Epstein Secrets

ly to reach the;Palm Beach area. U.S. Attorney's Correspondence at 29. 13. On about September 24, 2007, the U.S. Attorney's Office sent an e-mail to Jay Lefkowitz, criminal defense counsel for Epstein, regarding the agreement. The e-mail stated that the Government and Epstein's counsel U.S. Attorney's Corresp

ein's counsel U.S. Attorney's Correspondence at 153 (emphases added). 14. On about September 25, 2007, the U.S. Attorney's Office sent an e-mail to Lefkowitz stating: U.S. Attorney's Correspondence at 156. 15. On about September 26, 2007, the U.S. Attorney's Office sent an e-mail to Lefkowitz in which

LSD Docket 03/21/2011 Page 7 of 42 felony offenses and would serve only county jail time. Many of the negotiations are reflected in e-mails between Lcfkowitz and the U.S. Attorney's Office. See generally Exhibit "A." 10. The evidence supporting these charges was overwhelming, including the interlocking

y's Office in light of the pre- existing state investigation. In addition to the authorities cited above, the Supreme Court's decision in Heckler'. Chaney, 470 U.S. 821 (1985), further supports the interpretation that the CVRA does not provide for judicial intervention in a case where no criminal charg

o a mere two state prostitution-solicitation charges and agree to an 18-month sentence in the county jail. On September 16, 2007, Epstein's counsel Jay Lefkowitz sent the U.S. Attorney's Office a proposed written agreement, wherein the Office would extend immunity from federal prosecution to Epstein and cer

federal immunity. The co-conspirators did not sign the NPA and were not listed as parties to it. 7 As the NPA was being signed. Epstein's attorney Lefkowitz e-mailed AUSA Villafana, requesting: "Marie— Please do whatever you can to keep this (NPA) from becoming public." AUSA Villafana assured Lefkowitz that

ates in their control over criminal prosecutions. Id. (quoting United States v. Cox. 342 F.2d 167, 171 (5th Cir. 1965)); accord. e.g.. Heckler v. Chaney, 470 U.S. 821. 832, 105 S.Ct. 1649, 84 L.Ed.2d 714 (1985) ("gyre decision of a prosecutor in the Executive Branch not to indict ... has long been r

victim elected to proceed exclusively under § 2255, as opposed to a civil damages action). 6 As the Agreement was being signed, Epstein's attorney Jay Lefkowitz e-mailed AUSA Villafana, requesting: "Marie - Please do whatever you can to keep this [Agreement] from becoming public." (emphasis added). AUSA Vil

illafana, requesting: "Marie - Please do whatever you can to keep this [Agreement] from becoming public." (emphasis added). AUSA Villafafia assured Lefkowitz that the Agreement would be kept confidential. 7 For example, in a December 6, 2007 letter, AUSA Villafana informed Lefkowitz that "fsjection 3771

ons, until they come before the court to which they are returnable, are within the exclusive direction of the district attorney ....'); Heckler v. Chaney, 470 U.S. 821, 832, 105 S. Ct. 1649, 1656, 84 L.Ed.2d 714 (1985) r[T]he decision of a prosecutor in the Executive Branch not to indict ... has lon

ng down, we just want to get a final blessing.” Negotiations continued throughout the day on Wednesday, September 19, 2007, with Villafaña and Lefkowitz exchanging emails regarding the factual proffer for a plea and the scheduling of a meeting to finalize the plea agreement’s terms. During that exc

deputy and with whom he had socialized. Later, when Epstein was seeking Acosta’s personal involvement in the case, Epstein hired Kenneth Starr and Jay Lefkowitz, prominent attorneys from Kirkland & Ellis with whom Acosta was acquainted from his previous employment with that firm. Villafaña told OPR that s

ection be available for the decision not to charge.” Id. at 41 (emphasis in original). Finally, in an analogous area of the law, in Heckler v. Chaney, 470 U.S. 821 (1985), the Supreme Court concluded that an agency’s decision not to undertake an enforcement action is not reviewable under the fede