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Correspondence · Sept. 18, 2007

Prosecutor email to Alex Acosta on Epstein plea negotiations, Sept. 2007

Email from an assistant U.S. attorney to Alex Acosta and colleagues reporting plea talks with Jeffrey Epstein, relaying Jay Lefkowitz's terms and proposing a deadline.Machine-written summary

EFTA00191177

Villafana, Ann Marie C. (USAFLS)

From:Villafana, Ann Marie C.(USAFLS)
Sent:Tuesday, September 18,2007 9:31 AM
To:Acosta, Alex(USAFLS); Lourie, Andrew(USAFLS); Garcia,Rolando(USAFLS)
Cc:Atkinson, Karen(USAFLS); McMillan, John(USAFLS)
Subject:Epstein Negotiations

| Importance: | High |

| :--- | :--- |

Hi all – I think that we may be near the end of our negotiations with Mr. Epstein, and not because we have reached a resolution. As I mentioned yesterday, I spent about 12 hours over the weekend drafting Informations, changing plea agreements, and writing factual proffers. I was supposed to receive a draft agreement from them yesterday, which never arrived. At that time, they were leaning towards pleading only to state charges and doing all of the time in state custody.

Late last night I talked to Jay Lefkowitz who asked about Epstein pleading to two twelve-month federal charges with half of his jail time being spent in home confinement pursuant to the guidelines. I told him that I had no objection to that approach but, in the interest of full disclosure, I did not believe that Mr. Epstein would be eligible because he will not be in Zone A or B. This morning Jay called and said that I was correct but, if we could get Mr. Epstein down to 14 months, then he thought he would be eligible.

My response: have him plead to two separate Informations. On the first one he gets 12 months’ imprisonment and on the second he gets twelve months, with six served in home confinement, to run consecutively.

I just received an e-mail asking if Mr. Epstein could just do 12 months imprisonment instead.

As you can see, Mr. Epstein is having second thoughts about doing jail time. I would like to send Jay an e-mail stating that if we do not have a signed agreement by tomorrow at 5:00, negotiations will end. I have selected tomorrow at 5:00 because it gives them enough time to really negotiate an agreement if they are serious about it, and, if not, it gives me one day before the Jewish holiday to get witnesses lined up for Tuesday’s grand jury appearance, when I plan to present the indictment, and it gives the office sufficient time to review the indictment package.

Do you concur?

A. Marie Villafaña

Assistant U.S. Attorney

500 S. Australian Ave, Suite 400

West Palm Beach, FL 33401

Phone 561 209-1047

Fax 561 820-8777

Tracking:

3123