Keyboard shortcuts

/
Search the files
j k
Move through a list of results
[ ]
Previous or next document
g g · G
Top or bottom of the page
Esc
Leave a search field or close this box
?
Show this box

Go to a page: g then

h
Index
t
Timeline
p
People
r
Redactions
x
Explore
w
News
l
Legislation
a
About

Correspondence · Sept. 18, 2007

Correspondence, 2007-09-18

Emails between Assistant U.S. an official and defense lawyer Jay Lefkowitz disputing draft plea agreement terms, sentence length, and proffers.Machine-written summary

EFTA00191178

Villafana, Ann Marie C. (USAFLS)

From:
Sent:
To:
Cc:
Subject:

Villafana, Ann Marie C. (USAFLS)

Tuesday, September 18, 2007 11:43 AM

‘Lourie, Andrew’; Garcia, Rolando (USAFLS)

Atkinson, Karen (USAFLS)

RE: Draft Agreements?

He also removed any promise to plead to a registrable offense and the promise related to the girls’ damages claims.

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

From:Villafana, Ann Marie C. (USAFLS)
Sent:Tuesday, September 18, 2007 11:18 AM
To:'Lourie, Andrew'; Garcia, Rolando (USAFLS)
Cc:Atkinson, Karen (USAFLS)
Subject:FW: Draft Agreements?
Importance:High

Andy and Rolando: Please see below so you understand my frustration. This document is completely different from what Jay just told Andy they would agree to. He has it written as 16 months’ imprisonment followed by 8 months federal supervised release. He wants us to recommend an improper calculation of the guidelines, and he wants to waive the PSI so he can keep all of his information confidential. I have already told Jay that the PSI language and other language in this agreement was unacceptable to our office. I will send back a plea agreement that reads consistent with what Jay represented to Andy but I don’t believe that this will be resolved by Tuesday unless they come down here and we have a group contract writing session with the state attorney’s office and the decision-makers.

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

From:Jay Lefkowitz [mailto:JLefkowitz@kirkland.com]
Sent:Tuesday, September 18, 2007 11:09 AM
To:Villafana, Ann Marie C. (USAFLS)
Subject:RE: Draft Agreements?

Confidential — For Settlement purposes only.

Marie — Please look this over and let’s see if we can identify any issues that we need to discuss in greater detail. Since you can’t go to only one count of obstruction, but 18 would become about 15 with gain time, I have made a proposal of a total 24 month sentence based on two informations. This would include a period of home detention. We can then follow

3112

EFTA00191179

this with a state plea as well so he serves the additional time there. I need to see your language for proffers on the two charges - (taking Nadia and Sarah out of the jurisdiction to avoid process.)

Alternatively, at this stage, we could have just one count for 12 months and then 6 months incarceration under the state followed by community control and probabtion. I am not sure which is more practicable.

Please let me know when you are free to speak.

Thanks — Jay

“Villafana, Ann Marie C. (\USAFLS)”

Ann.Marie.C.Villafana@usdoj.gov

09/18/2007 09:14 AM

To “Jay Lefkowitz” JLefkowitz@kirkland.com

cc

Subject RE: Draft Agreements?

Hi Jay – I know that the U.S. Attorney will not go below 18 months of prison/jail time (and I would strongly oppose the suggestion).

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

From:Jay Lefkowitz [mailto:JLefkowitz@kirkland.com]
Sent:Tuesday, September 18, 2007 8:59 AM
To:Villafana, Ann Marie C. (USAFLS)
Subject:Re: Draft Agreements?

an alternative to what we discussed just now might be to plead to one count of 1512, serve 12 months plus supervised release which would be one year of home detention (if we can make that work), followed by two years of probation in the state on the state charges with the first 6 months being community control.

“Villafana, Ann Marie C. (\USAFLS)” Ann.Marie.C.Villafana@usdoj.gov

09/18/2007 08:44 AM

To “Jay Lefkowitz” JLefkowitz@kirkland.com

cc

Subject Draft Agreements?

3113