Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Wednesday, January 02, 2008 11:09 AM To: Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS) Subject: Follow up re Epstein Hi Alex and Jeff— Hope you had a happy and safe New Year's Day. I did check, and if Epstein pleads to conspiracy to violate 2422(6), pursuant to 18 USC 371, he will still be classified as a Tier 2 sex offender (the same as if he were convicted of the substantive offense). Assuming that Jay calls and says that Epstein wants to plead to a federal offense, I would like to recommend a plea to a two-count information. Count I would be the 371 offense and Count 2 would be conspiracy to travel in interstate commerce to engage in illicit sexual conduct, in violation of 18 USC 2423(6), all in violation of 2423(e). Both of those crimes have no mandatory minimum. The statutory max for the 371 is 60 months and the statutory max for 2423(e) is 30 years. I would like to include 2423(e) in case any of the victims try to sue under 2255 and Epstein claims that they are ineligible because 371 isn't one of the enumerated sections listed in 2255. There is very little Il th Circuit case law related to ABA pleas, but the cases from other circuits suggest that there should be no problem. I would recommend that we not mention or suggest the idea of a conditional plea. If they want to make a counteroffer, they can do so. If so, I recommend that they be forced to specify the exact issue they wish to preserve on appeal. They also will ask us to: agree that Epstein can go to a "camp," agree to waive the PSI, and agree that Epstein be placed on bond and remain on bond pending appeal. I suggest that we not agree to any of those, but leave them to the judge's discretion. I'm not sure when Bob will be back and able to finish his review, but can we set January I8t as the deadline for signing a plea agreement and January 25th as the deadline for the change of plea? If we file the Information by January 18th, we should be able to get an initial/arraignment and change of plea set up for the 25th. We also should discuss how we meet our discovery obligations but also keep Epstein from using this as a means to see all of our discovery and then decide that he wants to go to trial anyway. I will send a proposed plea agreement to you later today. Thanks. A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Tracking: 2055 08-80736-CV-MARRA P-014508 EFTA00194182