EFTA00194170¶
Villafana, Ann Marie C. (USAFLS)¶
| From: | Villafana, Ann Marie C.(USAFLS) |
| Sent: | Wednesday, September 19,2007 4:33 PM |
| To: | Lourie, Andrew; Garcia, Rolando(USAFLS) |
| Cc: | Atkinson, Karen(USAFLS) |
| Subject: | RE:Draft Plea Agreement |
| Importance: | High |¶
| :--- | :--- |¶
Andy and Rolando — This is my proposed response (below). I know that you keep saying he is going to plead, and he will plead if we cave on everything, but I really do not think that Mr. Epstein is going to engage in serious negotiations until he sees the Indictment and shows up in mag court (preferably in flip-flops). In reviewing the indictment package, if you would like to maintain flexibility for the future, we could indict Mr. Epstein just on Count 1 (the conspiracy charge), and, if he won’t plead to 5 years at that time, supersede with the remaining counts and just go to trial. But we gave them an initial deadline of early August with the 24-month sentence. We are now seven weeks later and we are just spinning our wheels.¶
Jay — The same problems that I e-mailed you about on Sunday and discussed yesterday with you and Rolando and that you discussed with Andy are still in here. Paragraphs 4, 7, 8, 9, and 11 have specifically been discussed and rejected. Paragraphs 17 through 19 have been addressed in paragraph 2 and will not be repeated. You have removed our paragraphs 4 (regarding the application of the Sentencing Guidelines) and 18 (appeal waiver) both of which are specifically required by the Office’s Appellate Division. You have replaced Mr. Epstein’s plea to a registrable offense, to one that does not require registration, and you have again delayed the plea until after Mr. Epstein completes his federal prison sentence. Rolando and I specifically told you that was unacceptable, and Barry Krischer also has informed us that he will not keep his case open for that period. You also have inserted that this is a Rule 11(c)(1)(C) plea, which binds the judge, which you know we have specifically rejected.¶
There are other, smaller, changes that the Office probably cannot agree to, but the bigger issues are these. If you or your client insists on these, there can be no plea agreement.¶
A. Marie Villafaña¶
Assistant U.S. Attorney¶
561 209-1047¶
-----Original Message-----¶
From: Jay Lefkowitz [mailto:JLefkowitz@kirkland.com]¶
Sent: Wednesday, September 19, 2007 3:44 PM¶
To: Villafana, Ann Marie C. (USAFLS)¶
Subject: Fw: Draft Plea Agreement¶
3041¶