Villafana, Ann Marie C. (USAFLS) From: Lourie, Andrew (USAFLS) Sent: Thursday, September 13, 2007 7:28 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Re: Epstein plea U can give him my cell. If he calls me early I will be in car Sent from my BlackBerry Wireless Handheld Original Message From: Villafana, Ann Marie C. (USAFLS) <[email protected]> To: Lourie, Andrew (USAFLS) <[email protected]> Sent: Thu Sep 13 19:23:59 2007 Subject: RE: Epstein plea Hi Andy -- It would still have to be a conspiracy to commit an assault on a plane. I just want to make sure that we have something that is factually accurate. Just trying to plan ahead. I just got an e-mail from Jay Lefkowitz asking if I am free to talk tomorrow at 9:00. Will you be in then? I have to report to the hospital at 10:15. A. Marie Villafaha Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Original Message From: Lourie, Andrew (USAFLS) Sent: Thursday, September 13, 2007 7:20 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Re: Epstein plea He is going to give us an assault on the plane or we can do conspiracy Sent from my BlackBerry Wireless Handheld Original Message From: Villafana, Ann Marie C. (USAFLS) <[email protected]> To: Acosta, Alex (USAFLS) <[email protected]>; Sloman, Jeff (USAFLS) <[email protected]>: Garcia, Rolando (USAFLS) <[email protected]> CC: Atkinson, Karen (USAFLS) <[email protected]>; Lourie, Andrew (USAFLS) <[email protected]> Sent: Thu Sep 13 18:58:18 2007 Subject: Epstein plea Hi all - I have not heard back from any of Mr. Epstein's attorneys today about the plea, but I know that they are out for the holiday. I will be out tomorrow, so today I finished the indictment package if we decide to go forward. It currently is with Karen Atkinson. 17 EFTA00193740

I then paged through Title 18, and came up with two possibilities. 18 U.S.C. § 403 is a misdemeanor with a one year statutory maximum for violation of the privacy rights of a child victim. We would have to show an intentional disclosure of documents or information concerning a child victim to someone other than a participant in the legal proceedings. When the state prosecution first hit the press, Epstein's attorneys (especially Roy Black) made statements about the "credibility" of some of the child victims, with specific identifying information, and I would base two charges on information disclosed about two of the victims. 18 U.S.C. § 1512(d) is also a misdemeanor with a one year statutory maximum. We would have to show that Epstein (or someone on his behalf) intentionally harassed another person to hinder, delay, prevent, or dissuade the person from reporting to a law enforcement officer the commission or possible commission of a federal offense, or to dissuade the person from causing a criminal prosecution to be sought or instituted. Three girls have mentioned exertions of pressure to keep them from reporting the offenses or talking to law enforcement. My guess is that he will object to these charges because he would have to plead to two counts, which would expose him to the potential of a 24-month sentence. If he does so, I recommend that we reconsider the Rule 11 plea rather than try to create violations out of whole cloth. I also determined that a defendant who receives a prison sentence on a misdemeanor offense is also eligible for one year of supervised release. Another option is a plea to 47 U.S.C. § 223(a)(1)(6), which prohibits someone "in interstate or foreign communications, by means of a telecommunications device knowingly -- . . . (ii) initiates the transmission of any . . . . request, suggestion, proposal, . . . or other communication which is obscene . . . knowing that the recipient of the communication is under 18 years of age, regardless of whether the maker of such communication placed the call or initiated the communication." This is a felony offense, with a two-year statutory maximum. To move things along, I have put together an information package assuming a plea to two counts of violating section 403. I will leave that info with Karen as well, in case you want to make any changes tomorrow. Thank you. A. Marie Villafaha Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 18 24 EFTA00193741