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Mega Edition: The DOJ And Their Long Running Conversation With Epstein's Lawyers (6/28/26) · The Vault: The Epstein Files

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Speaker 1: What's up, everyone, and welcome to another episode of the
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Epstein Chronicles. In this episode, we're going to dig into
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the files a little bit and we're going to check
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out the correspondence between the Florida Prosecutor's Office, the Southern
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District of Florida, their internal emails, and the emails sent
0:19
to Jeffrey Epstein's legal team. So why don't we dive in.
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The first email was sent by Marie Villafauna and it
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was sent on Tuesday, July thirty first, two thousand and seven,
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at one thirty seven pm. And it was sent to
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Jeff Sloman, Matthew Mitchell, Andrew Lowry. And it has to
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do with conference plea negotiations. Now the email, Hi, y'all,
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I fix some typos. Here's the final We'll be headed
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upstairs in a minute. The message is ready to be
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sent with the following file or link attachment. And then
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here is the confidential plea negotiations. The terms of Epstein's
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non prosecution agree. Epstein pleads guilty not no lo contendre
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here to an information filed by the Palm Beach County
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State Attorney's Office charging him with a leude and lascivious
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battery on a child in violation of Florida Statute eight
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hundred Dot zero four to four B solicitation of miners
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to engage in prostitution in violation of Florida Statute seven
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nine six Dodd zero three, and c engaging in sexual
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activity with miners at least sixteen years of age in
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violation of Florida Statute seven ninety four Dodd zero five.
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Epstein in the State Attorney's Office make a joint binding
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recommendation that Epstein serve at least two years in prison
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without any opportunity for withholding adjudication or sentencing, and without
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probation or a community control in lieu of imprisonment. Epstein
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agrees to waive all challenges to the information filed by
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the state and the right to appeal. Epstein agrees that
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if any of the victims identify in the Federal investigation
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filesuit pursuant to US Code eighteen, Section twenty two fifty five,
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Epstein will not contest the jurisdiction of the U. S
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District Court for the Southern District of Florida over his
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person and the subject matter. Epstein will not contest that
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the identified victims or persons who, while miners, were victims
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of violations of Title eighteen US Code, Section twenty four
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to twenty two and twenty four to twenty three, and
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who suffered personal injury as a result of such violations.
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After Epstein enters his state court plea and dissentants, the
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FBI in the US Attorney's Office will close their investigations.
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This agreement only applies to the victims already identified and
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the crimes currently under investigation. If additional victims or crimes
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are discovered, for example, if child pornography is found on
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the computers that are the subject of emotion to quash,
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the FBI and the United States are free to investigate
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and prosecute those crimes. And can somebody please refresh my
3:02
memory on what Pam Bondi and Todd Blanche said they
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found on Epstein's computers. Oh that's right, CP. So you
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know this whole entire non prosecution agreement we're talking about,
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it's null and void. And again it's not me just
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telling you that. Here are the receipts. This offer will
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remain open only until four pm Friday, August tenth, two
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thousand and seven. If accepted, Epstein must enter his state
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guilty plea not later than August thirty first, two thousand
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and seven. All right, moving on to the next email.
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This one was sent August second, two thousand and seven,
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at eight fifty five. Hi, Matt, Thanks. I think I
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figured out a way to do a federal plea with
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a two and a half year cap. It's a little funky,
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but it matches the facts. Next email, Marie Villa Fauna,
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August third, two thousand and seven to Matthew Menchell, to
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Andrew Lowry and Jeff Slowman and cced Karen Atkinson. Hiall,
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I just noticed one typo in the letter, second paragraph,
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second to last line with respect to setting the deadline
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for the response. Here's the timing that I would like
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to suggest. If they're going to accept the deal, we
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would need to know by August fifteenth. Since they're likely
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to ask for an extension, we might want to give
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them a soft deadline of the tenth, so we can
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give an extension until the fifteenth. Assuming the deal is
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not accepted, The agents and I will go to New
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York on August twentieth through twenty first to try and
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serve target letters. On two assistants. The third is already represented,
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and to do two or three witness interviews. The target
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letters would invite targets to appear before the grand jury
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on August twenty eighth, and we will plan to indict
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on September fourth. This schedule should also give us enough
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time to resolve the computer issues with Judge Merra. Let
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me know what you think. Thanks. The next correspondence we
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have here is from August second, two thousand and seven,
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and it was sent by the office of Fowler, White
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and Burnett on behalf of Jeffrey Epstein. Dear Matt, as
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we discussed today in Tuesday's meeting, and consistent with our
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view that no federal prosecution should lie in this matter,
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mister Epstein is prepared to resolve this matter via state Forum.
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We're in receipt of your memo regarding same, and as
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the dynamics of the meeting did not allow for us
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to fully detail our proposal, we do so now. We
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believe that our respective positions are not very far apart,
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and that a mutually agreeable resolution can be reached that
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will accomplish the interests of the United States Attorney's Office
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as well as the community We welcomed your recognition that
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a state prison sentence is neither appropriate for nor acceptable
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to mister Epstein, as the dangers of the state prison
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system pose risks that are clearly untenable. We acknowledge that
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your suggestion of a plea to two federal misdemeanors was
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an attempt to resolve this dilemma. Our proposal is significantly punitive,
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and if implemented, would, we believe, leave little doubt that
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the federal interest was demonstrably vindicated. The Florida state judicial system,
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unlike the federal system, provides for numerous types of onerous sanctions.
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After a defendant is remanded to the custody of the state,
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the sentence is tailored to the needs of the local
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community and the risk posed by the specific defendant. After
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a great deal of thought, our proposal consists of both
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a severe supervised custody with an assurance that any violation
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would result in the immediate implementation of the two year
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period of incarceration. We must keep in mind that Jeffrey
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Epstein's a fifty four year old man who has never
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been arrested before. He's lived an otherwise exemplary life characterized
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by both many charitable contributions and philanthropic acts. His reputation
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has suffered significantly as a result of his poor judgment
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in these matters. He's well aware of the ramifications of
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his past behavior, and accordingly there is no concern whatsoever
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that he will re offend. And what I take from
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that one imagine Menchel getting involved here to try to
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make it a misdemeanor. And you'll notice throughout these emails
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as we're going through them, they're trying to help Epstein
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the whole entire time. None of it's centered on the survivors,
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none of it. The following proposal is offered as an
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assurance to the community that the goals of appropriate punishment
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and rehabilitation are attained. We will agree to a sentence
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of two years in a state prison pursuant of Florida
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Statute nine forty eight dot zero one two two, which
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permits a split sentence, whereby mister Apstein will be sentenced
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to a term of supervised custody followed by a period
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of incarceration. Supervised custody in the state system includes potential
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daily surveillance administered by officers with restricted caseloads. Supervised custy
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is an individualized program in which the freedom of mister
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Epstein is limited to the confines of his residents, with
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specific sanctions imposed and enforced see Florida Statute nine forty
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eight dot zero zero one two. Should mister Epstein successfully
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complete the terms and conditions of his custody, the judge
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will eliminate the incarcerative portion of the sentence. If mister Epstein, however,
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fails to comply with the conditions of his supervised custody,
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the period of incarceration will be immediately implemented. We therefore
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propose the following two years supervised custody with the following
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mandatory and special conditions. Confinement the home. Report to a
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community control officer at least once a week, or more
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often as directed by the officer. Permit a community control
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officer to visit him unannounced at home at any time
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a day or night. Obtain psychological counseling, no unsupervised contact
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with all the victims in the instant case. Perform community service.
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Payment of restitution application of US Code eighteen, Section twenty
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two fifty five. Payment of a contribution of a defined
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amount to a charitable organization benefiting victims of sexual assault,
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payment of court and probationary services, payment of law enforcement
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investigative costs, submit to random drug testing, Refrain from associating
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with persons engaged in criminal activities. Refrain from committing any
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new law offenses. Any other specific conditions at the office
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may deem necessary to additional years of reporting probation mandatory
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conditions as provided in Florida Statute nine forty eight dot
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three special conditions as stated above in the terms of
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supervised custody and probation are successfully completed, than the two
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years of state prison is eliminated. The proposal provides for
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the two year imposition of the state prison sentence if
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any violation of the supervised custody or probation occurs. Accordingly,
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the office position that mister Epstein agree to a resolution
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that includes jail time is satisfied by this proposal, It
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would immediately bring closure to a matter that has been
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pending for over two years, allows mister Epstein took commence
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with his sentence, and most significantly, allows the victims to
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move forward with their lives. Where in the process of
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scheduling a meeting with Alexander Acosta, US attorney to further
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discuss this matter. Alexander Acosta, Gerald Lefcourt, Roy Black were
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all see seed on this and it was signed by
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Lily Sanchez. Next email was sent by Lily Sanchez on
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August two, two thousand and seven, to Matt Menchell and
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Jacqueline Burrero was c seed message Matt, please see it,
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time attached and confirm receipt. I'm also having letter hand
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delivered to you and Alex regards. Next email from Marie
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Vila Fauna and this email was sent on August second,
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two thousand and seven. It was sent to Matthew Menchell,
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Jeff Slowman, and Andrew Lowry. The message do you want
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to do a conference call? And as a meeting with
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Alex been set up? Thanks The reply from Matt Mentchell
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to Marie Villa Fauna, Jeff Slowman, and Andrew Lowry. Yes,
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I think we should. Alex has to leave early, but
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is available by phone. Response by Marie Vilafauna to all
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the same interested parties on free any time before five
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point thirty should Andy and I call from his office?
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All right, folks, we're gonna wrap up this episode right
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here and in the next episode dealing with the topic,
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we're gonna pick up where we left off. All the
11:52
information that goes with this episode can be found in
11:55
the description box. What's up, everyone, and welcome to another
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episode of the Epstein Chronicles. In this episode, we're going
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to pick up where we left off with the emails
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that were sent by the Southern District of Florida's Prosecutor's
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office to each other and to Epstein's lawyers as they
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were trying to hammer out the plea deal. Message from
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Matthew Menchell to Marievill La Fauna, August first, two thousand
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and seven, just letting you know that we didn't receive
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anything from the defense today. Lily Sanchez called late in
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the afternoon to say it'll be coming tomorrow. Response to
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that message by Marivia Lafauna, Hi, Matt, Thanks, I think
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I just figured out a way to do a federal
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plea with a two and a half year cap. It's
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a little funky, but it matches the facts. Next correspondence
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is a letter sent by Marievi La Fauna to Lily Sanchez,
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who's one of Epstein's attorneys. This letter was sent on
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August third, two thousand and seven. Dear Lily, thank you
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for your letter. Of August two regarding your proposal on
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how to resolve the Epstein matter. As we explained at
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our meeting on July thirty one, two thousand and seven,
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the Office believes that the federal interest will not be
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vindicated in the absence of a two year term of
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state imprisonment for mister Epstein. That offer was not meant
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as a starting point for negotiations. It's the minimum term
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of imprisonment that will obviate the need for federal prosecution.
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The Office has never agreed that a state prison sentence
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is not appropriate for mister Epstein. Rather, we simply stated
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that if mister Epstein preferred to serve as sentence in
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a federal penitentiary, we would be willing to explore a
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federal conviction that may allow that in lieu of any
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state resolution. Further, as they made clear in our follow
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up telephone conversation after the meeting, a plea to two
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federal misdemeanors was never extended or meant as an offer.
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We also would reiterate that the agreement to Section twenty
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two to fifty five liability applies to all of the
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minor girls identify during the federal investigation not just the
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twelve that form the basis of an initial plan charging instrument.
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As you know, the ability to engage in flexible plea
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negotiations is dramatically changed on the return of an indictment.
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Once an indictment is returned, the office does not intend
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to file a superseding information containing a lesser charge or
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to dismiss the case in favor of state prosecution. Please
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let us know your client's decision by no later than
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August seventeenth. I've conferred with US Attorney Acosta, who has
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asked me to communicate that the two year term of
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incarceration is a non negotiable minimum to vindicate a federal
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interest and at this time he's not inclined to meet
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with counsel for mister Epstein. Sincerely, Alex Acosta. But it
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was signed by Matthew Minchell all right. Moving on to
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the next correspondence. This one was sent by Marievill Lafana
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to Cindy Campos and Frederica Devlin. Hi, Cindy and Freddy,
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I need to check on whether Matt sents something out
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before he left. Jeff doesn't know if it went out,
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and he suggested that I try Matt on his cell.
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I called the cell number on the roster, but it
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seems to be disconnected. Do you have a contact number
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for him? Thanks? Next correspondence by marievi Lafuna to Jeff Slowman,
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and this was on August sixth, two thousand and seven. Hi, Jeff,
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sorry to bother you when you're away. Do you know
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if the letter to Lily went out on Friday? Thanks?
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The next correspondence we have is Alex Acosta sending an
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email to Jeff Slowman, and this was sent on August seventh,
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two thousand and seven. Just try to call yoursel. No
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need to call back. I would really appreciate if you
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could loop him and Marie in as appropriate. I'll have
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Cindy set up a meeting. Sorry again to bother you,
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but everyone seems to be out this weekend. Next message
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was from Andrew from Jeff Sloman, excuse me to Andrew
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Osterbon with Marievilla Fauna, c Seed, Marie and Drew. The
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chain of emails is self explanatory. Next email sent by
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Marie Villa Fauna on Tuesday, August seventh, two thousand and seven.
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FYI ps Matt's letter gave them a deadline of August seventeenth.
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Next correspondence was August seventh, two thousand and seven, and
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it was sent from Alex Acosta to Jeff Sloman. Jeff,
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apologies for the email in the middle of your vacation
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with Matt Gohn and Andy out. I'm not sure who
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is speaking with CEOs on the Epstein matter. His attorney
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want to go to DC on the case on the
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grounds of process, fel ie that I have not met
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with him. Concerned that this will delay matters, I'm thinking
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of heading this off by one agreeing to meet to
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discuss general legal policy only the only matter in which
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DC has arguable jurisdiction, while asking or while making it
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clear that we are not talking about the details of
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the case, and two asking the Drew Osterbon to participate
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by teleconference, thereby intercepting the DC meeting thoughts. Next correspondence
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is from Marievillafauna August seventh, two thousand and seven. This
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one's to Andrew Osterbon. Hi, Drew, I don't know how
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much Jeff and Andy have been keeping you in the loop,
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so let me know if you need any info or
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if you just want to talk before the meeting. Next
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email was sent by marievill Lafauna on Tuesday, August seventh,
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once again, and this email was sent to Andrew Lorie
17:54
Hi Andy FYI. Apparently the defense is displeased with Matt's
17:58
letter which set a deadline, abates v and said that
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Alex wouldn't meet with them, so they're demanding a meeting
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with CEOs. Alex and Drew are going to try to
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do a conference call with the defense to avoid the
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troop going to DC. Has Drew been kept in the loop?
18:14
Is there anything I should send them? And the agents
18:17
just interviewed another girl who started going when she was fourteen.
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Next correspondence is from Marie Villa Fauna on August eighth,
18:24
two thousand and seven, to Andrew Osterbon Hi, Drew, I've
18:28
attached a plea term sheet and the guidelines calculating that
18:32
was given to mister Epstein's attorneys on July thirty first.
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Lily's letter of August second is sort of in response
18:38
to that. Several months ago, when the prosecution memo was
18:42
first sent to you, you mentioned adding a CEO's attorney
18:45
to the team. We probably should wait until this attempt
18:48
at plea negotiations is finished, but I hope to have
18:51
a few motions responses in the bag before I indict.
18:55
The two that spring to mind most readily are an
18:58
appeal to the district court if he's released on bond,
19:01
and my response to emotion to dismiss the indictment on
19:04
the basis that one or all of the statutes are unconstitutional.
19:09
Maisha Braden and I have spoken about the case a
19:12
few times when I was doing research, and she's been wonderful.
19:16
But if there is someone else that you think would
19:19
be better, I'm all up for the help. Thank you,
19:22
Signed Marie Villa Fauna. Next correspondence from Villa Funa to
19:30
Alex Acosta Cindy Campos with Jeff Slowman, and Andrew Lowry
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and Andrew Osterbond, c Seed, Alex and Cindy. I just
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got off the phone with Drew. He's gone from August
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tenth through August twentieth, and he'll be back in his
19:45
office on August twenty first. He's willing to participate by
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telephone if we want to stay firm on our August
19:53
seventeenth deadline. If the call is going to wait until
19:56
after then. He's also willing to travel to Miami to
19:59
a and the meeting in person, but if we do that,
20:02
we should probably not have the meeting until August twenty third,
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to give Drew some time to recover and catch up
20:09
on his work before he hops on a flight down here.
20:12
The agents and ioware planning to go to New York
20:15
for August twentieth, twenty first twenty second to serve target
20:19
letters on the assistants and to interview some of Epstein's
20:22
colleagues and former employees whom we know were around the girls.
20:28
I would like to still do this trip, but I
20:30
know there was some concern about serving target letters while
20:33
we are trying to negotiate a plea. Can you give
20:36
some guidance? Thank you. Next correspondence from Alex Acosta to
20:41
Marie Villafauna Cindy Campos with Jeff Slowman, Andrew Lowry, and
20:46
Andrew Osterbond c Seed Marie, I'll leave the target letter
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issue to Andy and Jeff. The meeting, Cindy Campos will
20:53
try to schedule it. There are several vacations going on
20:56
next week, so Drew is not the only conflict. If
21:00
Drew can come to Miami, that would be great. If not,
21:03
we can VTC Drew. I appreciate your doing this. The
21:07
meeting is to focus on constitutional and policy issues, only
21:11
you're being part of it. Will I hope intercept an
21:14
eventual appeal to DC. Maybe we can even interest you
21:18
on joining the trial team. Next correspondence from Andrew Osterbond
21:24
to Alex Acosta Marievill Lafauna, Cindy Campos, and Jeff Slowman
21:28
and Andrew Lowry or C. Seed. I'm more than happy
21:31
to help Alex. It doesn't take much of a reason
21:33
to get me on a plane to Miami, and this
21:36
meeting is certainly reason enough. If it's at any day
21:39
after the twentieth, I'll be there. As for joining the
21:41
trial team, I'm even rustier than Slowman and Lowry, but
21:45
if Marie would stand for it, count me in. Thanks
21:48
very much. Next correspondence was from Marievillafauna to Jeffrey Slowman
21:54
on September sixth, two thousand and seven. Hi, Jeff, funny
21:58
you should ask, I've been wondering the same thing. Here's
22:02
the term sheet and the guideline calculation that we provided
22:05
the last meeting. You and Matt and I also discussed
22:09
possible federal plea to an information charging A three seven
22:12
to one conspiracy with a Rule eleven plea with a
22:16
two year cap, but I think Matt must have asked
22:18
Alex about it and it was mixed. Just to be
22:21
prepared for tomorrow, I was just starting to draft a
22:24
Rule eleven plea agreement in case Alex changes his mind,
22:28
and a formal non prosecution agreement containing the state plea terms.
22:32
As soon as those are ready, I will email them
22:34
to you. There are three concerns that I hope we
22:39
can address tomorrow. First, that there is an absolute drop
22:43
dead date for accepting or rejecting, because it's strategically important
22:48
that we indict before the end of September, which means
22:51
presenting the indictment on September twenty fifth. Second, the agents
22:55
and I have not reached out to the victims to
22:57
get their approval, which, as Drew politely reminded me, is
23:01
required under the law. And Third, I do not want
23:04
to make any promises about allowing Epstein to self surrender
23:08
because I still believe that we have a good chance
23:10
of getting them detained. On another note, Junior Ot called
23:16
today from Palm Beach Police because he got information that
23:20
there will be an article released tomorrow about our meeting
23:24
and that Epstein is going to plead to a state charge,
23:27
and the chief wanted to know if the victims had
23:29
been consulted about the deal. There has been some coverage
23:33
in New York press about ken Starr, but I haven't
23:36
seen anything local yet. All right, folks, we're gonna wrap
23:38
this one up right here, and in the next episode
23:41
dealing with the topic, we're gonna pick up where we
23:43
left off. All the information that goes with this episode
23:47
can be found in the description box. What's up, everyone,
23:51
and welcome to another episode of the Epstein Chronicles. In
23:55
this episode, we're gonna dive right back into that email
23:58
chain between Marie Villeonana, the other members of the prosecution team,
24:04
and Jeffrey Epstein's lawyers. And this email chain had to
24:08
do with the first arrest of Jeffrey Epstein down in
24:11
Florida in two thousand and seven. Two thousand and eight.
24:16
Picking up from where we left off, This email was
24:20
from Marievilla Fauna to Jeff Sloman on Tuesday, September fourth,
24:25
two thousand and seven. Hi, Jeff, I just left you
24:28
a voicemail so you can disregard that we had a
24:31
very good meeting with Drew on Friday. No one was
24:34
sure whether you want an FBI presidence at the meeting
24:37
on Friday, and Drew thought that I should ask you.
24:40
Could you let me know and does the meeting with
24:42
Epstein's team started too? Is there a plan for a
24:45
pre meeting meeting with our folks. Thanks. The next email
24:51
in the chain is from Marievilla Fauna to Jeff Slowman
24:55
with John McMillan c seed the email, Hi, Jeff, you
25:01
miss so much fun stuff on Friday. I hope you
25:03
had a good visit with your daughter. I'm running off
25:06
to court, but I'm hoping that we can talk this
25:08
afternoon about the meeting and strategy going forward. Alex asked
25:12
Junior to talk to Nesbit and Jason about the handling
25:15
of the State Court grand Jerry. Junior left a message
25:18
saying that he had done so, and both reported that
25:21
in their opinion, it had been mishandled for a number
25:24
of reasons. I don't think I can forward the message
25:27
to your voicemail, so you may want to call Junior
25:29
directly if you or Alex wants to hear it from
25:32
the horse's mouth. As they say. This is, by the way,
25:36
one of the things that we should talk about this afternoon.
25:40
Next email Marie Villafuna to Jeffrey Slowman and Andrew Larry,
25:47
Jeff and Andy, the agents are asking whether Alex had
25:50
a chance to talk to the essayic D you know.
25:54
Next email sent by Marie Villafauna to Jeff Slowman about
25:58
the plea. Hi, Jeff, if I just talked with Andy.
26:01
I'm sure that he communicated these thoughts, but I wanted
26:04
to mention just a couple of things that I hope
26:06
to talk to you about. There are two things that
26:09
I think might be tricks up the sleeve of the defense. First,
26:12
Lilian had mentioned in our Miami meeting with all the
26:16
defense attorneys at Epstein would be willing to do a
26:19
split sentence of community control followed by jail time, because
26:23
in the state system, if you complete community control without
26:26
a violation, the jail time is converted to a probation
26:30
or more community control. Second, it wasn't clear that Epstein
26:34
would be pleading to a child sex offense that involves
26:37
sex offender registration. Third, I mentioned to Andy that the
26:42
revised indictment references nineteen victims, so fifteen months is less
26:46
than one month per victim. I agree that this is
26:49
a reasonable counteroffer and light of our starting position of
26:53
twenty four months. But this is a really low sentence.
26:56
So whatever the US Attorney decides to do, can we
26:59
please just fin follow with a version of my written
27:01
non prosecution agreement that will allow us to avoid any
27:05
state shenanigans and will keep the defense on a strict timeline.
27:09
Before this counteroffer, I was going to propose that we
27:12
include in our response to Messrs Starr and Lefkowitz one
27:16
page of the draft over at acts Section. I have
27:19
attached the proposed over at acts related to two of
27:22
the girls as an example. Next Team L by Marie
27:26
Villafauna to Jeff Sloman, Alex Acosta, c C. John McMillan,
27:31
Rolando Garcia, Karen Atkinson, and Andrew Lorie. Here is my
27:37
proposed non prosecution agreement. Since Jerry Lefcourt is the attorney
27:41
who contacted Andy with the counteroffer, I have used his
27:44
name as attorney for mister Epstein. If another attorney will
27:48
be in that role, I can change the signature block.
27:51
Please let me know if you have any questions or changes.
27:55
Terms of the agreement. One Epstein shall plead guilty not
27:59
nolo contendre to an information file by the State Attorney's
28:02
Office for the fifteenth Judicial Circuit in and four upon
28:06
Beach County. Here and after the State Attorney's Office charging
28:09
violations of the following Florida statutes. A lewd and lascivious
28:14
battery on a child in violation of Florida Statute eight
28:17
hundred dot zero four, four B solicitational miners to engage
28:22
in prostitution in violation of Florida Statute seven nine to
28:26
six dot zero three, and C engaging in sexual activity
28:30
with miners at least sixteen years of age in violation
28:33
of Florida Statute seven ninety four dot zero five. Two.
28:37
Epstein and the State Attorney's Office shall make a joint
28:40
binding recommendation that the courts impose a thirty month sentence
28:44
to be divided as follows. A. Epstein shall begin by
28:49
serving at least twenty months in prison without any opportunity
28:53
for withholding adjudication or sentencing, and without probation or community control.
28:59
In lieu of in prison, and be following the term
29:02
of imprisonment, Epstein shall serve ten months of community control. Three.
29:07
Epstein shall waive all challenges to the information file by
29:11
the State Attorney's Office, and shall wave the right to
29:14
appeal his conviction and sentence. Four, Epstein shall provide to
29:18
the US Attorney's Office copies of all proposed agreements with
29:22
the State Attorney's Office prior to entering into those agreements.
29:27
Epstein agrees that if any of the victims identified in
29:29
the Federal Investigation File suit pursuant to eighteen US Code
29:34
Section twenty two to fifty five, Epstein will not contest
29:37
the jurisdiction of the U. S District Court for the
29:40
Southern District of Florida over his person and or the
29:43
subject matter. And Epstein will not contest that the identified
29:46
victims are persons who, while miners, were victims of violation
29:50
of Title eighteen United States Code Section twenty four to
29:54
twenty two and twenty four to twenty three six. The
29:59
United States shall provide Epstein's attorneys with a list of
30:02
identified victims which will not exceed forty After Epstein assigned
30:06
this agreement and entered a guilty plea, the United States
30:09
shall make a motion with the U. S. District Court
30:12
for the Southern District of Florida for the appointment of
30:15
a guardian at Lydium for the identified victims, and Epstein's
30:19
council may contact the identified victims through that council. Seven.
30:25
Epstein shall enter his guilty plea and be sentenced not
30:28
later than September twenty eighth, two thousand and seven, and
30:30
shall begin service of his sentence not later than October fifteenth,
30:35
two thousand and seven. Eight. With credit for gain time,
30:39
Epstein will serve at least seventeen months in a state
30:42
correctional institution. Epstein understands that the United States Attorney has
30:47
no authority to require the State of Florida to abide
30:50
by any terms of this agreement. Epstein understands that it's
30:54
his obligation to undertake discussions with the State of Florida
30:57
to ensure compliance with these procedures, which compliance will be
31:01
necessary to satisfy the United States interest pursue into the
31:05
Petite policy. By signing this agreement, Abstein asserts and certifies
31:10
that each of these items is material to this agreement
31:13
and is supported by independent consideration, and that a breach
31:17
of any of these conditions allows the US to elect
31:20
to terminate the agreement and to investigate and prosecute Abstein
31:24
for any and all federal offenses. By signing this agreement,
31:28
Epstein asserts and certifies that he's aware of the fact
31:34
that the sixth Amendment of the Constitution of the United
31:37
States provides that all criminal prosecutions the accused shall enjoy
31:41
the right to a speedy and public trial. Epstein further
31:44
is aware that Rule forty eight B of the Federal
31:47
Rules of Criminal Procedure provides that the court may dismiss
31:50
an indictment, information, or complaint for unnecessary delay in presenting
31:56
a charge to the grand jury, filing an information, or
31:59
in bringing a defendant to trial. Epstein hereby requests that
32:03
the United States Attorney for the Southern District of Florida
32:06
defers such prosecution. Epstein agrees and consents that any delay
32:11
from the date of this agreement to the date of
32:13
initiation of prosecution, as provided for in the terms expressed herein,
32:18
shall be deemed to be necessary delay at his own request,
32:22
and he hereby waives any defense to such prosecution on
32:26
the grounds that such delay operated to deny him rights
32:30
under Rule forty eight B of the Federal Rules of
32:32
Criminal Procedure and the Sixth Amendment of the Constitution of
32:36
the United States to a speedy trial or to bar
32:39
the prosecution by reason of the running of the statutal
32:42
limitations for a period of months equal to the period
32:45
between the signing of the agreement and the breach of
32:49
this agreement. Epstein further asserts and certifies that he understands
32:55
that the Fifth Amendment and Rule seven A of the
32:58
Federal Rules of Criminal Procedure provide that all felonies must
33:02
be charged in an indictment presented to a grand jury.
33:05
All right, Moving on to the next message from Alex
33:09
Acosta to Jeff Sloman. I did a small rewrite shouldn't
33:13
affect things, but wanted to add the original state charges
33:16
in a statement that it would be his job to
33:18
move the state to add the additional charges. Next message
33:23
from Jeff Slowman to Marievilla Fauna. Got your message about
33:26
the hearing. Alex had some suggested changes to the agreement
33:30
that shouldn't affect the deal. Thanks Jeff. Next email was
33:35
sent by Marievi la Fauna to Jeffrey Slowman on September eleventh,
33:39
two thousand and seven. Do you want me to make
33:41
these and re send them to Jerry Lefcourt. Next message
33:45
from Marievi Lafauna to Gerald Lefcourt with Alex Acosta, Jeff
33:50
Slowman and Andrew Lori all c seed. Dear Jerry, I've
33:56
attached to revised version as per mister Acosta's request. The
34:00
operative terms have not changed. If you have any questions,
34:03
please do not hesitate to call. Also please confirm you're
34:06
a seat of this email. Thank you. NEXTDML is from
34:11
Andrew Lourie to Marievilla Fauna on September eleventh, two thousand
34:15
and seven. What is our latest offer? NEXTDML response from
34:21
Marievilla Fauna to Andrew Laurie. Plead to the three specified
34:27
charges a thirty month sentence split twenty in jail and
34:30
ten in community control, and agree that the girls are
34:33
victims for purposes of damages. We also put in deadlines
34:37
for a plea and sentencing date. Next email from Andrew
34:41
Lourie to Marievilla Fauna. Good Barry leaves early for Jewish holidays,
34:45
any chance you can make one thirty response from Villa
34:48
Fauna on September eleventh, two thousand and seven, to Andrew Laurie, Hey, Andy,
34:54
I will try to get back as soon as possible.
34:56
I just don't know how long it'll be or I'll
34:58
be at the hospital. Is it just US three or
35:01
is Jerry Lefcourt also attending? What should I be prepared
35:03
to discuss next? Email from Mariva Lafana to Alex Acosta,
35:10
Jeff Sloman, Rolando Garcia, and Karen Atkinson, and also Andrew
35:17
Lorie hi All. I've not heard back from any of
35:20
mister Epstein's attorneys today about the plea, but I know
35:23
that they're out for the holiday. I'll be out tomorrow.
35:26
So today I finished the indictment package. If we decide
35:29
to go forward, it currently is with Karen Atkinson. I
35:33
then paged through Title eighteen and came up with two possibilities.
35:37
US Code eighteen, Section four oh three is a misdemeanor
35:41
with a one year statutory maximum for violation of the
35:44
privacy rights of a child victim. We would have to
35:47
show an intentional disclosure of documents or information concerning a
35:51
child victim to someone other than a participant in the
35:54
legal proceedings. When the state prosecution first hit the press,
35:58
Epstein's attorneys, especially Black, made statements about the credibility of
36:03
some of the child victims, with specific identifying information, and
36:07
I would base two charges on information disclosed about two
36:10
of the victims. US Code eighteen, Section fifteen twelve D
36:15
is also a misdemeanor with a one year statutory maximum.
36:18
We would have to show that Epstein or someone on
36:20
his behalf intentionally harassed another person to hinder, delay, prevent,
36:25
or disswade that person from reporting to a law enforcement
36:28
officer the commission or a possible commission of a federal offense,
36:33
or to disswade the person from causing a criminal prosecution
36:37
to be sought or instituted. Three girls have mentioned exertions
36:42
of pressure to keep them from reporting the offenses or
36:45
talking to law enforcement. My guess is that he will
36:48
object to these charges because he would have to plead
36:51
to two counts, which would expose them to the potential
36:54
of a twenty four month sentence if he does so.
36:57
I recommend that we consider the rule eleven plea rather
37:00
than try to create violations out of whole cloth. I
37:04
also determine that a defendant who receives a prison sentence
37:07
on a misdemeanor offense is also eligible for a one
37:10
year of supervised release. Another option is a plea too
37:15
forty seven USC. Section two twenty three A one and B,
37:19
which prohibits someone in interstate or foreign communication by means
37:23
of telecommunication device knowingly one initiates transmission of any request, suggestion, proposal,
37:31
or other communication which is obscene knowing that the recipient
37:35
of the communication is under eighteen years of age, regardless
37:39
of whether the maker of such communication placed the call
37:42
or initiated the communication. This is a felony offense with
37:46
a two year minimum statutory maximum. To move things along,
37:51
I've put together an information package assuming a plea to
37:54
two counts of violating Section four three. I will leave
37:57
that information with Karen as well in case we want
38:00
to make any changes tomorrow. Thank you, Marievilafauna. All right,
38:03
we're gonna wrap up this episode right here, and in
38:06
the next episode dealing with the topic, we're going to
38:08
pick up where we left off. All the information that
38:11
goes with this episode can be found in the description box.
38:15
What's up, everyone, and welcome to another episode of the
38:18
Epstein Chronicles. In this episode, we're going to pick up
38:21
with the emails from Marievilla Fauna to the other members
38:25
of the prosecution and to Jeffrey Epstein's legal team. Email
38:34
from Andrew Lori to Marievillafauna on September thirteenth, two thousand
38:39
and seven. He is going to give us an assault
38:42
on the plane or we can do conspiracy. Next email
38:47
from Marievillafauna to Andrew Lorie on September thirteenth, two thousand
38:51
and seven. Hi, Andy, it would still have to be
38:54
conspiracy to commit an assault on a plane. I just
38:56
want to make sure that we have something that is
38:58
factually accurate. Just trying to plan ahead. I just got
39:03
an email from Jay Lefkwitz asking if I'm free to
39:05
talk tomorrow at nine, will you be in Then I
39:08
have to report to the hospital at ten fifteen. Next
39:11
email from Andrew Lourie to Marie Villafuna, sent on September thirteenth,
39:16
two thousand and seven. I have a nine thirty hearing
39:19
in Miami. Villa Fauna responded on September thirteenth, two thousand
39:24
and seven, to Andrew Lourie. All right, I will get
39:27
Rolando and or Jeff to come with me. Next email
39:30
Marie Villa Fauna to Rolando Garcia and Jeff Sloman, Hi, all,
39:36
I just received an email from Jay Lefkwitz, wanting to
39:39
do a call tomorrow morning. Andy will be on the road,
39:42
but will be on the conference call. Does anyone else
39:45
want to join in? Next email from marievilla Fauna on
39:49
September thirteenth, two thousand and seven, to Karen Atkinson and
39:53
Sean Ball, CC John McMillan in case Karen has any
39:57
changes to the indictment package and wants to send it.
39:59
An on to Rolando hear the indictment and prosecution memo.
40:04
Sean has the forms. Next email was sent by Marie
40:08
Villafauna on Friday, September fourteenth, two thousand and seven. This
40:12
email was sent to Jeff Sloman, Alex Acosta, Andrew Lowry,
40:16
Rolando Garcia, ce Seed, Karen Atkinson, John McMillan, and Sean Ball.
40:23
Hi All, Jay and I talked through the main issue,
40:25
which were the charges that Epstein would plead guilty to.
40:29
He put in a pitch for only twelve months. I
40:32
put in a pitch that he plead to twenty four
40:34
with a twenty month recommendation, and we decided that we
40:38
would be stuck with the eighteen months. So he will
40:41
plead to one count of obstructing a witness from reporting
40:44
her crime based upon redacted's call to one of the girls,
40:47
subtly pressuring her not to participate in the investigation, and
40:52
one count of simple assault on an airplane based upon
40:55
an incident where Epstein put great pressure Jay's words on
40:59
Redacted to call the girls to set up appointments. I
41:03
will revise the plea agreement accordingly and draft an information
41:08
for your review. I'll be out for the rest of
41:10
the day, but I'll be accessible over the weekend. I
41:13
will give you all of the electronic files to Karen
41:16
and Sean in case you need to make changes. Jay
41:18
thinks he will have assigned agreement by Monday, and I'm
41:21
hoping that we can convince Judge Mara to use the
41:24
time on Tuesday that he set aside for the hearing
41:26
to take the plea instead. Documents to follow next email
41:31
Marie Villa Fauna to Jeff Slowman, Alex Acosta, Rolando Garcia,
41:36
Andrew Lourie, C Seed, Karen Atkinson, and Sean Ball. Here
41:42
are the proposed plea agreement and information. If any changes
41:45
need to be made, please contact Sean via email. I'll
41:48
be out the rest of the day, but you can
41:50
contact me at phone number given and I will be
41:53
able to access email over the weekend. Next email from
41:57
Marievilla Fauna to Jeff's Slowan Women, Alex Acosta, Andrew Laurie,
42:04
Orlando Garcia and CC to Karen Atkinson, John McMillan, and
42:11
Sean Ball. This email was sent on September fourteenth, two
42:16
thousand and seven. Hi All, Jay and I talked through
42:18
the main issue, which was the charges that Epstein would
42:21
plead guilty to. He put in a pitch for only
42:24
twelve months. I put in a pitch that he plead
42:26
to twenty four with a twenty month recommendation, and we
42:30
decided that we would be stuck with the eighteen months.
42:33
So we will plead to one count of obstructing oh
42:36
witness from reporting of crime, based upon Sarah Kellen's call
42:39
to one of the girls, subtly pressuring her not to
42:42
participate in the investigation, and one count of simple assault
42:46
on an airplane based upon an incident where Epstein put
42:49
great pressure Jay's words on redacted not to call girl
42:53
or to call girls to set up appointments. I will
42:56
revise the plea agreement accordingly and draft an information for
42:59
you review I'll be out the rest of the day,
43:02
but I'll be accessible over the weekend. I'll give all
43:05
the electronic files to Karen and Sean in case you
43:07
need to make changes. Jay thinks we will have assigned
43:10
agreement by Monday, and I'm hoping that we can convince
43:13
Judge Marra to use the time on Tuesday to take
43:17
this hearing instead of the plea instead. Documents to follow.
43:21
Next email was sent by Marie Villa Fauna on September fourteenth,
43:24
two thousand and seven, to Jeff Sloman, Alex Acosta, Rolando Garcia,
43:30
and Andrew Lorie Cee Seed, Karen Atkinson, Sean Ball. Here
43:36
are the proposed please agreement and information. If any changes
43:39
need to be made, please contact Sean via email and
43:43
I'll be out the rest of the day, but I'll
43:45
be able to access my emails over that time. Thank you.
43:50
Next email from Jeff Sloman to Marie Villafana, Alex Acosta,
43:54
Rolando Garcia, and Andrew lorii Cee Seed, Karen Atkinson and
43:59
Sean and he has agreed to help finalize this. I'll
44:03
be out of town beginning tomorrow. Next email from Marie
44:07
Villafana to Rolando Garcia and Andrew Lorie. Hi Rolando. Here's
44:12
the last email that I sent to Jay. Last night.
44:15
Jay talked with his client about it and reports that
44:18
they're leaning towards options one or four. They're going to
44:21
try to make the decision today. There seems to be
44:24
some dissension in the ranks because Jack Goldberger gave some
44:27
incorrect information and draft A proposed either non prosecution agreement
44:32
or a plea agreement. As you can see from my
44:35
list below, there are a number of things in their
44:37
last draft that were unacceptable. All the loopholes that I
44:41
sewed up they tried to open. So Jay is supposed
44:44
to be consulting with Roy Black regarding the correct state
44:48
information and then we'll give me a call. I agreed
44:51
to ask the judge to take the hearing off the
44:53
calendar tomorrow and postpone the grand jury appearances that were
44:57
scheduled from tomorrow, but I told them on certain terms
45:01
that I am indicting on the twenty fifth, So this
45:03
needs to be resolved early this week. Andy and I
45:06
talked about all of this as well. Long answer to
45:09
short question, Sorry, Hi, Jay, this can wait until after
45:13
the show, but my voice is going so I thought
45:15
that I would type it up. I talked to Andy,
45:18
and he still doesn't like the factual basis. In his opinion,
45:21
the plea should only address the crimes that we're addressing,
45:25
and we're not investigating mister Epstein abusing his girlfriend, So
45:29
these are the only options that he recommended. One, we
45:32
go back to the original agreement, where mister Epstein pleads
45:35
only to stay charges and serves his time in the state,
45:38
except that we can agree to eighteen months imprisonment. Two,
45:43
mister Epstein pleads guilty to the state charges and also
45:46
pleads to either two obstruction counts or to one count
45:50
of violating US Code forty seven, Section two twenty three
45:54
A one and B, with a joint non binding recommendation
45:58
of eighteen months, so that mister epps Ebstein can serve
46:00
his time federally. Three my suggestion, only, not Andy's. I
46:05
go back to the US attorney and ask him to
46:07
agree to an aba plea to a three hundred and
46:10
seventy one count conspiracy to violate twenty four to twenty
46:14
two B with a binding twenty month recommendation, so that
46:18
mister Epstein can serve all of his time in a
46:20
federal facility, or four, mister Epstein pleads to one obstruction
46:25
count and serves part of his time federally and part state.
46:30
On your other proposed changes, some are fine and some
46:33
are problematic. Your paragraph two as to timing is my
46:38
understanding that mister Epstein needs to be sentenced in the
46:40
state after he is sentenced in the federal case, but
46:44
that he needs to plead guilty and be sentenced after
46:46
serving his federal time. And he recommended that some of
46:50
the timing issues be addressed only in the state agreement
46:53
so that it is an obvious to the judge that
46:56
we're trying to create federal jurisdiction for prison purposes. My
47:00
understanding is that mister Epstein should sign a state plea agreement,
47:04
plead guilty to the federal offenses, plead guilty to the
47:07
state offenses, be sentenced on the federal offenses, and then
47:11
be sentenced on the state offenses, and then start serving
47:14
the federal sentence. Response your paragraph three as to the
47:19
reservation of mister Epstein's right to withdraw the state plea
47:23
or to appeal to the state plea sentence, that's fine,
47:26
but we need the caveat that if you were to
47:28
do so, the United States could proceed on our charges.
47:33
Response to paragraph six with respect to the waiver of
47:36
the right to appeal the federal sentence. Given the way
47:39
that we have drafted the information, it's possible that getting
47:42
the aighteam on sentence will require an upward departure. The
47:46
version of the agreement that you were working from is
47:50
a federal non prosecution agreement. The ones I have sent
47:54
you recently are plea agreements that are filed with the court.
47:58
Please see if the appeal waiverlength wuhage in those versions
48:01
is all right. Reply to paragraph seven. As I mentioned,
48:04
we will not waive the presentence investigation. I know that
48:09
this will delay mister Epstein's sentencing by seventy days, but
48:12
that will allow him to get all of his affairs
48:14
in order. As to Bill, it will be set at
48:17
the time of the arraignment, and we can work out
48:19
a joint recommendation regarding the amount and its limitations. I
48:23
have no objection to making a joint recommendation that mister
48:26
Epstein remain out on bond pending his sentencing, but I'm
48:30
not sure that it belongs in a plea agreement, especially
48:33
since I can't find the court on that issue. However,
48:37
I can assure you and we can put it in
48:38
the record during the plea colloquy that I will join
48:42
in your recommendation that he remained out on bond pending sentence.
48:46
The same goes for the prison camp issue. As I mentioned,
48:49
I have opposed a designation only once in a very
48:52
particular case. I can assure you that we can put
48:56
it on the record at the plea colloquy that I
48:58
will not oppose your recommend for mister Epstein's designation response
49:03
to paragraph eight. As I mentioned over the telephone, I
49:06
can't bind the girls to the trust agreement, and I
49:09
don't think it's appropriate that a state court would administer
49:11
a trust that seeks to pay for federal civil claims.
49:16
We both want to avoid unscrupulous attorneys and or litigants
49:19
from coming forward, and I know that your client wants
49:22
to keep these matters outside of public court filings. But
49:26
I just don't have the power to do what you ask.
49:28
Here's my recommendation. During the period between mister Epstein's plea
49:32
and sentencing, I make a motion for appointment of the
49:35
Guardian ad Lidium the three of us sit down and
49:38
discuss things, and I will facilitate as much as I
49:41
can getting the girl's approval of this procedure, because, as
49:45
I mentioned, I think it's probably in their best interest.
49:48
In terms of plea agreement language, let me suggest the following.
49:53
The United States agrees to make a motion seeking the
49:57
appointment of a guardian ad lidium to represent the identified victims.
50:02
Following the appointment of such a guardian, the parties agreed
50:05
to work together in good faith to develop a trust agreement,
50:09
subject to the court's approval, that would provide for any
50:12
damages owed to the identified victims pursuing to US Code eighteen,
50:17
Section twenty two to fifty five. Then include the last
50:21
two sentences of your paragraph eight. Response to the two
50:24
paragraphs following your paragraph eight. I will include our standard
50:28
language regarding resolving all criminal liability, and I'll mention co conspirators,
50:33
but I would prefer not the highlight for the judge
50:35
all the other crimes and all the other persons that
50:38
we could charge. Hold on a minute, I have to
50:41
interrupt here. Did you just hear what she said? Here?
50:44
I will mention co conspirators, but I would prefer not
50:47
the highlight for the judge, all of the other crimes
50:50
and all of the other persons that we could charge. Sure,
50:54
just a loane predator, though right, nothing like blowing the
50:58
narrative out of the water. So we do not have
51:01
the power to bind immigration, and we make it policy
51:04
not to try to. However, I can tell you that,
51:07
as far as I know, there is no plan to
51:09
try and proceed on any immigration charges against either miss
51:13
Ross or misredacted they mean Nadia. There also on the
51:18
grand jury subpoenas. I can prepare letters withdrawing them as
51:22
of signing of the plea agreement, but I would prefer
51:25
to take out that language in my eyes. Once we
51:28
have a plea agreement, the grand jury's investigation has ended
51:31
and there can be no more use of the grand
51:33
jury subpoena power. I had hoped that we were far
51:36
closer to resolving this than it appears that we are.
51:39
Can I suggest that tomorrow we either meet live or
51:42
via teleconference, either with your client or having him within
51:46
a quick phone call to hash out the items. I
51:49
was hoping to work only a half day tomorrow to
51:51
save my voice for Tuesday's hearing and grand jury if necessary,
51:55
but maybe we can set a time to meet. If
51:58
you want to meet off campus somewhere, that's fine. I'll
52:00
make sure that I have all the necessary decision makers
52:03
present or on the call as well. If we can
52:06
resolve some of these issues today, let's try to and
52:09
then save only the difficult issues for tomorrow. Sorry for
52:13
the long email and for ruining your date with your daughter.
52:17
This email was sent by Marievillafauna. All Right, folks, a
52:21
lot of process there. So we're gonna wrap this one
52:24
up and in the next episode dealing with the topic,
52:27
we're going to pick up where we left off. All
52:29
the information that goes with this episode can be found
52:33
in the description box. What's up, everyone, and welcome to
52:36
another episode of the Epstein Chronicles. In this episode, we're
52:40
going to pick up right where we left off with
52:43
the Marievillafana emails, with the other prosecutors down in Florida,
52:48
and with Jeffrey Epstein's lawyers as they try to hammer
52:51
out the plea deal. Email sent on September seventeenth, two
52:55
thousand and seven, by Rolando Garcia to Marievilla f Marie,
53:01
where are we in the plea negotiation? The next email
53:04
we have was sent by Marie Villafauna to Alex Acosta,
53:07
Andrew Lorie, Rolando Garcia and CC two Karen Atkinson and
53:13
John McMillan. Hiall, I think that we may be near
53:16
the end of our negotiation with mister Epstein, and not
53:19
because we have reached a resolution. As I mentioned yesterday,
53:23
I spent about twelve hours over the weekend drafting informations,
53:27
changing plea agreements, and writing factual proffers. I was supposed
53:31
to receive a draft agreement from them yesterday, which never arrived.
53:35
At that time, they were leaning towards pleading only to
53:37
state charges and doing all of the time in state custody.
53:42
Late last night I talked to Jay Lefkowitz, who asked
53:44
about Epstein pleading to two twelve month federal charges with
53:49
half of his jail time being spent in home confinement
53:51
pursuant to the guidelines. I told him that I had
53:55
no objection to that approach, but in the interest of
53:57
full disclosure, I did not believe that mister Epstein would
54:00
be eligible because he will not be Zone A or B.
54:04
This morning, Jay called and said that I was correct,
54:07
but if we could get mister Epstein down to fourteen months.
54:11
Then he thought that he'd be eligible. My response have
54:15
him plead to two separate informations. On the first one
54:18
he gets twelve months imprisonment. On the second he gets
54:21
twelve months with six served and home confinement to run consecutively.
54:26
I just received an email asking if mister Epstein could
54:28
do twelve months in prisonment instead. As you can see,
54:32
mister Epstein is having second thoughts about doing jail time.
54:35
I would like to send Jay an email stating that
54:38
if we do not have assigned agreement by tomorrow at five,
54:41
negotiations will end. I've selected tomorrow at five because it
54:45
gives them enough time to really negotiate an agreement if
54:48
they're really serious about it, and if not, it gives
54:51
me one more day before Jewish Holiday to get witnesses
54:55
lined up for Tuesday's grand jury appearance. Then I plan
54:58
to present the indictment, and it gives the office sufficient
55:01
time to review the indictment package. Do you concur next
55:06
email from Marievilla Fauna to Rolando Garcia, Alex Acosta, Andrew
55:11
LORII and Karen Atkinson and John McMillan were c seed. Hi, y'all,
55:18
I just spoke with Jay Leftkwitz. He reports that as
55:20
of now they're leaning back towards pleading only the stay
55:24
charges with a non prosecution agreement. They're doing some legal
55:28
research and talking with the state, and Jay thinks that
55:31
they should have a proposed agreement by late tonight or
55:34
early tomorrow morning. I'm going to send them our last
55:38
version of the non prosecution agreement so that he has
55:41
a template to work from. Jay as my number in
55:43
case I need to go home early and any questions
55:46
come up. As soon as I know something, I'll pass
55:49
it along. Next message was from Alex Acosta to Marie Villafauna,
55:55
Rolando Garcia, and Andrew Lourie with Karen Atkinson and John McMillan,
56:00
c Seed. Please make sure that they know it's only
56:04
a draft and that we still need a proved final
56:07
The form and language may need polishing. Next email from
56:12
Marievilafauna to alex Acosta. Absolutely, there were a lot of
56:16
problems with their last attempt. They tried to reopen all
56:19
the loopholes that I had sewn shut. Next email from
56:22
Jay Lefkowitz to Marievilllafauna. Marie, please look this over and
56:28
see if we can identify any issues that we need
56:31
to discuss in greater detail. Since you can't go to
56:34
only one count of obstruction, but eighteen would become about
56:37
fifteen with gain time. I've made a proposal of a
56:41
total of twenty four month sentence based on to informations.
56:44
This would include a period of home detention. We can
56:48
then follow with an alternative to what we discussed just
56:51
now that might plead to one count of fifteen twelve
56:54
serve twelve months plus supervised release, which would be one
56:57
year of home detention if we can make that work,
57:00
followed by two years of probation in the state on
57:03
the state charges, with the first six months being community control.
57:08
Next email from Marie Villafauna to Andrew Lorie and Rolando
57:13
Garcia with Karen Atkinson c Seed Andy and Rolando. Please
57:19
review below so you understand my frustration. This document is redacted.
57:24
Different from what Jay just told Andy they would agree to.
57:29
He has it written as sixteen months imprisonment followed by
57:32
eight months of federal supervised release. He wants us to
57:35
recommend an improper calculation of the guidelines, and he wants
57:39
to waive the PSI so he can keep all the
57:41
information confidential. I've already told Jay that the PSI language
57:46
and other language in his agreement was unacceptable to our office.
57:50
I'll send back a plea agreement that reads consistent with
57:53
what Jay represented Andy, but I don't believe that this
57:57
will be resolved by Tuesday unless they come down here
58:00
and we have a group contract writing session with the
58:03
State Attorney's Office and the decision makers. Next EML was
58:06
sent by Marievilla Fauna to Andrew Lawry and Rolando Garcia
58:11
with Karen Atkinson c Seed. He also removed any promise
58:16
to plead to a registerrable offense and the promise related
58:20
to the girls damages claims. Next email from Marievilla Fauna
58:25
to j Lefkowitz, Hi, J I was hoping there would
58:28
be things for me to read this morning, but I'll
58:30
try to remain patient. I believe that there are only
58:33
two types of agreements that would apply to this case.
58:36
One a plea agreement to a federal charge or charges,
58:39
and to a non prosecution agreement, which is really a
58:42
deferred prosecution agreement because the defendant agrees that if he
58:46
violates the agreement, the US can prosecute him. A plea
58:50
agreement is part of the court file. It's not accessible
58:53
online via PACER, but someone can go to the clerk's
58:56
office and obtain a copy. A non prosecution agreement would
59:00
not be made public or filed with the court, but
59:04
it would have remained part of the case file. It
59:07
probably would be subject to a Freedom of information access request,
59:11
but is not something that we would distribute without compulsory process.
59:16
On the obstruction charges, many of the facts I included
59:19
in that first proffer were a hypothesized based upon our
59:22
discussions and the agent's observations of Miss Groff. We still
59:27
need the interviewer to confirm the accuracy of those facts.
59:30
And on a second account, we could rely on the
59:33
incident where mister Epstein's private investigators followed Redacted's father, forcing
59:37
them off the road, or if there's something more recent
59:40
related to any Grand Jerry subpoenas, we could consider that.
59:44
Hope this helps Marie Villa Fauna. The next email that
59:47
was sent was sent by Marie Villa Fauna and it
59:50
was sent to Andrew Lourie and c Seed Rolando Garcia.
59:55
I just got their redline version. I'll forward it to you.
59:58
Here are the issues that Rolando though and I specifically
1:00:01
discussed with them and rejected that they have reinserted into
1:00:05
the agreement. One we agreed to recommend that no PSI
1:00:09
be prepared. Two they have converted it into an aba plea,
1:00:14
as though we wouldn't notice. Three they want us to
1:00:17
agree the incorrect calculation of the guidelines. Four. Instead of
1:00:21
agreeing that the girls can sue Epstein, they cannot sue
1:00:24
him and instead are bound to apply to a trust
1:00:26
administered by the state court. Jane and I have addressed
1:00:30
this at least three times, and it keeps appearing in
1:00:33
his versions. Five they change the state charge that he
1:00:37
has to plead guilty to a non registrable offense, and
1:00:40
that he doesn't have to plead to the charge until
1:00:42
after he finished serving his federal sentence. Six they want
1:00:46
us to not oppose the request for a prison camp designation.
1:00:49
Seven They have readded paragraphs seventeen through nineteen, all of
1:00:54
which are addressed by paragraph two. There are other problems too,
1:00:58
but these are the highlights. This is not a good
1:01:00
faith negotiation. Next email sent by Marie Villafanna to Andrew
1:01:05
LORII and Rolando Garcia. We're still waiting for a redline
1:01:10
of the agreement that they seemed happy with yesterday. Barry
1:01:13
and Lana and Epstein's attorneys are coming to our office
1:01:16
on Monday to finalize everything, with the plan of getting
1:01:19
them at least arragned on Monday afternoon. They tried to
1:01:23
drag it into Tuesday, and I said no. Next email
1:01:27
from Andrew Louri to marievilla Fauna, can you send me
1:01:31
a copy of the last thing you sent them? And
1:01:33
this was sent on September nineteenth. Next email by Marie
1:01:39
Villa Funa to Andrew Lourie Fyi. The Palm Beach Post
1:01:44
reported the whole deal in today's paper and claimed to
1:01:47
have a federal source and a spy in Epstein's camp.
1:01:52
Next email from Jay Lefkowitz to Marievilafauna, Good job. A
1:01:58
few thoughts elminate the first sentence of paragraph two. Is
1:02:02
there another way to deal with the issue in paragraph three?
1:02:05
Without this? In the plea agreement? Do we need paragraph ten?
1:02:09
Is in paragraph eleven sufficient without ten? Is it our
1:02:12
place to include paragraph thirteen in this agreement? I think
1:02:16
it belongs in the state agreement, and it looks out
1:02:18
of place here. I think you should include Roy or
1:02:21
another member of the Florida bar on the plea agreement,
1:02:24
so we are not slowed down at the last minute
1:02:27
by pro hawk stuff. The next email we have is
1:02:29
from Marieville Fauna to Andrew Lorie and Rolando Garcia, with
1:02:34
Karen Atkinson as the CC Andy and Rolando. This is
1:02:39
my proposed response below. I know that you can keep
1:02:41
saying he's going to plead, and he will plead if
1:02:44
we cave on everything, but I really don't think that
1:02:46
mister Epstein is going to engage in serious negotiations until
1:02:51
he sees the indictment and shows up in mad Court,
1:02:53
preferably in flip flops in reviewing the indictment package. If
1:02:58
you would like to maintain flexibility for the future, we
1:03:01
could indict mister Epstein just on count one, the conspiracy charge,
1:03:04
and if you won't plead to five years at that time,
1:03:07
supersede with the remaining counts and just go to trial.
1:03:10
But we gave them an initial deadline of early August
1:03:13
with a twenty four month sentence. We are now seven
1:03:16
weeks later and we are just spinning our wheels. Jay.
1:03:20
The same problems that I emailed you about on Sunday
1:03:22
and discussed yesterday with you and Orlando, and that you
1:03:26
discussed with Andy are still here. Paragraphs four, seven, eight, nine,
1:03:30
eleven have specifically been discussed and rejected. Paragraphs seventeen and
1:03:35
nineteen have been addressed in paragraph two and will not
1:03:38
be repeated. You've removed our paragraph four regarding the application
1:03:43
of the Sentencing guideblines and eighteen appeal waiver, both of
1:03:46
which are specifically required by the Offices Appellet Division. You
1:03:51
have replaced mister Epstein's plea to a registrable offense to
1:03:55
one that does not require a registration, and you have
1:03:58
again delayed the plea until after mister Epstein completes his
1:04:02
federal prison sentence. Rolando and I specifically told you that
1:04:06
was unacceptable, and Barry Krisher also informed us that he
1:04:10
will not keep his case open for that period. You
1:04:14
also have inserted that this is a rule eleven C
1:04:17
one C plea which binds the judge, which you know
1:04:20
we have specifically rejected. There are other smaller changes that
1:04:25
the office probably cannot agree to, but the bigger issues
1:04:28
are these. If you or your client insists on these,
1:04:32
there can be no plea agreement. All right, folks, We're
1:04:34
gonna wrap up right here and in the next episode
1:04:36
dealing with the topic, we're gonna pick up where we
1:04:39
left off. All the information that goes with this episode
1:04:42
can be found in the description box. What's up, everyone,
1:04:45
and welcome to another episode of the Epstein Chronicles. In
1:04:50
this episode, we're gonna pick back up with the email
1:04:52
chain with Marie Villafauna and the prosecutors and Jeffrey Epstein's
1:04:57
lawyers from the original process Cution in Florida. This email
1:05:03
was sent by Jay Lefkowitz to Jeff Slowman, and Alex
1:05:08
Acosta was c seed. This email was sent on November
1:05:11
twenty eighth, two thousand and seven. Here, Jeff, I received
1:05:16
your email yesterday and was a little surprised at the
1:05:19
tone of your letter, given the fact that we spoke
1:05:21
last week and I had thought it was a very
1:05:24
productive meeting. I was especially surprised given that your letter
1:05:28
arrived on only the second day back to work after
1:05:31
the Thanksgiving holiday, and yet your demands regarding timing suggest
1:05:36
that I have been sitting on my hands for days.
1:05:39
You should know that the first time I learned about
1:05:41
Judge redacted selection of Pothurst and Josephsberg, and indeed, the
1:05:45
first time I ever heard their names was in our
1:05:48
meeting with you on Wednesday of last week. Nevertheless, I
1:05:52
have now been able to confer with my client, and
1:05:54
we have determined that the selection of Pothurst and Joseph
1:05:57
Berg are acceptable to us. Was serving, of course, our
1:06:01
previously stated objections to the manner in which you have
1:06:04
interpreted the section twenty two to fifty five portion of
1:06:07
the agreement. We do, however, strongly and emphatically object to
1:06:12
your sending a letter to the alleged victims without fair
1:06:15
opportunity to review and the ability to make objections to
1:06:19
this letter. It is completely unacceptable that you would send
1:06:22
it without our consideration. Additionally, given that the US Attorney's
1:06:27
Office has made clear it cannot vouch for the claims
1:06:31
of the victims, it would be incendiary and inappropriate for
1:06:34
your office to send such a letter. Indeed, because it
1:06:38
is a certainty that any such letter would immediately be
1:06:41
leaked to the press, your actions will only have the
1:06:44
effect of injuring mister Epstein and promoting spurious civil litigation
1:06:49
directed Adam. We believe it's entirely unprecedented and in any
1:06:54
event inappropriate for the government to be the instigator of
1:06:57
such lawsuits. Finally, we disagree with your view that you
1:07:02
were required to notify the alleged victims pursue into the
1:07:05
Justice for All Act of two thousand and four, First
1:07:08
US Code eighteen, section twenty two to fifty five. The
1:07:12
relevant statute under the Non Prosecution Agreement for the Settlement
1:07:16
of Civil Remedies does not have any connection to the
1:07:19
Justice for All Act. Section twenty two to fifty five
1:07:23
was enacted as part of a different statute. Second, the
1:07:27
Justice for All Act refers to restitution, and section twenty
1:07:30
two to fifty five is not a restitution statute. It
1:07:34
is a civil remedy. As you know, we had offered
1:07:37
to provide a restitution fund for the alleged victims in
1:07:40
this matter. However, that option was rejected by your office.
1:07:44
Had that option been chosen, we would not object to
1:07:47
your notifying the alleged victims at this point. At this juncture, however,
1:07:52
we do not accept your contention that there is a
1:07:55
requirement that the government notify the alleged victims of a
1:07:58
potential civil remedy in the case. Accordingly, for all the
1:08:02
reasons we have stated above, we respectfully and firmly object
1:08:06
to your sending any letter whatsoever to the alleged victims
1:08:09
in this matter. Furthermore, if a letter is to be
1:08:12
sent to these individuals, we believe we should have a
1:08:15
right to review and make objections to that submission prior
1:08:19
to it being sent to any alleged victim. We also
1:08:23
request that if your office believes that I must send
1:08:26
a letter to go to the alleged victims who still
1:08:30
have not been identified to us, it should happen only
1:08:32
after mister Epstein has entered his plea. This letter should
1:08:36
then come from the Attorney representative and not from the government,
1:08:39
to avoid any bias. As you know, Judge Starr has
1:08:43
requested a meeting with Assistant Attorney General Fisher to address
1:08:47
what we believe is the unprecedented nature of the Section
1:08:51
twenty two to twenty five component of the agreement. We're
1:08:54
hopeful that this meeting will take place as early as
1:08:56
next week. Accordingly, we respectfully request that we postpone our
1:09:01
discussion of sending a letter to the alleged victims until
1:09:04
after that meeting. We strongly believe that rushing to send
1:09:08
any letter out this week is not the wisest manner
1:09:11
in which to proceed, given that mister Epstein will not
1:09:14
enter his plea for another few weeks. Time is clearly
1:09:17
not of the essence for regarding any notification to the
1:09:20
identified individuals. Thanks very much, Jay. The next email was
1:09:26
sent by Jeff Slowman and it was sent to Jay Lefkowitz.
1:09:33
The United States has a statutory obligation Justice for All
1:09:36
Act of two thousand and four to notify the victims
1:09:39
of the anticipated upcoming events and their rights associated with
1:09:43
the agreement entered into by the United States and mister
1:09:47
Epstein in a timely fashion. Tomorrow will make one full
1:09:50
week since you were formally notified of the selection. I
1:09:55
must insist that the vetting process come to an end. Therefore,
1:09:59
unless you provide me with a good faith objection to
1:10:01
judge redacted selection by COB tomorrow November twenty eighth, two
1:10:06
thousand and seven, I will authorize the notification of the victims.
1:10:11
Should you give me the go ahead on Podthurst and
1:10:13
Joseph Berg selection by COB tomorrow, I will simultaneously send
1:10:17
your draft of the letter I intend to notify the
1:10:20
victims by letter after Cob Thursday, November twenty ninth, Thanks Jeff.
1:10:25
Next email from Jeff Slowman to Jay Lefkowitz with alex
1:10:29
Acosta c. Seed. Jay, Please accept my apologies for not
1:10:33
getting back to you sooner, but I was a little
1:10:35
under the weather yesterday. Hope that you enjoyed your Thanksgiving.
1:10:39
Regarding the issue of due diligence concerning Judge redacted selection,
1:10:43
I'd like to make a few observations. First, Guy Lewis
1:10:46
is known for some time that Judge redacted was making
1:10:50
reasonable efforts to secure redacted Podthurst and Bob Joseph Berg
1:10:55
for the assignment. In fact, when I told you of
1:10:58
Judge redacted selection during our meeting last Wednesday, November twenty first,
1:11:02
you and Professor Dershowitz seem very comfortable and certainly not
1:11:06
surprised with the selection. Podthurst and Joseph Berg are no
1:11:10
strangers to nearly the entire Epstein defense team, including Guy Lewis,
1:11:15
Lillianne Sanchez, Roy Black, and apparently Professor Dershowitz, who said
1:11:20
he knew mister Joseph Berg from law school. Second, Podthurst
1:11:24
and Joseph Berg have long standing stellar reputations for their
1:11:28
legal acumen and ethics. It's hard for me to imagine
1:11:32
how much more vetting needs to be done. Next email
1:11:34
sent by Marie Villa Fauna to Gerald Lefcourt NCC to
1:11:39
Jeff Slowman and Andrew Lourie Jerry. As per your discussion
1:11:43
with US Attorney Acosta, I have attached the offices written
1:11:47
counter proposal. If you have any questions regarding the terms,
1:11:51
please do not hesitate to call. Next email from Marie
1:11:56
Villa Fauna to John McMillan, Andrew Osterbon, Agent Kirkandall, and
1:12:04
Jason Richards Hi All. Here's a revised version of the indictment.
1:12:09
We're still doing some proofreading, but I wanted to get
1:12:11
some feedback before I start sending it through the chain
1:12:13
of command. Can you let me know what you think.
1:12:18
Next email is from Andrew Osterbon to marievia Lafauna and
1:12:22
this email was sin September eleventh, two thousand and seven.
1:12:26
Will do when do you plan to submit it? Next
1:12:30
email from marievia Lafauna to Andrew Osterbon on September eleventh,
1:12:35
two thousand and seven, probably sometime tomorrow, just to Karen
1:12:40
Atkinson to get a first read. Then it will go
1:12:43
to Rolando, and then up to Jeff. I'm still shooting
1:12:46
for a nine to twenty five for an indictment date,
1:12:49
assuming they don't take our counter counter offer. In case
1:12:53
you haven't heard, yesterday, one of Epstein's lawyers countered with
1:12:57
a fifteen month in jail followed by fifteen months community
1:13:00
confinement aka home confinement, and we counter countered with twenty
1:13:05
months in jail followed by ten months community confinement. Here's
1:13:09
the agreement that was sent out, Thanks Drew. Next email
1:13:12
was sent by Andrew Osterbon to Marie Vilafauna. This email
1:13:19
was sent on September eleventh, two thousand and seven. I
1:13:22
had not heard the counter offering. Is unfortunate, but I
1:13:26
suppose it's understandable. Let me know how it goes, Thanks Marie.
1:13:31
Next email from marievill Lafauna to Andrew Osterbon, September thirteenth,
1:13:35
two thousand and seven. Hi, Drew, Sorry to bother you,
1:13:38
but the POLA negotiations are getting fast and furious. Epstein's
1:13:43
lawyers are fixated on this idea of a victim's fund
1:13:46
rather than having the girl's files separate twenty two to
1:13:49
fifty five actions. I know that the reason that they
1:13:52
want to do. This is not out of the goodness
1:13:54
of their hearts, but to keep this stuff out of
1:13:56
the public court files. But in some way it'll help
1:13:59
the girls too. Do you know anything about how the
1:14:02
fund in Alaska has worked out? Did all the victims
1:14:05
consent or did the court just do it? Thank you
1:14:07
for your help. I also turned in the indictment package
1:14:11
to my immediate supervisor today, so I expect some medits
1:14:14
back from her before it goes higher up the chain.
1:14:16
If you add any thoughts, please let me know. Next
1:14:19
email from Andrew Osterbond to Marie Villa Fauna and this
1:14:23
one was sent on September thirteenth, two thousand and seven.
1:14:27
Thanks for more information, Marie. I'll get the details on
1:14:30
the bomb arrangements from the prosecutors and get back to
1:14:33
you tomorrow. I believe the girls agreed to the arrangement,
1:14:37
but I'll confirm that I should have the indictment reviewed
1:14:40
by then as well. Next email from Marie Villa Fauna
1:14:44
to Andrew Osterbon, Hi, Drew, I tracked down the AUSA
1:14:48
in Alaska and he's sending me the trust agreement and
1:14:50
I'll let you know how things go in the morning.
1:14:54
Next email from Marie Villa Fauna to someone whose names
1:14:58
were redacted and see to Andrew Lowry. Jay, it was
1:15:01
nice seeing you again, Andy, and I talk with Alex
1:15:04
and Jeff. We're all satisfied in principle with the agreement,
1:15:07
but the office is uncomfortable with the recommended federal charge. Specifically,
1:15:12
we're concerned about the effect of taking the position that
1:15:16
mister Epstein's house is in the special maritime and territorial
1:15:20
jurisdiction of the United States, and we have no evidence
1:15:23
of any assaults occurring, either on mister Epstein's plane or
1:15:27
offshore from his residence. We're hoping that you can find
1:15:30
an alternative federal statute that can be used. I will
1:15:33
also wait to hear from Jack Goldberger to discuss logistics.
1:15:38
Thank you, Marievilla Fauna. Next email from Jay Lefkowitz to
1:15:43
Marievilla Fauna. Andy meant to copy you on my first
1:15:46
attempt to respond to Marie. We appreciate the courtesy of
1:15:50
today's meeting and your agreement and Alex's. We understand the
1:15:54
concerns you are raising and will work over the next
1:15:57
few days to come up with a mutually acceptable solution.
1:16:00
I'll speak with you no later than Monday, and in
1:16:03
the interim we can come up with a solution. We
1:16:06
will be in touch with you. Next email from Jay
1:16:09
Lefkowitz to Marievilla Fauna on September thirteenth, two thousand and seven, Marie,
1:16:14
are you free to speak at nine am tomorrow? Next
1:16:19
email from Marie Villafauna to Jay Lefkowitz, September thirteenth, two
1:16:23
thousand and seven. Hi, Jay, Yeah, I am. I've been
1:16:27
spending some quality time with Title eighteen looking for misdemeanors.
1:16:31
Do you want to take a look at US Code
1:16:33
eighteen four three, US Code eighteen fifteen twelve D and
1:16:37
forty seven USC two twenty three A, one and B
1:16:41
and we can talk about them tomorrow. I know that
1:16:44
someone mentioned there being activity on an airplane. I just
1:16:47
want to make sure that there is factual basis for
1:16:49
the plea that the agents can confirm. I'm not sure
1:16:53
exactly where I'll be tomorrow morning, so is it all
1:16:55
right if I call you? Have a good morning. The
1:16:58
next and final email from Jay Lefkowitz to Marie Villafauna
1:17:03
sounds good. I will be at home. Let's talk at
1:17:06
nine am. Already thinking about the same statutes, look forward
1:17:10
to speaking in the morning, best Jay. All right, folks,
1:17:14
So that completes this thread. But when I tell you
1:17:17
that we haven't even scratched the surface yet, I mean it.
1:17:21
We have so many documents to go over that it's
1:17:23
not even funny. So we're going to continue to eat
1:17:26
this elephant one bite at a time, and when we
1:17:29
have slow news days like today, we're going to have
1:17:32
more files added to the catalog. As for this one, well,
1:17:36
all the information that goes with it can be found
1:17:39
in the description box.