EFTA00081262.pdf

Case 9:08-cv-80736-KAM Document 361-15 Entered on FLSD Docket 02/10/2016 Page 1 of 11 EXHIBIT 15 EFTA00081262 Case 9:08- cv-80736-KAM Document 361-15 Entered on FLSD Docket 02/10/2016 Page 2 of 11 owitz@kirkland.com To leficowItzekIrkland.com, Pifik cc bcc 09/15,2007 03:16 subject JE negoliabons PM r the weekend. Here are the Ili Jay -- Sorry to trouble you ove ge. I have gotten some revised documents with the 403 char as the charge with negative reaction to the assault the main perpetrators of the victim, since she is considered one of in the indictment. Can you talk offenses that we planned to charge We have an rumen to Mr. Epstein about a young wom on Mr. Epstein's airplane when hearsay evidence that she traveled 0 or 2001 time frame. That she was under 18, in around the 200 ns, but perhaps we could falls outside the statute of limitatio that? construct a 371 conspiracy around Let me know what you think. Thank you. quo and 11.3.Ddr has been «<Attachment InfOiniallOilCnaeAT rcling /Kirl dan d-El lls' on '11/2 6/20 07 archived by user tommonStor 01:07:57'. >>> 403 and 113 vlolationstpdf «< Attachment 'OLY Plea Agreement v5e/IT/Kittd d-Elils' on Stor has been archived by user 'Common '11/26/2007 01;0 7:57 '. >>> 08- 80736-CV-MARRA RFP WPB 000235 EFTA00081263 Case 9:08-cv-80736- KAM Document 361-15 Entered on FLSD Docket 02/10/2016 Page 3 of 11 RT UNITED STATES DISTRICT COU CT OF FLO RID A SOUTHERN DISTRI D CASE NO. 18 U.S.C. § 403 18 U.S.C. § 113(a)(5) UNITED STATES OF CA vs. JEFFREY EPSTEIN, Defendant. A ROORMATION ges that: The United States Attorney char COUNT 1 and Beach Co , in the Southern District of Florida, In or around August 2006, in Palm elsewhere, the defendant, JEFFREY EPSTEIN, did knowingly and intentionally violate the privacy protection acco of Title 18, United Sta r y 18 U.S.C. § 3509 to a de, Sections 403 and 2. child victim, that is, Jane Doe #1; in violation COUNT 2 on of the United States, that In or around 2005, in the special territorial jurisdicti elsewhere, States citizen while in flight over the high seas, and is, in an aircraft owned by a United the defendant, JEFFREY EPSTEIN, 08-80736-CV-MARRA RFP WPB 000236 EFTA00081264 Case 9:08-cv-80736-KAM Document 361-15 Entered on FLSD Docket 02/10/2016 Page 4 of 11 did knowingly commit a simple assault on a person who was over the age of 16 years, that is, in violation of Title 18, United States Code, Section 113(a)(5). D • R. ALEXANDER ACOSTA UNITED STATES A Mk$ thr ASSISTANT UNITED STATES ATTORNEY A F T 2 08-80736-CV-MARRA RFP WPB 000237 EFTA00081265 Case 9:08-cv-80736-KAM Document 361-15 Entered on FLSD Docket 02/10/2016 Page 5 of 11 URT UNITED STATES DISTRICT CO RIDA SOUTHERN DISTRICT OF FLO Case No. D UNITED STATES OF AMERICA vs. JEFFREY EPSTEEh Defend PLEA AGREEMENT es"), Souther n District of Florida ("the United Stat The United States Attorney force following to as the "defendant") enter into the and Jeffrey Epstein (hereinafter agreement: the ty to the Information which charges 1. The defendant agrees to plead guil y ges that theFfe ndant knowingly and intentionall defendant as follows: Count 1 char n to child vict ims by 18 U.S.C. § 3509; in violatio violated the privacy protection accorded ndant, Sections 403 and 2; and Count 2 charges that the defe of Title 18, United States Code, seas, did kno wingly commit ple assault on a person while in an airplane over the high es Code, that is in violation of Title 18, United Stat who was over the age of 16 years, Section 113(aX5). r e will be imposed by the Court afte 2. The defendant is aware that the sentenc ing Guidelines and Policy Statements (hereinafter considering the Federal Sentenc Page 1 of 7 08-80736-CV-MARRA RFP WPB 000238 EFTA00081266 Case 9:08-cv-80736-KAM Document 361-15 Entered on FLSD Docket 02/10/2016 Page 6 of 11 "Sentencing Guidelines"). The defendant acknowledges and understands that the Court will compute an advisory sentence under the Sentencing Guidelines and that the applicable guide' '11 be determined by the Court relying in part on the results of a Pre-Sentence Investigation by the Court's probation office, which investigation will commence after the guilty plea has been entered. The defendant is also aware that, under certain circumstances, the Court may depart the advisory sentencing guideline range that it has computed, and may raise or lower isory sentence under the Sentencing Guidelines. The defendant is further aware and understands that the Court is required to consider the advisory guideline range determined under the Sentencing Guidelines, but is not bound to impose that sentence; the Court is permitted to tailor the uAsentence te in light of other statutory concerns, and such sentence may be either more severe or less severe than the Sentencing Guidelines' advisory sentence. Knowing these facts, the defendant understands and acknowledges that the Court has the authority to impose any sentenc thin and up to the statutory maximum authorized by law for the offenses identified in paragraph 1 and that the defendant may not withdraw the plea solely as a result of the sentence imposed. 3. The defendant further understands and acknowledt es that, as to Count 1 of the Information, the Court may impose a statutory maximum term of nprisonment of up to one (1) year, to be followed by a term of supervised release of up to a maximum of one (1) year. In addition to terms of imprisonment and supervised release, the Court may impose a fine of up to $100,000. The defendant further understands and acknowledges that, as to Count 2 of the Information, the Court may impose a statutory maximum term of imprisonment of up to Page 2 of 7 08-80736-CV-MARRA RFP WPB 000239 EFTA00081267 Case 9:08-cv-80736-KAM Document 361-15 Entered on FLSD Docket 02/10/2016 Page 7 of 11 (1) teen of supe rvised release of up to a maximum of one six (6) months, to be followed by a impose a nme nt and supervised release, the Court may year. In addition to terms of impriso fine of $100,000. acknowledges that, in addition to any 4. The defendant further understands and in the amount of this Agreement, a special assessment sentence imposed under paragraph 3 at or before the time of of $50 will be im on the defendant, which must be paid sentencing. full Court will order that he must pay 5. The defendant understands that the ndant nse to which he is pleading guilty. The defe restitution to all victims of the offe rmined at or on owed to each victim will be dete understands that the amount of ne before sentencing. that the defendant receive a sentence 6. The parties agree to jointly recommend nment, to be red by two (2) years of supervised of eighteen (18) months' impriso release; and a fine of $200,000. ral of the victims identified in the fede 7. The defendant agrees that, if any test the U.S .C. § 2255, the defendant will not con investigation file suit pursuant to 18 rt for the Southern District Florida over his person jurisdiction of the U.S. District Cou defendant will not contest that the identified victims are and/or the subject matter, and the e, ims of viol ations of Title 18, United States Cod persons who, while minors, were vict attorneys ted Stat es agrees to provide the defendant's Sections(s) 2422 and/or 2421 The Uni defendant has whi ch will not exceed forty, after the with a list of the identified victims, Page 3 of 7 08-80736-CV-MARRA RFP WPB 000240 EFTA00081268 Case 9:08-cv-80736-KAM Document 361-15 Entered on FLSD Docket 02/10/2016 Page 8 of 11 signed this agreement and has been sentenced. The United States further agrees to make a motion with the United States District Court for the Southern District of Florida for the appoin , of a guardian ad!item for the identified victims and the defendant's counsel may contact the identified victims through that guardian. 8. The defendant agrees to plead guilty (not nolo contendere) to an Information filed by the Palm BI County s State Attorney's Office charging an offense for which the defendant must regi a sex offender, that is, solicitation of minors to engage in prostitution, in violation of Fl. Stat. 796.03. The defendant agrees that he and the Palm Beach County State Attorney's Office will make a joint, binding recommendation that the Court impose a sentence of at leastyk (30) months, to be divided as follows: (a) the defendant shall begin by serving at least twenty (20) months in r prison, without any opportunity for withholding adjudication or sentencing, and without pr 'on or community control in lieu of imprisonment; and (b) following the teen of imprisonment, the defendant shall serve ten (10) months of community controVhome confinement with electronic monitoring. T 9. The defendant agrees to waive all challenges to the Information filed by the State Attorney's Office and to waive the right to appeal his conviction and sentence in the state court. 10. The defendant agrees that he will provide to the U.S. Attorney's Office copies Page 4 of 7 08-80736-CV-MARRA RFP WPB 000241 EFTA00081269 Case 9:08-cv-80736-KAM Document 361-15 Entered on FLSD Docket 02/1 0/2016 Page 9 of 11 's Office prior to Palm Beach County State Attorney of all proposed agreements with the entering into those agreements. ation t to inform the Court and the prob The United States reserves the righ rmation sentencing process, including all relevant info office of all facts pertinent to the cerning the whe ther charged or not, as well as con concerning the offenses committed, from the Court ground, and to respond to any questions defendant and the defendant's back ject only to the express and the Probation Of d to any misstatements of fact or law. Sub eement, this recommendations contained in this Agr terms of any agreed-upon sentencing tity e any reco mmendation as to the quality and quan Office further reserves the right to mak of punishment. A ence has not yet been determined by the 12. The defendant is aware that the sent ng range or that any estimate of the probable sentenci Court. The defendant also is aware ive, whe ther estimate comes from the defendant's sentence that the defendant may rece ise, and is not ation office, is a prediction, not a prom attorney, the government, or the prob n office or the Court. The defendant understands binding on the government, the probatio ng, the governm ent makes to the Court as to sentenci further that any recommendation that Court or otherwis e, is not binding o the Court and the whether pursuant to this agreement n in its entirety. The defendant understands and may disregard the recommendatio ndant may not ed in paragraph 2 above, that the defe acknowledges, as previously acknowledg pt a sentencing the Court's decision not to acce withdraw his plea based upon ation made jointly nt, the government, or a recommend recommendation made by the defenda Page 5 of 7 08-80736-CV-MARRA RFP WPB 000242 EFTA00081270 Case 9:08-cv-80736-KAM Document 361-15 Entered on FLSD Docket 02/10/2016 Page 10 of 11 by both the defendant and the government. 13. WAIVER OF RIGHT TO APPEAL AND COLLATERALLY ATTACK THE S NCE. The defendant is aware that Title 18, United States Code, Section 3742 affords the defendant the right to appeal the sentence imposed in this case. Acknowledging this, in exchange for the undertakings made by the United States in this plea agreement, the defendant hereby w • s all rights conferred by Section 3742 to appeal any sentence imposed, including a 'titution order, or to appeal the manner in which the sentence was imposed, unless the sentence exceeds the maximum permitted by statute or is the result of an upward departure or upward variance from the guideline range that the Court establishes at sentencing. The defendant furth oluntarily and expressly waives, to the maximum extent permitted by federal law, the right to collaterally attack his sentence in any post- conviction proceeding, including a motion on any ground brought under 28 U.S.C. § 2254, 28 U.S.C. § 2255, 18 U.S.C. § 3572, or 18 U.S.C. 1. The defendant further understands that nothing in this agreement shall affect the government's right and/or duty to appeal as set forth in Title 18, United States Code, Section 3742(b). However, if the United States appeals the defendant's sentence pursuant to Section 3742(6), the defendant shall be released from the above waiver of appellate rights. By signing this agreement, di defendant acknowledges that he has discussed the appeal waiver set forth in this agreement with his attorney. 14. If the defendant fails in any way to fulfill each one of his obligations under this Plea Agreement, the United States, and only the United States, may elect to be released from its commitments under this Plea Agreement. If the United States elects to void the Plea Page 6 of 7 08-80736-CV-MARRA RFP WPB 000243 EFTA00081271  Case 9:08-cv-80736-KAM Document 361-15 Entered on FLSD Docket 02/10/2016 Page 11 of 11 not to use the defendant, then the United States agrees Agreement betty Ise of a breach by the nt ever, the United States may prosecute the defenda defendant's guilty plea against him. How has committ ed related to this case and may seek any for any1111 Federal crimes that he defendant incl uding the statutory maximums. The sentence for such crimes up to and speedy ns defe nse and any constitutional or statutory expressly waives any statute of limitatio h a defense exists as of the trial defense to such rosecution, except to the extent that suc ands that his violation of date he signs this PI ement. Finally, the defendant underst ty plea. ld not entitle him to withdraw his guil the terms of this Plea Agreement wou and erstanding between the United States 15. This is the entire agreement and und erstandings. ents, promises, representations, or und the defendant. There are no other I. - By: Date: R. ALEFNDER ACOSTA UNITE TATES ATTORNEY By: Date: JEFFREY EPSTEIN, DEFENDANT T By: Date: JAY LEFKOWITZ, ESQ. ATTORNEY FOR DEFENDANT Page 7 of 7 08-80736-CV-MARRA R FP WPB 000244 EFTA00081272