Epstein Secrets

tant Attorney General Sigal Mandelker Deputy Assistant Attorney General Andrew Oosterbaan Chief, CEOS Office of the Deputy Attorney General Mark Filip Deputy Attorney General John Roth Senior Associate Deputy Attorney General A. February - May 15, 2008: Review by CEOS and the Criminal Divisi

ys in which they have tried to breach the agreement to convince you guys to let me indict.” In Washington, D.C., Lourie consulted with CEOS Chief Oosterbaan, asking for his thoughts on defense counsel’s arguments. At the same time, at Lourie’s request, Villafaña sent the NPA and its addendum to Lourie

upport the prosecution.” On March 6, 2008, Acosta alerted Sloman and Oosterbaan that Starr and Lefkowitz had called him to express “concern” about Oosterbaan’s participation in the case, and indicated that “they may ask for more senior involvement.” Acosta “informed them that they certainly had the righ

omplaints, and asked her to meet with him, Lefkowitz, and Whitley. Meanwhile, Oosterbaan’s Deputy Chief drafted a decision letter to be sent from Oosterbaan to Lefkowitz, and over the course of several weeks, it was reviewed by and received input from Deputy Assistant Attorney General Mandelker and Assi

lenging both the sufficiency of the evidence and the federal interest in the case. At this point, Epstein sought review from Deputy Attorney General Mark Filip (Exhibit B- 33), and he hired Joe Whitley to join his defense team. I was informed that Epstein's deadline to enter his guilty plea would be extende

ry led me to conclude that the inclusion of a provision under § 2255 would be the best way to protect the victims' right to restitution. CEOS Chief Oosterbaan described the agreement as "a very significant result that will serve the victims well" (Exhibit 71). I should note that a plea to one of the feder

hel had engaged in plea discussions with Lilly Ann Sanchez. (Exhibit 3.) The second was in early September 2007 after my discussion with CEOS Chief Drew Oosterbaan regarding this subject. (Exhibit 44.) Later, I believe after the NPA was already signed, Jeff Sloman told me that the Office had taken the position

at the relevant time. During the period most relevant to this Report, the Attorney General was Michael Mukasey, the Deputy Attorney General was Mark Filip, and the Assistant Attorney General for the Criminal Division was Alice Fisher. The Chief of CEOS was Andrew Oosterbaan. The U.S. Attorney’s

t despite Oosterbaan’s favorable opinion of the case, “[t]his was . . . a bit of uncharted territory,” involving facts that were unlike the case law Oosterbaan had cited. Although Lourie had some concerns about the legal issues and about the witnesses, he “probably” did not see any impediment to going for

d in the case and describing it as a “highly sensitive” case involving “a high profile, very rich defendant.”39 After CEOS reviewed the materials, Oosterbaan responded to Lourie with an email stating that the memorandum was “exhaustive” and “well done” and noting that Villafaña “has correctly focused on

notification letter and agree that the 323 In his June 3, 2008 letter to Deputy Attorney General Mark Filip, Sloman wrote, “Acosta again consulted with DAAG Mandelker who advised him to make the following proposal [to defer notification to the State Attorn

to proceed in the same fashion even if he had sought and received a full briefing 258 CEOS Chief Oosterbaan told OPR this provision was “very unusual.” Principal Associate Deputy Attorney General John Roth commented, “I don’t know how it is that you give

er with Sloman after Menchel’s departure. Despite these discussions, though, it is not clear that Acosta was aware of certain information, such as Oosterbaan’s strong opinion from the outset in favor of the prosecution or of Villafaña’s concerns and objections to a state-based resolution or the final NPA.

13 1 Kenneth W. Starr Joe D. Whitley Kirkland & Ellis LLP Alston & Bird LIP May 19, 2008 VIA FACSIMILE (202) 514.0467 CONFIDENTIAL honorable Mark Filip Office of the Deputy Attorney General United States Department of Justice Dear Judge Filip: In his confirmation hearings last fall, Judge Mukasey

District of Florida, for making misrepresentations during a prior sentencing proceeding. In fact, Stephanie Thacker, a former deputy to CEOS Chief Drew Oosterbaan, has stated that she knew of no other case like this being prosecuted by CEOS. • 3 RIP MIA 006480 EFTA00208961 KIRKLAND & ELLIS LLP 12. In A

n oral presentation to supplement our written submissions, and we will promptly respond to any inquiries you may have. cc: Deputy Attorney General Mark Filip current representation that "(Me SDFL ur Kenneth W. Starr 08-80736-CV-MARRA RFP WPB 001669 EFTA00209848 KIRKLAND & ELLIS LLP SUBMISSION TO T

District of Florida, for making misrepresentations during a prior sentencing proceeding. In fact, Stephanie Thacker, a former deputy to CEOS Chief Drew Oosterbaan, has stated that she knew of no other case like this being prosecuted by CEOS. 3 08-80736-CV-MARRA RFP WPB 001656 EFTA00209835 KIRKLAND & ELLI

retion should he authorize federal prosecution of Mr. Epstein." Epstein's attorneys then sought additional review with the Deputy Attorney General, Mark Filip. Written submissions were made to the Deputy Attorney General, in support of Epstein's claims that the U.S. Attorney had abused his prosecutorial di

-page letter 2 EFTA00211465 to Epstein's attorney, Jay Lefkowitz, Esq., in which he reviewed the factual and legal issues raised by Epstein. Mr. Oosterbaan concluded that federal prosecution of Epstein "would not be improper or inappropriate." Consequently, United States Attorney Acosta "would not be ab

B-37 5/19/2008 Lefkowitz Sloman Letter setting June 2, 2008 deadline to comply with terms and conditions of the NPA B-32 5/27/2008 Honorable Mark Filip, DAG Kenneth Starr Request for independent review of Epstein matter B-33 5/27/2008 Emails between A. Marie Villafana and Karen Atkinson regarding

o conduct "due diligence" on selection of Podhurst firm 11/27/2007 Plea Notification Letter at 7:11 pm B 3 11/28/2007 A. Marie Villafaiia, A. Oosterbaan, R. Garcia A. Laurie Email re non-prosecution agreement with attached correpondence 11/28/2007 Alice S. Fisher, Assistant Attorney General S

B-37 5/19/2008 Lefkowitz Sloman Letter setting June 2, 2008 deadline to comply with terms and conditions of the NPA B-32 5/27/2008 Honorable Mark Filip, DAG Kenneth Starr Request for independent review of Epstein matter B-33 5/27/2008 Emails between A. Marie Villafana and Karen Atkinson regarding

conduct "due dilligence" on selection of Podhurst firm 11/27/2007 Plea Notification Letter at 7:11 pm )3-3 11/28/2007 A. Marie Villafaiia, A. Oosterbaan, R. Garcia A. Lourie Email re non-prosecution agreement with attached correpondence 11/28/2007 Alice S. Fisher, Assistant Attorney General S

an oral presentation to supplement our written submissions, and we will promptly respond to any inquiries you may have. cc: Deputy Attorney General Mark Filip HOUSE_OVERSIGHT_012140 --- PAGE BREAK --- MAIN SUBMISSION HOUSE_OVERSIGHT_012141 --- PAGE BREAK --- KIRKLAND & ELLIS LLP SUBMISSION TO THE OFF

n District of Florida, for making misrepresentations during a prior sentencing proceeding. In fact, Stephanie Thacker, a former deputy to CEOS Chief Drew Oosterbaan, has stated that she knew of no other case like this being prosecuted by CEOS. HOUSE_OVERSIGHT_012162 --- PAGE BREAK --- 12. 13. 14, 15. 16.