EFTA00193973 | Gmail - Re: Page 1 of 3 Ann Marie Villafana ## Re: 1 message Jay Lefkowitz < JLefkowitz@kirkland.com> To: "Marie Villafana, An Sun, Sep 16, 2007 at 5:50 PM Marie - left message for Nat re Leslie. Roy will call you in am tomorrow re rescheduling the hearing and dealing the Riley and the other GJ subpoenas. You have my commitment regarding the extension issue. Thx ----- Original Message ----- From: "Ann Marie Villafana" Sent: 09/16/2007 03:54 PM AST To: Jay Lefkowitz Subject: Re: Hi Jay -- This can wait until after the show, but my voice is going so I thought I would type it up. I talked to Andy and he still doesn't like the factual basis. In his opinion, the plea should only address the crimes that we were addressing, and we were not investigating Mr. Epstein abusing his girlfriend. So, these are the only options that he recommended: 1. We go back to the original agreement where Mr. Epstein pleads only to state charges and serves his time in the state, except that we can agree to only 18 months imprisonment. 2. Mr. Epstein pleads guilty to the state charges and also pleads to either two obstruction counts or to one count of violating 47 USC 223(a)(1)(B), with a joint non-binding recommendation of 18 months, so that Mr. Epstein can serve his time federally. 3. (My suggestion only, not Andy's): I go back to the U.S. Attorney and ask him to agree to an ABA-plea to a 371 count (conspiracy to violate 2422(b)) with a binding 20-month recommendation so that Mr. Epstein can serve all of his time in a federal facility. Or 4. Mr. Epstein pleads to one obstruction count, and serves part of his time federally and part state. On your other proposed changes, some are fine and some are problematic. Re your paragraph 2: As to timing, it is my understanding that Mr. Epstein needs to be sentenced in the state after he is sentenced in the federal case, but not that he needs to plead guilty and be sentenced after serving his federal time. Andy recommended that some of the timing issues be addressed only in the state agreement, so that it isn't obvious to the judge that