of Case Document Entered on FLSD Docket Page of Case Document Filed Page of Terms of the Agreement I Epstein shall plead guilty not nolo contendere to the Indictment as currently pending against him in the 15th Judicial Circuit in and for Palm Beach County Case No charging one count of solicitation of prostitution in violation of Fl Stat In addition Epstein shall plead guilty to an Information filed by the State Attorneys 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 Epstein shall make a binding recommendation that the Court impose a thirty month sentence to be divided as follows a Epstein shall be sentenced to consecutive tenns of twelve months and six months in county jail for all charges without any opportunity for withholding adjudication or sentencing and without probation or community control in lieu of imprisonment and Epstein shall be sentenced to a term of twelve months of community control consecutive to his two terms in county jail as described in Term a supra Th.is agreement is contingent upon a Judge of the 15th Judicial Circuit accepting and executing the sentence agreed upon between the State Attorneys Office and Epstein the details of which are set forth in this agreement The terms contained in paragraphs and supra do not foreclose Epstein and the State Attorneys Office from agreeing to recommend any additional charge or any additional term of probation and/or incarceration Epstein shall waive all challenges to the Infonnation filed by the State Attorneys Office and shall waive the right to appeal his conviction and sentence except a sentence that exceeds what is set forth in paragraph supra Epstein shall provide to the U.S Attorneys Office copies ofall Page of Case Document Entered on FLSD Docket Page of Case Document Filed Page of proposed agreements with the State Attorneys Office prior to entering into those agreements The United States shall provide Epsteins attorneys with a list of individuals whom it has identified as victims as defined in U.S.C after Epstein has signed this agreement and been sentenced Upon the execution of this agreement the United States in consultation with and subject to the good faith approval of Epsteins counsel shall select an attorney representative for these persons who shall be paid for by Epstein Epsteins counsel may contact the identified individuals through that representative If any of the individuals referred to in paragraph supra elects to file suit pursuant to U.S.C Epstein will not contest the jurisdiction of the United States Disttict Court for the Southern Disttict of Florida over his person and/or the subject matter and Epstein waives his right to contest liability and also waives his right to contest damages up to an amount as agreed to between the identified individual and Epstein so long as the identified individual elects to proceed exclusively under U.S.C and agrees to waive any other claim for damages whether pursuant to state federal or common law Notwithstanding this waiver as to those individuals whose names appear on the list provided by the United States Epsteins 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 Epsteins signature on this agreement also is not to be construed as an admission of civil or criminal liability or a waiver of any jurisdictional or other defense as to any person whose name does not appear on the list provided by the United States Except as to those individuals who elect to proceed exclusively under U.S.C as set forth in paragraph supra neither Epsteins signature on this agreement nor its terms nor any resulting waivers or settlements by Epstein are to be construed as admissions or evidence of civil or criminal liability or a waiver of any jurisdictional or other defense as to any person whether or not her name appears on the list provided by the United States Epstein shall use his best efforts to enter his guilty plea and be Page of Case Document Entered on FLSD Docket Page of Case Document Filed Page of sentenced not later than October The United States has no objection to Epstein self-reporting to begin serving his sentence not later than January Epstein agrees that he will not be afforded any benefits with respect to gain time other than the rights opportunities and benefits as any other inmate including but not limited to eligibility for gain time credit based on standard rules and regulations that apply in the State of Florida At the United States request Epstein agrees to provide an accounting of the gain time he earned during his period of incarceration The parties anticipate that this agreement will not be made part of any public record If the United States receives a Freedom ofinforrnation 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 Attorneys Office to abide by any tenns of this agreement Epstein understands that it is his obligation to undertake discussions with the State Attorneys Office and to use his best efforts to ensure compliance with these procedures which compliance will be necessary to satisfy the United States interest Epstein also understands that it is his obligation to use his best efforts to convince the Judge of the 15th Judicial Circuit to accept Epsteins 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 Epsteins agreement to plead guilty and to provide compensation in the manner described above ifEpstein successfully fulfills all of the terms and conditions of this agreement the United States also agrees that it will not institute any criminal charges against any potential co-conspirators of Epstein including but not limited to Sarah Kellen Adriana Ross Lesley Groff or Nadia Marcinkova Further upon execution of this agreement and a plea agreement with the State Attorneys 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 of this agreement The defendant likewise agrees to withdraw his pending motion to intervene and to quash certain grand jury subpoenas Both parties agree to maintain their evidence specifically evidence requested by or directly related to the grand jury subpoenas that have been issued and including certain computer equipment inviolate until all of the terms of this agreement have been satisfied Upon the successful completion of the terms of this agreement all outstanding grand jury subpoenas shall be deemed withdrawn Page5 of Case Document Entered on FLSD Docket Page of Case Document Filed Page of 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 a.ly one of these conditions allows the United States to elect to terminate the agreement and to investigate and prosecute Epstein and any other individual or entity for any and all federal offenses By signing this agreement Epstein asserts and certifies that he is aware of the fact that the Sixth Amendment to the Constitution of the United States provides that in all criminal prosecutions the accused shall enjoy the right to a speedy and public trial Epstein further is aware that Rule 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 ofFlorida defer such prosecution Epstein agrees and consents that any delay from the date of this Agreement to the date of initiation of prosecution as provided for in the terms expressed herein shall be deemed to be a necessary delay at his own request and he hereby waives any defense to such prosecution on the ground that such delay operated to deny him rights under Rule of the Federal Rules of Criminal Procedure and the Six1h 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 iimiiations for a period of months equal to the period between the signing of this agreement and the breach of this agreement as to those offenses that were the subject of the grand jurys investigation 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 any offense that was the subject of the grand jurys 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 Ill I II Ill Page of Case Document Entered on FLSD Docket Page of Case Document Filed Page of By signing tbis 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 Dated:1 Dated Dated By ALEXANDER ACOSTA UNITED STATES ATTORNEY A MARIE VlLLAFANA ASSISTANT U.S ATTORNEY GERALD LEFCOURT ESQ COUNSEL TO IBFFREY EPSTEIN LILLY ANN SA..NCHEZ ESQ ATTORNEY FOR JEFFREY EPSTEIN Page of Case Document Entered on FLSD Docket Page of Case Document Filed Page of By signing this agreement Epstein asserts and certifies that the above has been read and explained tn him Epstein hereby states that he understands the conditions of this Non Prosecution Agreement and agrees to comply with them Dated Dated Dated By ALEXANDER ACOSTA UN1TEDSTATESATTORNEY A MARIE VILLAFANA ASSISTANT U.S ATTORNEY LY ANN SANCHEZ ESQ A IT0RNEY OR JEFFREY EPSTE!N Page of Case Document Entered on FLSD Docket Page of Case Document Filed Page of 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 couditioas ofthill Non Prosecution Agreement and agrees to comply with thorn Dated Dated Dated By ALEXANDER ACOSTA UNITED STATES ATTORNEY A MARIE VILLAFANA ASSISTANT U.S ATTORNEY JEFFREY EPSTEIN GERALD LEFCOURT ESQ COUNSEL TO JEFFREY EPSTEIN ESQ ATTORNEY FOR JEFFREY EPSTEIN lage7 of Case Document Entered on FLSD Docket Page of Case Document Filed Page of INRE INVESTIGATION OF JEFFREY EPSTEIN ADDENDUM TO THE NON-PROSECUTION AGREEMENT IT APPEARING that the parties seek to clarify certain provisions of page paragraph of the Non-Prosecution Agreement hereinafter paragraph that agreement is modified as follows A 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 Epsteins 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 fuith objeciions to the attorney representative suggested by the independent lhird-party prior to lhe final designation of the attorney representative 7B The parties will jointly prepare a short written submission to the independent third-party regarding the role ofthe attorney representative and regarding Epsteins Agreement to pay such attorney representative his or her regular customary hourly rate for representing such victims subject to the provisions of paragraph infra 7C Pursuant to additional paragraph A Epstein has agreed to pay the fees of the attorney representative selected by the independent third party This provision however shall not obligate Epstein to pay the fees and costs of contested litigation filed against him Thus if after consideration of potential settlements an attorney representative elects to file a contested lawsuit pursuantto U.S.C or elects to pursue any other contested remedy the paragraph obllgation of the Agreement to pay the costs oftbe attorney representative as opposed to any statutory or other obligations to pay reasonable attorneys fees and costs such as those contained in to bear the costs of the attorney representative shall cease Case Document Entered on FLSD Docket Page of Case Document Filed Page of By signing ibis Addendum Epstein asserts and certifies that the above has been read and explained to h1m Epstein herebi states that he understands the clarifications to the Non Prosecution 267M!"tetnentand a comply with them Dated lo Dated Dated ALEXA.NO nl ACOSTA UNtrnl STA TES ATTOltNEY By FiJllcJ/t ti A MARIE VILLAFA.lIA ASSISTANT U.S.ATTORNEY GERALD LEFCOURT ESQ COUNSEL TO JEFFREY EPSTElN LILLY ANN SANCHEZ ESQ A ITORNEY FOR JEFFREY EPSTEIN Case Document Entered on FLSD Docket Page of Case Document Filed Page of 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 Dated Dated ALEXANDER ACOSTA UNITED STATES ATTORNEY By Mf 11vsA c/i A MAR1E LAFAA ASSISTANT U.S ATTORNEY JEFFREY EPSTEIN LILLY ANNSANCHEZ,ESQ ATTORNEY FOR JEFFREY EPSTEIN Case Document Entered on FLSD Docket Page of Case Document Filed Page of By signing this Addendum Epstein asserts and certifies that the above has been read and explained to him Epstein hereby stales that he unders1ands the clarifications to the Non Prosecution Agreement and agroos to comply with them Dated Dated Dated ict,g iif ALEXANDER ACOSTA UNITED STATES ATTORNEY By A MARIE LAFMi ASSISTANT U.S ATTORNEY JEFFREY EPSTEJN GERALD LEFCOURT ESQ COUNSEL TO JEFFREY EPSTEIN AITORNBY FOR JEFFREY EPSTEIN Case Document Entered on FLSD Docket Page of Case Document Filed Page of DwD!-Dl frc,rfcwlar-Whlte 225rn1tt aommo1 F-il6 Alfinnatlon I Jetm,y Epstein dn her r..-l!ffimi lh NQlH.ros,;oi.ti,:,n AJ:re andMdo:odum da"4 Clc1llbor
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