In Re Operation Leap Year Key Correspondence Volume 1 of 2¶
(Through Signing of Non-Prosecution Agreement)¶
INDEX¶
| Tab | Date & Time | From | To | Description |
|---|---|---|---|---|
| 1 | 11/16/06 | Sanchez | Letter requesting documents in accordance with agreement with Guy Lewis | |
| 2 | 1/8/07 | Sanchez | Letter requesting documents | |
| 3 | 1/17/07 | Sanchez | Letter requesting documents | |
| 4 | 5/15/07 | Goldberger | ||
| 5 | 5/24/07 | Lefcourt | ||
| 6 | 6/6/07 | Targ | ||
| 7 | 6/18/07 | Lefcourt | ||
| 8 | 7/1/07 | Sanchez Lefcourt | E-mail re outstanding subpoenas and planned meeting for 7/11/07 | |
| 9 | 7/6/07 | Lefcourt | Letter analyzing inapplicability of 18 USC § 2422(b) | |
| 10 | 7/16/07 | Black | ||
| 11 | 7/26/07 | U.S. Attorney’s Office | Defense | Summary of terms of non-prosecution agreement and calculation of guideline range |
| 12 | 8/16/07 | Lefcourt | Letter regarding NES subpoenas | |
| 13 | 9/6/07 5:47 pm | E-mail summarizing status of negotiations | ||
| 14 | 9/10/07 5:23 pm | Lefcourt | E-mail attaching first proposed Non-Prosecution Agreement |
EFTA00190101¶
| 15 | 9/11/07 12:05 pm | E-mail containing Acosta edits to Non-Prosecution Agreement | ||
| 16 | 9/11/07 2:15 pm | Lefcourt | E-mail forwarding revised agreement containing Acosta eduts | |
| 17 | 9/12/07 3:44 pm | Lefkowitz | E-mail rejecting offer to have Epstein plead to assault in the maritime jurisdiction of the US | |
| 18 | 9/12/07 4:20 pm | Lefkowitz | E-mail rejecting offer to have Epstein plead to assault in the maritime jurisdiction of the US [sent to alternate Lefkowitz e-mail address] | |
| 19 | 9/12/07 5:55 pm | Lefkowitz | Responding to rejection and thanking office for meeting | |
| 20 | 9/13/07 6:58 pm | Acosta SL | E-mail updating status of negotiations and discussing other potential federal charges | |
| 21 | 9/13/07 7:27 pm | Lefkowitz | E-mail scheduling conference call and mentioning other possible federal charges | |
| 22 | 9/13/07 7:35 pm | Lefkowitz | E-mail confirming conference call and stating that he is considering same charges | |
| 23 | 9/14/07 9:25 am | Acosta | E-mail summarizing conference call with Lefkowitz - agreement to plead to an Information charging 1 count of obstruction and 1 count of simple assault. | |
| 24 | 9/14/07 9:40 am | Lefkowitz | E-mail asking to revise the Information to charge 1 count of 403 instead of 1512 and requesting a factual proffer. | |
| 25 | 9/14/07 9:54 am | Lefkowitz | E-mail containing draft plea agreement and Information. | |
| 26 | 9/14/07 9:56 am | Lefkowitz | E-mail regarding proposed changes from Lefkowitz. | |
| 27 | 9/14/07 1:02 pm | (AUSA-Alaska) | Response to my e-mail enclosing trust agreement and supporting documentation. | |
| 28 | 9/17/07 9:43 am | Black Lefkowitz | E-mail informing them of removal of hearing on motion to quash from Judge Marra's calendar. | |
| 29 | 9/17/07 10:35 am | E-mail summarizing status of plea negotiations with Lefkowitz | ||
| 30 | 9/17/07 11:33 am | Acosta | E-mail summarizing status of plea negotiations with Lefkowitz |
EFTA00190102¶
| 31 | 9/17/0711:43 am | Acosta | E-mail asking to advise Lefkowitz that agreement is draft only. | |
| 32 | 9/17/0711:45 am | Lefkowitz | E-mail providing most recent draft of Non-Prosecution Agreement(w/Agreement attached) | |
| 33 | 9/18/078:44 am | Lefkowitz | E-mail summarizing possible agreements, possible federal charges,and confidentiality concerns | |
| 34 | 9/18/079:18 am | Lefkowitz | E-mail asking us to consider pleading to one 12-month count with 6 months of community control | |
| 35 | 9/18/079:31 am | Acosta | E-mail relating status of negotiations. | |
| 36 | 9/18/0710:05 am | E-mail stating new terms that negotiated with Lefkowitz. | ||
| 37 | 9/18/0711:09 am | Lefkowitz | E-mail containing a proposed Non-Prosecution Agreement with a plea to two violations of 18 USC§1512(d) | |
| 38 | 9/18/0711:18 am | E-mail forwarding Lefkowitz's proposed agreement with discussion of improper terms | ||
| 39 | 9/18/0711:43 am | E-mail commenting that Lefkowitz's proposed agreement does not contain a promise to register and a promise to pay damages | ||
| 40 | 9/18/0711:52 am | Lefkowitz | E-mail containing a revised proposed agreement with a plea to only one Information | |
| 41 | 9/18/0712:44 pm | Lefkowitz | E-mail responding to proposed agreement and noting incorrect calculation of Sentencing Guidelines | |
| 42 | 9/18/071:22 pm | Lefkowitz | E-mail responding to Lefkowitz's question re Guidelines calculation and attaching a proposed plea agreement. | |
| 43 | 9/18/072:53 pm | Lefkowitz | E-mail addressing the appropriate 1512 charge and providing a draft factual proffer | |
| 44 | 9/19/0710:45 am | Lefkowitz | E-mail addressing a joint meeting with defense,USAO,and SAO to finalize all agreements | |
| 45 | 9/19/0711:48 am | Lefkowitz | E-mail chain discussing facts supporting 1512 charge | |
| 46 | 9/19/073:44 pm | Lefkowitz | E-mail forwarding a"redline"of the federal plea agreement.Lefkowitz draft contains |
EFTA00190103¶
| agreements: (a) to waive the PSI, (b) to make a binding sentencing recommendation, (c) to recommend jointly an incorrect Guidelines calculation, (d) to set up a Trust governed by the State court, (e) to have Epstein plead to “coercing a person to become a prostitute,” which is a non-registrable offense, and removes the appeal waiver | ||||
| 47 | 9/19/07 4:05 pm | Krischer | E-mail forwarding Lefkowitz's draft and discussing problems with his proposal | |
| 48 | 9/20/07 9:31 am | Belohlavek Krischer | E-mail chain discussing proposed joint meeting with Epstein's counsel to finalize all agreements | |
| 49 | 9/20/07 1:56 pm | E-mail forwarding federal plea agreement incorporating Acosta and comments | ||
| 50 | 9/20/07 3:52 pm | Lefkowitz | E-mail forwarding final federal plea agreement and Information. | |
| 51 | 9/20/07 5:33 pm | Lefkowitz | E-mail discussing telephone conference to discuss final changes | |
| 52 | 9/20/07 5:33 pm | E-mail chain discussing factual proffer in support of federal plea | ||
| 53 | 9/20/07 5:46 pm | Acosta | E-mail summarizing call with Lefkowitz in response to Lefkowitz call to Acosta | |
| 54 | 9/20/07 6:12 pm | Lefkowitz | E-mail responding to most recent federal plea agreement with questions re sentence and Section 2255 language | |
| 55 | 9/20/07 6:42 pm | Krischer | Lefkowitz | Response to 6:12 pm e-mail stating that we seem to be far apart on 2255 language and stating that timeline must be shortened |
| 56 | 9/20/07 7:03 pm | E-mail stating that Lefkowitz wants to remove registration requirement | ||
| 57 | 9/20/07 8:35 pm | E-mail asking call Lefkowitz and inform him that Epstein must plead to registrable offense | ||
| 58 | 9/21/07 10:22 am | E-mail informing of conversation with Lefkowitz about registration issue | ||
| 59 | 9/21/07 10:44 am | Lefkowitz | E-mail containing Lefkowitz's “redlined” Non-Prosecution Agreement beginning at paragraph 2. Contains language that Epstein waives his right to contest liability | |
| 60 | 9/21/07 10:57 am | Lefkowitz | E-mail requesting non-redlined version of agreement | |
| 61 | 9/21/07 12:03 pm | Krischer | Belohlavek | E-mail summarizing SAO negotiations with Goldberger, including Goldberger's request |
EFTA00190104¶
| that Epstein not have to register | ||||
|---|---|---|---|---|
| 62 | 9/21/07 2:12 pm | ■ | ■ | E-mail containing revised agreement incorporating some of Lefkowitz’s language and highlighting 2255 negotiations |
| 63 | 9/21/07 2:46 pm | Lefkowitz | ■ | E-mail attaching State plea agreement, including plea to procuring person under 18 for prostitution |
| 64 | 9/21/07 2:47 pm | ■ | ■ | Response to e-mail about Lefkowitz’s proposed language regarding immigration proceedings |
| 65 | 9/21/07 2:55 pm | ■ | Lefkowitz | E-mail informing Lefkowitz of refusal to include immigration language |
| 66 | 9/21/07 2:54 pm | ■ | Lefkowitz | E-mail with questions regarding state plea agreement |
| 67 | 9/23/07 11:58 am | Lefkowitz | Acosta | E-mail admitting that the defense based their agreement to plead to 796.03 on a “mistaken assumption” and requesting that Epstein not have to register |
| 68 | 9/23/07 1:57 pm | Secretary to Lefkowitz | ■ | E-mail containing another redlined version of agreement |
| 69 | 9/23/07 4:03 pm | ■ | Lefkowitz | E-mail containing revised Non-Prosecution Agreement |
| 70 | 9/23/07 4:31 pm | Acosta | Lefkowitz | E-mail response to Lefkowitz instructing Lefkowitz to deal directly with and in negotiating agreement |
| 71 | 9/23/07 8:01 pm | ■ | Lefkowitz | E-mail correspondence regarding guardian ad litem issue |
| 72 | 9/23/07 8:31 pm | Lefkowitz | ■ | E-mail discussing guardian ad litem issue and providing another redlined version of agreement |
| 73 | 9/23/07 8:35 pm | Lefkowitz | E-mail discussing appointment of a trustee in lieu of a guardian ad litem with responses attached, including Lefkowitz’s suggestion that the USAO “consider simply appointing a representative. We would agree to someone you considered appropriate.” | |
| 74 | 9/23/07 8:58 pm | ■ | Lefkowitz | E-mail containing amended Non-Prosecution Agreement incorporating some changes requested by defense |
| 75 | 9/24/07 12:42 am | Acosta | ■ | E-mail containing Acosta edits to Agreement |
EFTA00190105¶
| 76 | 9/24/07 7:54 am | Lefkowitz | E-mails related to Acosta edits with Agreement attached | |
| 77 | 9/24/07 11:46 am | Lefkowitz | Lefkowitz Weinberg | E-mail containing Lefkowitz's final edits to agreement |
| 78 | 9/24/07 1:28 pm | Lefkowitz Weinberg | E-mail containing Acosta's final edits and asking to discuss potential victim representative | |
| 79 | 9/24/07 1:54 pm | Acosta Atkinson | E-mail containing final agreement as approved by both parties | |
| 80 | 9/24/07 4:03 pm | Lefkowitz | E-mail requesting signed agreement, with response | |
| 81 | 9/24/07 4:26 pm | Acosta | E-mail containing signed agreement |
In Re Operation Leap Year Key Correspondence Volume 2 of 2¶
[Correspondence following Signing of Non-Prosecution Agreement]¶
INDEX¶
| Tab | Date&Time | From | To | Description |
| 1 | 9/24/07 | Final Signed Non-Prosecution Agreement | ||
| 2 | 9/25/078:37 pm | Lefk | E-mail with list of suggested attorney representatives | |
| 3 | 9/26/0711:01 am | Lefk | E-mail regarding suggested attorney representatives | |
| 4 | 9/26/0711:49 am | Lefk | E-mail rejecting attorney representatives recommended by Lefkowitz | |
| 5 | 9/27/0710:52 am | Lefk | E-mail forwarding questions from Ocariz | |
| 6 | 9/27/073:06 pm | Lefk | E-mail to Lefkowitz responding to his concerns about Ocariz's questions |
EFTA00190106¶
| Date | Time | Location | Contact | Action | |
|---|---|---|---|---|---|
| 7 | 10/3/07 3:15 pm | Lefk | E-mail to schedule conference call with memo regarding attorney representative selection process | ||
| 8 | 10/3/07 3:38 pm | Lefk | E-mail regarding memo | ||
| 9 | 10/3/07 4:23 pm | Lefk | E-mail attaching proposed text of letter to Special Master | ||
| 10 | 10/3/07 7:30 pm | Lefk | E-mail responding to Lefkowitz’s concerns about letter to Special Master | ||
| 11 | 10/5/07 7:49 am | Lefk | E-mail about Special Master process | ||
| 12 | 10/5/07 11:04 am | Lefk | E-mail attaching letter raising concerns about Special Master process | ||
| 13 | 10/5/07 4:48 pm | E-mail forwarding letter from Lefkowitz re Special Master process | |||
| 14 | 10/7/07 6:29 pm | E-mail chain including correspondence between Sanchez and Sanchez | |||
| 15 | 10/9/07 8:51 am | E-mail attaching correspondence from Sanchez regarding Special Master Process | |||
| 16 | 10/9/07 | Sanchez | Letter responding to Sanchez letter | ||
| 17 | 10/22/07 4:41 pm | Lefkowitz Acosta | E-mail to Lefkowitz attaching proposed Addendum and letter to Judge Davis | ||
| 18 | 10/22/07 5:10 pm | Lefk | E-mail addressing Special Master issues | ||
| 19 | 10/22/07 5:23 pm | Lefk | Acosta | E-mail responding to issue of using Judge Davis as attorney representative | |
| 20 | 10/23/07 | Lefk | Acosta | Letter to Acosta stating that Epstein will enter his guilty plea on November 20, 2007; addressing attorney representative issues; stating that Office will not communicate with State Atty's Office | |
| 21 | 10/23/07 9:40 pm | Acosta | Response to Lefkowitz's letter noting specific misrepresentation | ||
| 22 | 10/24/07 3:45 pm | Lefk Acosta | E-mail attaching revised addendum and letter to Special Master | ||
| 23 | 10/24/07 5:30 pm | Lefk Acosta | E-mail attaching revised letter to Judge Davis | ||
| 24 | 10/25/07 | Davis | Letter advising Judge Davis of his selection as Special Master |
EFTA00190107¶
| 25 | 10/30/07 9:56 am | E-mail attaching final addendum | ||
|---|---|---|---|---|
| 26 | 10/30/07 | Final executed Addendum to the Non-Prosecution Agreement | ||
| 27 | 10/31/07 11:51 am | Lefk | E-mail response to Lefkowitz's inquiry regarding “discovery” in the civil case | |
| 28 | 11/5/07 | Lefkowitz | Letter addressing problems with Epstein's performance [NEED SIGNED COPY] | |
| 29 | 11/8/07 | Lefk | Letter stating that Epstein intends to comply and raising 2255 concerns | |
| 30 | 11/27/07 1:55 pm | Lefk Acosta | E-mail responding to Lefkowitz's statement in his letter that he needs to conduct “due diligence” on selection of Podhurst firm | |
| 31 | 11/28/07 | Starr | Fisher | Letter requesting meeting with Fisher |
| 32 | 11/28/07 4:35 pm | E-mail asking to send proposed victim notification letter to Lefkowitz in response to Lefkowitz's complaints about notifying victims | ||
| 33 | 11/28/07 4:47 pm | Lefk Acosta | E-mail attaching proposed victim notification letter | |
| 34 | 11/29/07 | Lefk | Acosta | Letter responding to e-mail containing the victim notification letter. |
| 35 | 11/30/07 | Acosta | Lefk | Letter directing Lefk to speak with and about victim notification issues and informing defense of willingness to unwind the agreement |
| 36 | 12/4/07 | Acosta | Starr | Letter responding to Starr's complaints to Fisher regarding the 2255 issues and detailing the negotiations of the agreement |
| 37 | 12/5/07 | Starr Lefk | Acosta | Letter “reaffirming the Non-Prosecution Agreement” but reiterating challenges to 2255 and the office's investigation |
| 38 | 12/6/07 | Lefkowitz | Letter responding to victim notification objections and attaching revised victim notification letter | |
| 39 | 12/7/07 | Sanchez | Acosta Starr | Letter containing signed Affirmation of the Non-Prosecution Agreement and Addendum and requesting a delay in sending victim notification letters |
| 40 | 12/7/07 | Starr Lefk | Acosta Fisher | Letter stating the defense will respond to Acosta letter by 12/10/07, and attaching “the independent ethics opinions of Judge Herbert J. Stern and Joe D. Whitley” |
EFTA00190108¶
| 41 | 12/11/07 | Starr | Acosta | Cover letter to introduce two separate letters addressing policy concerns |
| 42 | 12/11/07 | Lefk | Acosta | Letter attacking evidence upon which prosecution was based (contains same challenges raised in earlier submission) requesting “fulsome review” of the evidence, and attacking “improper involvement and conduct of federal authorities” |
| 43 | 12/11/07 | Lefk | Acosta | Letter addressing 2255 concerns |
| 44 | 12/13/07 | Lefk | Letter responding to alleged improprieties | |
| 45 | 12/17/07 | Lefk | Acosta | E-mail responding to inquiry from 12/14/07 meeting about why defense had waited so long to go to DC |
| 46 | 12/17/07 | Starr Lefk | Acosta | 110-page letter addressing inapplicability of procurement statute to Epstein's conduct, State Attorney's Office's belief that Epstein should not have to register, inapplicability of 18 USC § 2422 to Epstein's conduct; and reiteration of 2255 concerns. Attachment: 7/6/07 Lefcourt letter with attachments |
| 47 | 12/19/07 | Acosta | Sanchez | Letter responding to issues raised at December 14th meeting, including 2255, victim notification, and asserted inapplicability of Fl. Stat. 796.03 |
| 48 | 12/21/07 | Lefk | Acosta | Letter responding to 12/19/07 Acosta letter regarding 2255, victim notification, and Fl. Stat. 796.03 |
| 49 | 12/26/07 | Lefk | Acosta | Letter stating that there should be no notification to victims and stating that there is no language that they can propose to resolve the 2255 problem |
EFTA00190109¶