EFTA00184351¶
Case 9:08-cv-80736-KAM Document 361-18 Entered on FLSD Docket 02/10/2016 13¶
Page 3 of¶
09/18/2007 08:44 AM¶
cc¶
| Su Draft Agreements? |
| bj |
| ec |
| t |
Hi Jay – I was hoping there would be things for me to read this morning, but I will try to remain patient.¶
08-80736-CV-MARRA¶
RFP WPB 000267¶
EFTA00184352¶
Case 9:08-cv-80736-KAM Document 361-18 Entered on FLSD Docket 02/10/2016 13¶
Page 4 of¶
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 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.¶
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.¶
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.¶
Villafafaña¶
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¶
08-80736-CV-MARRA¶
RFP WPB 000268¶
EFTA00184353¶
Case 9:08-cv-80736-KAM Document 361-18 Entered on FLSD Docket 02/10/2016 13¶
Page 5 of¶
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 postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments.¶
070918 12.22 pm Plea Agreement 1512 counts.wpd¶
08-80736-CV-MARRA¶
RFP WPB 000269¶