EFTA00724323.pdf

BURMAN. CRITTON LUTTIER&COLEMAN.LLP YOUR TRUSTED ADVOCATES A LIMITED LIABILITY PARTNERSHIP J. MICHAEL BURMAN. P.A." ADELE/VI J. BENAVENTE GREGORY W. COLEMAN. PA. PARALEGAL/INVESTIGATOR ROBERT D. CRITTON. JR. PA. JESSICA CADWELL BERNARD A. FEBEDEKER. BOBBIE M. MCKENNA MARK T. LUTTIER. PA. ASHLIE STOREN-BARING MICHAEL J. PIKE BETTY STOW MICHAEL L. SCHEVE September 9, 2010 PAML (GALS DEAN T. XENICK RITA Ii. BUDNYK DAVID A YAREMA Of COUNSEL EDWARD M. RICCI 'FLORIDA BOARD CULTIFJID CIVIL -TRIAL LAWYER Of COUNSEL ;ADMITTED TO PRACTICE IN FLORIDA AND COLORADO PERSONAL AND CONFIDENTIAL Sent by E-Mail and U.S. Mail William Riley Re: Epstein Matter Dear Bill: I am enclosing a copy of a letter sent by me to Jack Goldberger dated August 19, 2010 and signed by both Jack Goldberger and Jeffrey Epstein on September 2nd. As you will see from the content of the letter, Jack is now taking over responsibility for direction and supervision of you with respect to personal items belonging to Jeffrey that are in your possession Will you please sign below, acknowledging receipt of this letter. Keep one for yourself and put a copy of the letter with your signature acknowledging receipt to both Jack and myself. I hope that you are continuing to recover from your physical injuries as well as your emotional losses. The very best to you, Bill. Cordially y Robert e. Critton, Jr. RDC/clz PHONE: • FAX: WWW.BC LCLAW.COM EFTA00724323 September 9, 2010 Page 2 cc: William Richey, Esq. Jack Goldberger, Esq. Jeffrey E. Epstein Lilly Ann Sanchez, Esq. Jerry Lefcourt, Esq. I have read the above letter and its enclosures and agreed and understand my ongoing obligation to maintain Mr. Epstein's personal items inviolate until all terms of the Non-Prosecution Agreement have been satisfied and I have been advised of same by Jack Goldberger. William Riley Date EFTA00724324  BURMAN,CRITTON LUTTIER&COLEMAN, LLr YOUR. TRUSTED ADVOCATES A LIMITED LIABILITY PARTNERSHIP I. MICHAEL SURMAN. PA° ADELQui ). BINMENTE GREGORY W. COLEMAN, PA. PARAiMmimwsimArot ROBERT D. CRITION. ILL PA.' JESSICA CADWILL BERNARDA. LEMDEXER BOBBIE M. MCKENNA LUTTIER. PA AMIDE STOKEN-BARING MICHAEL). PIM BETTY STOKES MICHAEL L SCHEVE PARALEGALS DEAN T. XINICK RITA H. BuDNYX DAVID A YALLEHA OF COUNSEL EDWARD M. RICCI 'FLORIDA IOMEICERTMED CWIL TRIAL LAWYER Of COUNSR 2ADWITED TO MACTlal IN ROMA AND COLORADO August 19, 2010 Sent by E-mail and U.S. Mail Jack A. Goldberger, Esq. u Gol b r & Weiss P.A. Re: Epstein Matter Dear Jack: This letter is in response to your request to take over direction and supervision of Bill Riley with respect to personal items belonging to Jeffrey Epstein that are in Bill's possession. Becau e tential additional litigation and ongoing claims (including Mr. Edwards' claim), there is a possibility that Bill will be subpoenaed for production of e revs personal items, and that you need to be able to direct and supervise Bill to defend the Issues arising out of this subpoena. I will transfer direction and supervision of Bill, but only under the strict terms of the non-prosecution agreement. Those terms require that all property belonging to Jeffrey that is in Bill's possession remain inviolate until all the terms of the non- prosecution agreement are satisfied. I am enclosing a copy of the non-prosecution agreement so you can refer to it. As you know, during the federal investigation of Jeffrey, the grand jury issued a subpoena to Bill for Jeffrey's personal property, including computers. The subpoena was pending when the federal matter was resolved and the non-prosecution agreement signed on September 24, 2007. Page five of the non-prosecution agreement provides that upon its execution and upon Jeffrey's guilty plea in the state case, "the federal grand jury investigation will be suspended, and all pending federal grand jury • PHONE: • PAX • MAIL#BCLCLAW.COM WWW.BCLGLAW.COM EFTA00724325  August 19, 2010 Page 2 subpoenas will be held in abeyance unless and until the defendant violates any terms of this agreement." Also on page five of the non-prosecution agreement, "both parties agree to maintain their evidence, specifically evidence requested by or directly .related to the grand jury subpoenas that have been issued, and including certain computer equipment, inviolate until all of the terms of this agreement have been satisfied." The government agreed that "upon the successful completion of the terms of this agreement, all outstanding grand jury subpoenas shalt be deemed withdrawn." By taking over direction and supervision of Bill, you will be responsible for ensuring that all of Jeffrey's personal property in Bill's possession remains inviolate during the terms of the non-prosecution agreement. It is in Jeffrey's best interest to give the non-prosecution agreement the strongest possible consideration to ensure that all items remain inviolate and that no opportunity is given for the government to claim a breach of the agreement. • I ask that you and Jeffrey sign In the space provided below to acknowledge that you understand and agree to all the terms in this letter. I have copied Lilly Ann Sanchez and Jerry Lefcourt because they signed the non-prosecution agreement with the government as counsel for Jeffrey. Once I receive your signatures, I will forward a copy of the signed letter to Bill Riley and will confirm with you transfer over Bill's Supervision. Cordially y4trs, tton, Jr. Date: 9 (-7-- ho Date: git/(a Je P Cc: Lilly Ann Sanchez, Esq. Jerry Lefcourt, Esq. Jeffrey E. Epstein William Riley do William Ritchey EFTA00724326 WEE: INVESTIGATION OF JEFFREY EPSTEIN NON-PROSECIITON AGREEMENT IT APPEARING that the City of Paim Beach Police Department and the State Attorney's Office for the 15th Judicial Circuit in and for Palm Beach Comity (hereinafter, the "State Attorney's Office") have conducted an investigation into the conduct of Jeffrey Epstein (beninatter "Epstein"); IT APPEARING that the State Attorney's Office has charged Epstein by indictment with solicitation of prostitution, in violation of Florida Statutes Section 796.07; • IT APPEARING that theUnited States Attorney's Office mite Federal Bureau of Investigation have conducted their own investigation into Epstein's backgroUnd and any offenses that may have been committed by Epstein against the United States from in or around 2001 through in or around &Omuta 2007, including; (I) knowingly and willfully conspiring with others known and unknown to commit an offense against the United States, that is, to use a facility or means of interstate or foreign =amerce to knowingly persuade, induct, or entice minor females to engage inwestindion, in violation of Title 18, United States Code,, Section 2422(b); all in violation ofTdle I8,United States Code, Section 371; (2) knowingly and wilifullyconspiring with others known and unknown to travel in itterstatecommerce for thepurnose ofengaging in illicitsexual conduct, as defined in 18 U.S.C. (i 2423(1), with minor females, in violation of Title 18, U ar'tedStates Code, Section 2423(b); all inviolation oflitle 18, United States Code, Section 2423(e); (3) using a facility or means of interstate or foreign commerce to knowingly persuade, induce, or entice minor females to engage in prostitution; in violation oft& 18, United States Code, Sections 2422(b) and 2; (4) traveling in interstate commerce for the purpose of engaging in illicit sexual conduct as defined in 18 U.S.C. f 2423(f), with minor females; in violation Page 1 of 7 EFTA00724327  of Title 18, United Stites Code, Section 2423(b); and knowingly, in and affecting interstate and foreign commerce, recruiting, enticing, and obtaining by any means a person, knowing that the person bad not attained the age of 18 years and would be caused to engage in a commercial sex act as defined in 18U.S.C. § 1591(eX1); in.violation ofritle 18, United States Code, Sections 1591(a)(1) and 2; and rr APPEARINGthat Epstein seeks to resolve globally his state and federal caiminal liability and Epstein understands and acknowledges that, in exchange for the benefits provided by thisagreement, he agreesto complywith its terms, includingundertaking certain actions with the State Attorney's Office; IT APPEARING, after an investigation of the offenses and Epstein's backgroundby both Stale and Federal law enforcement agencies, and after due consultation with The State Attorney's Office, that the interests of the United States, the State of Florida, and the Defendant will be served by the following procedure; TE0BEFORE, on the authority of R. Alexander Acosta, United States Attorney for the Southern District of Florida, prosecution in this District for these offenses shall be defected in favor of prosecution by the State ofFlorida, provided that Epstein abides by the following conditions and the requirea:nents of this Agreement set forth below. If the United States Attorney should determine, based on reliable evidence, that, during the period of tbe Agreement, Epstein willfully violated any of the conditions of this Agreement then the United States Attorney may, within ninety (90) days following the expiration of the term of home confinement discussed below, provide Epstein with timely noticespecifybag the condition(s)ofttheAgreemant *lathe has violated, and shall initiate its prosecution on any offense within sixty (60) days' of giving notice of the violation. Any notice provided to Epstein pursuant to this paragraphshall be provided within 60 days of the United States leaning effects wisichmay provide a basisfor a determinant of a breach of the Agreement After timely fulfilling all the terms and conditions of the Agreement, no prosecution for the offenses set out on pages 1 and 2 of this Agreement, nor any other offenses thatbave been the subject of the joint investigation by the Federal Bureau of Investigation and the United States Attorney's Office, nor any offenses that arose from the Federal Grand Jury investigationwill be instituted in this District, and the charges againstEpstein if any, will be dismissed. Page 2 of 7 EFTA00724328 Teams of the Agreement 1. Epstein shall plead guilty (not nolo contendere) to the Indictment as currently pending against him in the 15th Judicial Circuit in and for Palm Beach County (Case No. 2006-cf-009495ANIX193) charging one (1) count of solicitation of prostitution, in violation of FL Stat. § 796.07. In adrlirien Epstein shall plead guilty to anInformation filed by the State Attorney's Office charging Epstein with an offense that requires him to register as a sex offender, that is, the solicitation of minors to engage in prostitution, inviolation ofFlorida Statutes Section 796.03; 2. Epstein shall make a binding recommendation that the Court impose a thirty (30) month sentence to be divided as follows: (a) Epstein shall be sentenced to consecutive terms of twelve (12) months and six (6) months in comfy jail for all charges, without any opportunity for withholding adjudication or sentencing, and withovt probation or community control in lieu of imprisonment; and (b) Epstein shall be sentenced to ate= of twelve (12) months of community control consecutive to his two terms in county jail as described in Term 2(a), supra. 3. This agreement is contingent upon a Judge of the 15th Judicial Circuit accepting and executing the sentence agreed upon between the State Attorney's Office and Epstein, the details ofwhich are set forth in this agreement 4. The terms contained in paragraphs 1 and 2, supra, do not foreclose Epstein and the State Attorney's Office from agreeing to recommend any additional charge(s) or any additional term(s) of probation and/or incarceration. 5. Epstein shall waive all challengesto the Information filed by the State Attorney's Offices:ad shallwaivelite right to appeal his conviction and sent-nee; except a sentence that exceeds what is set forth in paragraph (2), supra. 6. Epstein shall provide to the U.S. Attorney's Office copies of all Page 3 of 7 EFTA00724329  proposed agreements with the State Attorney's Office prior to entering into those agreements. 7. The United States shall provide Epstein's attorneys with a list of individuals whom it has identified as victims, as defined in 18 U.S.C. § 2255, after Epstein has signed this agreement and been senesced. Upon the execution of thisagreement, theUnited States, in consultation with and subject to the good faith.approval of Epstein's counsel, shall select an attonmyrepresentstiveforthesepersons, who shall bepaid for by Epstein. Epstein's counsel may contact the identified individuals *rough that representative. 8. If any of the individuals referred to in paragraph (7), supra, elects to file suit pursuant to 18 § 2255, Epstein will not contest the jurisdiction ofthe United StatesDin:d ot Court forgot SoutheniDistrict ofFlorida overhis person and/or the subject matte";and Epstein waives bis rightto contestliability and also waives his rightto contest damages up to an amount as agreed to between the identified individual and Epstein, so long as The identified individual elects to proceed exclusively under 18 U.S.C. § 2255, and agrees to waive any other claim fixdamages, whether pursuant to state, federal, or common law. Thytwithdanding this waiver, as to those individuals whose names appear on the list provided by theUnited States, Epstein's signal= on this agreement, his waivers and failures to contest liability and such damages in any suit are not to be construed as an admission of any criminal or civil liability. 9. Epstein's signature on this agreement also is not to be construed as an admission of civil or criminal liability or a waiver of any jurisdictional or other defense as to any person whose name does not appear on the list provided by the United States. 10. Except as to those individuals who elect to proceed exclusively under 18 U.S.0 § 2255, as set forfh inparagraph (8), supra, neitherEpstein's signature on this agreement, nor its terms, nor any resulting waivers or settlements byEpstein are to be construed as admissions or evidence of civil or criminal liability or a waiver of any jurisdictional or other defense as to any person, whether or not her name appears on the list provided by the United States. 11. Epstein shall use his best efforts to enter his guilty plea and be Page 4 of 7 EFTA00724330  no sentenced not later than October 26, 2007. The United States hasnot oltpetistp tr. P . rin tellf-entrreting n begin cerubig hi, wonteitoe later than January 4, 2008. • t to 12. Epstein agrees that he will not be afforded any benefits with respec gain time, other than therights, opportunitie s, and benefi ts as any other inmate, including but not limited to, divinity for gain time credit . based on standard rules and regulations that apply in the State of Florida. At the United States' request, Epstein agrees to provide an according of the gain time he earned during his period of incarceration_ any 13. Thepatties anticipate that this agreement will not be made put of public record. If the United States receives a Freedom of Information Act request or any compulsory process commanding the disclosure of the agreement, it will provide notice to Epstein before making that disclosure. ity to ramire the Epstein understands that the United States Attorney has no authca of this agreem ent Epstei n understands that State Attorney's Office to abide by any tons Attorn ey's Office and to use his it is his obligation to undertake discussions with the State which comp liance willbe neeneary best efforts to ensue oomph ancewithtbese procedures, tion to use tands that it is his obliga to satisfy the United States' interest Epstein also unders bindin g t to accep tEpste in's his best efforts to convince the Judge of the 15th Judicial Circui to and unders tands that the failure recommendation regarding the se-no-err to be imposed, do so will be a breach of the agreem ent. e compensation In consideration ofEpstein's agreement to plead guilty and to provid the terms and conditions in the manner described above, ifEpstein successfully fulfills all of any ' ' ofthis agreement, the United States also agrees that it will not institute "1"3Farther:uPo limintedexecution of this gifilidainfariailla , the federal Grand Jury agreement and a plea agreement with the State Attorney's Office investigation will be suspended, and all pendin g federa l Grand Jury subpoenas will be held violate s any term of this agreement The in abeyance unless and until the defendant g motio n to interv ene and to quash certain. defendant likewise agrees to withdraw his pendin in their eviden ce, apeuif ically evidence grand jury subpoenas. Both parties agree to mainta been issued, and subpo enas that have requested by or directly related to the grand jury ent have of the terms ofthis agreem including certain computer equipment, inviolateuntil all ent, all of the terms of this agreem been satisfied. Upon the successful completion outstanding grand jury subpoenas shall be deemed withdrawn. Page 5 of 7 EFTA00724331  that each of these terns Ls By signing this agreement, Epstein asserts and certifies eration and that a breach material to this agreement and is supported by independent consid ) terminate the agreement of any one of these conditions allows the United States to cleat or entity for any and all and to investigate and prosecute Epstein and any other individual federal offenses. he is aware of the fact that By signingthis agreeinent, Epstein asserts and certifies that States provid es that in all criminal the Sixth Amendment to the Constitution of the United and public hiaL Epstein!rather prosecutions the accused shall enjoy the right to a speedy es that the Court al Proced ure provid is aware that Rule 48(b) of the Federal Rules of Crimin for =nece ssary delay in presenting niay dismiss an indictment, information, or complaint a defen ded to trial. Epstein a charge to the Grand hay, filing an information, or in bring:mg :eh rn Distri ct ofFlor ida &fern hereby requeststbat theUnited States Attorney for the Southe Agree ment to data of this prosecution. Epstein agrees and consents that any delay from the , shall be expres sed herein the date of initiation of prosecution, as provided for in the teams ssary delay at his own reques t, and hehere by waive s any defense tosuch deemed to be anece rights under Rule 48(b) of prosecution on the ground that such delay operated to deny him the Constitution ofthe the Federal Rules ofCrininal Procedure and the Sixth:Amer:dmeatto the =nit%of the statute United.Statesto a speedy trial ate bar the prosecution by reason of en the signing of this of il'mitations for a period of months equal to the period betwe were the subject of the agreement and the breach of this agreement as to those offenses that he understands that the grand jury's investigation. Epstein farther asserts and certifies that al Procedure provide that all Filth Amendment and Rule 7(a) of the Federal Rules of Crimin n hereby agrees Monies must be charged in an indictment presetded to a grand jury. Epstei is institu ted for any offens e that was the and consents that, if a prosecution against him runiftled be byway of =Iran :moti on signed subject of the grand jury's investigation, itmay his right to be indict ed by a grand jury as by the United States Attorney, and hereby waives to any such offense, Page 6 of 7 EFTA00724332  that the above has been read By signingthis agreesnent, Epstein asserts and certifies the cow:aims oftbisNon- endexplainedtohim. Epsteinhereby states lbat maim:stands Prosecution Agreement and agrees to comply with them. R. ALEXANDER.ACOSTA UNITED STATES ATTORNEY Dated: By: A-MARTS VILLAFARA. ASECESTANT U.S. ATTORNEY Dated: 77P/09-- Dated: GERALD LUSO:TORT,ESQ. COUNSEL TO B3E1MEY TRSTEIN Dated: TALLYARN SANCHEZ, ESQ• ATTORNEY-FOR JEFFREY EPSTEIN s. Pogo 7 of 7 EFTA00724333  has been read By signing this agreement RinseAn asserts and cealites that the above slates that he unders tands the condit ions of this Non- and explained to him. Epstein hereby Prosecution Agreement and agrees to compl y with them R. ALEXANDER.ACOSTA turrED STATES ATTORNEY Dated: By: A. MARIE VELAITARA. ASSISTARTUS. ATTORNEY Dated: Dated: 7 /9-4107 Dated: LILLY ANN SA.NCSEZ, ESQ. ATTORNEY PM IIIEFICEY EPSTEIN Page 7 of 7 EFTA00724334  certifies that the abovehas beenread By signing this agreement,Epstein asserts and Tin:denim:ids the condilions ofthisblon- stud explained tohint Epsteinheathy stases tbathe with Oscm. Prosecution Agteement and- agrees to comply R.. ALEXANDER ACOSTA UNLCED STATES ATTORNEY Dated: By: A.MARTS VICLAPARA ASSISTANTU.S. ATTORNEY Dated: JEFFREYEPSTEIN Dated: GERALD LETICOURT,ESQ. COUNSEL TOMOREYEPSTEIN Datc,d9—AII-69— ESQ. ATTORNEY FOR . JEFF REY BPSTBZN Page 7 of 7 EFTA00724335 EN ItEr INVESTIGATION of JEFFREY YYSTEIN Anmammtrro TAE NON-ritoszaratin AGKEEKRTE IT APPEARING that the parties sale to clarify certain provisions of page 4, paragraph 7 of the Non-Prosteution Agreement (beteirtaffeerseramaph 71, that agreement is modified as follows: 7A. TheUnited States has Melted to assign to an independent third-party the responsibility for consulting with anktmbject to the good faith approval of Epsttin's counsel, sc./toting the attorney representative for the badivIdasals identified andtribe Agreement. If tic United States elects to assign this responsibility to an Indtpendent third-patty, both the United States and Epstein retain the right to mate good Bah objections to the attorney representative suggested by the independent third-party prior to the final designation of the attorney representative. 713. The parties will jointly prepare a short written rabmission to the independent third-party regarding the role otthe attorney representative and regarding Epstein's Agreement to pay such attorney representative his or her regular customary hourly rate for representing sods victims sake* to the provisions of paragraph C, infra. 7C. Pursuant to additional pangrania7A,Epsein has agreed to pay the fetes of the attorney rqflestatative selected by the independent third party. This provision, 'smolt, shall not obligate Epstein to pay the fees and eats of attested litigation filed against bin Thus, ifafter consideration of potentialsenleaserts, an attnany representative elect to file a contested !swath pursuantto It U.S.C. s 2255 or elects to pins-ao any Other contested remedy, the paragraph 7 obligation of the Agreement to pay the coats of tbe attorney representative, es opposed to any statutory or other obligations to pay reasonable attorneys fees and costs such as those contained ins 2255 to bear the costs of the attorney representative, shall cease. EFTA00724336  above has been mad and By signimtliis Addinagml, 'Epstein asserts and certifies that the ations to the Noll- states that he unders tands the clarific etplairred tA. fait- .gpsteln. heal* Prosecatiorrageetnentiota 51UbtS tic.comply with them_ Auxbuncosv, wzrosTATtis Arrafthn ty'f f ichAtie t-sA--- M&tck tided: ni; l its7 By: IQ A. MARIE nurAnk ASSISTANT U.S. ATTORNEY Dated: GERALD LEECOVICI, ESQ. COUNSrsL TO lEFE103YEPSTEttsi Dated: . 1.37.2X ANN RANCEIE4 ESQ- AITORITEY POR JEFFREY BISTICEN EFTA00724337  the above has been rend and By signing this Addendum, Epstein assarts and certifies that mds the clarifications to the Non- explained to him. Epstein hereby states that be undersh Protecudon Agreentut and agrees to cowp)y with them. IL ALEXANDER AQOSTA UNTIED STATES ATTORNEY 2.16 /1041 121intl Dated: /D40/D7 By: 4 A. YIY" MARIE WOG LAFANA ASSISTANT U.S. ATTORNEY Dated: Dated: LILLYANN SANaE3Z, ESQ. ATTORNEY FOR JEFFREY EPSTEIN EFTA00724338 it By signing this Addendum, Epstein asserts and catiZes Unit the above les boat read and explained to bins. Einstein hereby states that be node:islands the clarifications to the Non- Proscoutioa Agreement and agrees to comply with them. R. ALEXANDER ACOSTA UNTIED STATES ATTORNEY De& /0 Dieke7. • Br MARIE ARA ASS/STANT US. ATTORNEY Dated: MERRY EPSTEIN Dated: GERALD LEPCOORT, ESQ. COUNSEL TO JEFFREY ERMAN Dated: LILLY (MEZ. ES • ATTORNEY FOR JEFFREY EPSTEIN EFTA00724339