EFTA00190366¶
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¶
July 22, 2008¶
VIA FACSIMILE¶
Michael R. Tein, Esq.¶
Lewis Tein, P.L.¶
3059 Grand Avenue, Suite 340¶
Coconut Grove, FL 33133¶
Re: Jeffrey Epstein¶
Dear Mr. Tein:¶
In response to your letter of July 21, 2008, the United States hereby provides notice that the United States Attorney has determined, based upon reliable evidence, that, during the period of the Non-Prosecution Agreement, Jeffrey Epstein has willfully violated the conditions of the Agreement. A “breach of any one of these conditions allows the United States to elect to terminate the agreement and to investigate and prosecute Epstein and any other individual or entity for any and all federal offenses.”¶
The Non-Prosecution Agreement called for Mr. Epstein to plead guilty to a child sex offense; to serve eighteen months imprisoned at the Palm Beach County Jail, followed by twelve months of home confinement; and to accept a list of victims who could file suit against Mr. Epstein for damages. Recently, several of the designated victims sought relief. In response, Mr. Epstein sought a stay of those proceedings based on the fact that an ongoing federal investigation exists. This argument was forwarded despite the aforementioned agreement wherein the United States Attorney’s Office agreed not to prosecute Mr. Epstein if he complies with the terms of the Agreement.¶
The portion of the agreement concerning compensation to victims is extremely material to the Agreement and is not being honored by Mr. Epstein. To complete the performance of his contractual obligations, Mr. Epstein must submit to suit under 18 U.S.C. §2255 and admit that the Identified Victims are victims of an offense enumerated in that section. By seeking to stay all civil litigation, during what you assert is the term of the Non-Prosecution Agreement, Mr. Epstein is avoiding performance of that essential contractual term.¶
EFTA00190367¶
MICHAEL R. TEIN, ESQ.¶
JULY 22, 2008¶
PAGE 2¶
Accordingly, the United States Attorney’s Office hereby provides timely notice of Mr. Epstein’s breach of the Non-Prosecution Agreement. Pursuant to the Agreement, the United States Attorney’s Office may initiate its prosecution within sixty (60) days of giving notice of the violation.¶
Sincerely,¶
R. Alexander Acosta¶
United States Attorney¶
By:¶
A. Marie Villafaña¶
cc: Karen Atkinson, Esq.¶
Assistant United States Attorney¶