EFTA01121394.pdf

12/06/07 THU 15:22 FAE 306 530 6460 EXECUTIVE OFFICE I?)002 U.S. Department of Justice United States Attorney Southern District ofFlorida 99 N.E. 4i1Street Miami, FL 33132-2111 (305) 961.9299 Facsimile: (305) 530-6444 December 6, 2007 DELIVERY BY FA_CSIMILE Jay P. Lefkowitz, Esq. Kirkland & Ellis LLP Citigroup Center 153 East 53rd Street New York, New York 10022-4675 Re: Jeffrey Epstein DearJay: I write in response to your recent e-mails and letters regard ing victim notification and other issues. Our Office is trying to perform our contractual obliga tions under the Agreement, which we feel are being frustrated by defense counsel's objections. The Office also is concerned about Mr. Epstein's nonperformance. More than three weeks ago we spoke about the failure to set a timely plea and sentencing date. At that time, you assured me that the scheduling delay was caused by the unavailability of Judge McSorley. You promised that a date would be set promptly. On November 15th, Rolando Garcia met with Bany Krisher on another matter, and was told by Mr. ICrisher that he had just spoken with Jack Goldberger, and that Mr. Epstein's plea and sentencing were set to occur on December 14, 2007. Since that time, we have tried to confirm the date and time of the hearing in order to include that information in the victim notific ation letters. You continue to refer to the plea and sentencing as though it will be in January; Mr. ICrish er's office has not confirmed any date; and Mr. Goldberger recently told Marie Villafaita that "there is no date." 1 must reiterate that a delayed guilty plea and sentencing — now more than two months beyond the original deadline — is unacceptable to the Office. As you will recall, the plea and sentencing hearing originally was to occur in early Octob er 2007, but was delayed until October 26th to allow Mr. Goldberger to attend. It was delayed again until November to allow you to attend. Rather than using your best efforts to insure that the plea and sentencing occur in November, we recently learned that a plea conference had been sched uled with Judge McSorley for November 20, 2007, but was canceled at the request of the parties, not the judge. Judge McSorley has not been away for any extended period, and there is no basis for your assertion that the judge is the cause of EFTA01121394 12/06/07 THU 16:23 FAX 305 630 8440 EXECUTIVE OFFICE lib 003 JAY P.lia-Kownz, ESQ. DECEMBER 6,2007 PACE 2OF4 any past or future delay. Mr. Epstein currently has four Florida Bar members on his defense team, so attorney scheduling is not an adequate basis for delay. Three weeks ago 1also asked you to provide our Office with the terms of the Plea Agreement with the State Attorney's Office. It is now more than two months since the signing of the Non- Prosecution Agreement and we have yet to see any formal agreem ent, or even a list of essential tenns of such an agreement. Next, let me address your allegation that attorneys in our office and agents of the FBI have leaked information to the press in an effort to affect possible civil litigation with Mr. Epstein. This is untrue. There has been no contact between any member of the press and any employee of our office or the FBI since you incorrectly accused investigators of telling "Vanity Fair" about Mr. Stair's employment by Mr. Epstein several months ago. We intend to continue to refrain from commenting or providing information to the press We would ask that your client and all of his representatives do the same. I also want to address your interpretation of several statements that were included in correspondence— at your insistence — as proof that the designated victims have invalid claims. Let me make clear that each of the listed individuals are persons whom the Office identified as victims as defined in Section 2255, that is, as persons "who, while a minor , was a victim of a violation of section . 2422 or 2423 of this title." In other words, the Office is prepared to indict Mr. Epstein based upon Mr. Epstein's "interactions" with these indivi duals.' This conclusion is based upon a thorough and proper investigation — one in which none of the victims was informed of any right to receive damages of any amount prior to the investigation of her claim. The Office agrees that it is not a party to, and will not take a role in, any civil litigation, but the Office can say, without hesitation, that the evidence demonstrates that each person on the list was a victim of Mr. Epstein's criminal behavior. Mr. Starr's letter also suggests that the number of victims to whom Mr. Epstein is exposed by the Agreement is limitless. As you know , early drafts of the Agreement contained a numerical limit of 40 victims, which was removed at your request. The Office repeatedly confirmed that the number would not exceed 40; and the list is signif icantly shorter than that. Once the list is provided to you, if you have a good faith basis for asserting that a victim never met Mr. Epstein, we remain willing to listen and to modify the list if you convi nce us of your position. Finally, let me address your objections to the draft Victim Notification Letter. You writc that you don't understand the basis for the Office's belief that it is appropriate to notify the victims. Pursuant to the "Justice for All Act of 2004," crime victim s arc entitled to: "The right to reasonable, accurate, and time!), notice of any public court proce eding . . . involving the crime" and the "right 'Unlike the State's investigation, the federal investigatio n shows criminal conduct by Mr. Epstein at least as early as 2001, so all of the victim s were minors at the time of the offense. EFTA01121395 12/06/07 TIM 15:23 FAX 305 530 6440 EXECUTIVE OFFICE JAY P.LEEKOVVrtt,ESQ. DECEMBER 6, 2007 PAGE 3 of 4 not to be excluded from any such public court proceeding . . ." 18 U.S.C. § 3771(a)(2) & (3). Section 3771 also commands that "employees of the Depar tment of Justice . . . engaged in the detection, investigation, or prosecution of crime shall make their best efforts to see that crime victims are notified of, and accorded, the rights described in subsection (a)." 18 U.S.C. § 3771(c)(1). Additionally, pursuant to the Victims' Rights and Restitution Act of 1990, our Office is obligated to "inform a victim of any restitution or other relief to which the victim may be entitled under this or any other law and [the] manner in which such relief may be obtained." 42 U.S.C. § 10607(cX1)(B). With respect to notification of the other information that we propose to disclose, the statute requires that we provide a victim with the earliest possible notice of: the status of the investigation; the filing of charges against a suspected offender; and the acceptance of a plea. 42 U.S.C. § 10607(c)(3). Just as in 18 U.S.C. § 3771, these sections are not limited to proceedings in a federal district court. Our Non-Prosecution Agreement resolves the federal investigation by allowing Mr. Epstein to plead to a state offense. The victim identi s fied through the federal investigation should be appropriately informed, and our Non-P rosecution Agreement does not require the U.S. Attorney's Office to forego its legal obligations. With respect to your assertion that we arc seeking to "federalize " the state plea, our office is simply informing the victims of their rights. It does not comm and them to appear at the hearing or to file a victim impact statement. In fact, the letter recom mends the sending of any statement to the State Attorney's Office so that ASA Beloblavek can determine which, if any, statements are appropriate to file with the Court. Next, you assert that our letter mischaractcrizes Mr. Epste in's obligation to pay damages to the victims. To avoid that suggestion, I have asked AUSA Villafafia to simply quote the terms of the Agreement directly into the Notification Letter. We also have no objection to referring to Mr. Epstein as a "sexual offender" rather than a "predator." We have no objection to using the conjunction "and/or" in referring to the particular offense(s) of which the recipient was a victim. We will not include the language that we take no position as to the validity of any claims. While the Office has no intention to take any position in any civil litigation arising between Mr. Epstein and any individual victim, as stated above, the Office believes that it has proof beyond a reasonable doubt that each listed individual was a victim of Mr. Epstein's criminal conduct while the victim was a minor. The law requires us to treat all victims "with fairness and with respect for the victim's dignity and privacy." 18 U.S.C. § 377I(a)(8). We will not include any language that demeans the harm they may have suffered. The letter's assertions regarding representation by the Podhurst firm and Mr. Josefsberg are accurate. Judge Davis conferred with Messrs. Podhu rst and Josefsberg to insure their willingness to undertake this assignment prior to finalizing his select ion. EFTA01121396 12/06/07 THU 15:23 FAX 305 530 6440 EXECUTIVE OFFICE Z005 JAY P. LEFKOWT12,ESQ. DECEMBER 6,2007 PAOE4 or 4 Lastly, you object to personal communication between the victims and federal attorneys or agents. We have no objection to sending the letters throug h the mail2 but we will not remove the language about contacting AUSA Villafaila or Special Agent Kuyrkendall with questions or concerns. Again, federal law requires that victims have the "reasonable right to confcr with the attorney for the Government in this case." 18 U.S.C. § 3771( a)(5). The three victims who were notified prior to your objection had questions directed to Mr. Epstein's punishment, not the civil litigation. Those questions are appropriately directed to law enforc ement. If questions arise related to the civil litigation, AUSA Villafafia and Special Agent ICuyr kendall will recommend that the victims direct those questions to Mr. Josefsberg. I have attached a revised letter incorporating the changes on which we can agree. Please provide any further comments by the close of business on Friday . In addition, please provide us with a definitive statement, signed by your client, of his intention to abide by each and every teen of the Agreement by close of business on Friday, December 7, 2007. By that time, you must also provide us with the agreement(s) with the State Attorney's Office and a date and time certain for the plea and sentencing, which must occur no later than December 14, 2007. There must be closure in this matter. Sincerely, R. Alexander Acosta United States A orney By: Jeffrey H. Sloman v. First Assistant United States Attorney Enclosure cc: IL Alexander Acosta, U.S. Attorney AUSA A. Marie Villafaha This is contingent, however, on being able to provide adequ plea and sentencing. The sooner that you schedule ate notice of the change of that hearing with Judge McSorley, the sooner we can dispatch these letters. If you delay further, we will have to rely on telephone or personal notification. EFTA01121397 12/06/07 THU 15:24 FAX 305 530 6440 EXECUTIVE OFFICE g1006 U.S.Department of Justice United States Attorney Southern District of Florida SOO South Australian Ave., Suite 400 West Palm Beach, FL 33401 (561) 820-8711 Facsimile: (561) 820-8777 December 6, 2007 DELIVERY BY UNITED STATES MA IL Miss Re: Crime Victims' Rights — Notification of Resolution of Epstein hives ;gation Dear Miss Several months ago, I provided you with a letter notifying you of your rights as a victim pursuant to the Justice for All Act of 2004 and other federal legislation, includin g: (1) The right to be reasonably protected from the accused. (2) The right to reasonable, accurate, and timely notice of any public court proceeding involving the crime or of any release or escape of the accused. (3) The right not to be excluded from any pub lic court proceeding, unless the court determines that your testimony may be mat erially altered if you are present for other portions of a proceeding. (4) The right to be reasonably heard at any public proceeding in the district court involving release, plea, or sentencing. (5) The reasonable right to confer with the attorney for the United States in the case. (6) The right to full and timely restitution as provided in law. (7) The right to proceedings free from unreason able delay. (8) The right to be treated with fairness and with respect for the victim's dignity and privacy. I am writing to inform you that the fede ral investigation of Jeffrey Epstein has bee completed, and that Mr. Epstein and the U.S n . Attorney's Office have reached an agre containing the following terms. ement EFTA01121398 12/08/07 THU 15:24 FAX 305 530 6440 EXECUTIVE OFFICE Q)007 MISS NOVEMBER 29.2007 PACE 2 First, Mr. Epstein agrees that he will plea d guilty to two state offenses, including the offense of soliciting minors to engage in pros titution, which will require him to regi a sexual offender for the remainder of his life. ster as Second, Mr. Epstein has agreed to make a binding recommendation of 18 months' imprisonment to the state court judge who sentences him. Mr. Epstein will serve sentence of imprisonment at the Palm Beach that County Jail. Third, Mr. Epstein has agreed that he will com pensate you for damages you have suffered, under the following circumstances. That portion of the agreement that relates those claims reads as follows: to 7. The United States shall provide Epstein's attorneys with a list of individuals whom it has identified as vict ims, as defined in 18 U.S.C. § 2255, after Epstein has signed this agre ement and been sentenced. Upon the execution ofthis agreement, the Uni ted States, in consultation with and subject to the good faith approva l of Epstein's counsel, shall select an attorney representative for these pers ons, who shall be paid for by Epstein. Epstein's counsel may con tact the identified individuals through that representative. 8. If any of the individuals referred to in paragraph (7), supra, elects to file suit pursuant to 18 U.S.C. § 2255, Epstein will not contest the jurisdiction of the United States District Court for the Southern District of Florida over his person and/or the sub ject matter, and Epstein waives his right to contest liability and also wai ves his right to contest damages up to an amount as agreed to betw een 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 for damages, whether pursuant to state, federal, or common law. Notwithstanding this waiver, as to thos e individuals whose names appear on the list provided by the United States, Epstein's signature on this agreement, his waivers and failures to contest liability and such damages in any suit are not to be con strued 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 liab ility or a waiver of any jurisdictional EFTA01121399 12/06/07 THU 15:24 FAX 305 530 6440 EXECUTIVE OFFICE R1008 MISS NOVEMBER 29, 2007 PAGE 3 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 proc eed exclusively under 18 U.S.C. § 2255, as set forth in paragraph (8), sup ra, neither Epstein's signature on this agreement, nor its terms, nor any resulting waivers or settlements by Epstein are to be construed as adm issions 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. Pursuant to the terms of the agreement and an addendum, to assist you in making such a claim, the U.S. Attorney's Office has asked an independent Special Master to attorneys to represent you. Those atto select rneys are Aaron Podhurst and Robert Josefsberg with the law firm of Podhurst ("Bob") Orseck, P.A. They can be reached at (30 2800. 1 anticipate that someone from their law 5) 358- firm will be contacting you shortly. j mus also advise youthat_you arc not obligated t to use these attorneys. In fact, you have the absolute right to select your own afforney —so you can decide not_to speak with Mes Podhurst/Josefsberg at all. or you can spea srs, k with them and decide at any time to use different attorney. If you do decide to seek a damages from Mr. Epstein and you dec Messrs. Podhurst/Joscfsberg as your atto ide to use rneys, Mr. Epstein will be responsible for attorney's fees incurred during the time spen paying t trying to negotiate a settlement. If you unable to reach a settlement with Mr. Eps arc tein, you and Mr. Josefsberg can discuss to proceed. how best As I mentioned above, as part of the resolution of the federal investigation, Epstein has agreed to plead guilty to state Mr. charges. Mr. Epstein's change of plea sentencing will occur on December and 14, 2007, at a.m., before Judge Sandra K. McSorley, in Courtroom 11F at the Palm Beach County Courthouse, 205 North Highway, West Palm Beach, Florida Dixie . Pursuant to Florida Statutes Section and 921.143(1), you are entitled to be s 960.001(1)(k) present and to make a statement under choose, you can submit a written stateme oath. If you nt under oath, which may be filed by Attorney's Office on your behalf. If the State you elect to prepare a written stateme address the following: nt, it should the facts of the case and the exte nt of any harm, including social, psychological, or physical harm, financia l losses, loss of earnings directly or indirectly resulting from the crime for whi ch the defendant is being sentenced, EFTA01121400 12/06/07 THU 15:25 PAZ 505 530 8440 EXECUTIVE OFFICE 0009 MISS NOVEMBER 29,2007 PAGE4 and any matter relevant to an appropriate disposition and sente nce. FL Stat. 921.143(2). You also are entitled to notification when Mr. Epstein is released from imprisonment at the end of his prison term and/or if he is allowed to partic ipate in a work release program. To receive such notification, please provide the State Attorney's Office with the following information: 1. Your name 2. Your address 3. Your home, work, and/or cell phone numbers 4. Your e-mail address 5. A notation of whether you would like to participate in the "VINE system," which provides automated notification calls any time an inmate move is d. (To use this system, your calls must go to you directly, not through a switchboard.) Thank you for all of your help during the course of the inves tigation. If you have any questions or concerns, please do not hesitate to contact me or Special Agent Nesbitt Kuyrkendall at (561) 822-5946. Sincerely, R. Alexander Acosta United States Attorney By: A. Marie Villafaha Assistant United States Attorney cc: Special Agent Nesbitt Kuyrkendall, F.B.I. Ms. Clearetha Wright, Victim-Witness Coordinator, U.S. Attor ney's Office EFTA01121401