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Correspondence · Sept. 2007

Emails between prosecutor an official and Jay Lefkowitz on plea terms, Sept. 2007

September 2007 email chain between Assistant U.S. an official and defense counsel Jay Lefkowitz discussing possible plea or non-prosecution agreements and obstruction charges against Epstein.Machine-written summary

Villafana, Ann C. (USAFLS)

1’0M I’ll’ Jay lefkowitz [JLetkowitz@kindaid con} nt: Thursday, September 13, 2007 7.35 PM Viflafana, Ann Marie C. (USAFLS) ubject: Re.

Sounds good. I will be at home. Let’s talk at 9 an. the same statutes.

Look forward to speaking in the morning.

Best, ?ay

Original message

From: “Villafana, Ann C. \ Sent; 09/13/2007 07:26 PM AST To: ?ay Lefkowitz Subject: RE:

Already thirking about

Hi Jay — Yes, I dm. I have been spending some quality time with title 18 looking for nisdemeanors. Do you want to take a look at 18 USC 403, 18 USC 1512(d), and 41 USC 223(a)(1)(B) and we can talk about then tomorrow? I know that someone mentioned there be:ng ctivity on an airplane, 1 just want to make sure that there is factual basis for the plea t the agents can confirm.

.

I’m not Sure exactly where I will be tomorrow morning, so is it alright if I call you?

Have a good evening.

A. Villafana Assistant U.S. AttOrney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401

Original Message

From: Jay Lefkowitz (mailt0:JLefkowitz@kirkland.com: Sent: Thursday, September 13, 2007 7:21 PM To: Villafana, Ann C. (USAFLS) Subject:

Are you free to speak at 9 am tomorrow?

Thanks. Jay

Illil e information ccntained in this communication is confidential, may be attorney-client privileged, nay 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 III ommunication or any part thereof is strictly prohibited d may be unlawful. If you have received this mmunication in error, please notify us immediately by return e-mail or by e-mail to postmastergkirkland.com, 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 postmasterIkirkland.com, and destroy this communication and all copies thereof, including all attachments.

•

•

Villafana, Ann C. (USAFLS)

Villafana, Ann C. (USAFLS) nt: I uesday, September 15, 2007 b:44 AM ‘Jay Lefkowite ubject: Draft Agreements?

Ili Jay - I was hoping there would be things for me to rcad this morning, but I will try to remain patient.

I believe there are only two types of agreements that would apply to this case: (I) a plea agreement to a federal charge or charges; and (2) a non-prosecution agreement (which is really a deferred prosecution agreement because the defendant agrees that if he violates the agreement, the U.S. can prosecute him).

A plea agreement is part of the court file. It is not accessible on-line via PACER, but someone can go to the Clerk’s Office to obtain a copy.

A non-prosecution agreement would not be made public or filed with the Court, but it would remain part of our case file. It probably would be subject to a FOIA request, but it is no: something that we would distribute without compulsory process.

On the obstruction charges, many of the facts I included in that first proffer were hypothesized based upon our discussions and the agents’ observations of We will need to interview her to confirm :he accuracy of those facts. On a second count, we could rely on the incident where Mr. Epstein’s private investigators followed father, forcing him off the road. Or, if there is something more recent related to any we could consider that.

fr ope that helps.

I/Waft:Fla Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401

Villafana, Ann [REDACTED] C. (USAFLS)

From: Jay Lefkowitz [JLefkowitz@kirkland.com] Sent: Wednesday, September 19, 2007 11:36 AM To: Villafana, Ann [REDACTED] C. (USAFLS) Subject: Re: Draft Agreements?

Confidential - For settlement purposes only

Still working on redline. But pls look at this:

On August __, 2007, FBI Special Agents E. Nesbitt Kuyrkendall and Jason Richards traveled to the home of [REDACTED] in connection with an investigation pending in the Southern District of Florida. Mr. Epstein was informed of the service of the [REDACTED]. As a result, Mr. Epstein attempted to harass both [REDACTED] delay and hinder their receipt of a [REDACTED] to attend an official proceeding, more particularly the [REDACTED] to which [REDACTED] [REDACTED] to the United States Virgin Islands rather than to an airport in New Jersey in order to attempt to delay their receipt of what Mr. Epstein expected to be a [REDACTED]. Mr. Epstein further verbally harassed both [REDACTED] in connection to this attempt to delay their voluntary receipt of process all in violation of 18 USC 1512(d)(1).

----- Original Message -----

From: “Villafana, Ann [REDACTED] C. (USAFLS)” [REDACTED] Sent: 09/19/2007 11:18 AM AST To: Jay Lefkowitz Subject: RE: Draft Agreements?

Hi Jay - I don’t know the factual basis for the alleged [REDACTED] because we have no independent evidence of that. So, the agents need to talk to them and then I can draft up a proposed factual proffer. I have sent an e-mail to Barry and Lanna to determine their availability. Thanks.

A. Marie Villafaña Assistant U.S. Attorney [REDACTED]

*****

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. Authorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this

Emails between prosecutor an official and Jay Lefkowitz on plea terms, Sept. 2007

Emails and letters

September 2007 email chain between Assistant U.S. an official and defense counsel Jay Lefkowitz discussing possible plea or non-prosecution agreements and obstruction charges against Epstein.

Court Records: United States v. Epstein (S.D.N.Y. 1:19-cr-00490) · Sept. 2007

Villafana, Ann C. (USAFLS) 1'0M I'll' Jay lefkowitz [JLetkowitz@kindaid con} nt: Thursday, September 13, 2007 7.35 PM Viflafana, Ann Marie C. (USAFLS) ubject: Re. Sounds good. I will be at home. Let's talk at 9 an. the same statutes. Look forward to speaking in the morning. Best, ?ay Original message From: "Villafana, Ann C. \ Sent; 09/13/2007 07:26 PM AST To: ?ay Lefkowitz Subject: RE: Already thirking about Hi Jay -- Yes, I dm. I have been spending some quality time with title 18 looking for nisdemeanors. Do you want to take a look at 18 USC 403, 18 USC 1512(d), and 41 USC 223(a)(1)(B) and w…