EFTA00226107.pdf

Villafana, Ann Marie C. (USAFLS From: Jay lefkowitz [Jlefkowitz@kirkland.com] Sent: Thursday, September 13, 2007 7:35 PM To: Villafana, Ann Marie C.(USAFLS) Subject: Re: Sounds good. I will be at home. Let's talk at 9 am. '111877 3944. Already thinking about the same statutes. Look forward to speaking in the morning. Best, Jay Original Message From: "Villafana, Ann Marie C. \(USAFLS\)" [Ann.Marie.C.Villafana@usdoj.gov] Sent: 09/13/2007 07:26 PM AST To: Jay Lefkowitz Subject: RE: Hi Jay -- Yes, I am. I have been spending some quality time with Title 18 looking for misdemeanors. Do you want to take a look at 18 USC 403, 18 USC 1512(d), and 47 USC 223(a)(1)(B) and we can talk about them tomorrow? I know that someone mentioned there being activity on an airplane, I just want to make sure that there is factual basis for the plea that the agents can confirm. I'm not sure exactly where I will be tomorrow morning, so is it alright if I call you? Have a good evening. A. Marie Villafaila Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Original Message From: Jay Lefkowitz [mailto:JLefkowitz@kirkland.com] Sent: Thursday, September 13, 2007 7:21 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Marie - Are you free to speak at 9 am tomorrow? Thanks. Jay **4,****************ses**********************************.: The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for 15 EFTA00226107 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C.(USAFLS) Sent: Thursday, September 13, 2007 7:27 PM To: 'Jay Lefkowitz' Subject: RE: Hi Day -- Yes, I am. I have been spending some quality time with Title 18 looking for misdemeanors. Do you want to take a look at 18 USC 403, 18 USC 1512(d), and 47 USC 223(a)(1)(8) and we can talk about them tomorrow? I know that someone mentioned there being activity on an airplane, I just want to make sure that there is factual basis for the plea that the agents can confirm. I'm not sure exactly where I will be tomorrow morning, so is it alright if I call you? Have a good evening. A. Marie Villafaha Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Original Message From: Jay Lefkowitz [mailto:JLefkowitz@kirkland.com] Sent: Thursday, September 13, 2007 7:21 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Marie - Are you free to speak at 9 am tomorrow? Thanks. Jay **4.:***********************40****************************ry. The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmasterBkirkland.com, and destroy this communication and all copies thereof, including all attachments. It*********S#4 , 4******************4ciiikt********************* 37 EFTA00226108 Villafana, Ann Marie C. (USAFLS) From: Jay Lefkowitz pLefkowitz@kirkland.comj Sent: Wednesday, September 12, 2007 5:55 PM To: Villafana, Ann Marie C. (USAFLS) Cc: Lourie, Andrew (USAFLS) Subject: Re: Jeffrey Epstein Andy - meant to copy you on my first attempt to respond to Marie. We appreciate the courtesy of today's meeting and your agreement and Alex's. We understand the concerns you are raising and will work over the next few days to come up with a mutually acceptable solution. I will speak with you no later than Monday, and in the interim, if we come up with a solution, we will be in touch with you. Best, Jay Original Message From: "Villafana, Ann Marie C. k(USAFLS1)" lAnn.Marie.C.Villafana@usdoj.govl Sent: 09/12/2007 03:43 PM AST To: Jay Lefkowitz Cc: "I.ouric, Andrew 4USAFLS\)" <Andrew.LourieQusdoi.cov> Subject: Jeffrey Epstein Jay - It was nice seeing you again. Andy and I talked with Alex and Jeff. We are all satisfied in principle with the agreement, but the Office is uncomfortable with the recommended federal charge. Specifically, we are concerned about the effect of taking the position that Mr. Epstein's house is in the special maritime and territorial jurisdiction of the United States, and we have no evidence of any assaults occurring either on Mr. Epstein's plane or offshore from his residence. We are hoping that you can find an alternative federal statute that can be used. I also will wait to hear from Jack Goldberger to discuss logistics. Thank you. A. Marie Villafatia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 19 EFTA00226109  Villafana, Ann Marie C. (USAFLS) From: Villafana, Mn Marie C. (USAFLS) Sent: Wednesday, September 12. 2007 3:44 PM To: lefkowitzrakirkland.com' Cc: Lourie, Andrew (USAFLS) Subject: Jeffrey Epstein Jay - It was nice seeing you again. Andy and I talked with Alex and Jeff. We are all satisfied in principle with the agreement, but the Office is uncomfortable with the recommended federal charge. Specifically, we are concerned about the effect of taking the position that Mr. Epstein's house is in the special maritime and territorial jurisdiction of the United States, and we have no evidence of any assaults occurring either on Mr. Epstein's plane or offshore from his residence. We are hoping that you can find an alternative federal statute that can be used. I also will wait to hear from Jack Goldberger to discuss logistics. Thank you. A. Marie Villafaiia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Tracking: Exhibit 49 EFTA00226110 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Thursday, September 13, 2007 8:10 PM To: Oosterbaan, Andrew Subject: RE: Epstein Iii Drew -- I tracked down the AUSA in Alaska and he is sending the trust agreement out to me. I will let you know how things go in the morning. Thanks. A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Oosterbaan, Andrew Sent: Thursday, September 13, 2007 7:54 PM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Epstein Thanks for the information, Marie. I'll get the details on the Boehm arrangements from the prosecutors and get back to you tomorrow. I believe the girls agreed to the arrangement, but I'll confirm that. I should have the indictment reviewed by then as well. From: Villafana, Ann Marie C. (USAFLS) [mailto:Ann.Marie.C.Villafana@usdoj.gov] Sent: Thursday, September 13, 2007 7:37 PM To: Oosterbaan, Andrew Subject: Epstein Hi Drew — Sorry to bother you, but the plea negotiations are getting fast and furious. Epstein's lawyers are fixated on this idea of a "victim's fund" rather than having the girls file separate 2255 actions. I know that the reason they want to do it is not out of the goodness of their hearts but to keep this stuff out of the public Court files, but in some ways it will help the girls, too. Do you know anything about how the fund in Alaska was worked out? Did all the victims consent or did the Court just do it? Thank you for your help. I also turned in the indictment package to my immediate supervisor today, so I expect some edits back from her before it goes higher up the chain. If you had any thoughts, please let me know. A. Marie Villafalia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 28 EFTA00226111 Villafana, Ann Marie C. (USAFLS) From: Oosterbaan, Andrew Sent: Thursday, September 13, 2007 7:54 PM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Epstein Thanks for the information, Marie. I'll get the details on the Boehm arrangements from the prosecutors and get back to you tomorrow. I believe the girls agreed to the arrangement, but I'll confirm that. I should have the indictment reviewed by then as well. From: Villafana, Ann Marie C. (USAFLS) [mailto:Ann.Marle.C.Villafana@usdoj.gov] Sent: Thursday, September 13, 2007 7:37 PM To: Oosterbaan, Andrew Subject: Epstein Hi Drew - Sorry to bother you, but the plea negotiations are getting fast and furious. Epstein's lawyers are fixated on this idea of a "victim's fund" rather than having the girls file separate 2255 actions. I know that the reason they want to do it is not out of the goodness of their hearts but to keep this stuff out of the public Court files, but in some ways it will help the girls, too. Do you know anything about how the fund in Alaska was worked out? Did all the victims consent or did the Court just do it? 'thank you for your help. I also turned in the indictment package to my immediate supervisor today, so I expect some edits back from her before it goes higher up the chain. If you had any thoughts, please let me know. A. Marie Viltafaria Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 14 EFTA00226112 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Thursday, September 13,2007 7:37 PM To: Oosterbaan, Andrew Subject: Epstein Hi Drew — Sorry to bother you, but the plea negotiations are getting fast and furious. Epstein's lawyers are fixated on this idea of a "victim's fund" rather than having the girls file separate 2255 actions. I know that the reason they want to do it is not out of the goodness of their hearts but to keep this stuff out of the public Court files, but in some ways it will help the girls, too. Do you know anything about how the fund in Alaska was worked out? Did all the victims consent or did the Court just do it? Thank you for your help. I also turned in the indictment package to my immediate supervisor today, so I expect some edits back from her before it goes higher up the chain. If you had any thoughts, please let me know. A. Marie Villafaria Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 30 EFTA00226113 Villafana, Ann Marie C. (USAFLS) From: Oosterbaan, Andrew Sent: Tuesday, September 11, 2007 11:53 AM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Revised Epstein Indictment I had not heard. The counter-offering is unfortunate, but I suppose it's understandable. Let me know how it goes. Thanks, Marie. From: Villafana, Ann Marie C. (USAFLS) [mailto:Ann.Marie.C.Villafana@usdaj.goy) Sent: Tuesday, September 11, 2007 11:48 AM To: Oosterbaan, Andrew Subject: RE: Revised Epstein Indictment Probably some time tomorrow, just to Karen Atkinson to get a first read, then it will go to Rolando and then up to Jeff. I am still shooting for 9/25 for an indictment date, assuming they don't take our counter-counter-offer. In case you haven't heard, yesterday one of Epstein's lawyers countered with 15 months jail followed by 15 months "community confinement" (a/k/a home confinement), and we counter-countered with 20 months jail followed by 10 months community confinement. Here is the agreement that was sent out Thanks, Drew. Marie Villajaiia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Oosterbaan, Andrew Sent: Tuesday, September 11, 2007 11:39 AM To: Villafana, Ann Marie C. (USAFLS); McMillan, John (USAFLS) Cc: E.Kuyrkendall@ic.fbi.gov; Richards, Jason R. Subject: RE: Revised Epstein Indictment Will do. When do you plan to submit it? From: Villafana, Ann Marie C. (USAFLS) [mailto:Ann.Marie.C.Villafana@usdaj.gov] Sent: Tuesday, September 11, 2007 11:34 AM To: McMillan, John (USAFLS); Oosterbaan, Andrew Cc: E.Kuyrkendall@ic.fbi.gov; Richards, Jason R. Subject: Revised Epstein Indictment Hi all - Here is the revised version of the indictment. We are still doing some proofreading, but I wanted to get sonic feedback before I start sending it through the chain of command. Can you let me know what you think? 32 EFTA00226114  Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Tuesday, September 11, 2007 11:48 AM To: Oosterbaan, Andrew Subject: RE: Revised Epstein Indictment Attachments: 070910 Epstein Non-Prosecution Agreement.pdf Probably some time tomorrow, just to Karen Atkinson to get a first read, then it will go to Rolando and then up to Jeff. 1 am still shooting for 9/25 for an indictment date, assuming they don 't take our counter-counter-offer. In ease you haven't heard, yesterday one of Epstein's lawyers countered with 15 months jail followed by 15 months "community confinement" (a/k/a home confinement), and we counter-countered with 20 months jail followed by 10 months community confinement. Here is the agreement that was sent out Thanks, Drew. A. Marie Villafaila Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Oosterbaan, Andrew Sent: Tuesday, September 11, 2007 11:39 AM To: Villafana, Ann Marie C. (USAFLS); McMillan, John (USAFLS) Cc: E.Kuyrkendall@ic.fbi.gov; Richards, Jason R. Subject: RE: Revised Epstein Indictment Will do. When do you plan to submit it? From: Villafana, Ann Marie C. (USAFLS) [mailto:Ann.Marie.C.Villafana@usdoj.gov] Sent: Tuesday, September 11, 2007 11:34 AM To: McMillan, John (USAFLS); Oosterbaan, Andrew Cc: E.Kuyrkendall@ic.tbi.gov; Richards, Jason R. Subject: Revised Epstein Indictment Hi all — Here is the revised version of the indictment. We are still doing some proofreading, but I wanted to get some feedback before I start sending it through the chain of command. Can you let me know what you think? «070911 revised indictment.wpd» A. Marie Villafaila Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 Exhibit 48 63 EFTA00226115  Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Tuesday, September 11, 2007 2:15 PM To: Gerald Lefcourt Cc: Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS); Lourie, Andrew (USAFLS) Subject: Revised Agreement re Epstein Dear Gerry: I have attached a revised version, as per Mr. Acosta's request. The operative terms have not changed. If you have any questions, please do not hesitate to call. Also, please confirm your receipt of this e- mail. Thank you. 07091 Epstein Jon-Prosecution.. A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Tracking: 54 EFTA00226116  Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Monday, September 10, 2007 5:23 PM To: Gerald Lefcourt Cc: Sloman, Jeff (USAFLS); Lourie, Andrew (USAFLS) Subject: Jeffrey Epstein Gerry: As per your discussion with U.S. Attorney Acosta, I have attached the Office's written counterproposal. If you have any questions regarding its terms, please do not hesitate to call. 070910 Epstein Jon-Prosecution.. A. Marie Villafaiia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Tracking: Exhibit 47 72 EFTA00226117 "Sloman, Jeff (USAFLS)" <Jeff.Sloman@usdoj.gov> 11/27/2007 01:55 PM To "Jay Lefkowitz" <JLefkowitz@kirkland.com> cc "Acosta, Alex (USAFLS)" <Alex.Acosta@usdoj.gov> Subject Epstein Jay, Please accept my apologies for not getting back to you sooner but I was a little under the weather yesterday. I hope that you enjoyed your Thanksgiving. Regarding the issue of due diligence concerning Judge selection like to make a few observations. First, Guy Lewis has known for some ime hat Judge was making reasonable efforts to sec n Podhurst and Bob Josephsberg for this assignment. In fact, when I told you of Judge selection during our meeting last Wednesday, November 21st, you and Professor Dershowi z se med very comfortable, and certainly not surprised, with the selection. Podhurst and Josephsberg are no strangers to nearly the entire Epstein defense team including Guy Lewis, Lili Ann Sanchez, Roy Black, and, apparently, Professor Dershowitz who said he knew Mr. Josephsberg from law school. Second, Podhurst and Josephsberg have long- standing stellar reputations for their legal acumen and ethics. It's hard for me to imagine how much more vetting needs to be done. The United States has a statutory obligation (Justice for All Act of 2004) to notify the victims of the anticipated upcoming events and their rights associated with the agreement entered into by the United States and Mr. Epstein in a timely fashion. Tomorrow will make one full week since you were formally notified of the selection. I must insist that the vetting proces o an end. Therefore, unless you provide me with a good faith objection to Judge M selection by COB tomorrow, November 28, 2007, I will authorize the notification of the victims. Should you give me the go-ahead on Podhurst and Josephsberg selection by COB tomorrow, I will simultaneously send you a draft of the letter. I intend to notify the victims by letter after COB Thursday, November 29th. Thanks, Jeff The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments. *********** 4**.ps*****40************************************ 3 EFTA00226118  back to work after the Thanksgiving Holiday, and yet your demands regarding timing suggest that I have been sitting on my hands for days. You should know that the first time I learned about Judge selection of Podhurst and Josephsberg, and indeed the first time I ever heard t eir names, was in our meeting with you on Wednesday of last week. Nevertheless, I have now been able to confer with my client, and we have determined that the selection of Podhurst and Josephsberg are acceptable to us, reserving, of course, our previously stated objections to the manner in which you have interpreted the section 2255 portions of the Agreement. We do, however, strongly and emphatically object to your sending a letter to the alleged victims. Without a fair opportunity to review and the ability to make objections to this letter, it is completely unacceptable that you would send it without our consideration. Additionally, given that the US Attorney's office has made clear it cannot vouch for the claims of the victims, it would be incendiary and inappropriate for your Office to send such a letter. Indeed, because it is a certainty that any such letter would immediately be leaked to the press, your actions will only have the effect of injuring Mr. Epstein and promoting spurious civil litigation directed at him. We believe it is entirely unprecedented, and in any event, inappropriate for the Government to be the instigator of such lawsuits. Finally, we disagree with your view that you are required to notify the alleged victims pursuant to the Justice for All Act of 2004. First, 18 USC section 2255, the relevant statute under the Non-Prosecution Agreement for the settlement of civil remedies, does not have any connection to the Justice for All Act. Section 2255 was enacted as part of a different statute. Second, the Justice for All Act refers to restitution, and section 2255 is not a restitution statute. It is a civil remedy. As you know, we had offered to provide a restitution fund for the alleged victims in this matter; however that option was rejected by your Office. Had that option been chosen, we would not object to your notifying the alleged victims at this point. At this juncture, however, we do not accept your contentio n that there is a requirement that the government notify the alleged victims of a potential civil remedy in this case. Accordingly, for all the reasons we have stated above, we respectfully -- and firmly -- object to your sending any letter whatsoever to the alleged victims in this matter. Furthermore, if a letter is to be sent to these individuals, we believe we should have a right to review and make objections to that submission prior to it being sent to any alleged victims. We also request that if your Office believes that it must send a letter to go to the alleged victims, who still have not been identified to us, it should happen only after Mr. Epstein has entered his plea. This letter should then come from the attorney representative, and not from the Government, to avoid any bias. As you know, Judge Starr has requested a meeting with Assistant Attorney General Fisher to address what we believe is the unprecede nted nature of the section 2255 component of the Agreement. We are hopeful that this meeting will take place as early as next week. Accordingly, we respectfully request that we postpone our discussion of sending a letter to the alleged victims until after that meeting. We strongly believe that rushing to send any letter out this week is not the wisest manner in which to proceed. Given that Mr. Epstein will not even enter his plea for another few weeks, time is clearly not of the essence regarding any notification to the identified individuals. Thanks very much, Jay 2 EFTA00226119 Villafana, Ann Marie C. (USAFLS) From: Lourie, Andrew Sent: Wednesday, November 28, 2007 5:02 PM To: Villafana, Ann Marie C.(USAFLS); Oosterbaan, Andrew Cc: Garcia, Rolando(USAFLS) Subject: Re: Epstein Ok thx. Would you send me your last proposed nonpros with them with the 2255 language? Original Message From: Villafana, Ann Marie C. (USAFLS) <Ann.Marie.C.Villafana@usdoj.gov> To: Lourie, Andrew; Oosterbaan, Andrew Cc: Garcia, Rolando (USAFLS) <RGarcialusa.doj.gov> Sent: wed Nov 28 16:48:48 2007 Subject: FW: Epstein Hi Andy and Drew -- This is the first that I have heard about another attempt to meet with someone in Washington. I thought I would give you a heads up. Hope all is well, Andy. A. Marie Villafaha Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Original Message From: Sloman, Jeff (USAFLS) Sent: Wednesday, November 28, 2007 4:35 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Fw: Epstein Marie, Can u send Jay the proposed letter and redact the names? Thx, Jeff Sent from my BlackBerry Wireless Handheld Original Message From: Jay Lefkowitz <JLefkowitz@kirkland.com> To: Sloman, Jeff (USAFLS) Cc: Acosta, Alex (USAFLS) Sent: Wed Nov 28 16:29:09 2007 Subject: Re: Epstein Dear Jeff: I received your email yesterday and was a little surprised at the tone of your letter, given the fact that we spoke last week and had what I thought was a productive meeting. I was especially surprised given that your letter arrived on only the second day EFTA00226120 The United States has a statutory obligation (Justice for All Act of 2004) to notify the victims of the anticipated upcoming events and their rights associated with the agreement entered into by the United States and Mr. Epstein in a timely fashion. Tomorrow will make one full week since you were formally notified of the selection. I must insist that the vetting proces o an end. Therefore, unless you provide me with a good faith objection to Judge selection by COB tomorrow, November 28, 2007, I will authorize the notification of the . Should you give me the go-ahead on Podhurst and Josephsberg selection by COB tomorrow, I will simultaneously send you a draft of the letter. I intend to notify the victims by letter after COB Thursday, November 29th. Thanks, Jeff The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments. 3 EFTA00226121 that there'is a requirement that the government notify the alleged victims of a potential civil remedy in this case. Accordingly, for all the reasons we have stated above, we respectfully -- and firmly -- object to your sending any letter whatsoever to the alleged victims in this matter. Furthermore, if a letter is to be sent to these individuals, we believe we should have a right to review and make objections to that submission prior to it being sent to any alleged victims. We also request that if your office believes that it must send a letter to go to the alleged victims, who still have not been identified to us, it should happen only after Mr. Epstein has entered his plea. This letter should then come from the attorney representative, and not from the Government, to avoid any bias. As you know, Judge Starr has requested a meeting with Assistant Attorney General Fisher to address what we believe is the unprecedented nature of the section 2255 component of the Agreement. We are hopeful that this meeting will take place as early as next week. Accordingly, we respectfully request that we postpone our discussion of sending a letter to the alleged victims until after that meeting. We strongly believe that rushing to send any letter out this week is not the wisest manner in which to proceed. Given that Mr. Epstein will not even enter his plea for another few weeks, time is clearly not of the essence regarding any notification to the identified individuals. Thanks very much, Jay "51oman, Jeff (USAFLS)" <Jeff.Sloman@usdoj.gov> 11/27/2007 01:55 PM To "Jay Lefkowitz" (JLefkowitzfikirkland.com> cc "Acosta, Alex (USAFLS)" <Alex.Acosta@usdoj.gov> Subject Epstein Jay, Please accept my apologies for not getting back to you sooner but I was a little under the weather yesterday. I hope that you enjoyed your Thanksgiving. Regarding the issue of due diligence concerning Judge Davis' selection like to make a few observations. First, Guy Lewis has known for some time that Judge was making reasonable efforts to sec n Podhurst and Bob Josephsberg for this assignment. In fact, when I told you of Judge selection during our meeting last Wednesday, November 21st, you and Professor Dershowi z seemed very comfortable, and certainly not surprised, with the selection. Podhurst and Josephsberg are no strangers to nearly the entire Epstein defense team including Guy Lewis, Lili Ann Sanchez, Roy Black, and, apparently, Professor Dershowitz who said he knew Mr. Josephsberg from law school. Second, Podhurst and Josephsberg have long- standing stellar reputations for their legal acumen and ethics. It's hard for me to imagine how much more vetting needs to be done. 2 EFTA00226122  Villafana, Ann Marie C. (USAFLS) From: Sloman, Jeff(USAFLS) Sent: Wednesday, November 28, 2007 4:35 PM To: Villafana, Ann Marie C.(USAFLS) Subject: Fw: Epstein Marie, Can u send Jay the proposed letter and redact the names? Thx, Jeff Sent from my BlackBerry Wireless Handheld Original Message From: Jay Lefkowitz <JLefkowitz@kirkland.com> To: Sloman, Jeff (USAFLS) Cc: Acosta, Alex (USAFLS) Sent: Wed Nov 28 16:29:09 2007 Subject: Re: Epstein Dear Jeff: I received your email yesterday and was a little surprised at the tone of your letter, given the fact that we spoke last week and had what I thought was a productive meeting. I was especially surprised given that your letter arrived on only the second day back to work after the Thanksgiving Holiday, and yet your demands regarding timing suggest that I have been sitting on my hands for days. You should know that the first time I learned about Judge 's selection of Podhurst and Josephsberg, and indeed the first time I ever heard t eir names, was in our meeting with you on Wednesday of last week. Nevertheless, I have now been able to confer with my client, and we have determined that the selection of Podhurst and Josephsberg are acceptable to us, reserving, of course, our previously stated objections to the manner in which you have interpreted the section 2255 portions of the Agreement. We do, however, strongly and emphatically object to your sending a letter to the alleged victims. Without a fair opportunity to review and the ability to make objections to this letter, it is completely unacceptable that you would send it without our consideration. Additionally, given that the US Attorney's office has made clear it cannot vouch for the claims of the victims, it would be incendiary and inappropriate for your Office to send such a letter. Indeed, because it is a certainty that any such letter would immediately be leaked to the press, your actions will only have the effect of injuring Mr. Epstein and promoting spurious civil litigation directed at him. We believe it is entirely unprecedented, and in any event, inappropriate for the Government to be the instigator of such lawsuits. Finally, we disagree with your view that you are required victims pursuant to the Justice for All Act of to notify the alleged 2004. First, 18 USC section 2255, the relevant statute under the Non -Prosecution Agreement for the settlement of civil remedies, does not have any connection to the Justice for All Act. Section 2255 was enacted as part a different statute. Second, the Justice of for All Act refers to restitution, and is not a restitution statute. It is a section 2255 civil remedy. As you know, we had offered a restitution fund for the alleged victims to provide in this matter; however that option by your Office. Had that option been was rejected chosen, we would not object to your notifying alleged victims at this point. At this the juncture, however, we do not accept your contention EFTA00226123 Recipient Read AndreW Garda, Rolando (USAFLS) Road. 9/19/2007 5:10 PM Atkinson, Karen (USAFLS) Road: 9/19/2007 4:36 PM 3 EFTA00226124  Jay Original Message From: Jay Lefkowitz Sent: 09/19/2007 03:35 PM EDT To: Jay Lefkowitz Subject: Draft Plea Agreement (See attached file: 9.19.07 Draft Plea Agreement (Clean).doc) (See attached file: 9.19.07 Draft Plea Agreement (Redlined).doc) The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postatastertairldand.corn, and destroy this communication and all copies thereof, including all attachments. Tracking: 2 EFTA00226125  Villafana, Ann Marie C. (USAFLS) From: Vilialana, 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 I (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(cX1)(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 Villafafia Assistant U.S. Attorney 561 209-1047 Original Message From: lay Lefkowitz [mailtonefkowitz@lcirkland.com) Sent: Wednesday, September 19, 2007 3:44 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Fw: Draft Plea Agreement Confidential For settlement purposes only Marie - I wanted to get this to you before I took off for nyc. I am landing at 7 and would like to speak shortly thereafter. I am still considering which of the options you suggested Sunday. In this email, lam sending you a redline of your federal resolution. I am also working on a deferred prosecution agreement because it may well be that we cannot reach agreement here. I don't think there are that many issues left open, although clearly we still need to have further discussions. I also like your suggestion from Sunday that we consider a C plea. I know that Alex would have to sign off on it and that he has not done so as of now. Regarding my schedule, I am available tonight to speak, all afternoon tomorrow (I ant in fed court in nyc on another criminal matter tomorrow am), and then all day Friday. I will plan on seeing you Monday. I am confident that one of the approaches we have discussed will work out. 1 EFTA00226126 Confidential For settlement purposes only Marie - I wanted to get this to you before I took off for nyc. I am landing at 7 and would like to speak shortly thereafter. I am still considering which of the options you suggested Sunday. In this email, I am sending you a redline of your federal resolution. I am also working on a deferred prosecution agreement because it may well be that we cannot reach agreement here. I don't think there are that many issues left open, although clearly we still need to have further discussions. I also like your suggestion from Sunday that we consider a C plea. I know that Alex would have to sign off on it and that he has not done so as of now. Regarding my schedule, I am available tonight to speak, all afternoon tomorrow (I am in fed court in nyc on another criminal matter tomorrow am), and then all day Friday. I will plan on seeing you Monday. I am confident that one of the approaches we have discussed will work out. Jay Original Message From: Jay Lefkowitz Sent: 09/19/2007 03:35 PM EDT To: Jay Lefkowitz Subject: Draft Plea Agreement (See attached file: 9.19.07 Draft Plea Agreement (Clean).doc) (See attached file: 9.19.07 Draft Plea Agreement (Redlined).doc) **********4#4####t***#4 , 4#4###****************************20# The information contained in this communication is confidential, may be attorney- client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e- mail to postmasterPkirkland.com, and destroy this communication and all copies thereof, including all attachments. t*.****ii####i*********** 70#4************3444flIci************* Tracking: 3042 EFTA00226127 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 Villafaha 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 304: EFTA00226128 Good job. A few thoughts: I would eliminate the first sentence of para 2. Is there another way to deal with the issue in para 3 without this in the plea agreement 7 Do we need para 10? Isn't para 11 sufficient without 10? Is it our place to include para 13 in this agreement? I think it belongs in the state agreement and it looks out of place here. I think you should include Roy or another member of the FL Bar on the plea agreement so we are not slowed down at the last minute by Pro Flac stuff. From: Villafana, Ann Marie C. (USAFLS) (mailto:Ann.Marie.C.Vlllafana@usdoj.gov] Sent: Wednesday, September 19, 2007 2:36 PM To: Laurie, Andrew Subject: RE: epstein FYI - The Palm Beach Post reported the whole deal in today's paper and claimed to have a "federal source" and a "spy" in Epstein's camp. .4 Marie rilloranti Assistant L.S. Attornti 56I 209.1047 From: Laurie, Andrew (mailto:Andrew.Lourie2@usdco.gov) Sent: Wednesday, September 19, 2007 2:33 PM To: Villafana, Ann Mahe C. (USAFLS) Subject: RE: epstein Can you send me copy of the last thing you sent them? Thanks. From: Villafana, Ann Marie C. (USAFLS) [mailto:Ann.Marie.C.Villafana@usdoj.gov] Sent: Wednesday, September 19, 2007 2:31 PM To: Lourie, Andrew; Garda, Rolando (USAFLS) Subject: RE: epstein We arcstill waiting for a **redline" of the agreement That they'seemed happy with yesteId4. BarrTind Litirria and Epstein's attorneys are coining to our office on Monday to finalize even thing with the plan of getting him at least arraigned on Monday afternoon. They tried to drag it into Tuesday and I said no. .4. Marie VilWaria Assistant U.S. Attorney 561 209-1047 From: Loupe, Andrew [mailto:Andrew.Lourie2@usdoj.govJ Sent: Wednesday, September 19, 2007 2:25 PM To: Villafana, Ann Marie C. (USAFLS); Garcia, Rolando (USAFLS) Subject: epstein What is the latest? 3045 EFTA00226129 Villafana, Ann Marie C. (USAFLS) From: Lourie, Andrew (Andrew.Lourie2@usdoj.gov] Sent: Wednesday, September 19, 2007 4:21 PM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: epstein twill reach out to Alex to discuss. From: Villafatia, Ann Marie C. (USAFLS) [mailto:Ann.Marie.C.Vlllafana@usdoj.gov] Sent: Wednesday, September 19, 2007 4:13 PM To: Villafana, Ann Marie C. (USAFLS); Lourie, Andrew Cc: Garcia, Rolando (USAFLS) Subject: RE: epstein Oh. and ■ took out the appeal waiver. A. Marie lafana Assistant U.S. Attorney 561 209-1047 From: Villafana, Ann Marie C. (USAFLS) Sent: Wednesday, September 19, 2007 4:05 PM To: 'Lou