EFTA00193022 Page 1 of 3 IN RE: INVESTIGATION OF JEFFREY EPSTEIN ## NON-PROSECUTION AGREEMENT (starting at paragraph 2) 2. Epstein and the State Attorney's Office shall make a joint, binding recommendation that the Court impose a thirty(30) month sentence to be divided as follows: (a) Epstein shall begin by serving at least eighteen (18) months in county jail for all charges, without any opportunity for withholding adjudication or sentencing, and without probation or community control in lieu of imprisonment; and (b) following the term of imprisonment, Epstein shall serve twelve (12) months of community control. 3. Epstein shall waive all challenges to the Information filed by the State Attorney's Office and shall waive the right to appeal his conviction and sentence. 4. Epstein shall provide to the U.S. Attorney's Office copies of all proposed agreements with the State Attorney's Office prior to entering into those agreements. 5. Epstein agrees that the will set up a Trust from which funds will be available to disburse to an agreed list of persons who seek reimbursement by filing suit pursuant to 18 U.S.C. §2255. The Trust will be disbursed to the individuals by the Trustee to be designated by the U.S. District Court for the Southern District of Florida. 6. The United States and Epstein’s attorneys will agree upon a list of identified persons after Epstein has signed this agreement and has been sentenced. The United States shall make a motion with the United States District Court for the Southern District of Florida for the appointment of a guardian ad litem for the identified and agreed upon list of persons, and Epstein’s counsel may contact the identified victims through that counsel. 7. Epstein will not contest the jurisdiction of the United States District Court for the Southern District of Florida over his person and/or the subject Epstein state plea jpl edits 9/21/07 4:47pm EFTA00193023 Page 2 of 3 matter, and Epstein waives his right to contest liability or damages up to an amount agreed to by the parties for any settlements. The defendant’s waiver is not to be construed as an admission of civil or criminal liability in regards to any of those who seek compensation from the Trust. 8. Epstein shall enter his guilty plea and be sentenced not later than October 19, 2007 (Marie - Jack is out of town on trial and gets back on the 16th or 17th of October. As a result, I shorted from 75 to 30 the lag before sentencing.). Following the plea, Epstein will have 30 days before sentencing and an additional 15 days to self-report to his sentence in order to get his affairs in order. After timely fulfilling the terms and conditions of this Agreement, the United States agrees that no prosecution will be instituted or initiated against the defendant for any and all criminal charges which might otherwise in the future be brought against the defendant that arise out of the ongoing FBI federal investigation for offenses that include but are not limited to those listed above or conspiracies or attempts to violate such statutes or for any other offense that is or has been the subject of the federal investigation being conducted by the Federal Bureau of Investigations and/or the United States Attorney’s Office. The defendant's fulfilling the terms and conditions of the Agreement also precludes the initiation of any and all criminal charges which might otherwise in the future be brought against Sarah Kellen, Adriana Ross, Lesley Groff, and Nadia Marcinkova, any employee of N.E.S. or any unnamed co-conspirators for any criminal charge that arises out of the ongoing federal investigation as described above. Further, although the parties agree that the United States cannot bind immigration authorities in any way, The United States agrees it will not request, initiate, or recommend immigration authorities to institute immigration proceedings against Ross or Marcinkova as a result of the ongoing investigation. The United States agrees that, upon execution of this agreement, its Grand Jury investigation will be suspended, and all pending Grand Jury subpoenas will be held in abeyance unless and until the defendant violates any term of this agreement. The defendant likewise agrees to withdraw his pending motion to intervene and to quash certain grand jury subpoenas. The defendant further agrees that the current custodian of certain computer equipment shall maintain that evidence inviolate until all of the terms of this agreement have been satisfied. Provided that the defendant does not breach this agreement, the Government agrees that it will not seek to initiate federal investigation or prosecution for conduct subject to this agreement. Epstein understands that the United States Attorney has no authority to require the State Attorney’s Office to abide by any terms of this agreement. Epstein understands that it is his obligation to undertake discussion with the State Attorney’s Office to ensure compliance with these procedures, which compliance will be necessary to satisfy the United States’ interest, pursuant to the Petite policy. EFTA00193024 Page 3 of 3 By signing this agreement, Epstein asserts and certifies that each of these terms is material to this agreement and is supported by independent consideration and that a breach of any one of these conditions allows the United States to elect to terminate the agreement and to investigate and prosecute Epstein for any and all federal offenses. By signing this agreement, Epstein asserts and certifies that he is aware of the fact that the Sixth Amendment to the Constitution of the United States provides that in all criminal prosecutions the accused shall enjoy the right to a speedy and public trial. Epstein further is aware that Rule 48(b) of the Federal Rules of Criminal Procedure provides that the Court may dismiss an indictment, information, or complaint for unnecessary delay in presenting a charge to the Grand Jury, filing an information, or in bringing a defendant to trial. Epstein hereby requests that the United States Attorney for the Southern District of Florida defer such prosecution. Epstein agrees and consents that any delay from the date of this Agreement to the date of initiation of prosecution, as provided for in the terms expressed herein, shall be deemed to be a necessary delay at his own request, and he hereby waives any defense to such prosecution on the ground that such delay operated to deny him rights under Rule 48(b) of the Federal Rules of Criminal Procedure and the Sixth Amendment to the Constitution of the United States to a speedy trial or to bar the prosecution by reason of the running of the statute of limitations for a period of months equal to the period between the signing of this agreement and the breach of this agreement. Epstein further asserts and certifies that he understands that the Fifth Amendment and Rule 7(a) of the Federal Rules of Criminal Procedure provide that all felonies must be charged in an indictment presented to a grand jury. Epstein hereby agrees and consents that, if a prosecution against him is instituted, it may be by way of an Information signed and filed by the United States Attorney, and hereby waives his right to be indicted by a grand jury. By signing this agreement, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he understands the conditions of this Non-Prosecution Agreement and agrees to comply with them. Dated: ___ JEFFREY EPSTEIN Dated: ___ GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN Dated: ___ R. ALEXANDER ACOSTA UNITED STATES ATTORNEY