EFTA00081280.pdf

Case 9:08-cv-80736-KAM Document 361-18 Entered on FLSD Docket 02/10/2016 Page 1 of 13 EXHIBIT 18 EFTA00081280 Case 9:08-cv-80736-KAM Document 361-18 Entered on FLSD Docket 02/10/2016 Page 2 of 13 Fax 561 =rniassa ess C. XusAns‘)" To "Jay Leflcowitz" <31Lefkowitz®Icirldand.com> 09/18/2007 09:14 AM Sub RE: Draft Agreements? ject 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). J Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 08-80736-CV-MARRA RFP WPB 000266 EFTA00081281 Case 9:08-cv-80736-KAM Document 361-18 Entered on FLED Docket 02/10/2016 Page 3 of 13 MUSAFLS1)" To "Jay Lefkowitz" <JLefkowitz©kirkla nd.com> 09/18/2007 08:44 AM CC Su Draft Agreements? bj ec t be things for me to read this Hi Jay -1 was hoping there would patient. morning, but I will try to remain 08-80736-CV-MARRA RFP WPB 000267 EFTA00081282 Case 9:08-cv-80736-KAM Document 361-18 Entered on FLSD Docket 02/10/2016 Page 4 of 13 I believe there are only two types of agreements that would apply to this ease: (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 facts I included 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 those facts. On a second count, we could rely on the incident where Mr. Epstein's private investigators followed father, forcing him off the road. Or, if there is something more recent related to any "• we could consider that. Hope that helps. Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 ****** * St** * ft* ******** ** ***************** ******* **** ***** 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 08-80736-CV-MARRA RFP WPB 000268 EFTA00081283 Case 9:08-cv-80736-KAM Document 361-18 Entered on FLSD Docket 02/10/2016 Page 5 of 13 and may be unlawful. If you have received this y by communication in error, please notify us immediatel nd.co m, and return e-mail or by e-mail to postmaster®kirkla f, destroy this communication and all copies thereo including all attachments. ****************** ************************************ 070918 12.22 pm Plea Agreement 1512 counts.wpd 08-80736-CV-MARRA RFP WPB 000269 EFTA00081284 Case 9:08-cv-80736-KAM Document 361-18 Entered on FLSD Docket 02/10/2016 Page 6 of 13 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. UNITED STATES OF AMERICA vs. JEFFREY EPSTEIN, Defendant. / PLEA AGREEMENT The United States Attorney for the Southern District of Florida ("the United States"), and Jeffrey Epstein (hereinafter referred to as the "defendant") enter into the following agreement: 1. The defendant agrees to plead guilty to a two-count Information which charges the defendant as follows. Count 1 charges that the defendant intentionally harassed another person, that is, in an attempt to delay, prevent, and dissuade from attending or testifying in an official proceeding, that is a appearance in the Southern District of Florida, in violation of Title 18, United States Code, Sections 1512(d)(2) and 2; and Count 2 charges that the defendant intentionally harassed another person, that is, in an attempt to delay, prevent, and dissuade- from reporting to a law enforcement officer of the United States the commission of a federal offense; in violation of Title 18, United States Code, Sections 1512(dX2) and 2. 2. The defendant agrees and understands that the above charges involve his conduct, and the conduct of others, between in and around early 2001 through in and 08-80736-CV-MARRA RFP WPB 000270 EFTA00081285 Case 9:08-cv-80736-KAM Document 361-18 Entered on FLSD Docket 02/10/2016 Page 7 of 13 prostitution spiracy to solicit minors to engage in around September 2007 involving a con is agreement to engage in illicit sexual conduct. _Th and to travel in interstate commerce in the the fede ral crim inal liab ility of the defendant and any co-conspirators resolves ons known of any criminal conduct by those pers Southern District of Florida growing out of Stat es Atto rney 's Off ice for the Sou thern District of Florida as of the date to the United agre eme nt, incl udin g but not lim ited to the above-described scheme. this pica entry of the defendant's guilty plea, its 3. The United States agrees that, upon and all pending ( will be stig atio n will be susp end ed, Grand Jury inve as yan ce unle ss and unti l the defe ndant violates any term of this agreement, held in abe his pending The defendant likewise agrees to withdraw explained in paragraph 19, infra. qua sh cert ain The defendant further motion to inte rven e and to ntain that that the curr ent cust odia n of cert ain computer equipment shall mai agrees s of this agreement have been satisfied evidence inviolate until all of the term defe nda nt is awa re that the sent enc e will be imposed by the Court after 4. The einafter ring the Fed eral Sen tenc ing Guidelines and Policy Statements (her conside the Court ndant acknowledges and understands that "Sentencing Guidelines"). The defe adv isor y sen tenc e und er the Sentencing Guidelines and that the will compute an lts of a guid elin es will be dete rmi ned by the Court relying in part on the resu applicable stigation will Court's probation office, which inve Pre-Sentence Investigation by the re that, under n entered. The defendant is also awa commence after the guilty plea has bee range ums tanc es, the Cou rt may dep art from the advisory sentencing guideline certain circ Sentencing it has com pute d, and may rais e or lower that advisory sentence under the that rt is required to her aware and understands that the Cou Guidelines. The defendant is furt but is adv isor y guid elin e rang e dete rmi ned under the Sentencing Guidelines, consider the e sentence in Court is permitted to tailor the ultimat not bound to impose that sentence; the ere or less such sentence may be either more sev light of other statutory concerns, and 2 08-80736-CV-MARRA RFP WPB 000271 EFTA00081286 Case 9:08-cv-80736-KAM Document 361-18 Entered on FLSD Docket 02/10/2016 Page 8 of 13 severe than the Sentencing Guidelines' advisory sentence. Knowing these facts, the defendant understands and acknowledges that the Court has the authority to impose any sentence within 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. 5. The defendant further understands and acknowledges that, as to each of Counts 1 and 2 of the Information, the Court may impose a statutory maximum term of imprisonment 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 as to each count. 6. The defendant further understands and acknowledges that, in addition to any sentence imposed under paragraph 3 of this Agreement, a special assessment in the amount of $50 will be imposed on the defendant, which must be paid at or before the time of sentencing. 7. The defendant understands that the Court will order that he must pay full restitution to all victims of the offense to which he is pleading guilty. The defendant understands that the amount of restitution owed to each victim will be determined at or before sentencing. 8. The parties agree to jointly recommend that the defendant receive a sentence of eighteen (18) months' imprisonment, to be followed by two (2) years of supervised release; and a fine of $200,000. The parties' further agree to jointly recommend that the Court impose one year of home confinement as a special condition of supervised release. 9. The defendant agrees that, if any of the victims identified in the federal investigation file suit pursuant to 18 U.S.C. § 2255, the defendant will not contest the jurisdiction of the U.S. District Court for the Southern District of Florida over his person 3 08-80736-CV-MARRA RFP WPB 000272 EFTA00081287 Case 9:08-cv-80736-KAM Document 361-18 Entered on FLSD Docket 02/10/2016 Page 9 of 13 ims are nt will not contest that the identified vict and/or the subject matter, and the defenda e, , whi le min ors, wer e vict ims of viol ations of Title 18, United States Cod persons who ndant's tions(s) 242 2 and /or 242 3. The United States agrees to provide the defe Sec y, after the victims, which will not exceed fort attorneys with a list of the identified sign ed this agre eme nt and has bee n sentenced. The United States further defendant has trict of to mak e a mot ion wit h the Uni ted States District Court for the Southern Dis agrees and the rdian ad litem for the identified victims Florida for the appointment of a gua tified victims through that guardian. defendant's counsel may contact the iden must erstands and acknowledges that he 10. The defendant further und Circuit in Attorney's Office for the 15th Judicial undertake certain actions with the State sfy the Bea ch Cou nty (her eina fter , "Sta te Attorney's Office") in order to sati and for Palm nses, in Sta tes' fede ral inte rest in the investigation and prosecution of his offe United ands and ent's Petite policy. Epstein underst accordance with the Justice Departm e that the Uni ted Stat es Atto rney has no authority to require the Stat acknowledges that it is 's Off ice to abid e by any term s of this Agreement. Epstein understands Attorney to ensure on with the State Attorney's Office his obligation to undertake discussi compliance with these procedures. es In add itio n to ente ring a guil ty plea in the instant ease, the defendant agre 11. rney's Office plea d guil ty to an Info rma tion file d by the Palm Beach County State Atto to nder, that is, defendant must register as a sex offe charging an offense for which the of min ors to eng age in pros titut ion, in violation of Fl. Stat. 796.03. The solicitation nses. nda nt mus t ente r this guil ty plea before he is sentenced on the federal offe defe Palm Beach County State Attorney's 12. The defendant agrees that he and the of at mak e a join t, bind ing reco mm end ation that the Court impose a sentence Office will (12) months t eigh teen (18 ) mon ths' imp riso nme nt to be followed by at least twelve leas ase from t to be served upon the defendant's rele of community control/home confinemen 4 08-80736-CV-MARRA RFP WPB 000273 EFTA00081288 Case 9:08-cv-80736-KAM Document 361-18 Entered on FLSD Docket 02/10/2016 Page 10 of 13 federal prison. Those sentences may run concurrently with the federal sentence imposed pursuant to this agreement. [NB: The other option is: The defendant and the Palm Beach County State Attorney's Office shall make a joint, binding recommendation that the Court impose a sentence of at least sixty (60) months' probation, which will include at least twelve (12) months of community control/home confinement to be served upon the defendant's release from federal prison.) 13. 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. 14. The defendant agrees to provide to the U.S. Attorney's Office copies of all proposed agreements with the Palm Beach County State Attorney's Office prior to entering into those agreements. 15. The defendant agrees that the timely completion of these actions is material to this agreement and is supported by independent consideration and that a breach of any one of these conditions allows the United States to elect to terminate the agreement and to investigate and prosecute Epstein for any and all federal offenses. 16. The United States reserves the right to inform the Court and the probation office of all facts pertinent to the sentencing process, including all relevant information concerning the offenses committed, whether charged or not, as well as concerning the defendant and the defendant's background, and to respond to any questions from the Court and the Probation Office and to any misstatements of fact or law. Subject only to the express terms of any agreed-upon sentencing recommendations contained in this Agreement, this Office further reserves the right to make any recommendation as to the quality and quantity of punishment. 17. The defendant is aware that the sentence has not yet been determined by the Court. The defendant also is aware that any estimate of the probable sentencing range or 5 08-80736-CV-MARRA RFP WPB 000274 EFTA00081289 Case 9:08-cv-80736-KAM Document 361-18 Entered on FLSD Docket 02/10/2016 Page 11 of 13 the ive, whether that estimate comes from sentence that the defendant may rece a s atto rney , the gov ernm ent, or the probation office, is a prediction, not defendant' rt The e, and is not bind ing on the gov ernment, the probation office or the Cou pro mis es to the recommendation that the government mak defendant understands further that any sen tenc ing, whe ther purs uan t to this agreement or otherwise, is not binding on Court as to defendant Cou rt and the Cou rt may disr ega rd the recommendation in its entirety. The the ve, that iously acknowledged in paragraph 4 abo understands and acknowledges, as prev pt a nt may not with draw his plea bas ed upon the Court's decision not to acce the defenda ent, or a tenc ing reco mm end atio n mad e by the defendant, the governm sen defendant and the government. recommendation made jointly by both the WA IVE R OF RIG HT TO APPEAL AND COLLATERALLY 18. Code, CK HE SEN TEN CE . The defe nda nt is aware that Title 18, United States ATTA in this case. right to appeal the sentence imposed Section 3742 affords the defendant the this , in exc han ge for the und erta kings made by the United States in this Acknowledging 2 to eme nt, the defe nda nt here by wai ves all rights conferred by Section 374 plea agre manner in g any restitution order, or to appeal the appeal any sentence imposed, includin e was imp osed , unle ss the sen tenc e exceeds the maximum permitted by which the sentenc extent The defe nda nt furt her volu ntar ily and expressly waives, to the maximum statute. e in any t to collaterally attack his sentenc permitted by federal law, the righ er 28 U.S.C. § g a motion on any ground brought und post-conviction proceeding, includin .C. § 225 5, 18 U.S .C. § 357 2, or 18 U.S.C. § 3771. The defendant further 2254, 28 U.S t and/or duty erst and s that noth ing in this agre ement shall affect the goverrunent's righ und ever, if the ted States Code, Section 3742(b). How to appeal as set forth in Title 18, Uni nt es app eals the defe nda nt's sen tenc e pursuant to Section 3742(b), the defenda United Stat agreement, ll be rele ased from the abo ve wai ver of appellate rights. By signing this sha h in this has discussed the appeal waiver set fort the defendant acknowledges that he 6 08-80736-CV-MARRA RFP WPB 000275 EFTA00081290  Case 9:08-cv-80736-KAM Document 361-18 Entered on FLSD Docket 02/10/2016 Page 12 of 13 agreement with his attorney. 19. 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 Agreement because of a breach by the defendant, then the United States agrees not to use the defendant's guilty plea against him. However, the United States may prosecute the defendant for any and all Federal crimes that he has committed related to this case and may seek any sentence for such crimes up to and including the statutory maximums. The defendant expressly waives any statute of limitations defense and any constitutional or statutory speedy trial defense to such a prosecution, except to the extent that such a defense exists as of the date he signs this Plea Agreement. Finally, the defendant understands that his violation of the terms of this Plea Agreement would not te. entitle him to withdraw his guilty plea. 20. This is the entire agreement and understanding between the United States and the defendant. There are no other agreements, promises, representations, or understandings. Date: By: R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Date: By: JEFFREY EPSTEIN, DEFENDANT Date: By: 7 08-80736-CV-MARRA RFP WPB 000276 EFTA00081291 Case 9:08-cv-80736-KAM Document 361-18 Entered on FLSD Docket 02/10/2016 Page 13 of 13 GERALD LEFCOURT, ESQ. ATTORNEY FOR DEFENDANT a 08-80736-CV-MARRA RFP WPB 000277 EFTA00081292