Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Mahe C. (USAFLS) Sent: Monday, September 17. 2007 10:35 AM To: Garcia. Rolando (USAFLS): Laurie. Andrew (USAFLS) Subject: RE: Epstein i Iii Rolando — Here is the last e-mail that I sent to Jay last night. Ja talked with his client about it and reports that they arc leaning towards options 1 or 4. They are going to try make that decision today (there seems to be some dissension in the ranks because Jack Goldberger gave some incorrect information), and draft a proposed either Non-Prosecution Agreement or Plea Agreement. As you can see from my list below. there are a number of things in their last draft that were unacceptable. All of the loopholes that I sewed up they tried to open. So. Jay is supposed to be consulting with Roy Black regarding the correct state information and then will give me a call. I agreed to ask the Judge to take the hearing off calendar tomorrow and to postpone the grand jury appearances that were scheduled from tomorrow. but I told him in no uncertain terms that I am indicting on the 2.5th so this needs to be resolved early this week. Andy and I talked about all of this as well. Long answer to a short question. sorry. Hi Jay — This can wait until after the show, but my voice is going so I thought I would type it up. I talked to Andy and he still doesn't like the factual basis. In his opinion, the plea should only address the crimes that we were addressing, and we were not investigating Mr. Epstein abusing his girlfriend. So, these are the only options that he recommended: 1. We go back to the original agreement where Mr. Epstein pleads only to state charges and serves his time in the state, except that we can agree to only 18 months imprisonment. 2. Mr. Epstein pleads guilty to the state charges and also pleads to either two obstruction counts or to one count of violating 47 USC 223(a)(1)(8). with a joint non-binding recommendation of 18 months, so that Mr. Epstein can serve his time federally. 3. (My suggestion only, not Andy's): I go back to the U.S. Attorney and ask him to agree to an ABA- plea to a 371 count (conspiracy toviolate 2422(b)) with a binding 20-month recommendation so that Mr. Epstein can serve all of his time in a federal fadlity. Or 4. Mr. Epstein pleads to one obstruction count, and serves part of his time federally and part state. On your other proposed changes, some are fine and some are problematic. Re your paragraph 2: As to timing, it is my understanding that Mr. Epstein needs to be sentenced in the state after he is sentenced in the federal case, but not that he needs to plead guilty and be sentenced after serving his federal time. Andy recommended that some of the timing issues be addressed only in the state agreement, so that it isn't obvious to the judge that we are trying to create federal jurisdiction for prison purposes. My understanding is that Mr. Epstein should sign a state plea agreement. plead guilty to the federal offenses, plead guilty to the state offenses, be sentenced on the federal offenses, and then be sentenced on the state offenses, and then start serving the federal sentence. Re your paragraph 3: As to the reservation of Mr. Epstein's right to withdraw his state plea or to appeal his state plea or sentence, that is fine, but we need the caveat that, if he were to do so, the United States could proceed on our charges. Re your paragraph 6: With respect to the waiver of the right to appeal the federal sentence, given the way we have drafted the information, it is possible that getting to the 18 month sentence will require an upward departure The version of the agreement that you were working from is a federal non- 3140 EFTA00226141