SDNY prosecutor notes on a proffer discussion with Epstein's scheduler, Nov 2019

re: client¶

Date: Tue, 26 Nov 2019 01:21:40 +0000¶

and possibly joining late), November 25, 2019¶

• view proffer as step toward hopefully resolving the matter in some way

• viewing it as protected under Rule 410

• whether or not can make it clear, re: #5, that her waiver is solely with respect to a proceeding brought by our Office [or criminal?]

o “with respect to criminal proceedings brought by the Office”¶

• we discussed with counsel our belief that a discussion without a proffer agreement would be less protective than with one, rather than more, and that ordinarily we don’t undertake investigative interviews or innocence proffers as being covered by Rule 410

• requested that we discuss with supervisors whether we would make an exception in this case, and we said we would check

• initially had thought she would just talk about her background, upbringing, employment, but assuming this all goes okay, we may be willing to allow her to go further and discuss her , how she went about scheduling, as well as the abuse

Assistant U.S. Attorney¶

Southern District of New York¶

EFTA00040582¶