| From: | Villafana, Ann Marie C.(USAFLS) |
| Sent: | Thursday,August 14,2008 3:27 PM |
| To: | 'Jay Lefkowitz' |
| Cc: | Atkinson,Karen(USAFLS);'Roy BLACK' |
| Subject: | RE:Follow-up point |
Dear Jay:
The modification contained in the December letter is clear and simple, that is why we were not surprised by Mr. Epstein’s and his attorneys’ actions affirming acceptance of the modification. Mr. Epstein’s acceptance of the modification by pleading guilty was equally clear and simple -- it followed written communications from Mr. Sloman and myself that read: “Mr. Epstein has until the close of business on Monday, June 30, 2008, to comply with the terms and conditions of the agreement between the United States and Mr. Epstein (as modified by the U.S. Attorney’s December 19th letter to Ms. Sanchez), including entry of a guilty plea, sentencing, and surrendering to begin his sentence of imprisonment.”
As clearly stated in the December letter, only those “individuals whom [the United States] was prepared to name in an Indictment as victims of an enumerated offense” are the beneficiaries of the agreement. That is the list of names that I provided to Messrs. Goldberger and Tein following the change of plea. Under the September/October agreement, all “individuals whom [the United States] has identified as victims” are the beneficiaries, so I would prepare a supplement to the earlier list to include identified victims whom we were not yet prepared to name in an indictment.
Again, as stated in the letter, the modification replaces paragraphs 7 and 8 of the Agreement, including paragraphs 7A through 7C that are included in the October Addendum. This means that Mr. Epstein’s waiver of “his right to contest damages up to an amount as agreed to between the identified individual and Epstein” will no longer exist, nor will Mr. Epstein’s obligation to pay for the victims’ counsel. Paragraphs 9 and 10 are still in effect. This includes the statement that there is no admission of civil or criminal liability, and that, “[e]xcept as to those individuals who elect to proceed EXCLUSIVELY under 18 USC § 2255, . . . Epstein’s signature [cannot] be construed as admissions or evidence of civil or criminal liability.” This addresses your question regarding exclusivity.
I don’t think that Mr. Epstein has to make any constructive admissions of conviction. He only needs to admit that the 32 girls whose names I have provided to Mr. Goldberger are “victims” of an offense listed in 18 U.S.C. 2255.
Please let me know if you have any additional questions. Thank you.
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