EFTA00194007¶
- 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 be sentenced to a term of begin by serving 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.¶
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The language contained in Terms 1 and 2 of this Agreement do not foreclose Epstein and the State Attorney’s Office from agreeing to recommend any additional charge(s) or any additional term(s) of probation. The terms contained in paragraph 2, supra, do not foreclose Epstein and the State Attorney’s Office from agreeing to plead to any additional charge(s) or from recommending recommend any additional term(s) of probation and/or incarceration.
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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.
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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.
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The United States shall provide Epstein’s attorneys with a list of individuals whom it has identified as eligible to bring suit under victims, as defined in 18 U.S.C. § 2255, after Epstein has signed this agreement and been sentenced. Upon the execution of this agreement, the United States will file a motion under seal with the United States District Court for the Southern District of Florida for the appointment of a guardian ad litem for these persons. Epstein’s counsel may contact the identified individuals through that guardian.
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If any of the individuals referred to in paragraph (6), supra, elects to file suit pursuant to 18 U.S.C. § 2255, Epstein will not contest the
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EFTA00194008¶
conduct, as defined in 18 U.S.C. §2423(f), with minor females; in violation of Title 18, United States Code, Section 2423(b); and¶
(5) knowingly, in and affecting interstate and foreign commerce, recruiting, enticing, and obtaining by any means a person, knowing that the person had not attained the age of 18 years and would be caused to engage in a commercial sex act as defined in 18 U.S.C. § 1591(c)(1); in violation of Title 18, United States Code, Sections 1591(a)(1) and 2; and¶
IT APPEARING, after an investigation of the offenses and Epstein’s background, that the interest of the United States pursuant to the Petite policy will be served by the following procedure;¶
THEREFORE, on the authority of R. Alexander Acosta, United States Attorney for the Southern District of Florida, prosecution in this District for these offenses shall be deferred in favor of prosecution by the State of Florida, provided that Epstein abides by the following conditions and the requirements of this Agreement set forth below.¶
If the United States Attorney should determine, based on reliable evidence, that Epstein has willfully violated any of the conditions of this Agreement, then the United States Attorney may at any time within thirty (30) months of the execution of this agreement provide Epstein with timely notice specifying the conditions(s) of the Agreement that he has violatedinitiate prosecution against Epstein for any offense. In this case, the United States Attorney will furnish Epstein with timely notice specifying the condition(s) of the Agreement that he has violated; and shall initiate its prosecution within sixty (60) days’ of giving notice of the violation.¶
After timely fulfilling all the terms and conditions of the Agreement, no prosecution for the offenses set out on pages 1 and 2 of this Agreement, nor any other offenses that have been the subject of the joint investigation by the Federal Bureau of Investigation and the United States Attorney’s Office, nor any offenses that were the subject of the Federal Grand Jury investigation will be instituted in this District, and the charges against Epstein if any, will be dismissed.¶
Terms of the Agreement:¶
- Epstein shall plead guilty (not nolo contendere) to an Information filed by the State Attorney’s Office charging Epstein with an offense that requires him to register as a sex offender, that is, the solicitation of minors to engage in prostitution, in violation of Florida Statutes Section 796.03;
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