Villafana, Ann Marie C. (USAFLS) From: Sloman, Jeff (USAFLS) Sent: Friday, August 01, 2008 5:16 PM To: Lee, Dexter (USAFLS); Acosta, Alex (USAFLS) Cc: Villafana, Ann Marie C. (USAFLS); Jacobus, Wendy (USAFLS); Senior, Robert (USAFLS) Subject: RE: Jane Doe Litigation Dexter, Page 5, paragraph 13 of the Non-Prosecution Agreement states: "The parties anticipate that this agreement will not be made part of any public record. If the United States receives a Freedom of Information Act request or any compulsory process commanding the disclosure of the agreement, it will provide notice to Epstein before making that disclosure." Providing the agreement to Edwards, without a FOIA request or Court order and notice to Epstein, would place us in breach. Therefore, I do not believe we can disclose it to Edwards at this stage. I don't know whether meeting with Edwards without the agreement would help resolve this matter. Jeff From: Lee, Dexter (USAFLS) Sent: Friday, August 01, 2008 3:54 PM To: Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS) Cc: Villafana, Ann Marie C. (USAFLS); Jacobus, Wendy (USAFLS) Subject: Jane Doe Litigation Alex and Jeff, On Tuesday evening, July 29, I filed with the Court our notice advising that the government did not believe an evidentiary hearing was necessary, since there were only two facts which were relevant: (1) no federal charges in 5.D.Fla. against Jeffrey Epstein; and (2) Epstein plead guilty to state charges on June 30, 2008, was sentenced, and is in jail in Palm Beach County. On Wednesday, I received an urgent phone message from Brad Edwards, counsel for the victims. He said he needed to speak with me to determine if this matter couldn't be resolved without a hearing or further intervention from the Court. When I called him back, Edwards told me he had obtained a copy of the state court plea bargain, and realized Epstein was going to be on probation after his incarceration was completed. Edwards understood that, if Epstein violated his probation, that could be a basis for further charges against Epstein. The tenor of his conversation was that, since he knew more, he could be convinced that his clients' interests are adequately protected by the deferral of prosecution agreement. Edwards requested: (1) a copy of the agreement between the USAO and Epstein; and (2) the opportunity to meet with USAO representatives about the agreement and how the provisions would work. I told him the agreement contained a confidentiality provision, and had been filed under seal in state court, but I would determine if it had been publicly filed anywhere. 336 EFTA00193610