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Mega Edition: The OIG Report Detailing The Investigation Into Epstein's NPA (Part 17-19) (7/2/26) · The Vault: The Epstein Files

0:00
Speaker 1: What's up everyone, and welcome back to the Epstein chronicles.
0:04
In this episode, we're getting right back to the Epstein
0:07
OIG report into the non prosecution agreement. See the evidence
0:13
does not clearly show why the terms of incarceration was
0:16
reduced from twenty four months to twenty months to eighteen months.
0:21
OPR reviewed the contemporaneous records and asked Acosta, Villa Fauna,
0:25
and Laurie to explain how the jail term Epstein would
0:28
have to accept came to be reduced from two years
0:31
to eighteen months. Laurie had no recollection of the process
0:35
through which the term of incarceration was reduced. Vila Fauna
0:39
and Acosta offered significantly different explanations. Fila Fauna told OPR
0:45
we had this flip flop between is it going to
0:48
be a state charge, is it going to be a
0:50
federal charge? Is it going to be a state charge?
0:52
Is it going to be a federal charge? And to
0:54
get a federal charge, there was no way to do
0:57
twenty four months that made any sense. So somehow it
1:00
ended up being twenty months, and then it got to
1:03
be eighteen months, and these were recalls that if I
1:06
remember correctly, Jay Lefkowitz was having directly with alex Acosta,
1:10
and alex Acosta agreed to eighteen months. Bilafana further explained
1:14
to OPR regarding going from twenty four months to twenty months,
1:19
I recall a discussion that twenty four months of federal
1:21
time was really twenty months after gain time, so Epstein
1:25
should be allowed to plead to twenty months in the state.
1:28
Epstein's council represented that he wouldn't get gain time like
1:32
that in the state, and someone above me agreed. Later.
1:36
Of course, as shown in the agreements, Epstein's council, Jay Lefkowitz,
1:39
got Alex to agree that Epstein should be allowed to
1:42
earn gain time in the state, so the twenty months
1:46
in the state became at least seventeen months. Regarding going
1:49
from twenty months to eighteen months, this came from a
1:52
negotiation between Epstein's council and Nandy or Alex where the
1:56
federal statutory max could only be twenty four or eighteen,
2:00
so eighteen was agreed to. I also recall that after
2:03
Epstein's council decided that they wanted to proceed with an
2:07
NPA and only a state guilty plea I asked Alex
2:10
why we didn't return to the twenty months, because the
2:13
reason why we went to eighteen months was because that
2:16
was the only way to end up with a federal
2:18
statutory maximum. However, a subsequent account of the history of
2:23
negotiations with Epstein's attorneys, drafted by Villa Fauna for Acosta
2:27
several weeks after the September twelfth, two thousand and seven,
2:31
meeting with the State Attorney's office, stated that a significant
2:34
compromise reached at the meeting was a reduction in the
2:37
amount of jail time from the originally proposed twenty four
2:40
months down to eighteen months, which would be served at
2:43
Palm Beach County Jail rather than a state prison facility.
2:47
Acosta noted to OPR that Villa Fauna was engaged in
2:51
a tough negotiation and he was willing to allow her
2:54
the discretion to reduce the amount of incarceration time without
2:58
him second guestinger cost acknowledge that he clearly approved it
3:02
at some point. Based on this record, OPR could not
3:05
definitively determine when, how or by whom the decision was
3:09
made to reduce the required term of imprisonment from twenty
3:13
four to eighteen months. It's possible that the reduction was
3:17
connected to Epstein's effort to achieve a result that would
3:20
allow him to serve his time in a counting facility,
3:23
but it may also have resulted from the party's attempts
3:26
to reach agreements on federal charges that would not result
3:29
in a sentence of incarceration greater than what had been
3:32
discussed with respect to state charges. In the end, the
3:36
evidence shows that Acosta approved a reduced term of incarceration
3:41
from twenty four months to eighteen months, and the USAO
3:44
understood at the time that the state gain time requirement
3:47
would further reduce the actual amount of time Epstein would
3:50
spend incarcerated. D The parties continue to negotiate, but primarily
3:56
focus on a potential plea to federal charges. During the
3:59
remains of September, Villa Fauna conducted plea negotiations and drafted
4:04
the final NPA, mainly with Epstein's attorney, Jay Lefkowitz. In
4:08
a September thirteenth, two thousand and seven, email to CEOs
4:12
chief Asterbond, Villafana reported that the plea negotiations were getting
4:16
fast and furious. She said that the defense wanted to
4:19
establish a victim's fund through which Epstein could make payments
4:23
to the victims, rather than having the victims file individual
4:26
Section twenty two to fifty five court actions for damages,
4:30
which she speculated was to keep this stuff out of
4:32
the public court files. According to the email documentation, by Friday,
4:37
September fourteenth, two thousand and seven, the parties had moved
4:40
toward a hybrid federal plea agreement incorporating a plea to
4:43
state charges, which would allow Epstein to serve as sentence
4:46
for all the charges concurrently in a federal prison. Villa
4:50
Fauna informed a Costa, Sloman, Lori and other colleagues the
4:53
negotiations with left Kowitz had resulted in a tentative agreement
4:57
for Epstein to plead to two federal charge harassment to
5:01
prevent a witness from reporting a crime US Code eighteen
5:04
section fifteen twelve D two, which was then a one
5:08
year misdemeanor, and simple assault on an airplane US Code
5:12
eighteen Section one thirteen A five, a six month misdemeanor.
5:17
Villafana reported that Lefkowitz put in a pitch for only
5:20
twelve months. I put in a pitch that Epstein plead
5:22
to twenty four with a twenty month recommendation, and we
5:26
decided that we would be stuck with the eighteen months.
5:29
Later that day, Villa Fauna said to Lefkowitz a draft
5:32
hybrid plea agreement and information mirroring the agreement in principle
5:37
that she had described to her supervisors, but which she
5:40
noted had not yet been blessed by them. The agreement
5:43
provided that Epstein would plead guilty to the two federal charges,
5:47
for which the parties would jointly recommend that he would
5:50
be sentenced to the statutory maximum penalty of eighteen months
5:54
followed by two years a supervised release, and that he
5:58
would also plead guilty to the state registerable offense of
6:01
procurement of miners to engage in prostitution, for which Epstein
6:05
in the State Attorney's office would make a joint binding
6:08
recommendation that he'd be sentenced to serve at least twenty
6:11
months in prison, followed by ten months the community's control
6:15
home confinement. Although not specified in the draft agreement, the
6:18
negotiations evidently expected the federal and state terms would run concurrently.
6:23
In addition to payment of restitution, Epstein would not oppose
6:27
jurisdiction of victim status for any of the victims identified
6:30
in the federal investigation at that point, specified as numbering
6:35
forty who elected the file suit for damages under US
6:38
Code eighteen, section twenty two to fifty five. Laurie, however,
6:42
quickly made clear that he was not in favor of
6:44
that proposal. In response to Villafauna's email about the potential
6:48
federal charges, but after Villafauna sent the proposal to Lefkowitz,
6:51
Lourie told her the assault charge sounds like a stretch
6:54
and factually is sort of silly. Louri also told Slowman,
6:58
A Costa, and another supervisor that he did not like
7:01
the assault charge and believed that it would not go
7:04
smooth and every judge. A Costa responded, if we need,
7:08
let's find a different charge. On Saturday, September fifteenth, two
7:12
thousand and seven, Villa Fauna emailed Leftkowitz using her personal
7:16
email address, reporting that she had gotten some negative reaction
7:19
to the assault charge and suggesting a different factual scenario
7:23
to support a federal charge. At this point, Slowman left
7:26
on vacation, and he informed Acosta in Villa Fauna that
7:30
in his absence, Lourie had agreed to help finalize this.
7:33
Laurie spent the following work week at his new post
7:36
at the Department in Washington, d C. But communicated with
7:40
his USAO colleagues by phone and email. In a Sunday
7:44
September sixteenth, two thousand and seven, email, Villa Fauna informed
7:48
left Kwitz that she had drafted a factual proffer to
7:51
accompany a revised hybrid federal plea proposal. In that email,
7:55
Villa Fauna also noted that she was considering filing charges
7:59
in the Federal days District Court in Miami, which will
8:01
hopefully cut the press coverage significantly. This email received considerable
8:06
attention twelve years later when it was made public during
8:09
the CVRA litigation, and was viewed as evidence of the
8:12
usao's efforts to conceal the NPA from the victims. Villa Fauna, however,
8:18
explained to OPR that she concerned that news media coverage
8:22
would violate the victim's privacy. She told OPR, if the
8:25
victims wanted to attend the plea hearing, I wanted them
8:28
to be able to go into the courthouse without their
8:30
faces being splashed all over the newspaper, and that such
8:34
publicity was less likely to happen in Miami, where the
8:37
press in general does not care about what happens in
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Palm Beach. Lefkowitz responded to Villa Fauna with a revised
8:44
version of her latest proposed hybrid plea agreement in a
8:47
document entitled Agreement Significantly, the defense proposal introduced two new provisions.
8:53
The first related to four female assistants who had allegedly
8:56
facilitated Epstein in his criminal scheme. The defense sought a
9:00
government promise not to prosecute them, as well as certain
9:04
other unnamed Epstein employees, and the promise to forego immigration
9:08
proceedings against two of the female assistants. Epstein fulfilling the
9:13
terms and conditions of the agreement also precludes the initiation
9:17
of any and all criminal charges which might otherwise in
9:21
the future be brought against four named female assistants or
9:25
any employee of a specific Epstein owned corporate entity for
9:29
any criminal charge that arises out of the ongoing federal investigation. Further,
9:34
no immigration proceeding will be instituted against two named female
9:38
assistants as a result of the ongoing investigation. The second
9:42
new provision related to the usao's efforts to obtain Epstein's computers.
9:47
Epstein fulfilling the terms and conditions of the agreement resolves
9:50
any and all outstanding legal process that have requested witness, testimony,
9:55
and or production of documents and or computers in relation
9:58
to the investigation that is the subject of the agreement.
10:02
Each legal process will be withdrawn upon the execution of
10:05
the agreement, and it will not be reissued absent reliable
10:08
evidence of a violation of the agreement. Epstein and his
10:12
council agree that the computers that are currently under the
10:15
legal process will be safeguarded in their current condition by
10:18
Epstein's council or their agents until the terms and conditions
10:22
of the agreements are fulfilled. Later that day, Villa Fauna
10:26
sent left Kowitz a lengthy email to convey two options.
10:29
Lourie had suggested the original proposal for a state plea,
10:32
but with an agreement for an eighteen month sentence or
10:36
please to stay charges and to federal obstruction of justice charges.
10:40
Villa Fauna also told Lefkowitz she was willing to ask
10:44
Acosta again to approve a federal plea to a five
10:47
year conspiracy with Rule elevency binding recommendation for a twenty
10:52
month sentence. Villa Fauna explained as to the timing, it's
10:56
my understanding that mister Epstein needs to be sentenced in
10:59
the state after he is sentenced in the federal case,
11:02
but not that he needs to plead guilty and be
11:05
sentenced after serving his federal time. And he recommended that
11:08
some of the timing issues be addressed only in the
11:11
state agreement, so that it is an obvious to the
11:14
judge that we are trying to create federal jurisdiction for
11:17
prison purposes. With regard to the prosecution of individuals other
11:21
than Epstein, Vila Fauna suggested standard federal plea agreement language
11:26
regarding the resolution of all criminal liability, and I will
11:30
mention co conspirators, but I would prefer not the highlight
11:33
for the judge all of the other crimes and all
11:36
of the other persons that we could charge. Villafauna told
11:39
OPR that she was willing to include a non prosecution
11:42
provision for Epstein's co conspirators, who at the time she
11:46
understood to be the four women named in the proposed agreement,
11:49
because the USAO was not interested in prosecuting those individuals
11:53
if Epstein entered a plea. Vilafauna told OPR, we considered
11:57
Epstein to be the top of the food chain, and
11:59
we wouldn't have been interested in prosecuting anyone else. She
12:03
did not consider the possibility that Epstein might be trying
12:05
to protect other unnamed individuals, and no one, including the
12:09
FBI case agents, raise that concern. Villa Fauna also told
12:13
OPR that her reference to all of the other crimes
12:16
and all of the other persons that we could charge
12:18
related to her concern that if the plea agreement contained
12:21
information about uncharged conduct, the court might ask for more
12:25
information about the conduct and inquire why it had not
12:29
been charged, and if the government provided such information, Epstein's
12:32
attorneys might claim the agreement was breached. With regard to immigration,
12:37
Villa Fauna told OPR that the USAO generally did not
12:41
take any position in plea agreements on immigration issues, and
12:44
that in this case, there is no evidence that either
12:46
of the two assistants, who were foreign nationals, had committed
12:49
fraud in connection with their immigration paperwork, and I think
12:53
that they were both in status, so there wasn't any
12:55
reason for them to be deported as to whether the
12:58
foreign nationals would be removable by virtue of having committed crimes,
13:03
Villafana told OPR she did not consider her role as
13:06
seeking removal apart from actual prosecution. Villa Fauna concluded her
13:11
email to left Kowitz by expressing disappointment that they were
13:14
not closer to resolving this than it appears that we are,
13:17
and offering to meet the next workday on the agreement.
13:21
Can I suggest that tomorrow we either meet live or
13:23
via teleconference, either with your client or having him within
13:26
a quick phone call to hash out these items. I
13:29
was hoping to work only a half day tomorrow to
13:31
save my voice for Tuesday's hearing if necessary, but maybe
13:35
we can set a time to meet. If you want
13:37
to meet off campus somewhere, that's fine. I will make
13:41
sure that I have all the necessary decision makers present
13:44
or on call as well. Villa Fanna told OPR that
13:48
she offered to meet left Kowitz away from the USAO
13:51
because conducting negotiations via email was inefficient and Villa Fanna
13:55
wanted to have a meeting where she sat down and
13:58
just finalized things. And what I meant by off campuses
14:01
sometimes people feel better if you go to a neutral
14:04
location for a face to face meeting. On the morning
14:07
of Monday, September seventeenth, two thousand and seven, the USAO supervisor,
14:11
who was taking over Lori's duties as manager of the
14:14
West Pond Beach office, asked Villa Fauna for an update
14:17
on the plea negotiations, and she forward to him the
14:20
email she had sent to left Kowitz the previous afternoon.
14:23
Villa Fauna told the manager, as you can see, there
14:26
are a number of things in their last draft that
14:28
were unacceptable, all of the loopholes that I sewed up
14:31
that they tried to open. Shortly thereafter, Villa Fauna alerted
14:35
the new manager, Acosta, and Laurie that she had just
14:38
spoken with Lef Kowitz, who advised that Epstein was leaning
14:41
towards a plea to stay charges under a non prosecution
14:45
agreement and she would be forwarding to left Kowitz our
14:48
last version of the non prosecution agreement. Acosta asked that
14:52
Villa Fauna make sure that they know it's only a
14:54
draft and reminded her that the form and language may
14:58
need polishing. Fauna responded, absolutely, there were a lot of
15:02
problems with their last attempt. They tried to reopen all
15:05
of the loopholes that I had sown shut. Villa Fauna
15:08
sent to Leftkowitz the draft NPA that she had provided
15:11
to left Court on September eleventh, two thousand and seven,
15:14
noting that it was the last version and would avoid
15:17
him having to reinvent the wheel. She also updated the
15:20
FBI case agents on the status of negotiations, noting that
15:24
she had told her chain of command that we are
15:27
still on for the September twenty fifth meeting to bring
15:30
charges no matter what. After receiving the draft NPA, left
15:34
Kowitz asked Villa Fauna to provide for his review a
15:37
factual proffer for a federal obstruction of justice charge, and
15:41
with that respect to the NPA, option asked, if we
15:44
will go that route, would you intend to make the
15:46
deferred prosecution agreement public? Villafana applied that while a federal
15:51
plea agreement would be part of the court file and
15:53
publicly accessible, the NPA would not be made public or
15:57
filed with the court, but it would remain part of
15:59
our case file. It probably would be subject to an
16:03
FOIA Freedom of Information Act request, but it's not something
16:07
that we would distribute without compulsory process. Vilafanna told OPR
16:11
that she believed Epstein did not want the NPA to
16:14
be made public because he did not want people to
16:17
believe him to have committed a variety of crimes. As
16:20
she explained to OPR, Villafana believed the NPA did not
16:24
need to be disclosed in its entirety, but she anticipated
16:27
notifying the victims about the NPA provisions relating to their
16:31
ability to recover damages. All right, we're going to wrap
16:35
up this episode here and in the next episode, we're
16:37
going to pick up where we left off, and that's
16:39
with E. The parties appear to reach agreement on a
16:42
plea to federal charges. All of the information that goes
16:46
with this episode can be found in the description box.
16:49
What's up, everyone, and welcome back to the Epstein chronicles.
16:53
In this episode, we're getting right back to the OIG
16:56
report into the Jeffrey Evstein non prosecutor Agreement. E. The
17:02
parties appear to reach agreement on a plea to federal charges.
17:06
Negotiations continued the next day, Tuesday, September eighteenth, two thousand
17:10
and seven, responding to Villa Fauna's revised draft of the NPA.
17:14
Lefkowitz suggested that Epstein plead the one federal charge with
17:18
a twelve month sentence, followed by a one year of
17:21
supervised release with a requirement for home detention, and two
17:24
years of state probation, with the first six months of
17:27
the state sentence to be served under community control. Villafana replied,
17:32
I know that the US attorney will not go below
17:35
eighteen months of prison jail time, and I would strongly
17:38
oppose the suggestion. Shortly thereafter, Villa Fauna email DaCosta Lori
17:42
and the incoming West Palm Beach manager Hiaul. I think
17:46
that we may be near the end of our negotiations
17:48
with mister Epstein, and not because we have reached a resolution.
17:52
As I mentioned yesterday, I spent twelve hours over the
17:55
weekend drafting informations, changing plea agreements, and writing factual I
18:01
was supposed to receive a draft agreement from them yesterday,
18:03
which never arrived. At that time, they were leaning towards
18:07
pleading only to stay charges and doing all of the
18:10
time in state custody. Late last night I talked to
18:13
Jay Lefkowitz, who asked about Epstein pleading to two twelve
18:16
month federal charges, with half of his jail time being
18:19
spent in home confinement pursuant to the guidelines. I told
18:23
him that I had no objection to that approach, but
18:26
in the interest of full disclosure, I did not believe
18:28
that mister Epstein would be eligible because he will not
18:31
be in Zone A or Zone B. This morning, Jay
18:35
Lefkowitz called and said that I was correct, but if
18:39
we could get mister Epstein down the fourteen months, then
18:41
he thought he would be eligible. My response have him
18:45
pleaded the two separate informations. On the first one he
18:48
gets twelve months imprisonment, and on the second he gets
18:51
twelve months with six served in home confinement, to run consecutively.
18:56
I just received an email asking if mister Epstein could
18:59
do to twelve months imprisonmen instead. As you can see,
19:02
mister Epstein is having second thoughts about doing jail time.
19:06
I would like to send Jay Lefkowitz an email stating
19:08
that if we do not have assigned agreement by tomorrow
19:11
at five, negotiations will end. I have selected tomorrow at
19:15
five because it gives them enough time to really negotiate
19:18
an agreement. If they are serious about it and if not,
19:21
it gives me a day before the Jewish holiday to
19:24
get prepared for Tuesday, September twenty fifth, when I planned
19:28
the file charges, and it gives the office sufficient time
19:31
to review the indictment package. Do you concur A few
19:34
minutes later, the incoming West Palm Beach manager emailed Lourie,
19:38
suggesting that Lori talked to Abstein and close the deal.
19:41
Within moments, Lourie replied to the manager with a copy
19:44
to Villafauna, reporting that he had just spoken with Lefkowitz
19:48
and agreed to two federal obstruction charges twenty four month
19:51
cap with non binding recommendation for eighteen months. When Epstein
19:56
gets out, he has to plead to state offenses, including
19:59
against minor registerable, and then take one year house arrest
20:03
community confinement. By reply email, Villa Fauna asked Lourie to
20:07
call her, but there is no record of whether they spoke.
20:11
F Defense counsel offers new proposal substantially changing the terms
20:16
of the federal plea agreement, which the USAO rejects. Approximately
20:21
an hour after Lori's email reporting the deal he had
20:24
reached with left Kowitz left. Kuwitz sent Villafauna a revised
20:27
draft Plea agreement. Despite the agreement Lourie believed he and
20:31
left Kowitz had reached that morning. Left kowitz proposal would
20:34
have resulted in a sixteen month federal sentence followed by
20:38
eight months of supervised release served in the form of
20:41
home detention. Left Kowitz also inserted a statement in his
20:45
proposal explicitly prohibiting the USAO from requesting, initiating, or encouraging
20:51
immigration authorities to institute immigration proceedings against two of Epstein's
20:56
female assistants. Villa Fauna circulated the Defense proposed plea agreement
21:01
to Lori and to other supervisors and expressed frustration that
21:05
the new Defense version incorporated terms that were completely different
21:08
from what Jay just told Andy they would agree to.
21:12
Villa Fauna also pointed out that the Defense wants us
21:15
to recommend an improper calculation on the sentencing guidelines, and
21:19
they added language waiving the preparation of a pre sentenced
21:23
investigation so he can keep all of his information confidential.
21:27
I have already told Jay that the PSI language was
21:30
unacceptable from our office of even greater significance than a
21:34
follow up email. Villa Fauna noted that the Defense had
21:37
removed both the requirement that Epstein plead to a registrable
21:41
offense and the entire provision relating to monetary damages under
21:45
US Code eighteen, section twenty two fifty five. In the afternoon,
21:50
Villa Fauna circulated her own proposed hybrid plea agreement, first
21:54
internally to the management team with a note stating that
21:57
it contains the eighteen and a half split that Jay
22:00
and Andy agree to, and then to left Kowitz. Regarding
22:04
the prosecution of other individuals, she included the following provision.
22:08
This agreement resolves the federal criminal liability of the defendant
22:12
and any co conspirators in the Southern District of Florida,
22:15
growing out of any criminal conduct by those persons known
22:18
to the USAO as of the date of this plea agreement,
22:21
including but not limited to, conspiracy to solicit miners to
22:25
engage in prostitution. In her email to lef Kowitz transmitting
22:29
the plea agreement, Villafano wrote, could you share the attached
22:32
draft with your colleagues? It is in keeping with Andy's
22:36
communicated to me was the operative deal. The US Attorney
22:39
hasn't had a chance to review all the languages but
22:42
he agrees with it in principle. The West Palm Beach
22:45
Manager and I will both be available at two. One
22:48
of my suggestions is going to be again that we
22:51
all sit down together in the same room, including Barry
22:54
Krisher and lor Lana Bellohovlik, so we can hush out
22:57
all of the still existing issues in and get ourselves
23:00
as signed document. Villa Fauna also emailed Acosta directly telling
23:05
him she planned to me with Epstein's attorneys to work
23:07
on the plea agreement and asking if Acosta would be
23:10
available to provide final approval. A Costa replied, I don't
23:14
think I should be part of negotiations. I'd rather leave
23:17
it to you, if that's okay. A Costa told OPR
23:20
that absent truly exceptional circumstances, he believed it was important
23:24
for him to not get involved in negotiations, and added,
23:27
you can meet like I did in September to reaffirm
23:30
the position of the office and back your ausa, but
23:34
ultimately I think your trial lawyer needs discretion to do
23:37
their job. Bila Fauna told OPR, however, that she did
23:41
not understand Acosta to be giving her discretion to conduct
23:44
the negotiations that she saw fit. Rather, she believed Acosta
23:48
did not want to engage in face to face negotiations
23:51
because he wanted to have an appearance of having sort
23:53
of an arm's length from the deal. Villa Fauna replied
23:56
to Acosta's message, that's fine. The West Palm Beach and
24:00
I will nail everything down. We just want to get
24:02
a final blessing. Negotiations continue throughout the day on Wednesday,
24:06
September nineteenth, two thousand and seven, with Villafauna and left
24:10
Kowitz exchanging emails regarding the factual profit for a plea
24:14
and the scheduling of a meeting to finalize the plea
24:16
agreement's terms. During the exchange, villa Fauna made clear to
24:20
left Kowitz that the time for negotiating terms was reaching
24:24
an end. I hate to have to be firm about this,
24:26
but we need to wrap this up by Monday. I
24:29
will not miss September twenty five, charging date when this
24:31
is dragged on for several weeks already, and then if
24:34
things fall apart, be left in a less advantageous position
24:37
than before the negotiations. I have an eighty two page
24:41
prosecution memo and a fifty three page indictment sitting on
24:44
the shelf. Since May to engage in these negotiations, there
24:48
has to be an ending date, and that date is Monday.
24:52
Early that afternoon, Lorie, who participated in the week's negotiations
24:56
from his new post in the Department in Washington, DC,
25:00
asked Villa Fauna to furnish him with the last draft
25:02
of the plea agreement she had sent to the Defense Council,
25:06
and she provided him with an eighteen twelve split draft
25:10
that she had sent to Lefkowitz the prior afternoon. After
25:13
reviewing the draft, Lourie told Villa Fauna it was a
25:16
good job, but he questioned certain provisions, including whether the
25:20
usao's agreement to suspend the investigation and hold all legal
25:24
process in abeyance should be in the plea agreement. Villa
25:28
Fauna told Lori that she added that paragraph at the
25:31
insistence of the Defense and opined, I don't think it
25:33
hurts us. Villa Fauna explained to OPR that she held
25:37
this view because Alex and people above me had already
25:40
made the decision that if the case was resolved, we
25:43
weren't going to get the computer equipment. At three forty
25:46
four PM that afternoon Leftkowitz email the redline version of
25:50
the federal plea agreement showing his new revisions, and noted
25:54
that he was working on a deferred prosecution agreement because
25:57
it may well be that we cannot reach agreement here.
26:00
The Defense red line version required Epstein to plead guilty
26:04
to a federal information charging two misdemeanor counts of an
26:07
attempt to intentionally harass a person to prevent testimony, depending
26:11
state indictment charging solicitation of prostitution, and the state information
26:16
charging one count of coercing a person to become a
26:19
prostitute in violation of Florida Statute Section seven ninety six
26:23
dot four without regard to the age. Neither of the
26:27
proposed state offenses required sexual offender registration. Epstein would need
26:32
to serve an eighteen month sentence and a concurrent sixty
26:35
months on probation on the state charges. The red line
26:38
version again deleted the provisions relating to damages under US
26:42
Code eighteen, section twenty two fifty five and replaced it
26:45
with the provisions requiring creation of a trust administered by
26:49
the state court. It retained language proposed Bible La Fauna
26:53
providing that plea agreement resolves the federal criminal liability of
26:57
the defendant and any co conspirators in the Southern Day
27:00
strict to Florida, growing out of any criminal conduct by
27:03
those persons known to the USAO as of the date
27:06
of this plea agreement, but also reinserted the provision promising
27:10
not to prosecute Epstein's assistance and the statement prohibiting the
27:14
USAO from requesting, initiating, or encouraging immigration proceedings. It also
27:20
included a provision stating the government's agreement to forego a
27:23
sentence in investigation and promise the government to suspend the
27:27
investigation and withdraw all pending legal processes. All right, We're
27:33
going to end this episode right here, and in the
27:35
next episode we're going to pick up with g Villa, Fauna,
27:38
and Lori recommend ending negotiations, but Acosta urges that they
27:42
try to work it out. All of the information that
27:46
goes with this episode can be found in the description box.
27:50
What's up everyone, and welcome back to the Epstein Chronicles.
27:54
In this episode, we're getting right back to the OIG
27:57
report that was filed in relation to the Jeffrey Epstein
28:01
non prosecution agreement g Villa Fauna and Lourie recommend ending negotiations,
28:07
but Acosta urges that they try to work it out.
28:11
In the late afternoon of Wednesday, September nineteenth, two thousand
28:14
and seven, Villa Fauna expressed her increasing frustration to her supervisors.
28:19
She emailed the Defense redline version of the Plea agreement
28:22
to LORII and the incoming West Palm Beach manager, identifying
28:26
all the provisions she had specifically discussed with the defense
28:29
team and rejected that they had reinserted into the agreement.
28:34
Villa Fauna opined, this is not a good faith negotiation.
28:37
Lourie responded that he would reach out to Alex to
28:40
discuss Lourie immediately emailed the cost of the following I
28:45
looked at the latest draft from Jay Lefkowitz, and I
28:47
must agree with Marie based on my own conversations with them.
28:51
His draft is out of left field. He claims to
28:54
orally agree to our terms and then sends us a
28:56
document that is the opposite. I suggest we simply tell
29:00
him that his counter offer is rejected and that we
29:03
intend to move forward with our case. Acosta replied, why
29:07
don't we just call him and tell them One you
29:09
agree and then change things. Two that's not acceptable and
29:13
it's in bad faith, stop it or will indict. Three
29:16
try to work it out. It seems that we are close,
29:19
and it's worth trying to overcome what has to be
29:21
painfully annoying negotiating tactics. Acosta told the OPR that he
29:26
recognized this negotiation was a pain, but if it was
29:29
right position, the fact that you've got annoying counsel on
29:33
the other side doesn't make it less of a right position.
29:36
You tell them to stop being annoying, You try to
29:38
work it out, and if not, then you indict. In
29:41
response to Acosta's instructions, Lourie responded, Okay, we'll do. He
29:45
also forwarded to Acosta the latest version of the USAO
29:49
draft Hybrid plea agreement that Villa Fauna had sent to
29:52
Lefkowitz the previous day, which Lauri had requested and obtained
29:56
from Villa Fauna earlier that afternoon. Meanwhile, Villa Fauna sent
30:00
to LORII and his successor West Palm Beach Manager a
30:03
draft message she proposed to send to Lefkowitz with her
30:06
objections to the defense revisions, explaining, I know that you
30:10
keep saying he is going to plead, and he will
30:13
plead if we cave on everything. But I really do
30:16
not think that mister Epstein is going to engage in
30:18
serious negotiations until he sees an indictment and it shows
30:22
up in mag federal magistrate judge court. She suggested charging
30:26
Epstein on a federal conspiracy charge, and if he refused
30:29
to plead to the offense, superseding with additional charges and
30:33
going to trial. She complained that after seven weeks of negotiations,
30:37
we are just spinning our wheels. Her proposed email to
30:40
Lefkowitz detailed all of the objectionable provisions in his draft
30:44
and concluded, if you or your client insist on these,
30:47
there can be no plea agreement. H Acosta edits the
30:51
federal plea agreement and Villa Fauna sends a vinyl version
30:54
to the defense. The next day, Thursday, September twentieth, two
30:58
thousand and seven, Villa Fauna emailed Assistant State Attorney Bellohovlik
31:02
and informed her our deadline is Monday evening for assigned
31:06
agreement and arraignment in the federal system. At this time,
31:09
things don't look promising anyway. But I will keep you posted.
31:13
In their latest draft, they change what they agreed to
31:15
plead to in the state from solicitation of minors for
31:18
a prostitution a registrable offense, to forcing adults into prostitution
31:23
a non registrable offense. We will not budge on this issue,
31:27
so it's looking unlikely that we will reach a mutually
31:30
acceptable agreement. If that changes, I will let you know.
31:34
Acosta sent Lourie some thoughts about the USAO version of
31:37
the proposed hybrid federal plea agreement and received from LORI
31:40
the evening before, commenting that it seems very straightforward and
31:44
we are not changing our standard charging language for the defense.
31:50
Noting that the draft was prepared for his signature. Acosta
31:53
told LORII that he did not typically sign plea agreements
31:57
and this should not be the first, adding that the
31:59
UAO should only go forward if the trial team supports
32:03
and signs this agreement. Lourie forwarded the email to Villa
32:06
Fauna with a transmittal message simply reading, I think alex
32:10
changes are all good ones. Please try to incorporate his suggestions,
32:14
change the signature block to your name, and send the
32:17
final to Jay Laurie also noted to Acosta in Villa
32:20
Fauna that he believed the defense would want to go
32:23
back to the initial offer of a state plea with
32:26
a prosecution agreement. When Villa Fanna sent the revised plea
32:29
agreement to Lefkowitz later that afternoon, she advised him that
32:33
if the defense wanted to return to the original offer
32:36
of a state plea, only the draft NPA she had
32:39
sent to him on September seventeenth, two thousand and seven
32:42
would control I the defense rejects a federal plea agreement,
32:47
returns to the NPA stated only resolution, and begins opposing
32:51
the sexual offender registration requirement. After having spent days negotiating
32:56
the federal charges to be included in the plea agreement,
32:59
by the afternoon of September twentieth, two thousand and seven,
33:02
the defense rejected the federal plea option, and the parties
33:06
resumed negotiations over the details of the NPA, calling for
33:10
Epstein to plead to only stay charges. Through multiple emails
33:14
and attempts usuccessful to speak directly with Acosta and other supervisors,
33:19
defense attorneys vigorously fought the usao's insistence that Epstein plead
33:23
to a state charge requiring sexual offender registration. After receiving
33:28
the federal plea agreement, Lefkowitz spoke with Villafauna. She reported
33:32
to Acosta and Lorie that left Kowitz told her the
33:35
defense was back to doing the state charges only agreement
33:39
and wanted it until the middle of the following week
33:41
to work out the details, but that she had already
33:44
told the Defense Council that we need assigned agreement by
33:47
Tomorrow Friday or we're following charges. On Tuesday, left Kowitz
33:52
emailed Villafauna about the draft NPA that she had sent
33:55
to him, pointing out that it called for a twenty
33:58
month jail sentence followed by ten months of community control
34:01
rather than eighteen months in jail and twelve under community control,
34:06
and to ask if the USAO had any flexibility on
34:09
the twenty two to fifty five procedure. Philifanna responded, the
34:13
eighteen and twelve has already been agreed to by our office,
34:16
so that is not a problem. On the issue about
34:19
eighteen US Code twenty two fifty five, we seem to
34:22
be miles apart. Your most recent version only had me
34:26
binding the girls to a trust fund administered by the
34:28
State Court, but also promising that they will give up
34:32
their Section twenty two to fifty five rights. I reviewed
34:35
the email that I sent you on Sunday with the
34:37
comments on some of your other changes. In the context
34:40
of a non prosecution agreement, the office may be more
34:43
willing to be more specific about not pursuing charges against others. However,
34:48
as I stated on Sunday, the office cannot and will
34:51
not bind immigration. Also, your timetable will need to move
34:55
up significantly. As State Attorney Barry Krisher said in our
34:58
meeting last week, his office can put together a plea
35:00
agreement and an information and get you all before the
35:03
state judge on a change of plea within a day.
35:07
Villafana alerted Krisher that evening that negotiations were not going
35:10
very well and the Defense Council changed their minds again
35:14
and they only want to plead to state charges, not
35:16
concurrent state and federal. She added that if we cannot
35:19
reach an agreement, then I need to charge the case
35:22
on Tuesday, September twenty fifth, and I will not budge
35:25
from that date. In response to Villafana's report of her
35:28
conversation with Lefkowitz about the defense preference for a state
35:32
charge's only agreement. Laurie alerted her that he wants to
35:35
get out of the sexual offender registration, which we should
35:38
not agree to. LORI email DaCosta. I think Jay will
35:42
try to talk you out of the registrable offense, regardless
35:45
of the merits of his argument, in order to get
35:47
us down in time. They made us an offer that
35:50
included pleading to an offense against a minor encouraging a
35:54
minor into prostitution, and toubted that we should be happy
35:57
because it was registrable for that reason a lie. I
36:00
don't think we should consider allowing them to come down
36:03
from their offer, either on the issue or on the
36:06
time of incarceration. Lefkowitz attempted to reach Acosta that night,
36:11
but Acosta directed Villa Fauna to return the call and
36:14
told Louri that he did not want to open a
36:16
back channel with defense counsel. Laurie instructed Villa Fauna, you
36:20
can tell Jay that Alex will not agree to a
36:23
non registration offense. On the morning of Friday, September twenty first,
36:27
two thousand and seven, Villafana emailed Acosta informing them that
36:31
it looks like we will be filing charges against mister
36:33
Epstein on Tuesday, reporting that the charging package was being
36:37
reviewed by the West Palm Beach manager and asking if
36:40
anyone in the Miami office needed to review it. Villa
36:43
Fauna also alerted LORII that she had spoken that morning
36:47
to Lefkowitz, who was waffling about Epstein pleading to a
36:50
state charge that required sexual offender registration, and she noted
36:54
that she would confer with Krisha and Bellehovlik to make
36:56
sure the defense doesn't try to do and end around.
37:00
That same morning, Epstein attorney Sanchez, who had not been
37:03
involved in negotiations for several weeks, emailed Slowman, advising, I
37:07
want to finalize the plea deal and there is only
37:09
one issue outstanding, and I do not believe that Alex
37:12
has read all the defense submissions that would assist in
37:15
his determination on this point. Upon resolution, we will be
37:18
prepared to sign as soon as today. From his out
37:22
of town vacation, Sloman forwarded the email to Acosta, who replied,
37:26
enjoy your vacation working with Marie on this. Sloman also
37:30
forwarded Sanchez's email to LORII and asked, do you know
37:33
what she's talking about? Laurie responded that Sanchez has not
37:37
been in any negotiations. Don't even engage with yet another
37:41
cook Jay. The USAO agrees not to criminally charge potential
37:45
co conspirators. Lefkowitz, in the meantime, send Villa Fauna or
37:49
revised draft NPA that proposed an eighteen month sentence in
37:53
the county jail, followed by twelve months a community control,
37:56
and restored the provision for a trust fund for the
37:59
disbursement to an agreed upon list of individuals whose seek
38:03
reimbursement by filing suit pursuant to US Code eighteen, Section
38:07
twenty two fifty five. This defense draft retained the provision
38:11
promising not to criminally charge Epstein's for female assistants and
38:14
unnamed employees of the specific Epstein owned corporate entity, but
38:19
also extended the provision to any potential co conspirator for
38:22
any criminal charge arising from the ongoing federal investigation. The
38:27
language had evolved from similar language that Villa Fauna had
38:30
included in the usao's earlier proposed draft federal plea agreement.
38:34
Lefkowitz also again included the sentence, precluding the government from requesting, initiating,
38:40
or recommending immigration proceedings against the two assistants who were
38:44
foreign nationals. Villafauna set to left Kowitz her own revised NPA,
38:49
telling him that it was her attempt at combining our thoughts,
38:52
but it had not been approved by the office yet.
38:55
She inserted solicitation of minors to engage in prostitution a
38:59
registrable affairs as the charge to which Epstein would plead guilty,
39:03
proposed a joint recommendation for a thirty month sentence divided
39:07
into eighteen months in the county jail and twelve months
39:09
of community control, and amended the two to twenty five provision.
39:13
Villafauna's revision retained the provision superseding the investigation and holding
39:18
all legal process in abeyance, and she incorporated the non
39:22
prosecution provision while slightly altering it to apply to any
39:25
potential co conspirator of Epstein, including the four named assistants,
39:30
and deleting mention of the corporate entity employees. Finally, villa
39:34
Fauna deleted mention of the immigration proceedings, but advised in
39:38
her transmittle email that we have not and don't plan
39:41
to ask immigration proceedings to be initiated. Later that day,
39:45
Villafauna alerted Lori, who had arrived in Florida from Washington,
39:48
d C. Early that afternoon, and the new West Palm
39:51
Beach Manager, copying her first line supervisor in Co Council,
39:55
that she had included language that Defense Council had requested
39:58
regarding promises not to prosecute other people, and commented, I
40:02
don't think it hurts us. There is no documentation that LORII,
40:05
the West Palm Beach Manager, or anyone else expressed disagreement
40:09
with Villafana's assessment. Rather, within a few minutes, Villa Fauna
40:13
resent the email, adding that Defense Council now persisting in
40:17
including an immigration waiver in the agreement, to which Lourie responded,
40:21
no way, we don't put that sort of thing in
40:23
a plea agreement. Villafana applied to Lorie, indicating that she
40:26
would pass that along to Defense Council and adding any
40:29
other thoughts. When Lourie gave no further response, Villa Fauna
40:33
informed Defense Council that Lourie had rejected the proposed immigration language.
40:38
OPR questioned the subjects about the usao's agreement not to
40:42
prosecute any potential non co conspirators. Lourie did not recall
40:46
why the USO's agreement to it, but he speculated that
40:49
he left the provision in the NPA because he believed
40:52
at the time that had benefited the government in some way.
40:55
In particular, louri conjectured that the promise not to prosecute
40:59
any angel co conspirators protected victims who had recruited others
41:03
and thus potentially were co conspirators in Epstein's scheme. Laurie
41:07
also told OPR, I bet the answer was that we
41:10
weren't going to charge Epstein's accomplices because Acosta didn't really
41:14
want to charge Epstein in federal court. Slowman similarly said
41:18
that he had the impression that the non prosecution provision
41:21
was meant to protect named co conspirators who were also
41:24
victims in a sense of Epstein's conduct. Although later press
41:28
coverage of the Epstein case focused on Epstein's connections to
41:31
prominent figures and suggested that the non prosecution provision protected
41:35
these individuals, Slowman told OPR that it never occurred to
41:39
him that the reference to potential co conspirators was directed
41:42
towards any of the high profile individuals who were at
41:45
the time or subsequently linked with Epstein. Acosta did not
41:49
recall the provision or any other discussions about it. He
41:52
speculated that if he read the non prosecution provision, he
41:55
likely assumed that Villafana and Lourie had thought this through
41:59
and addressed it for a reason. The West Palm Beach manager,
42:01
who had only limited involvement at this stage, told OPR
42:05
that the provision was highly unusual and he had no
42:08
clue why the USAO agreed to it. Villa Fauna told
42:11
OPR that, apart from the women named in the NPA,
42:14
the investigation had not developed evidence of any other potential
42:18
co conspirators, so we wouldn't be prosecuting anybody else, so
42:22
why not include it. I just didn't think that there
42:25
was anybody that it would cover. She conceded, however, that
42:28
it did not catch the fact that it could be
42:30
read as broadly as people have since read it. All right,
42:33
we're going to wrap up right there, and in the
42:35
next episode we're going to pick up with Part K.
42:38
The USAO rejects defense efforts to eliminate the sexual offender
42:42
registration requirement. All of the information that goes with this
42:46
episode can be found in the description box. What's up everyone,
42:50
and welcome back to the Epstein chronicles. In this episode,
42:53
we're getting right back to the Jeffrey Epstein OIG report
42:57
into the NPA k the USAO rejects defense efforts to
43:03
eliminate the sexual offender registration requirement. On the afternoon of Friday,
43:08
September twenty one, two thousand and seven, State Attorney Krisher
43:11
informed Villa Fauna that Epstein's council had contacted him and
43:15
Epstein was ready to agree to all the terms of
43:17
the NPA except for sexual offender registration. According to Krisher,
43:22
defense council had proposed that registration be deferred and that
43:26
Epstein register only of state or federal law enforcement felt
43:29
at any point during his service of the sentence that
43:32
he needed to do so. Krisher noted that he had
43:35
reached out to Acosta about this proposal, but had not
43:38
heard back from him. Villa Fauna responded, I think Alex
43:42
is calling you now. Villa Fauna told OPR that, to
43:46
her knowledge, Acosta called Krisher to tell him that the
43:49
registration was not a negotiable term. Later that afternoon, Villa
43:53
Fauna emailed Krisher for information about the amount of gain
43:57
time Epstein would earn in state prison. Villa Fauna explained
44:01
in her email that she wanted to include a provision
44:03
in the NPA specifying that Epstein will actually be in
44:07
jail at least a certain number of days to make
44:09
sure he doesn't try to convince someone with the Florida
44:12
prison authorities to let him out early. Krisher responded that
44:16
under the proposal as it then stood, Epstein would serve
44:19
fifteen months. He also told Villafauna that a plea to
44:22
a registrable offense would not prevent Epstein from serving his
44:25
time at the Stockade, the local minimum security detention facility.
44:30
At some point that day, Acosta spoke with Lefkowitz by
44:34
phone regarding the need for Epstein to plead to a
44:37
registrable offense. Throughout the weekend, with Villafana's Monday deadline looming,
44:42
defense counsel pressed hard to eliminate the sexual offender requirement.
44:46
On Saturday, September twenty second, two thousand and seven, Sanchez
44:50
sent a series of emails to Lori. In the first,
44:53
she provided details from a press report about a Florida
44:56
public official who the previous day had pled guilty to
44:59
child sex abuse charges and was sentenced to a term approbation.
45:03
She noted that she spoke to Matt Mentchel and asked
45:06
Laurie to call her. Two hours later, she sent Lauri
45:09
a second lengthy email, strongly objecting to the registration requirement
45:13
and outlining all arguments against registration as a sexual offender
45:18
in this case. In this email, Sanchez claimed that there
45:21
had been a miscommunication during the September twelfth, two thousand
45:24
and seven meeting, and that we only agreed to the
45:27
solicitation with minors because we believed and Krisher and Behovolic
45:31
confirmed it was not registrable. Sanchez complained that lifetime sexual
45:35
offender registration was a life sentence that was uncalled for,
45:39
does not make sense, and was inappropriate to impose simply
45:43
because the FBI wants it in return for all their efforts.
45:47
She listed numerous reasons why Epstein should not have to register,
45:51
including his lack of a prior record of sexual offenses,
45:55
the lack of any danger of recidivism, the ease with
45:59
which he can be tracked without registering, and it would
46:02
be virtually impossible to comply with four separate state registration requirements.
46:07
A few minutes later, Sanchez sent left Court's phone number
46:10
to Louri in case you want to speak to him directly.
46:13
In another email sent less than two hours later, Sanchez
46:16
told Lourie she was writing again because you are a
46:19
very fair person. This resolution in the Epstein case is
46:22
not reasonable. It is a result of a misunderstanding at
46:25
a meeting. She stated that Epstein's attorneys had consistently emphasized
46:29
their goal of eighteen months in a federal camp, and
46:32
everyone knew that a registrable offense precluded a cap designation.
46:36
Sanchez added, therefore, it would have been wholly inconsistent with
46:40
the primary goal of Epstein's safety to lightly concede to registration.
46:45
At that meeting, Sanchez concluded, imposing a life sentence on
46:49
them is not something anyone will eventually be proud of.
46:52
Please reconsider and help me get a fair result. Laurie
46:55
responded to none of Sanchez's emails, but did reach out
46:58
to Acosta for a phone conversation by email. Late that night,
47:02
at ten twenty six pm, left Kowitz asked Lauri to
47:05
phone them the next day, lef Kowitz email DaCosta with
47:08
copies to Sloman, Louri, and Villafauna to follow up on
47:12
a conversation Friday, asking Acosta again to reconsider the requirement
47:17
that Epstein plead to a registrable offense. Lef Kowitz wrote
47:20
that there had been a misunderstanding at the September twelfth,
47:23
two thousand and seven meeting. Before the meeting, mister Krisher
47:27
and miss Bellahovlik, a sex prosecutor for thirteen years, told
47:30
us that solicitation of a minor is not a registrable offense. However,
47:35
as it turned out, it is a registrable offense, and
47:38
our discussion at that meeting was based on a mistaken assumption.
47:41
We suggest that mister Epstein enter two please, one to
47:45
the indictment and a second to a non registrable charge.
47:49
Left Kowitz set fourth arguments similar to those Sanchez had
47:52
presented to Louri, as to why registration based on the
47:55
facts alleged in this case simply does not make sense.
47:59
In the event that Acosta did not agree to their
48:01
proposed charges, left Kowitz offered as an alternative to stipulate
48:05
that the state offense would constitute a prior sexual offense
48:09
for purposes of enhanced recidivist sentencing should Epstein ever again
48:13
commit a federal sex offense against miners. As left Kowitz
48:17
further argued, by accepting this option, you would be substituting
48:21
the certainty of recidivists sentencing for the humiliation of registration.
48:25
Emails reflect that early that afternoon, Acosta, Lori, and Villa
48:29
Fauna discussed the matter in a conference call. Lefkowitz also
48:33
sent a revised version of the NPA to Villafauna that
48:37
omitted identification of the charge to which Epstein would plead guilty.
48:41
Later that day, Lefkowitz email DaCosta. I got a call
48:45
from Marie who said you had rejected our proposal. Does
48:48
that mean you are not even prepared to have Epstein
48:51
commit now to plead to the registrable offense near the
48:54
end of his eighteen month sentence, and then be sentenced
48:57
to twelve months community control for that charge. I thought
49:00
that was exactly what you propose Friday, although you wanted
49:03
but were not able to do it with some kind
49:05
of federal charge, But that still gives you a registrable offense.
49:09
Thirty months total and eighteen months in jail. How can
49:12
that not satisfy you while still ensuring that Epstein is
49:15
not unduly endangered in jail. A Costa responded, I do
49:19
not mean to be difficult, but our negotiations must take
49:22
place with the ausas assigned to the case. A Costa
49:26
added that he had spoken with Lori and Villa Fauna
49:29
and they had discretion to proceed as they believed just
49:32
and appropriate. A Costa copied Villa Fauna and she emailed
49:36
a Costa to thank them for the support. L The
49:39
defense adds a confidentiality clause. Throughout that Sunday evening left,
49:43
Kowitz had numerous email exchanges with Villa Fauna and apparently
49:47
a conference call with Lori, who was returning to Washington, DC,
49:51
and Villa Fauna. Later that evening left, Kowitz sent Villa
49:54
Fauna a new version of the NPA that for the
49:57
first time included a confidentiality turn. It is the intention
50:01
of the parties to this agreement that it is not
50:04
to be disseminated or disclosed, except pursuant to court order.
50:08
In the event, the government must disclose the agreement in
50:10
response to a request pursuant to the Freedom of Information Act,
50:14
the government agrees to provide EPSTEIN notice before the disclosure
50:18
of this agreement. After making additional revisions, Villa Fauna sent
50:23
this NPA to Acosta and Laurie as the final version,
50:26
asking Acosta to let her know what he thought of it.
50:29
Among her revisions, she changed the confidentiality provision to the following.
50:34
The parties anticipate that this agreement will not be made
50:38
part of any public record. If the United States receives
50:41
a Freedom of Information Act request or any compulsory process
50:44
commanding the disclosure of the agreement, it will provide notice
50:48
to EPSTEIN before making its disclosure. Seven September twenty four,
50:54
two thousand and seven, Acosta makes final leedits and the
50:57
NPA assigned the contemporaneum email show that Villa Fauna continue
51:02
to update Acosta as the party is negotiated the final language,
51:06
and that Acosta reviewed and edited the NPA. Shortly after
51:09
midnight on Monday, September twenty fourth, two thousand and seven,
51:13
Acosta sent Villafanna's small edits to the final NPA she
51:16
had sent to him. Among his changes was language modifying
51:20
provisions that appeared to require the state's attorney's office or
51:24
the state's court to take specific actions, such as requiring
51:28
the Epstein enter his guilty plea by a certain date.
51:31
Acosta explained in his email, I'm not comfortable with requiring
51:35
the state attorney to enter into a joint sentencing recommendation
51:39
or requiring a state court to stick with our timeline
51:42
for entry of the guilty plea in sentencing. Accordingly, Acosta
51:46
substituted language that required Epstein alone to make a binding
51:50
sentencing recommendation to the state court and required Epstein to
51:53
use his best efforts to enter his guilty plea and
51:56
be sentenced by the specified dates. Also instructed Villa Fauna
52:01
to restore a reference to Epstein's wish to reach global
52:04
resolution of his state and federal criminal liabilities. Louri, who
52:08
had returned to the department in Washington, d C. Had
52:11
a phone conversation with left Kowitz and sent additional comments
52:15
on the final draft to Acosta and Villa Fauna. Villafana
52:19
sent a new revision incorporating edits from Acosta and Lorii
52:22
to Leftkowitz later that morning. On the afternoon of September
52:26
twenty fourth, two thousand and seven, Villa Fauna circulated the
52:29
new final version of the NPA to Acosta, Sloman Lorii
52:33
and other supervisors and asked Lefkowitz to send her the
52:37
signed agreement. After Lefkowitz electronically transmitted to Villa Fauna a
52:41
copy of the NPA signed by Epstein, she emailed her
52:44
immediate supervisor and her co council. They have scanned and
52:48
emailed the signed agreement. It's done. In his transmittal email,
52:52
Leftkowitz asked Villa Fauna to please do whatever you can
52:55
to keep this from becoming public. Billifana responded, I have
52:58
forwarded your message only to Alex Andy and the West
53:02
pom Beach manager. I don't anticipate it going any further
53:05
than that. When I receive the originals, I will sign
53:08
and return one copy to you. The other will be
53:10
placed in the case file, which will be kept confidential
53:13
since it also contains identifying information about the girls. When
53:17
we reach an agreement about the attorney representative for the girls,
53:21
we can discuss what I can tell them and the
53:23
girls about the agreement. I know that Andy promised chief
53:27
writer an update when a resolution was achieved. The West
53:30
Palm Beach manager is calling, but he knows not to
53:33
tell Chief Writer about the money issue, just about what
53:35
crimes mister Epstein is pleading guilty to and the amount
53:38
of time that he has agreed to. He is also
53:41
telling Chief Writer not to disclose the outcome to anyone.
53:45
OPR questioned Villa Fauna about this email. She explained that
53:49
she generally kept confidential the terms of the resolution of
53:52
any case. She understood that the way that the Epstein
53:55
case was resolved needed to remain confidential, but the victims
53:59
could be informed about what happened because the NPA's terms.
54:02
They needed to know what the agreement was about. Villa
54:06
Fauna emailed the West Pom Beach manager asking him to
54:09
tell Palm Beach Chief Writer the good news, but leave
54:12
out the part about damages and explain that she wanted
54:15
to meet with the victims herself to explain how the
54:18
damaged provision would work. Villa Fauna also told them that
54:21
Lourie had asked that Writer share information about the NPA
54:25
only with the Palm Beach detective who had led the
54:28
state investigation of Epstein. Billa Fanna forwarded to Acosta Lorii
54:32
and the West pom Beach manager Leftwood's email asking that
54:35
the USAO try to keep the NPA from becoming public.
54:39
A Costa responded that the agreement already binds us not
54:42
to make public except as required by law under the
54:46
Freedom of Information Act, and asked what more does he want.
54:49
Villafana replied, my guess is that if we tell anyone else,
54:53
like the police chief or FBI or the girls, that
54:55
we asked them not to disclose. Soon thereafter, Acosta email
54:59
Lourie Lafauna and the West Palm Beach manager to set
55:02
up a call to discuss who we tell and how much,
55:06
adding nice job with a difficult negotiation. The final NPA
55:09
is signed by Epstein, his attorneys left Court, and Sanchez
55:13
and Villa Fauna contain the following pertinent provisions. Charges. Epstein
55:18
would plead guilty to the pending Palm Beach County indictment
55:21
plus one count of solicitation of miners to engage in
55:24
prostitution a registrable offense sentence. The parties would make a
55:28
joint binding recommendation for a thirty month sentence divided as follows,
55:33
consecutive terms of twelve months and six months in the
55:36
county jail without opportunity for withholding, adjudication or sentencing, and
55:41
without community control or probation, followed by twelve months a
55:44
community control consecutive damages. As long as the identified victims
55:50
proceed exclusively under US Code eighteen, Section twenty two to
55:53
fifty five, Epstein will not contest federal court jurisdiction or
55:57
the victim status as victims. The The USAO would provide
56:01
to Epstein a list of individuals that had identified as victims.
56:05
The USAO, with the good faith approval of Epstein's counsel,
56:08
would select an attorney representative for the victims, whom Epstein
56:12
would pay timing. Epstein would make his best efforts to
56:15
enter the guilty plea and be sentenced by October twenty six,
56:18
two thousand and seven. The USAO had no objections to
56:22
Epstein self reporting to begin serving a sentence by January fourth,
56:26
two thousand and eight. Immunity. The USAO would not initiate
56:30
criminal charges against any potential co conspirator of Epstein, including
56:34
four name personal assistants. Other Epstein was obligated to undertake
56:39
discussions with the state Attorney's office to ensure compliance with
56:43
this agreement. Epstein waved his right to appeal. Epstein agreed
56:47
that he would not be afforded any benefit with respect
56:49
to gain time or other rights, opportunities and benefits not
56:53
available to any other inmate. The federal investigation would be
56:57
suspended and all pending legal processes he held in abeyance
57:01
unless and until Epstein violated any term of the agreement.
57:05
Evidence requested by or directly related to the pending legal process,
57:09
including certain computer equipment, would be kept in violate until
57:13
all the NPA terms had been satisfied. Breach, the USAO
57:18
would be required to notify Epstein of any alleged breach
57:20
of the agreement within ninety days of the expiration of
57:23
the term of home confinement, and would be required to
57:26
initiate prosecution within sixty days thereafter disclosure. The parties anticipated
57:32
that the agreement would not be made part of any
57:34
public record, and if the USAO received a Freedom of
57:38
Information Act request or compulsory process commanding disclosure of the agreement,
57:43
it would provide notice to Epstein before making any disclosure.
57:47
That evening Leftkowitz emailed Lori to express concerns about the
57:50
notification he understood would be given to Chief writers, stating
57:54
I am very concerned about leaks unduly prejudicing Jeffrey Epstein
57:58
in the media. He added, I have enjoyed working with
58:02
you on this matter. Laurie responded with an assurance that
58:05
writer notification was only so he does not find out
58:08
about it in the paper, and he concluded I enjoyed
58:11
it as well. Mister Epstein was fortunate to have such
58:14
excellent representation. All Right, we're going to wrap up this
58:17
episode here and in the next episode we're going to
58:19
pick up with post NPA negotiations. All of the information
58:24
that goes with this episode can be found in the
58:27
description box.