EFTA00190341¶
U.S. Department of Justice¶
United States Attorney¶
Southern District of Florida¶
500 South Australian Ave., Suite 400¶
West Palm Beach, FL 33401¶
(561) 820-8711¶
Facsimile: (561) 820-8777¶
June 27, 2008¶
VIA FACSIMILE AND ELECTRONIC MAIL¶
Jack A. Goldberger, Esq.¶
Atterbury, Goldberger & Weiss, P.A.¶
One Clearlake Centre, Suite 1400¶
250 Australian Ave S.¶
West Palm Beach, FL 33401-5015¶
Roy Black, Esq.¶
Black Srebnick Kornspan & Stumpf P.A.¶
201 S. Biscayne Blvd, Suite 1300¶
Miami, FL 33131¶
Re: Jeffrey Epstein¶
Dear Messrs. Goldberger and Black:¶
Thank you for providing me with the proposed plea agreement between Mr. Epstein and the State Attorney’s Office. The U.S. Attorney’s Office hereby provides Notice that the proposed sentencing provision does not comply with the terms of the Non-Prosecution Agreement.¶
The second sentencing paragraph of the proposed plea agreement reads:¶
On 08CF009381AMB, the Defendant is sentenced to 18 months Community Control 1 (one). As a special condition of this Community Control, the Defendant must serve the first 6 months in the Palm Beach County Detention Facility …¶
The Non-Prosecution Agreement specifically provides:¶
Epstein shall be sentenced to consecutive terms of twelve (12) months and six (6) months in county jail for all charges, … without probation or community control in lieu of imprisonment.¶
Thus, the proposed plea agreement with the State Attorney’s Office does not comply with the terms of the Non-Prosecution Agreement. To comply with the Agreement, Mr. Epstein must make a binding recommendation of eighteen months imprisonment, which means confinement twenty-four¶
EFTA00190342¶
JACK GOLDBERGER, ESQ.¶
ROY BLACK, ESQ.¶
JUNE 27, 2008¶
PAGE 2 OF 2¶
hours a day at the County Jail, and the judge must accept that recommendation. Community control must follow that term of incarceration.¶
Secondly, we have not been provided with a copy of the Information filed in case number 08CF009381AMB. I want to confirm that Mr. Epstein is being charged with the substantive offense of procuring minors to engage in prostitution, not attempted procurement. Accordingly, please provide me with a copy of the Information at your earliest opportunity. I will be available via e-mail throughout the weekend or you may reach me on my cell phone at 561 601-2301.¶
Thank you.¶
Sincerely,¶
R. Alexander Acosta¶
United States Attorney¶
By: Mari Vallafaro¶
A. Marie ■ illafaña¶
Assistant United States Attorney¶
cc: Karen Atkinson, AUSA¶