Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) <[email protected]> Sent: Monday, November 24, 2008 12:29 PM To: Roy BLACK Cc: Atkinson, Karen (USAFLS) Subject: Jeffrey Epstein Attachments: 081124 Villafana lir to Black.pdf Dear Roy: Please review the attached letter. Thank you. Marie «081124 Villafana itr to Black.pdf» A. Marie Villafaiia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 556 EFTA00190407

U.S. Department of Justice United States Attorney Southern District of Florida DELIVERY BY ELECTRONIC MAIL Roy Black, Esq. Black Srebnick Komspan & Stumpf P.A. 201 S. Biscayne Blvd, Suite 1300 Miami, FL 33131 Re: Jeffrey Epstein Dear Roy: 500 S. Australian Ave, Ste 400 West Palm Beach, FL 33401 (561) 820-8711 Facsimile: (56!) 820-8777 November 24, 2008 On Thursday I learned that Mr. Epstein applied for and was admitted to the Palm Beach County Sheriff's Office's work release program and that he has been on work release for the past few weeks. For the following reasons, the Office believes that Mr. Epstein's application to and participation in the work release program is a material breach of the Non- Prosecution Agreement. Accordingly, the United States demands that Mr. Epstein withdraw his application to participate in the program and complete his eighteen-month term of imprisonment in accordance with the Non-Prosecution Agreement. The Non-Prosecution Agreement provides that Epstein "shall be sentenced to consecutive terms of twelve (12) months and six (6) months in county jail for all charges, without any opportunity for withholding adjudication or sentencing, and probation or community control in lieu of imprisonment." I have more than a dozen e-mails between myself and Jay Lefkowitz discussing the U.S. Attorney's insistence on eighteen months of incarceration. You will recall that at one meeting you and Ms. Sanchez raised the idea of Mr. Epstein hiring Sheriff's Deputies to guard him as equivalent to imprisonment. Mr. Acosta specifically rejected that suggestion. It is our understanding from the Sheriff's Office that Mr. Epstein is paying off-duty Sheriff's Deputies to guard him while he "works" at Mr. EFTA00190408

Roy BLACK, EsQ. NOVEMBER 24, 2008 PAGE 2 OF 4 Goldberger's office building each day. As you remember, shortly before Mr. Epstein's change of plea, Mr. Goldberger sent me a copy of the proposed plea agreement with the state. On June 27, 2008, I sent a letter containing the following language to you and Mr. Goldberger: The U.S. Attorney's Office hereby provides Notice that the proposed sentencing provision does not comply with the terms of the Non-Prosecution Agreement. The second sentencing paragraph of the proposed plea agreement reads: On 08CF009381AMB, the Defendant is sentenced to 18 months Community Control I (one). As a special condition of this Community Control, the Defendant must serve the first 6 months in the Palm Beach County Detention Facility . . . The Non-Prosecution Agreement specifically provides: Epstein shall be sentenced to consecutive terms of twelve (12) months and six (6) months in county jail for all charges, . . . without probation or community control in lieu of imprisonment. Thus, the proposed plea agreement with the State Attorney's Office does not comply with the terms of the Non-Prosecution Agreement. To comply with the Agreement, Mr. Epstein must make a binding recommendation of eighteen months imprisonment, which means confinement twenty-four hours a day at the County Jail, and the judge must accept that recommendation. Community control must follow that term of incarceration. (Emphasis in original.) As 1 specified in that letter, the Non-Prosecution Agreement calls for "confinement twenty-four hours a day." In response to that letter, Mr. Goldberger agreed that he would revise the state plea agreement to include the word "imprisonment" to make clear that Mr. Epstein would be incarcerated for the full eighteen months and would change the language of the state agreement to match the language of the federal agreement. Mr. Goldberger and I also discussed the situation and he made clear that Mr. Epstein would not be asking for or receiving work release and would remain in jail "around the clock." In early August, Karen Atkinson and I raised the same issue with you when we heard EFTA00190409

ROY BLACK, ESQ. NOVEMBER 24, 2008 PAGE 3 OF 4 that Mr. Epstein was considering applying for work release. On August 6, 2008, Ms. Atkinson and I had a conference call with you wherein you again stated that Mr. Epstein would not apply for or receive work release and would spend his eighteen months incarcerated twenty-four hours a day at the Palm Beach County Stockade. In preparation for this letter, I obtained a certified copy of Mr. Epstein's state court file. On June 30, 2008, on the procurement of minors charge, Judge Pucillo entered the following sentence: The defendant is hereby committed to the custody of the Sheriff of Palm Beach County, Florida for a term of 6 mos. It is further ordered that the Defendant shall be allowed a total of I days [sic] as credit for time incarcerated prior to imposition of this sentence. It is further ordered that the composite term of all sentences imposed for the counts specified in the order shall run consecutive to the following: Specific sentences: 2006CF9454AXX. . . . the following provisions apply to the sentence imposed: . . . Followed by a period of 12 mos on community control 1 under the supervision of the Department of Corrections .. . . As I learned on Friday when I received the state court file, you neglected to inform our Office that, on July 21, 2008, Judge McSorley modified the judgment nunc pro tune to an "Order of Community Control I." This same language was the basis for the objection in my letter of June 26, 2008 and directly contradicts the language of the Non-Prosecution Agreement. I also note that, on the state plea agreement, Mr. Goldberger did not insert the word "imprisonment" as agreed prior to the change of plea, instead the words "jail sentence" are included. The Office's Agreement not to prosecute Mr. Epstein was based upon its determination that eighteen months' incarceration (i.e., confinement twenty-four hours a day) was sufficient to satisfy the federal interest in Mr. Epstein's crimes. Accordingly, the U.S. Attorney's Office hereby gives notice that Mr. Epstein has violated the Non-Prosecution Agreement by failing to remain incarcerated twenty-four hours a day for the eighteen-month EFTA00190410

Roy BLACK, ESQ. NOVEMBER 24, 2008 PAGE 4 OF 4 term of imprisonment. The United States will exercise any and all rights it has under the Non-Prosecution Agreement unless Mr. Epstein immediately ceases and desists from his breach of this Agreement. Sincerely, R. Alexander Acosta United States Attorney By: A. Marie Villafafta Assistant United States Attorney cc: Karen Atkinson, Chief, Northern Division EFTA00190411

JANE DOE I. UNITED STATES COURT FILE NO. 08-80736-CV-MARRA THIRD SUPPLEMENTAL PRIVILEGE LOG - BOX #5 Bates Range Description Privilege(s) Asserted P-014924 5/27/2008 emails between A.M. Villafafia and K. Atkinson regarding report of new state plea deal for J. Epstein Work Product Deliberative Process P-014925 thru P-014927 5/27/2008 emails between A.M. Villafatia, R. Senior, J. Sloman, and K. Atkinson regarding potential renewed plea negotiations for J. Epstein and plans to review and revise updated indictment package Work Product Deliberative Process Investigative Privilege 6(e) P-014928 5/23/2008-5/27/2008 emails between A.M. Villafafia„ E.N. Kuyrkendall, and J. Richards regarding plans to meet to prepare for indictment presentation, service of grand jury subpoenas. interviews of additional witnesses, and plea negotiation issue Attorney-Client Privilege Investigative Privilege 6(e) Privacy Act/TVPA/CVRA P-014929 thru P-014933 5/27/2008-5/28/2008 emails between A.M. Villafafia, E. Nesbitt Kuyrkendall, and J. Richards regarding request for legal analysis of statute of limitations issues under state and federal law Attorney-Client Privilege Investigative Privilege 6(e) Privacy Act/TVPA/CVRA P-014934 thru P-014935 5/27/2008-5/28/2008 emails between A.M. Villafafia, J. Sloman, R. Senior, K. Atkinson, and R. Garcia regarding report of new state plea deal for J. Epstein Work Product Deliberative Process P-014936 thru P-014940 5/29/2008-5/30/2008 emails between A.M. Villafiuia, J. Sloman, R. Senior, K. Atkinson, E. Nesbitt Kuyrkendall, and J. Richards regarding planned grand jury presentation, status of investigation, possible grant of immunity to victim/witness for grand jury testimony Work Product Attorney-Client Privilege 6(e) Investigative Privilege Deliberative Process Privacy Act/TVPA/CVRA Pare 1 of 7 EFTA00190412

Bates Range Description Privilege(s) Asserted P-014941 thru P-014954 6/2/2008 draft letter to Deputy Attorney General Mark Filip regarding reasons to approve continued prosecution of J. Epstein (NB: The Court has already determined that final version of this letter is protected by Work Product/Deliberative Process/Attorney-Client Privileges) Work Product 6(e) Deliberative Process Investigative Privilege PM 14955 thru P-014971 6/3/2008 draft letter to Deputy Attorney General Mark Filip regarding reasons to approve continued prosecution of J. Epstein (NB: The Court has already determined that final version of this letter is protected by Work Product/Deliberative Process/Attorney-Client Privileges) Work Product 6(e) Deliberative Process Investigative Privilege P-014972 thru P-014975 6/6/2008 emails between A.M. Villafafta and E. Nesbitt Kuyrkendall regarding victim/witness subpoenaed to the grand jury and need for additional grand jury subpoenas Attorney-Client Privilege Investigative Privilege 6(e) Privacy Act/TVPA/CVRA P-014976 6/18/2008 emails between A.M. Villafafia, R. Senior, A. Acosta, J. Sloman, R. Garcia, and K. Atkinson regarding telephone conference with R. Black about allowing J. Epstein to accept state plea to 60 days' imprisonment. Work Product Deliberative Process P-014977 thru P-014978 6/19/2008 email forwarding 6/19/2008 email from B. Edwards to E. Nesbitt Kuyrkendall and J. Richards (NB: Asserting privilege only for A.M. Villafana email. Attorney Edwards presumably has copy of his email to A.M. Villafafla) Attorney-Client Privilege Investigative Privilege P-014979 thru P-014980 6/23/2008 emails between A.M. Villafaiia, A. Fernandez, and S. Ball (USAO staff) regarding scheduling of grand jury time for indictment presentation and witness testimony (Information regarding unrelated grand jury case redacted) Work Product Investigative Privilege 6(e) PM14981 6/23/2008 emails between A.M. Villafatia, E. Nesbitt Kuyrkendall, J. Richards, K. Atkinson, and R. Senior regarding grand jury subpoena to victim/witness, revisions to indictment, planned grand jury presentation. and plans to supersede indictment Attorney-Client Privilege Work Product 6(e) Investigative Privilege Deliberative Process Privacy Act/TVPA/CVRA Page 2 of 7 EFTA00190413

Bates Range Description Privilege(s) Asserted P-014982 thru P-014990 6/25/2008 emails between A.M. Villafafia. J. Sloman, R. Senior, K. Atkinson, and A. Acosta regarding draft of notification of victim list for J. Epstein counsel with attached drafts (NB: Final list, with victim names redacted. has been produced to counsel for Petitioners) Work Product Deliberative Process P-014991 thru P-015004 6/23/2008-6/26/2008 emails between A.M. Villafaria and counsel for grand jury witness/victim regarding immunity and travel for grand jury appearance 6(e) Investigative privilege Privacy Act/TVPAJCVRA P-015005 thru P-015006 6/28/2008 emails between A.M. Villafafia, J. Sloman, A. Acosta, and R. Senior regarding correspondence with J. Goldberger and proposed change to state plea agreement Work Product Deliberative Process Attorney-Client Privilege P-015007 7/3/2008 emails between A.M. Villafafta, J. Sloman, and A. Acosta regarding telephone conf. with B. Edwards and regarding meeting with Sheriff's Office about work release program Work Product Deliberative Process P-015008 thru P-015024 7/8/2008 emails between D. Lee, K. Neal (Attorney Advisory, Victim Witness Staff, EOUSA), and A.M. Villafaila regarding filing of Petitioners' suit, with attached Draft of Villafafia Declaration and initial Petition (DEI) (NB: Privilege is not being asserted for second attachment (DE1). Attachment was prepared by petitioners and is not being produced because it is within their custody and control.) Work Product Deliberative Process P-015025 thru P-015028 7/8/2008 email from A.M. Villafafia to D. Lee, A. Acosta, and J. Sloman regarding victim notification letter provided to counsel for J. Epstein on 11/28/2007 with attachment (NB: The 11/28/2007 email to J. Lefkowitz with attachment will be produced to petitioners' counsel contemporaneously with the filing of this log) Work Product Deliberative Process P-015029 thru P-015034 7/7/2008-7/8/2008 emails between A.M. Villafafia and D. Lee regarding background of J. Epstein investigation, negotiations, and victim notifications, and forwarding earlier emails related to Lee questions Work Product Deliberative Process Attorney-Client Privilege Page 3 of 7 EFTA00190414

Bates Range Description Privilege(s) Asserted P-015035 thru P415062 7/8/2008-7/9/2008 emails between A.M. Villafafia, J. Sloman, D. Lee, A. Acosta, K. Atkinson. K. Herd, K. Neal, K. Manning, and W. Jacobus regarding response to Jane Doe suit, procedure for filing, and internal office policies Work Product Deliberative Process P-015063 thru P-015069 7/11/2008-7/14/2008 emails between D. Lee, A.M. Villafafia, K. Herd, K. Neal, A. Acosta, J. Sloman, and W. Jacobus re outcome of hearing in Jane Doe I. U.S. suit and contact from counsel for J. Epstein Attorney-Client Privilege Work Product Deliberative Process P415070 thru P-015071 7/14/2008-7/15/2008 emails between A.M. Villafafia, E. Nesbitt Kuyrkendall, J. Richards, and T. Smith regarding FBI victim notifications and guidance regarding language to use and information to provide Attorney-Client Privilege P-015072 thru P-015074 7/17/2008 email from J. Sloman to A. Acosta, A.M. Villafafia, K. Atkinson. and Dexter Lee with attached draft of letter to M. Tein regarding misrepresentations in filings on behalf of J. Epstein in civil suits Work Product Deliberative Process P-015075 thru P415081 7/18/2008-7/21/2008 emails between A.M. Villafafia, J. Sloman, E. Nesbitt Kuyrkendall, J. Richards, D. Lee, and K. Atkinson regarding preparation of victim notification letters, victim contact list, filing of victim notification letter in a civil proceeding, and contact by B. Edwards with one victim opining that sentence imposed was insufficient Attorney-Client Privilege Work Product Investigative Privilege P-015082 thni P-015084 7/21/2008 emails between A.M. Villafaria, J. Sloman, R. Senior, D. Lee, K. Atkinson, E. Nesbitt Kuyrkendall, and J. Richards regarding ongoing victim notification process and Epstein filings in state court litigation related to federal grand jury investigation Work Product Attorney-Client Privilege Deliberative Process 6(e) P-015085 thru P-015090 7/22/2008 emails between A.M. Villafafia, A. Acosta, J. Sloman, R. Senior, K. Atkinson, E. Nesbitt Kuyrkendall, and J. Richards regarding 7/2112008 letter from M. Tein announcing plan to stay the civil suits against .1. Epstein and notification that B. Reinhart is counsel of record for S. Kellen in civil suits (NB: Tein letter is being produced to petitioners' counsel concurrently with production of this privilege log) Work Product Attorney-Client Privilege Deliberative Process Page 4 of 7 EFTA00190415

Bates Range Description Privilege(s) Asserted P415091 thru P-015092 7/22/2008 emails between A.M. Villafafla and E. Nesbitt Kuyrkendall regarding ongoing victim notification process Attorney-Client Privilege 6(e) Investigative Privilege Privacy Act/TVPA/CVRA P-015093 thru P-015097 7/22/2008 emails between A.M. Villafaha, R. Senior. E. Nesbitt Kuyrkendall, J. Richards, and K. Atkinson regarding correspondence from J. Epstein counsel with attached draft response (NB: A final version of the letter has been produced.) Attorney-Client Privilege Work Product 6(e) Deliberative Process P-015098 7/23/2008 emails between A.M. Villafana and D. Lee regarding correspondence with counsel for J. Epstein and notice of breach Work Product Deliberative Process 6(e) P-015099 7/25/2008 emails between A.M. Villafafta and K. Atkinson regarding extension of grand jury to allow for continued presentation of J. Epstein case 6(e) Work Product Deliberative Process P-015100 thru P-015116 8/2/2008 email from D. Lee to A. Acosta, J. Sloman W. Jacobus. and A.M. Villafana summarizing status of Jane Doe. United States litigation and requesting views on making certain disclosures to counsel for petitioners with attached pleading filed by petitioners (DE 19) (NB: Privilege is not being asserted for attachment. Attachment was prepared by petitioners and is not being produced because it is within their custody and control.) Work Product 6(e) Deliberative Process P-015117 thru P-015135 8/5/2008 email from A.M. Villafafta to A. Acosta, J. Sloman, R. Senior, and K. Atkinson regarding analysis of Jeffrey Epstein agreement, with attached 6/24/2008 email from A.M. Villafafta to R. Black and J. Goldberger and attached Epstein agreement. (NB: Privilege is not being asserted for the two attachments. The 6/24/2008 email will be produced to petitioners' counsel contemporaneously with the filing of this log, and the Agreement has previously been produced to petitioners pursuant to an earlier Court order.) Work Product Deliberative Process Page 5 of 7 EFTA00190416

Bates Range Description Privilege(s) Asserted P-015136 thru P-015172 8/13/2008-8/15/2008 emails between A. Acosta, K. Atkinson, R. Senior, J. Sloman, D. Lee, and A.M. Villafafia regarding scope of Epstein agreement and correspondence and telephone conference with J. Lefkowitz (NB: Emails to and from J. Lefkowitz and R. Black have been produced to Petitioners' counsel) Work Product Deliberative Process Attorney-Client Privilege P-015173 thru P-015186 8/25/2008 emails between A.M. Villafafia, A. Acosta, J. Sloman, R. Senior, K. Atkinson, and D. Lee regarding letter received from J. Lefkowitz (NB: Lefkowitz letter has been produced to Petitioners' counsel) Work Product Deliberative Process Attorney-Client Privilege P415187 thru P-015194 8/20/2008-8/26/2008 emails between A.M. Villafafia, A. Acosta, J. Sloman, R. Senior, and K. Atkinson it draft response to .1. Lefkowitz and draft amended victim notification letter (NB: Final version of letter to Lefkotiz and Black has been produced to Petitioners' counsel) Work Product Deliberative Process P-015195 thru P-015198 9/2/2008 emails between A.M. Villafafia, D. Lee, R. Senior, and J. Sloman regarding revised victim notification Work Product Deliberative Process Attorney-Client Privilege P-015199 thru P-015206 9/17/2008 emails between A.M. Villafafia, A. Acosta, J. Sloman, R. Senior, D. Lee, K. Atkinson, and R. Garcia regarding efforts by Palm Beach Daily News to unseal NonProsecution Agreement that had been filed in state court (NB: Emails from Counsel for Daily News and from State Attorney's Office have been produced to Petitioners' counsel) Work Product Deliberative Process Attorney-Client Privilege P-015207 thru P-015213 9/17/2008 email from A.M. Villafaiiit to A. Acosta, J. Sloman, R. Senior, D. Lee, and K. Atkinson regarding attached letters from J. Herman alleging that victim notifications violated Bar ethics rules (NB: Redacted versions of the letters have been produced to Petitioners' counsel) Work Product Deliberative Process Privacy Act/TVPAJCVRA P-015214 thru P-015226 9/29/2008 correspondence to Florida Bar Ethics Counsel regarding victim notification letters and allegation of ethics violation for distribution of letters with attached proposed victim notification letters Work Product Relevance Florida Bar Privacy Rules Page 6 of 7 EFTA00190417

Bates Range Description Privilege(s) Asserted P-015227 thru P-015233 10/18/2008-10/20/2008 emails between D. Lee, A. Acosta, J. Sloman, and A.M. Villafiula regarding correspondence with B. Edwards discussing changes to understanding of portions of Non-Prosecution agreement and victim notifications Work Product Deliberative Process P-015234 thru P-015238 11/4/2008 correspondence from Florida Bar Ethics Counsel regarding Florida Ethics Rules involved in distributing victim notification letters. Work Product Relevance Florida Bar Privacy Rules P415239 thru P415263 11/26/2008 emails between A.M. Villafana, J. Sloman, and R. Senior regarding email from R. Black about work release (NB: Email from R. Black has been produced to Petitioners' counsel) Work Product Deliberative Process P-015264 thru P-015267 12/4/2008 emails between E. Nesbitt Kuyrkendall and A.M. Villafafia regarding attempts to send victim notification letters overseas via Legal Attaches and unrelated Epstein financial issue Attorney-Client Privilege Work Product Investigative Privilege Privacy Act/TVPA/CVRA Page 7 of 7 EFTA00190418