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Correspondence · Aug. 15, 2008

An official–Lefkowitz emails on Epstein non-prosecution agreement terms, Aug. 2008

Email chain between prosecutor an official and defense attorney Jay Lefkowitz negotiating implementation and deadlines of Epstein's non-prosecution agreementMachine-written summary

EFTA00193276

Villafana, Ann Marie C. (USAFLS)

From:Villafana, Ann Marie C.(USAFLS)
Sent:Friday, August 15,2008 11:08 AM
To:Acosta, Alex(USAFLS); Sloman, Jeff(USAFLS); Senior, Robert(USAFLS); Atkinson, Karen(USAFLS); Lee,Dexter(USAFLS)
Subject:FW: Follow-up point

Just received a response from Jay. I’m not sure what he means about talking “this morning,” since I haven’t spoken to him today.

I don’t believe that we should wait two weeks for them to confer. They have the ability to confer over the telephone or to come and visit him (as reported in the Palm Beach Post).

Here is my proposed response:

Dear Jay:

Thank you for your response. It is our position that Mr. Epstein accepted the December modification by his performance. If you prefer to return to the language of the October addendum, we have no objection, but, as you know, I have been ordered to produce the Non-Prosecution Agreement and I cannot wait two weeks to do so. Please advise me by noon on Monday in writing, preferably signed by your client, whether Mr. Epstein intends to perform according to the terms of the December modification or whether he elects to return to the October addendum.

If Mr. Epstein elects to perform according to the terms of the October addendum, then please prepare a proposed written submission to the Special Master, in accordance with Paragraph 7B, for my review by Monday afternoon. The extensive delays of the past will no longer be tolerated, and the Office will insist upon a showing of good faith performance in the selection of the attorney representative and all other terms of the Agreement.

Sincerely,

Marie

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:Friday, August 15, 2008 10:53 AM
To:Villafana, Ann Marie C. (USAFLS)
Cc:Atkinson, Karen (USAFLS); Roy BLACK; Martin Weinberg
Subject:Re: Follow-up point

Marie - thanks for responding to my email. You have narrowed down some of the implementation issues.

As I told you this morning, we cannot accept your contention that Mr. Epstein is bound by an agreement he

223

EFTA00193277

Assistant U.S. Attorney

500 S. Australian Ave, Suite 400

West Palm Beach, FL 33401

Phone 561 209-1047

Fax 561 820-8777

The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments.

The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments.

222

EFTA00193278

[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

From:Jay Lefkowitz [mailto:JLefkowitz@kirkland.com]
Sent:Thursday, August 14, 2008 2:39 PM
To:Villafana, Ann Marie C. (USAFLS)
Cc:Atkinson, Karen (USAFLS); lefkowitz@kirkland.com
Subject:Re: Follow-up point

Marie - In reviewing your December proposal, there are a couple of things I don’t understand.

What limits are placed upon individuals who proceed under 2255 as if “Mr. Epstein had been tried federally and convicted of an enumerated offense.” In other words, what individuals would have this right? And would these individual only have this right if they proceeded exclusively under 2255? Also, to what enumerated offenses do you think would Mr. Epstein have to make constructive admissions of conviction? and how many such offenses? And against whom? Remember that while you may have investigated various offenses, he only plead guilty to certain state crimes.

Finally, would paragraphs 8-10 of the September Agreement still be operative?

I am trying hard to understand what you have intended by the December letter. Alex has says he thinks it benefits Jeffrey, and I am open to understanding it that way. But I would like some clarity on these issues.

Thanks — Jay

“Villafana, Ann Marie C. (USAFLS)”

Ann.Marie.C.Villafana@usdoj.gov

08/14/2008 12:44 PM

To lefkowitz@kirkland.com

cc “Atkinson, Karen (USAFLS)” Karen.Atkinson@usdoj.gov

Subject Follow-up point

Hi Jay – I forgot to mention that I can no longer argue that the Court shouldn’t force us to produce the agreement because we have already provided the victims with the relevant portion when I now understand from you that I have NOT provided them with the relevant portion.

A. Marie Villafaña

221

An official–Lefkowitz emails on Epstein non-prosecution agreement terms, Aug. 2008

Emails and letters

Email chain between prosecutor an official and defense attorney Jay Lefkowitz negotiating implementation and deadlines of Epstein's non-prosecution agreement

DOJ Epstein Files, Data Set 9 · Aug. 15, 2008

EFTA00193276 Villafana, Ann Marie C. (USAFLS) <table border="1" <tr <td From:</td <td Villafana, Ann Marie C.(USAFLS)</td </tr <tr <td Sent:</td <td Friday, August 15,2008 11:08 AM</td </tr <tr <td To:</td <td Acosta, Alex(USAFLS); Sloman, Jeff(USAFLS); Senior, Robert(USAFLS); Atkinson, Karen(USAFLS); Lee,Dexter(USAFLS)</td </tr <tr <td Subject:</td <td FW: Follow-up point</td </tr </table Just received a response from Jay. I’m not sure what he means about talking “this morning,” since I haven’t spoken to him today. I don't believe that we should wait two weeks for them to confer. They have th…