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Correspondence

Email from AUSA an official to Jay Lefkowitz on plea and non-prosecution options

Assistant U.S. an official emails Jay Lefkowitz explaining plea versus non-prosecution agreements, FOIA accessibility, and potential obstruction charges against Epstein.Machine-written summary

EFTA00191180

Hi Jay – I was hoping there would be things for me to read this morning, but I will try to remain patient.

I believe there are only two types of agreements that would apply to this case: (1) a plea agreement to a federal charge or charges; and (2) a non-prosecution agreement (which is really a deferred prosecution agreement because the defendant agrees that if he violates the agreement, the U.S. can prosecute him).

A plea agreement is part of the court file. It is not accessible on-line via PACER, but someone can go to the Clerk’s Office to obtain a copy.

A non-prosecution agreement would not be made public or filed with the Court, but it would remain part of our case file. It probably would be subject to a FOIA request, but it is not something that we would distribute without compulsory process.

On the obstruction charges, many of the facts I included in that first proffer were hypothesized based upon our discussions and the agents’ observations of Ms. Groff. We will need to interview her to confirm the accuracy of those facts. On a second count, we could rely on the incident where Mr. Epstein’s private investigators followed father, forcing him off the road. Or, if there is something more recent related to any grand jury subpoenas, we could consider that.

Hope that helps.

A. Marie Villafaña

500 S. Australian Ave, Suite 400

Assistant U.S. Attorney

West Palm Beach, FL 33401

Phone 561 209-1047

Fax 561 820-8777

Tracking:

3114