EFTA00194054 Gmail - Re: JE negotiations Page 1 of 1 Ann Marie Villafana ## Re: JE negotiations 1 message ## Ann Marie Villafana Sun, Sep 16, 2007 at 11:41 AM To: Jay Lefkowitz Hi Jay — I looked up some 11th Circuit cases on simple assault and found some good language. I also learned that, every moment that one is aboard an enclosed civil airplane, they are in the "special aircraft jurisdiction of the United States," so the assault charge is really a violation of 49 USC 46506, which doesn't change the penalties. I have drafted up a factual proffer that I would use at the change of plea based upon our brief conversation and the agents' interaction with Ms. Groff at her home. The agents and I would need to speak with Ms. Marcinkova and Ms. Groff briefly to confirm that these facts are true. Feel free to make suggestions. On an "avoid the press" note, I believe that Mr. Epstein's airplane was in Miami on the day of the Ms. Groff telephone call. If he was in Miami-Dade County at the time, then I can file the charge in the District Court in Miami, which will hopefully cut the press coverage significantly. Do you want to check that out? I will talk to you later, Thanks. Epstein Plea Proffer.doc 21K