Keyboard shortcuts

/
Search the files
j k
Move through a list of results
[ ]
Previous or next document
g g · G
Top or bottom of the page
Esc
Leave a search field or close this box
?
Show this box

Go to a page: g then

h
Index
t
Timeline
p
People
r
Redactions
x
Explore
w
News
l
Legislation
a
About

Correspondence · Aug. 15, 2008

Prosecutors' 2008 email chain drafting response to Jay Lefkowitz on the NPA modification

Internal 2008 email chain among federal prosecutors, including Alex Acosta and an official, drafting a response to Jay Lefkowitz declaring the December NPA modification a nullity.Machine-written summary

EFTA00179978

From: Villafana, Ann Marie C. (USAFLS) Sent: Friday, August 15, 2008 1:54 PM To: Lee, Dexter (USAFLS) Cc: Sloman, Jeff (USAFLS) Subject: FW: New proposed response to Jay

Importance: High

Dexter — If we call it “a nullity” instead of “withdrawn” how does that affect the issue with the Jane Does?

A. Marie Villafaña Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777

-----Original Message----- From: Sloman, Jeff (USAFLS) Sent: Friday, August 15, 2008 1:52 PM To: Villafana, Ann Marie C. (USAFLS); Senior, Robert (USAFLS); Acosta, Alex (USAFLS); Lee, Dexter (USAFLS); Atkinson, Karen (USAFLS) Subject: RE: New proposed response to Jay

Marie,

Please substitute the word “withdrawn” in the first sentence with “a nullity”

Jeff

-----Original Message----- From: Villafana, Ann Marie C. (USAFLS) Sent: Friday, August 15, 2008 1:49 PM To: Senior, Robert (USAFLS); Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS); Lee, Dexter (USAFLS); Atkinson, Karen (USAFLS) Subject: RE: New proposed response to Jay

Here is my proposal after speaking with Jeff.

Dear Jay and Roy:

Thank you for your response to my earlier e-mail. Our communications with Mr. Black and later with Mr. Lefkowitz were solely to determine what Mr. Epstei considered to be the terms of the Non-Prosecution Agreement. We appreciate your question with finality. You have now made clear that Mr. Epstei

183

EFTA00179979

did not accept the December modification, and accordingly, the offer to make that modification is hereby withdrawn.

Pursuant to our Agreement, I will prepare an Amended Notification that contains the names of additional identified victims. As you know, Judge Davis had selected the Podhurst firm to serve as the attorney representative for the victims. Assuming that Mr. Josefsberg is still amenable to the appointment, we will provide him with the victim list so that he may begin his service.

Finally, as you are aware, the United States has been ordered to produce the Non-Prosecution Agreement. In accordance with that Order, we will produce the September Agreement with the October Addendum signed by your client. We understand that Mr. Goldberger did not provide the state court with a true copy of the complete Agreement, and he should take steps to correct that error.

A. Marie Villafaña Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777

-----Original Message----- From: Senior, Robert (USAFLS) Sent: Friday, August 15, 2008 1:34 PM To: Acosta, Alex (USAFLS); Villafana, Ann Marie C. (USAFLS); Sloman, Jeff (USAFLS); Lee, Dexter (USAFLS); Atkinson, Karen (USAFLS) Subject: Re: New proposed response to Jay

Original Message ----- From: Acosta, Alex (USAFLS) To: Villafana, Ann Marie C. (USAFLS); Sloman, Jeff (USAFLS); Senior, Robert (USAFLS); Lee, Dexter (USAFLS); Atkinson, Karen (USAFLS) Sent: Fri Aug 15 11:55:13 2008 Subject: RE: New proposed response to Jay

How about a slightly different version:

Thank you for your response. Our communications with Roy Black and later with you were solely to determine what Mr. Epstein considered to be the terms of the Non-Prosecution Agreement. We appreciate your answering our question with finality. You have now made clear that Mr. Epstein did not accept the December modification, and accordingly, we will now consider that modification to be a nullity.

Pursuant to our Agreement, I will prepare an Amended Notification that contains the name of additional identified victims. In accordance with Paragraph 7B,

EFTA00179980

please provide me with a proposed written submission to the Special Master by Monday afternoon.

Finally, as you are aware, yhe United States has been ordered to produce the Non-Prosecution Agreement. In accordance with that Order, we will produce the September Agreement with the October Addendum signed by your client. We understand that Mr. Goldberg may not have provided the state court with a true copy of the complete Agreement, and he should take steps to correct that error.

From: Villafana, Ann Marie C. (USAFLS)

To: Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS); Senior, Robert (USAFLS); Lee, Dexter (USAFLS); Atkinson, Karen (USAFLS)

Subject: New proposed response to Jay

Thank you for your response. Our communications with Roy Black and later with you were solely to determine what Mr. Epstein considered to be the terms of the Non-Prosecution Agreement. You have now made clear that Mr. Epstein did not accept the December modification and does not intend to perform the obligations set forth therein. The Office is not going to continue negotiating the terms of the Agreement. We only sought finality and you have answered our question. Accordingly, the December proposed modification is hereby withdrawn.

The United States has been ordered to produce the Non-Prosecution Agreement and, in accordance with that Order, will produce the September Agreement with the October Addendum signed by your client. Mr. Goldberger should be advised that we understand he has not provided the state court with a true copy of the complete Agreement, and he should take steps to correct that error. I will prepare an Amended Notification that contains the name of additional identified victims and will provide that to you promptly.

In accordance with Paragraph 7B of the Agreement, please provide me with a proposed written submission to the Special Master by Monday afternoon. We will expect a showing of good faith in the selection of the attorney representative and all other terms of the Agreement and excessive delays, like those that have occurred in the past, will be considered a breach of that duty of good faith.

Sincerely,

A. Marie Villafaña

Assistant U.S. Attorney

500 S. Australian Ave, Suite 400

West Palm Beach, FL 33401

Phone 561 209-1047

185

EFTA00179981

Fax 561 820-8777

Tracking:

186

EFTA00179982

Recipient
Lee, Dexter (USAFLS)
Sloman, Jeff (USAFLS)

Read

Read: 8/15/2008 1:55 PM

Read: 8/15/2008 1:57 PM

187

Prosecutors' 2008 email chain drafting response to Jay Lefkowitz on the NPA modification

Emails and letters

Internal 2008 email chain among federal prosecutors, including Alex Acosta and an official, drafting a response to Jay Lefkowitz declaring the December NPA modification a nullity.

DOJ Epstein Files, Data Set 9 · Aug. 15, 2008

EFTA00179978 From: Villafana, Ann Marie C. (USAFLS) Sent: Friday, August 15, 2008 1:54 PM To: Lee, Dexter (USAFLS) Cc: Sloman, Jeff (USAFLS) Subject: FW: New proposed response to Jay Importance: High Dexter -- If we call it "a nullity" instead of "withdrawn" how does that affect the issue with the Jane Does? A. Marie Villafaña Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 -----Original Message----- From: Sloman, Jeff (USAFLS) Sent: Friday, August 15, 2008 1:52 PM To: Villafana, Ann Marie C. (USAFLS); Senior, Robert (USAFL…