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Correspondence · Sept. 2007

Correspondence, 2007-09

September 2007 emails between an assistant US attorney and Epstein attorney Jay Lefkowitz discussing draft plea and non-prosecution agreements and obstruction counts.Machine-written summary

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(USAFLS)
From:(USAFLS)
Int:Tuesday, September 18, 2007 8:44 AM
To:'Jay Lefkowitz'
Subject:Draft Agreements?

Hi Jay – I was hoping there would be things for me to read this morning, but I will try to remain patient.

I believe there are only two types of agreements that would apply to this case: (1) 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 not 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 the 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.

hope that helps.

Assistant U.S. Attorney

West Palm Beach, FL 33401

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RFP MIA 000005

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(USAFLS)

Jay Lefkowitz

Re: Draft Agreements?

Confidential - For settlement purposes only

Still working on redline. But pls look at this:

August ___, 2007, FBI Special Agents and traveled to the home of in connection with an investigation pending in the Southern District of Florida. Mr. Epstein was informed of the service of the As a result, Mr. Epstein attempted to harass both delay and hinder their receipt of a to attend an official proceeding, more particularly the to which l. Mr. Epstein, in particular, changed travel plans and flew with both 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 Mr. Epstein further verbally harassed both in connection to this attempt to delay their voluntary receipt of process all in violation of 18 USC 1512(d)(1).

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 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 email to Barry and Ianna to determine their availability Thanks.

Assistant: U.S. Attorney

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

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Correspondence, 2007-09

Emails and letters

September 2007 emails between an assistant US attorney and Epstein attorney Jay Lefkowitz discussing draft plea and non-prosecution agreements and obstruction counts.

DOJ Epstein Files, Data Set 9 · Sept. 2007

EFTA00074063 Case 1:19-cr-00490-RMB Document 32-1 Filed 07/18/19 Page 3 of 4 Case 9:08-cv-80736-KAM Document 361-10 Entered on FLSD Docket 02/10/2016 Page <table border="1" <tr <td colspan="2" (USAFLS)</td </tr <tr <td From:</td <td (USAFLS)</td </tr <tr <td Int:</td <td Tuesday, September 18, 2007 8:44 AM</td </tr <tr <td To:</td <td 'Jay Lefkowitz'</td </tr <tr <td Subject:</td <td Draft Agreements?</td </tr </table Hi Jay – I was hoping there would be things for me to read this morning, but I will try to remain patient. I believe there are only two types of agreements that would apply to th…