Villafana, Ann Marie C. (USAFLS) From: Sent: To: Subject: Villafana, Ann Marie C. (USAFLS) Thursday, September 13, 2007 7:24 PM Lourie, Andrew (USAFLS) 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 Villafana 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. 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 38 EFTA00226153