Case 9:08-cv-80736-KAM Document 361-5 Entered on FLSD Docket 02/10/2016 Page 2 of 2 (USAFLS) From: . (USAFLS) nt: unday, SepteWiW2 , 2007 8:58 PM Jay Lefkowitz dubject: Epstein agreement Hi Jay — Here are the revisions that I agree with and those I don't. We have been over paragraph 6 an infinite number of times. It is factually accurate that the list we are going to give you are persons we have Identified as victims. If we did not think they were victims, they would have no right to bring suit, regardless of whether your client is willing to waive liability or not. I have not balked about giving your client yet another month to self-surrender, so please let us just put this to rest. I changed the amount of time for the US to notify you of breach to take into account the fact that this agreement will not be completed within 30 months of execution (because of the lengthy delay before self-surrender) and to give us a 6 month window in case we discover a violation after Mr. Epstein is released. I do not care if you want to call the appointed person a "representative" instead of a guardian, so long as he/she is: (1) a lawyer; (2) independent; (3) selected by our Office or a federal judge; and (4) paid for by your client or by the federal court. I have sent this to. for his review. I have asked him to call me either late tonight or early tomorrow morning. When I get his comments, I will get back to you, probably tomorrow. Thank you. 70923 Epstein -Prosecution.. 1 RFP MIA 000222 EFTA00184298

Case 9:08-cv-80736-KAM Document 361-6 Entered on FLSD Docket 02/10/2016 Page 1 of 2 EXHIBIT 6 EFTA00184299

Case 9:08-cv-80736-KAM Document 361-6 Entered on FLSD Docket 02/10/2016 Page 2 of 2 09119/200712:14 PM To 'Jay Lot kowite <[email protected] co bee Subject RE: Meeting Judge Johnson has duty next week. Jay —I hate to have to be firm about this, but we need to wrap this up by Monday. I will not miss my indictment date when this has dragged on for several weeks already and then, if things fall apart, be left in a less advantageous position than before the negotiations. I have had an 82-page pros memo and 53-page indictment siding on the shelf since May to engage in these negotiations. There has to be an ending date, and that date is Monday. Assistant U.S. Attorney ris 1=111FININIONS. Orip*nal Mosspso --- Prong 1 \(USAFLS\)' Sent: U9/19/2UU/ I AM Ab I To: Jay Lefkowlm. Subject: Meeting Barry is available Monday morning. Our most flexible West Palm Beach magistrate is on duty on Monday, so, assuming we have signed documents by 1:30 or so, we should be able to get Mr. Epstein arraigned on Monday. I doubt that we will be able to get everything finished up here, get down to Miami, and try to find a Miami mag by close of business on Monday. 08-80736-CV-MARRA RFP WPB 000286 EFTA00184300

Case 9:08-cv-80736-KAM Document 361-7 Entered on FLSD Docket 02/10/2016 Page 1 of 4 EXHIBIT 7 EFTA00184301

Case 9:08-cv-80736-KAM Document 361-7 Entered on FLSD Docket 02/10/2016 Page 2 of 4 I 09/16/2007 03:54 PM To "Jay Leficowite <JLefkowitzfikickland.cot cc bee Subject Re: Hi Jay — This can wait until after the show• but y voice is going so I thought I would type it up. I talked to 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)(Et), with a joint non-binding recommendation of 18 months, so that Mr. Epstein can serve his time federally. 3. (My suggestion only, not IN): I go back to the U.S. Attorney and ask hirp to agree to an ABA-plea to a 371 count (conspiracy to violate 2422(b)) with a binding 20-month recommendation so that Mr. Epstein can serve all of his time in a federal facility. 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 aro 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 l id guilty and be sentenced after serving his federal time. 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 US_Atty_Cor_0030 EFTA00184302

Case 9:08-cv-80736-KAM Document 361-7 Entered on FLSD Docket 02/10/2016 Page 3 of 4 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-prosecution agreement, the ones I have sent you recently are plea agreements that get filed with the court. Please see if the appeal waiver language in those versions is alright, Re your paragraph 7: As I mentioned, we will not waive the presentence investigation. I know that this will delay Mr. Epstein's sentencing by 70 days, but that will allow him to get all of his affairs in order. As to bail, it will be set at the time of arraignment, and we can work out a joint recommendation regarding the amount and its limitations. I have no objection to making a joint recommendation that Mr. Epstein remain out on bond pending his sentencing, but Fm not sure that it belongs in a plea agreement, especially since I can't bind the court on that issue. However, I can assure you, and we can put it on the record during the plea collooquy, that I will join in your recommendation that he remain out on bond pending sentencing. The same goes for the prison camp issue. As I mentioned, I have opposed a designation only once in a very particular case. I can assure you, and we can put it on the record at the plea colloquy that I will not oppose your recommendation for Mr. Epstein's designation. Re your paragraph 8: As I mentioned over the telephone, I cannot bind the girls to the Trust Agreement, and I don't think it is appropriate that a state court would administer a trust that seeks to pay for federal civil claims. We both want to avoid unscrupulous attorneys and/or litigants from coming forward, and I know that your client wants to keep these matters outside of public court filings, but I just don't have the power to do what you ask Here is my recommendation. During the period between Mr. Epstein's plea and sentencing, I make a motion for appointment of the Guardian Ad Litem. The three of us sit down and discuss things, US_Atty_Cor 0031 EFTA00184303

Case 9:08-cv-80736-KAM Document 361-7 Entered on FLSD Docket 02/10/2016 Page 4 of 4 and I will facilitate as much as I can getting the girls' approval of this procedure because, as I mentioned, I think it is probably in their best interests. In terms of plea agreement language, let me suggest the following: The United States agrees to make a motion seeking the appointment of a Guardian ad Litem to represent the identified victims. Following the appointment of such Guardian, the parties agree to work together in good faith to develop a Trust Agreement, subject to the Court's approyal, that would provide for any damages owed to the identified victims pursuant to 18 U.S.C. Section 2255. Then include the last two sentences of your paragraph 8. Re the two paragraphs following your paragraph 8: I will include our standard language regarding resolving all criminal liability and I will mention "co-conspirators," but I would prefer not to highlight for the judge all of the other crimes and all of the other persons that we could charge. Also, we do not have the power to bind Immigration and we make it a policy not to try to, however, I can - - c tell you that, as far as I know, there is no plan to try to proceed on • any immigration charges against either Also, on the' , I can prepare letters withdrawing them as of the signing of the plea agreement, but I would prefer to take out that language. In my eyes, once we have a plea agreement, the has ended and them 4 • • 4 can be no more use of the I I had hoped that we were far closer to resolving this than it appears that we are. Can I suggest that tomorrow we either meet live or via teleconference, either with your client or having him within a quick phone call, to hash out these items? I was hoping to work only a half day tomorrow to save my voice for Tuesday's hearing gaud jury, if necessary, but maybe we can set a time to meet. If you want to meet "off campus" somewhere, that is fine. I will make sure that I have all the necessary decision makers present or "on call," as well. If we can resolve some of these issues today, let's try to, and then save only the difficult issues for tomorrow. Sony for the long e-mail, and for ruining your date with your daughter. I US_Atty_Cor_0032 EFTA00184304

Case 9:08-cv-80736-I<AM Document 361-8 Entered on FLSD Docket 02/10/2016 Page 1 of 2 EXHIBIT 8 EFTA00184305