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Correspondence

Prosecutor's email to Jay Lefkowitz on plea and non-prosecution agreement options

A prosecutor's email to Epstein attorney Jay Lefkowitz explaining plea versus non-prosecution agreement options and obstruction charge evidence.Machine-written summary

EFTA00184308

Case 9:08-cv-80736-KAM Document 361-10 Entered on FLSD Docket 02/10/2016

Page 1 of 2

EXHIBIT

10

EFTA00184309

Case 9:08-cv-80736-KAM Document 361-10 Entered on FLSD Docket 02/10/2016

Page 2 of 2

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

hope that helps.

1

RFP MIA 000095

Prosecutor's email to Jay Lefkowitz on plea and non-prosecution agreement options

Emails and letters

A prosecutor's email to Epstein attorney Jay Lefkowitz explaining plea versus non-prosecution agreement options and obstruction charge evidence.

DOJ Epstein Files, Data Set 9

EFTA00184308 Case 9:08-cv-80736-KAM Document 361-10 Entered on FLSD Docket 02/10/2016 Page 1 of 2 EXHIBIT 10 EFTA00184309 Case 9:08-cv-80736-KAM Document 361-10 Entered on FLSD Docket 02/10/2016 Page 2 of 2 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…