EFTA00215270.pdf

From: Ja Lefkowitz To: Subject: RE: Draft Agreements? Date: Tue, 18 Sep 2007 15:09:03 +0000 Importance: Normal Attachments: Agreement_updated.doc.rtf Confidential -- For Settlement purposes only. - Please look this over and let's see if we can identify any issues that we need to discuss in greater detail. Since you can't go to only one count of obstruction, but 18 would become about 15 with gain time, I have made a proposal of a total 24 month sentence based on two informations. This would include a period of home detention. We can then follow this with a state lea as well so he serves the additional time there. I need to see your language for proffers on the two charges - (taking out of the jurisdiction to avoid process.) Alternatively, at this stage, we could have just one count for 12 months and then 6 months incarceration under the state, followed by community control and probabtion. I am not sure which is more practicable. Please let me know when you are free to speak. Thanks -- Jay To "Jay Letkowite cc 09118:2007 09:14 MI Subject RE: Draft Agreements? Hi Jay - I know that the U.S. Attorney will not go below 18 months of prison/jail time (and I would strongly oppose the suggestion). From: Jay Lefkowitz Sent: Tuesda Se tember 18 2007 8:59 AM To: Subject: Re: Draft Agreements? an alternative to what we discussed just now might be to plead to one count of 1512, serve 12 months plus supervised release which would be one year of home detention (if we can make that work), followed by two years of probation in the state on the EFTA00215270 state charges with the first 6 months being community control. To 'Jay Lefkowitf CLefkowazialtirkland.com> 09/18/2007 08:44 AM cc Subject Draft Agreements? Hi Jay — I was hoping there would be things for me to read this morning, but I will try to remain patient. I believe there are only two types of agreements that would apply to this case: (1) a plea agreement to a federal charge or charges; and (2) a non-prosecution agreement (which is really a deferred prosecution agreement because the defendant agrees that if he violates the agreement, the U.S. can prosecute him). A plea agreement is part of the court file. It is not accessible on-line via PACER, but someone can go to the Clerk's Office to obtain a copy. A non-prosecution agreement would not be made public or filed with the Court, but it would remain part of our case file. It probably would be subject to a FOIA request, but it is not something that we would distribute without compulsory process. On the obstruction charges, many of the fa in that first proffer were hypothesized based upon our discussions and the agents' observations of We will need to interview her to confirm the accuracy of a second count, we could rely on the incident where Mr. Epstein's private investigators followed forcing him off the road. Or, if there is something more recent related to any grand jury subpoenas, we could consider that. Hope that helps. Assistant U.S. Attorney West Palm Beach, FL 33401 EFTA00215271