DOJ-OGR-00003368.pdf

--- Page 1 --- The extracted text is as follows: **Header:** * Case 1:20-cr-00330-PAE * Document 204-3 * Filed 04/16/21 * Page 192 of 348 **Main Text:** entitled to significant weight, and OPR credits them. OPR finds, therefore, that the emails in question do not themselves establish that Villafaña (or any other subject) acted to improperly benefit Epstein, was motivated by favoritism or other improper influences, or sought to silence victims. O. The Evidence Does Not Establish That Acosta, Lourie, or Villafaña Agreed to the NPA's Provision Promising Not to Prosecute "Potential Co-conspirators" in Order to Protect Any of Epstein's Political, Celebrity, or Other Influential Associates OPR examined the decision by the subjects who negotiated the NPA—Villafaña, Lourie, and Acosta—to include in the agreement a provision in which the USAO agreed not to prosecute "any potential co-conspirators of Epstein," in addition to four named individuals, to determine whether that provision resulted from the subjects' improper favoritism towards Epstein or an improper effort to shield from prosecution any of Epstein's known associates. Other than various drafts of the NPA and of a federal plea agreement, OPR found little in the contemporaneous records mentioning the provision and nothing indicating that the subjects discussed or debated it—or even gave it much consideration. Drafts of the NPA and of the federal plea agreement show that the final broad language promising not to prosecute "any potential co-conspirators of Epstein" evolved from a more narrow provision sought by the defense. The provision expanded as Villafaña and defense counsel exchanged drafts of, first, a proposed federal plea agreement and, then, of the NPA, with apparently little analysis and no substantive discussion within the USAO about the provision. As the NPA drafting process concluded, Villafaña circulated to Lourie and another supervisor a draft that contained the non-prosecution provision, telling Lourie it was "some of [defense counsel's] requested language regarding promises not to prosecute other people," and commenting only, "I don't think it hurts us." In a reply email, Lourie responded to another issue As set forth in OPR's factual discussion, early in the negotiations over a federal plea agreement, the defense sought a non-prosecution provision applicable to only four female named assistants of Epstein and to unnamed employees of one of his companies. Villafaña initially countered with "standard language" referring to unnamed "co-conspirators" so as to avoid "highlight[ing]" for the judge all of the other crimes and all of the other persons that we could charge." Nonetheless, drafts of the NPA sent by Lefkowitz after Villafaña's email continued to include language referring to the four named assistants and unnamed employees. Villafaña, however, internally circulated drafts of a federal plea agreement that included language stating, "This agreement resolves the federal criminal liability of the defendant and any co-conspirators in the Southern District of Florida growing out of any criminal conduct by those persons known to the [USAO] as of the date of this plea agreement." The federal plea agreement draft revised by Lourie and Acosta on September 20, 2007, included that language. When the defense team reverted to negotiation of state charges, Villafaña advised them, "In the context of a non-prosecution agreement, the [USAO] may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be specific about not pursuing charges against others." The negotiation may be more willing to be