361-16.pdf

EXHIBIT 16 Case 9:08-cv-80736-KAM Document 361-16 Entered on FLSD Docket 02/10/2016 Page 1 of 7 08-80736-CV-MARRARFP WPB 000107 Case 9:08-cv-80736-KAM Document 361-16 Entered on FLSD Docket 02/10/2016 Page 2 of 7 Gmail-Fw: Fw: 1 message Jay Lefkowitz< JLefkowitz To: "Marie Villafana, Ann" Page 1 of 1 Ann Marie Villafana Sun, Sep 16, 2007 at 12:07 PM Marie - I would like you to take a look at these suggestions in the meantime. I tried to follow your format. I have not yet cleared all of this with my client. Thx ----Original Message ----- From: jplefkowitz Sent: 09/16/2007 11 :58 AM AST To: Jay Lefkowitz Email and AIM finally together. You've gotta check out free AOL Mail! -http://mail.aol.com *********************************************************** -- - ·1 he 1nformat1on confarned rn ·mrs communrcatron 1s-conticlent1al,-may be· atforney-chenc - ---~--------·-- privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kir~land & 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. ***************************************~******************* 1a11 epstein.doc 'E:.l 34K 08-80736-CV-MARRARFP WPB 000108 Case 9:08-cv-80736-KAM Document 361-16 Entered on FLSD Docket 02/10/2016 Page 3 of 7 In Re: Investigation of Jeffrey Epstein I ---------- AGREEMENT • • IT APPEARING that the City of Palm Beach Police Department and the State Attorney's Office for the 15 th Judicial Circuit in and for Palm Beach County (hereinafter the "State Attorney's Office") have conducted an investigation into the conduct of Jeffrey Epstein (hereinafter "Epstein"); . . IT APPEARING that the State Attorney's Office has charged Epstein with three counts of solicitation of prostitution in violation of Florida Statutes Section 796.07; . IT APPEARING that the United States Attorney's Office and the Federal Bureau of Investigation have conducted their own investigation of the offenses and Epstein's background; IT APPEARING to the United States Attorney's Office and the Federal Bureau of Inve~tigation that Epstein may have committed offenses against the United States from in· or around 2001 through in or around October 2005, including: (1) knowingly and willfully conspiring-with others known and unknown to commit offenses against the United States, in violation of Title 18, United States Code, Section 2422(b) and 2423(b); all in violation of Title 18, United States Code, Section 371 and 18 USC 2423(e); and ·------................ _ ... _ ... ---· --·---· ----·-·-- (2) knowingly and willfully violating 18 USC 2422(b) and 2, 18 USC 2423(b), and 18 USC 159l(a)(l),(2); • IT APPEARING, after an investigation of the offenses and Epstein's background, that the interest of the United States pursuant to the Petite policy will be served by the following procedure; THEREFORE, on the authority of R. Alexander Acosta, United States Attorney for the Southern District of Florida, prosecution of these offenses shall be deferred in favor of prosecution by the State of Florida and prosecution of violations of 18 lJSC 1512(d) and 18 USC 371, l13(a)(5) by the United States, provided that Epstein abides by the following conditions and tl}e requirements of this Agreement set forth below. Should Epstein be proven to have violated any of the conditions of this Agre_ement, the United States Attorney may at any time initiate prosecution against Epstein for any offense listed above. In this case, the United States Attorney will furnish Epstein with notice specifying the conditions of the Agreement that he has violated. 08-80736-CV-MARRARFP WPB 000109 Case 9:08-cv-80736-KAM Document 361-16 Entered on FLSD Docket 02/10/2016 Page 4 of 7 Terms of the Agreement: 1. Epstein shall plead guilty to the criminal charge in the Indictment as currently pending against him in the J5 th Judicial C~cuit in and for Palm Beach County and in addition shall plead guilty to a 1 count Information filed by the State Attorney's Office charging a violation· of the foilowing Florida Statute: Procuring person under age of 18 for prostitution in violation of F.S.A. § 796.03. 2. Epstein and the State Attorney's Office shall make a joint, binding recommendation that the Court impose a sentence as follows: (a) Epstein shall enter a plea agreement with the State Attorney's Office forthwith and thereafter enter his plea of guilty to the Indictment • (Case # 2006cfil09495AXXXMB) on a date after the date of imposition of his federal sentence as described in paragraph 5 and 6, infra but before the beginning of his term of federal imprisonment Epstein shall thereafter be required to enter his plea of guilty to the Information within 7 days after the completion of his federal term of imprisonment. (b) Following the term of federal imprisonmenfEpstein shall be placed on three (3) years probation. (c) As a special condition to that probation, Epstein will serve the first (1) year in community control. (d) Following community control, Epstein shall serve the remaining two (2) years of Probation on the charge that presently pending in. the state Indictment 3. Epstein :.Shall • waive all challenges to the Info~ation filed by the State Attorney's Office and shall waive the right to appeal his conviction and sentence unless the Court imposes a sentence that exceeds the terms of the joint recommendation in which case Epstein reserves the right to 'withdraw his plea and to exercise at his sole election any -other right to appeal .4. Epstein shall provide to the 'U.S. Attorney's Office copies of all proposed agreements with the State Attorney's Office prior· to entering into those agreements; • • 5. Epstein shall plead guilty to an Information charging one (1) count charging a violation of 18 USC 1512(d) and one (1) count charging simple assault within the maritiu?-e and territorial jurisdiction of the United States in violation -of 18 USC §113(a)(5) and 18 USC §7(5). 6. Epstein and the Government shall make a joint recommendation that the Court impose the maximum sentence of . eighteen (18) months. Epstein, Case 9:08-cv-80736-KAM Document 361-16 Entered on FLSD Docket 02/10/2016 Page 5 of 7 acknowledging his right to appeal under 18 U.S.C. § ·3742, hereby waives the rights coufem::d by § 3742 to appeal any sentence imposed, including any restitution order, or to appeal the manner in which the sentence was imposed,· unless the sentence exceeds the maximum permitted by \3tatute or is the result of an upward departure or upward variance from the guideline range that the Court establishes at sentencing. 7. Epstein shall enter his guilty plea to the federal Information no later than November .5, 2007. Epstein and the Government agree to submit an agreed statement of facts in lieu of the Pre-Semence Investigation Report, which shall be waived, and Epstein and the Government agree • that sentence shall be imposed on the date of plea, that Epstein be released on bail, tp.at travel shall not be restricted during the period of bail and that Epstein be permitted to self- • report to the facility designated by the United States . Bureau of Prisons to commence his senteice 75 days ·after sentencing. Epstein and the Government further agree that the Government shall not object to Ep&tein's request that the· Court recommend to the Bureau of Prisons that Epstein be design_ated to serve his sentence at a federal prison camp; and · g_ Epstein agrees to fund a Trust set up in