Villafana, Ann Marie C. (USAFLS) From: Lourie, Andrew ([email protected]] Sent: Wednesday, September 19, 2007 4:21 PM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: epstein twill reach out to Alex to discuss. From: Villafatia, Ann Marie C. (USAFLS) [mailto:[email protected]] Sent: Wednesday, September 19, 2007 4:13 PM To: Villafana, Ann Marie C. (USAFLS); Lourie, Andrew Cc: Garcia, Rolando (USAFLS) Subject: RE: epstein Oh. and ■ took out the appeal waiver. A. Marie lafana Assistant U.S. Attorney 561 209-1047 From: Villafana, Ann Marie C. (USAFLS) Sent: Wednesday, September 19, 2007 4:05 PM To: 'Lourie, Andrew' Cc: Garcia, Rolando (USAFLS) Subject: RE: epstein Importance: High I just got their "red-lined- version. I will forward it to you. Here are the issues that Rolando and I specifically discussed with them arid rejected. that they have re-inserted into the agreement. 1. We aeree to recommend that no PSI be prepared. ev_have converted it into an ABA plea — as though_we wouldn't notice? 3. want us to agree to the incorrect calculation of the guidelines 4. Instead of agreeing that the girls can sue Epstein. they cannot sue him and instead are bound to apply to a trust administered by the State Court (Jay and I have addresSed this at least three times and it keeps appearing in his versions) 5. They changed the stale charge that he has to plead guilty to to a non-registrable offense and he doesn't have to plead to that charge until after he has finished serving his federal sentence. 6. They want us not to oppose a request for a prison camp designation. 7. They have re-added paragraphs 17 through 19, all of which are addressed by paragraph 2. There are other problems too, but these are the highlights. This is NOT good faith negotiations. .4. Marie l'illafiala Assistant U.S. Attorney 561209-1047 From: Lourie, Andrew [mailto:[email protected]) Sent: Wednesday, September 19, 2007 3:50 PM To: Villafana, Ann Marie C. (USAFLS) Cc: Garcia, Rolando (USAFLS) Subject: RE: epstein 3044 EFTA00226130

Hi Jay — 1 was hoping there would be things for me to read this morning, but 1 will try to remain patient. I believe there are only two types of agreements that would apply to this case: (I) a plea agreement to a federal charge or charges; and (2) a non-prosecution agreement (which is really a deferred prosecution agreement because the defendant agrees that if he violates the agreement, the U.S. can prosecute him). A plea agreement is part of the court file. It is not accessible on-line via PACER, but someone can go to the Clerk's Office to obtain a copy. A non-prosecution agreement would not be made public or filed with the Court, but it would remain part of our case file. It probably would be subject to a FOIA request, but it is not something that we would distribute without compulsory process. On the obstruction charges, many of the facts I included in that first proffer were hypothesized based upon our discussions and the agents' observations of Ms. Groff. We will need to interview her to confirm the accuracy of those fac a second count, we could rely on the incident where Mr. Epstein's private investigators followed s father, forcing him off the road. Or, if there is something more recent related to any grand jury subpoenas, we could consider that. Hope that helps. A. Marie Villajafia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Tracking: 3114 EFTA00226131

this with a state plea as well so he serves the additional time there. I need to see your language for proffers on the two charges - (taking Nadia and Sarah out of the jurisdiction to avoid process.) Alternatively. at this stage. we could have just one count for 12 months and then 6 months incarceration under the state, followed by community control and probabtion. I am not sure which is more practicable. Pease let me know when you are free to speak. Thanks -- Jay "Villafana, Ann Marie C. VUSAFL51)" eAnn-Matie.C.VillafanaeuscloLgoe> 09115/2007 09 14 AM To -Jay Lelltoontz"<JLelltcnvitzakirkland corn*. cc SuCteCt RE Draft Agreement*, Hi Jay — I know that the U.S. Attorney %sill not go belos 18 months of prison/jail time (and I would strongly oppose the suggestion). A. Marie rillafatia Assistant U.S. Attorney 500 S. .Australian Ave. Suite 400 West Palm Beach. FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Jay Lefkowit7 [mallto:[email protected]] Sent: Tuesday, September 18, 2007 8:59 AM To: Villafana, Ann Marie C. (USAFLS) Subject: Re: Draft Agreements? an alternative to what we discussed just now might be to plead to one count of 1512, serve 12 months plus supervised release which would be one year of home detention Of we can make that work). followed by two years of probation in the state on the state charges with the first 6 months being community control. "Villain, Ann Marie C. MUSAFLS1)" <[email protected]> OMB/2007 05 £4 AM To 'Jay Letkowea- <JLelkoweatalurkieno corn, cc SuOject Drat: Agreements/ 3113 EFTA00226132