Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Thursday, August 02, 2007 8:55 AM To: Menchel, Matthew (USAFLS) Subject: RE Emailing: Conf Plea Negotiations.wpd Hi Matt -- Thanks. I think I figured out a way to do a federal plea with a 2-1/2 year cap. It is a little funky, but it matches the facts. 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: Menchel, Matthew (USAFLS) Sent: Wednesday, August 01, 2007 6:42 PM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Emailing: Conf Plea Negotiations.wpd Just letting you know that we didn't receive anything from the defense today. Lilly Sanchez called late in the afternoon to say it will be coming tomorrow. Original Message From: Villafana, Ann Marie C. (USAFLS) Sent: Tuesday, July 31, 2007 1:37 PM To: Sloman, Jeff (USAFLS); Menchel, Matthew (USAFLS); Lourie, Andrew (USAFLS) Subject: Emailing: Conf Plea Negotiations.wpd Hi all -- I fixed some typos. Here is the final. We will be headed upstairs in a minute. The message is ready to be sent with the following file or link attachments: Conf Plea Negotiations.wpd Note: To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. Tracking: 42 Exhibit 39 EFTA00226207

CONFIDENTIAL PLEA NEGOTIATIONS TERMS OF EPSTEIN NON-PROSECUTION AGREEMENT ■ Epstein pleads guilty (not nolo contendere) to an Information filed by the Palm Beach County State Attorney's Office charging him with: (a) lewd and lascivious battery on a child, in violation of Fl. Stat. 800.04(4); (b) solicitation of minors to engage in prostitution, in violation of Fl. Stat. 796.03; and (c) engaging in sexual activity with minors at least sixteen years of age, in violation of Fl. Stat. 794.05. ■ Epstein and the State Attorney's Office make a joint, binding recommendation that Epstein serve at least two years in prison, without any opportunity for withholding adjudication or sentencing; and without probation or community control in lieu of imprisonment. ■ Epstein agrees to waive all challenges to the information filed by the State and the right to appeal. ■ Epstein agrees that, if any of the victims identified in the federal investigation file suit pursuant to 18 U.S.C. § 2255, Epstein will not contest the jurisdiction of the U.S. District Court for the Southern District of Florida over his person and the subject matter. Epstein will not contest that the identified victims are persons who, while minors, were victims of violations of Title 18, United States Code, Sections(s) 2422 and/or 2423, and who suffered personal injury as a result of such violation(s). ■ After Epstein enters his state court plea and is sentenced, the FBI and the U.S. Attorney's Office will close their investigations. ■ This agreement only applies to the victims already identified and the crimes currently under investigation. If additional victims or crimes are discovered (for example, if child pornography is found on the computers that are the subject of the Motion to Quash), the FBI and the United States are free to investigate and prosecute those crimes. ■ This offer will remain open only until 4:00 p.m., Friday, August 10, 2007. If accepted, Epstein must enter his state guilty plea not later than August 31, 2007. EFTA00226208