Villafana, Ann Marie C. (USAFLS) From: Villa/one, Ann Marie C. (USAFLS) Sent: Monday. September 10, 2007 3:52 PM To: Sloman, Jeff (USAFLS) Subject: Plea Hi Jeff—Just talked with Andy. I am sure that he communicated these thoughts, but I wanted to mention a couple of things that I hoped to talk to you about. There are two things that I think might lx tricks up the sleeves of the defense. First, Lilly Ann had mentioned in our Miami meeting with all the defense attorneys that Epstein would be willing to do a split sentence of community control followed by jail time because, in the state system, if you complete community control without a violation, the jail time is convened to probation or more community control. Second, it wasn't clear that Epstein would be pleading to a child sex offense that involves sex offender registration. Third, I mentioned to Andy that the revised indictment references 19 victims, so 15 months is less than 1 month per victim. I agree that this is a reasonable counteroffer in light of our starting position of 24 months, but this is a really low sentence. So, whatever the U.S. Attorney decides to do, can we please follow with a version of my written non- prosecution agreement? That will allow us to avoid any state shenanigans and will keep the defense on a strict timeline. Before this counter-offer, I was going to propose that we include in our response to Messrs. Starr and Lefkowitz one page of the draft overt acts section. I have attached the proposed overt acts related to two of the girls, as an example. Wert acts Insert.wpd A. Marie Villafaaa Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Exhibit 46 Tracking: EFTA00193716