Messa From: .1(USAFLS1)" doj.govj Sent: 09/19/2007 11:18 AM AST To: Jay Lefkowitz Subject: RE: Draft Agreements? I - I chlaloaow the factual basis for the alleged harassment of IM and= because we have no independent evidence of that. So, the agents need to talk to them a n I ciliate up a proposed factual proffer. I have sent an e-mail to= and ME to determine their availability. Thanks. 1011. Attorney US_Atty_Cor_0059 EFTA00235385

***** *St ****•************ ***************** ******* The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to [email protected], and destroy this communication and all copies thereof, including all attachments. ******************************•*********************** **•** US_Atty_Cor_0060 EFTA00235386

Ste. IIMISMIl@usdo 1.9ov> 09119/2007 01:29 PM To "Jay Letkowitz" cc boa Subject Meeting on Monday Hi Jay — We can start as early as you like on Monday. will join us at 10:00. We can meet here in our offices so I can make any necessary changes and get us over to the courthouse. EMS Assistant U.S. Attorney US_Atty_Cor_0061 EFTA00235387

r @usdoLgo 09720O007 03:52 PM *.. To "Jay Letkowile < cc < usdo. Karen N(USAFL.Slr bcc Subject Final version of Plea Agreement — EPSTEIN Hi Jay - I have attached the plea agreement as approved by the U.S. Attorney and the proposed information. If your client is going to accept the agreement, please let me know by noon tomorrow, so that I can file the Information, get a judicial assignment, and arrange an arraignment and change of plea for Monday. We also will need to set a time for the agents to interview Ms. =and Ms. =1.to finalize a factual proffer. Following the plea, Mr. Epstein will have at least 70 days before sentencing plus the time to self-surrender in order to get his affairs in order, including entering his guilty pleas to the state charges. mentioned that your client is considering returning to our original offer of just a state plea. If that is the case, the non-prosecution agreement that was provided to you last week will control. Again, we will need to receive a signed version by tomorrow if that is Mr. Epstein's decision. You can reach me on my cell phone at Thank you. <<070920 3.45 pm Plea Agreement 1512 camts.wpd>> <<070919 Information charging I 512.wpd>> Assistant U.S. Attorney West Palm Beach, FL 33401 «< Attachment '070020 3.45 tam Plea Agreement 1512 countsmadt US_Atty_Cor_0062 EFTA00235388

has been archived by user 'Commonatoreallkirkland-Ellis' on '11/2612007 01:16:02'. >>> «< Attachment'070flUigsrma0on charging 1512.wod' has been archived by user 'CommonStoratirfigridand-Eills' on '11/26/2002. 41:16:03',>» US_Atty_Cor_0063 EFTA00235389

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. UNITED STATES OF AMERICA vs. JEFFREY EPSTEIN, Defendant. I PLEA AGREEMENT The United States Attorney for the Southern District of Florida ("the United States"), and Jeffrey Epstein (hereinafter referred to as the "defendant") enter into the following agreement: 1. The defendant agrees to plead guilty to a two-count Information which charges that the defendant intentionally harassed two other persons, that is, and In, in an attempt to delay, prevent, and dissuade those persons from reporting to a law enforcement officer of the United States the commission of a federal offense; in violation of Title 18, United States Code, Sections 1512(dX2) and 2. 2. The defendant agrees and understands that the above charges involve his conduct, and the criminal conduct of others, between in and around early 2001 through in and around September 2007. This agreement resolves the federal criminal liability of the defendant and any co-conspirators in the Southern District of Florida growing out of any criminal conduct by those persons known to the United States Attorney's Office for the Southern District of Florida as of the date of this plea agreement. 1 US_Atty_Cor_0064 EFTA00235390

3. The United States agrees that, upon entry of the defendant's guilty plea, its Grand Jury investigation will be suspended, and all pending litigation between the parties will be held in abeyance unless and until the defendant violates any term of this agreement, as explained in paragraph 18, infra. Both parties agree to maintain their evidence inviolate until all of the terms of this agreement have been satisfied. 4. The defendant is aware that the sentence will be imposed by the Court after considering the Federal Sentencing Guidelines and Policy Statements (hereinafter "Sentencing Guidelines"). The defendant acknowledges and understands that the Court will compute an advisory sentence under the Sentencing Guidelines and that the applicable guidelines will be determined by the Court relying in part on the results of a Pre-Sentence Investigation by the Court's probation office, which investigation will commence after the guilty plea has been entered. The defendant is also aware that, under certain circumstances, the Court may depart from the advisory sentencing guideline range that it has computed, and may raise or lower that advisory sentence under the Sentencing Guidelines. The defendant is further aware and understands that the Court is required to consider the advisory guideline range determined under the Sentencing Guidelines, but is not bound to impose that sentence; the Court is permitted to tailor the ultimate sentence in light of other statutory concerns, and such sentence may be either more severe or less severe than the Sentencing Guidelines' advisory sentence. Knowing these facts, the defendant understands and acknowledges that the Court has the authority to impose any sentence within and up to the statutory maximum authorized by law for the offenses identified in paragraph 1 and that the defendant may not withdraw the plea solely as a result of the sentence imposed. 5. The defendant further understands and acknowledges that, as to each of Counts 1 and 2 of the Information, the Court may impose a statutory maximum term of imprisonment of up to one (1) year, to be followed by a term of supervised release of up 2 US_Atty_Cor_0065 EFTA00235391

to a maximum of one (1) year. In addition to terms of imprisonment and supervised release, the Court may impose a fine of up to $100,000 as to each count. 6. The defendant further understands and acknowledges that, in addition to any sentence imposed under paragraph 4 of this Agreement, a special assessment in the amount of $50 will be imposed on the defendant, which must be paid at or before the time of sentencing. 7. The defendant understands that the Court will order that he must pay full restitution to all victims of the offenseS to which he is pleading guilty. The defendant understands that the amount of restitution owed to each victim will be determined at or before sentencing. 8. The parties agree to jointly recommend that the defendant receive a sentence of eighteen (18) months' imprisonment, to be followed by one (1) year of supervised release, and a fine of $200,000. The parties' further agree to jointly recommend that the Court impose one year of home confinement as a special condition of supervised release. 9. The defendant agrees that, if any of the victims identified in the federal investigation file suit pursuant to 18 U.S.C. § 2255, the defendant will not contest the jurisdiction of the U.S. District Court for the Southern District of Florida over his person and/or the subject matter, and the defendant 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. The United States agrees to provide the defendant's attorneys with a list of the identified victims, which will not exceed forty, after the defendant has signed this agreement and has been sentenced. The United States further agrees to make a motion with the United States District Court for the Southern District of Florida for the appointment of a guardian ad litem for the identified victims and the defendant's counsel may contact the identified victims through that guardian. 3 US_Atty_Cor_0066 EFTA00235392

I0. The United States has reached this agreement with the defendant in response to the defendant's request to globally resolve his state and federal criminal liability. To do so, the defendant further understands and acknowledges that he must undertake certain actions with the State Attorney's Office for the 15th Judicial Circuit in and for Palm Beach County (hereinafter, "State Attorney's Office"). 11. In addition to entering a guilty plea in the instant case, the defendant agrees that, prior to his sentencing on the federal charges, he will plead guilty to an Information filed by the State Attorney's Office charging an offense for which the defendant must register as a sex offender, that is, solicitation of minors to engage in prostitution, in violation of Fl. Stat. 796.03. The defendant agrees that he will waive all challenges to the Information filed by the State Attorney's Office and waive the right to appeal his conviction and sentence in the state court. 12. The defendant agrees that he will make a binding recommendation that the 15th Judicial Circuit Court impose a sentence of at least eighteen (18) months' imprisonment to be followed by at least twelve (12) months of community controVhome confinement to be served upon the defendant's release from federal prison. The defendant further represents that he has had discussions with the State Attorney's Office, which has agreed to likewise make this recommendation. The sentences imposed by the 15th Judicial Circuit Court may tun concurrently with the federal sentence imposed pursuant to this agreement. 13. The defendant agrees to provide to the U.S. Attorney's Office copies of all proposed agreements with the State Attorney's Office prior to entering into those agreements. 14. The defendant agrees that the timely completion of these actions is material to this agreement and is supported by independent consideration and that a breach of any one of these conditions allows the United States to elect to terminate the agreement and to 4 US_Atty_Cor_0067 EFTA00235393

investigate and prosecute the defendant for any and all federal offenses. 15. The United States reserves the right to inform the Court and the probation office of all facts pertinent to the sentencing process, including all relevant information concerning the offenses committed, whether charged or not, as well as concerning the defendant and the defendant's background, and to respond to any questions from the Court and the Probation Office and to any misstatements of fact or law. Subject only to the express terms of any agreed-upon sentencing recommendations contained in this Agreement, this Office further reserves the right to make any recommendation as to the quality and quantity of punishment. 16. The defendant is aware that the sentence has not yet been determined by the Court. The defendant also is aware that any estimate of the probable sentencing range or sentence that the defendant may receive, whether that estimate comes from the defendant's attorney, the government, or the probation office, is a prediction, not a promise, and is not binding on the government, the probation office or the Court. The defendant understands further that any recommendation that the government makes to the Court as to sentencing, whether pursuant to this agreement or otherwise, is not binding on the Court and the Court may disregard the recommendation in its entirety. The defendant understands and acknowledges, as previously acknowledged in paragraph 4 above, that the defendant may not withdraw his plea based upon the Court's decision not to accept a sentencing recommendation made by the defendant, the government, or a recommendation made jointly by both the defendant and the government. 17. WAIVER OF RIGHT TO APPEAL AND COLLATERALLY ATTACK THE SENTENCE. The defendant is aware that Title 18, United States Code, Section 3742 affords the defendant the right to appeal the sentence imposed in this case. Acknowledging this, in exchange for the undertakings made by the United States in this 5 US_Atty_Cor_0068 EFTA00235394

plea agreement, the defendant hereby waives all rights conferred by Section 3742 to appeal any sentence imposed, including any restitution order, or to appeal the manner in which the sentence was imposed, unless the sentence exceeds the maximum permitted by statute. The defendant further voluntarily and expressly waives, to the maximum extent permitted by federal law, the right to collaterally attack his sentence in any post-conviction proceeding, including a motion on any ground brought under 28 U.S.C. § 2254, 28 U.S.C. § 2255, 18 U.S.C. § 3572, or 18 U.S.C. § 3771. The defendant further understands that nothing in this agreement shall affect the government's right and/or duty to appeal as set forth in Title 18, United States Code, Section 3742(b). However, if the United States appeals the defendant's sentence pursuant to Section 3742(b), the defendant shall be released from the above waiver of appellate rights. By signing this agreement, the defendant acknowledges that he has discussed the appeal waiver set forth in this agreement with his attorney. 18. If the defendant fails in any way to fulfill each one of his obligations under this Plea Agreement, the United States, and only the United States, may elect to be released from its commitments under this Plea Agreement. If the United States elects to void the Plea Agreement because of a breach by the defendant, then the United States agrees not to use the defendant's guilty plea against him. However, the United States may prosecute the defendant for any and all Federal crimes that he has committed related to this case and may seek any sentence for such crimes up to and including the statutory maximums. The defendant expressly waives any statute of limitations defense and any constitutional or statutory speedy trial defense to such a prosecution, except to the extent that such a defense exists as of the date he signs this Plea Agreement. Finally, the defendant understands that his violation of the terms of this Plea Agreement would not entitle him to withdraw his guilty plea. 19. This is the entire agreement and understanding between the United States ti US_Atty_Cor_0069 EFTA00235395

and the defendant. There are no other agreements, promises, representations, or understandings. Date: By: Date: By: Date: By: Date: By: R. ALEXANDER ACOSTA UNITED STATES ATTORNEY ASSISTANT UNITED STATES ATTORNEY JEFFREY EPSTEIN, DEFENDANT ROY BLACK, ESQ. ATTORNEY FOR DEFENDANT GERALD LEFCOURT, ESQ. COUNSEL TO DEFENDANT 7 US_Atty_Cor_0070 EFTA00235396

09/20/2007 03:58 PM To 'Jay Leflcowite co bco Subject Epstein plea agreement Jay — there was one spacing problem with the last version. Here is the final. We have added Roy Black's name to a signature line so that a Florida attorney signs it and we don't have to worry about Pro Hac Vice motions. if you would prefer Jack Goldberger's name, please let me know. <<070920 3.45 pm Plea Agreement 1512 counts:wpd» Assistant U.S. Attorney West Palm Beach, FL 33401 «< Attachment '070112Q1,454/flleakmantent 1512soamsaipv halbeariarsh ityneamtntInfilore/IT/Kirkland-Ellis' on '11/26/2007 01:16:07, >» US_Atty_Cor_0071 EFTA00235397

1.9ov' 09/20/2007 05:35 PM To "Jay Lefkowite cc bcc Subject RE: Final version of Plea Agreement — El Try me on my cell. I will keep it with me. . Thanks. sis L 33401 nagusdol.gov> 05/20/2007 03.82 PM To cc \(USAFLST \(USAFLSV \(USAFLST Subjecflnal version of Ptea Agreement — EPSTEIN US_Atty_Cor_0072 EFTA00235398

Hi Jay — I have attached the plea agreement as approved by the U.S. Attorney and the proposed information. If your client is going to accept the agreement, please let me know by noon tomorrow, so that I can file the Information, get a judicial assignment, and arrange an arraignment and change of plea for Mondaya also will need to set a time for the agents to interview Ms. EM and Ms. to finalize a factual proffer. Following the plea, Mr. Epstein will have at least 70 days before sentencing plus the time to self-surrender in order to get his affairs in order, including entering his guilty pleas to the state charges. mentioned that your client is considering returning to our original offer of just a state plea. If that is the case, the non-prosecution agreement that was provided to you last week will control. Again, we will need to receive a signed version by tomorrow if that is Mr. Epstein's decision. 0 J You can reach me on my cell phone at «070920 3.46 pm Plea Agreement 1512 counts.wpd» «070919 Information charging 1512.wpd>> Assistant U.S. Attorney West Palm Beach, FL 33401 Thank you. US_Atty_Cor_0073 EFTA00235399

MISNSW Wow' 09/20/2007 06:43 PM To 'Jay LefkowIte cc bcc Subject RE: Ptee Agreement — EPSTEIN Jay -- The 18 and 12 has already been agreed to by our office, so that is not a problem. On the issue about IS USC 2255, we seem to be miles apart. Your most recent version not only had me binding the girls to a trust fund administered by the state court, but also promising that they will give up their 2255 rights. I reviewed the e-mail that I sent you on Sunday with the comments on some of your other changes. In the context of a non-prosecution agreement, the office may be more willing to be specific about not pursuing charges against others. However, as I stated on Sunday, the Office cannot and will not bind Immigration. Also, your timetable will need to move up significantly. Ass said in our meeting last week, his office can put together a plea agreement, information, and get you all before the judge on a change of plea within a day. I am headed out now, but you can get me on my cell or call me tomorrow in the office. Thank you. NM IMO 33401 Sir US_Atty_Cor_0074 EFTA00235400

11111111111 ***** The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmasterOkirkland.com, and destroy this communication and all copies thereof, including all attachments. US_Atty_Cor_0075 EFTA00235401

EFTA00235402

that is not a problem. On the issue about 18 USC 2255, we seem to be miles apart. Your most recent version not only had me binding the girls to a trust fund administered by the state court, but also promising that they will give up their 2255 rights. I reviewed the e-mail that I sent you on Sunday with the comments on some of your other changes. In the context of a non-prosecution agreement, the office may be more willing to be specific about not pursuing charges against others. However, as I stated on Sunday, the Office cannot and will not bind Immigration. Also, your timetable will need to move up significantly. As said in our meeting last week, his office can put together a pia agreement, information, and get you all before the judge on a change of plea within a day. I am headed out now, but you can get me on my cell or call me tomorrow in the office. Thank you. Assistant U.S. At am i len West Palm Beach FL 33401 Mir AMC 1.11111111M Thanks — Jay US_Atty_Cor_0077 EFTA00235403

** ******************* *** ******* ***************** ****** The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmasterekirkland.com, and destroy this communication and all copies thereof, including all attachments. **** ****** ********** ***** *********** ****************** The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to [email protected], and destroy this communication and all copies thereof, including all attachments. ****************************************************** US_Atty_Cor_0078 EFTA00235404

09/21/2007 11:49 AM To cc Doc Subject Re: Cal today I am happy to talk. My caveat is that in the middle of negotiations, u try to avoidundermining my staff by allowing "interlocutorty" appeals so to speak so I'd want on the call I'll have her set something up. Alex Sent from my SlackBerry Wireless Handheld inal Me ---- US_Atty_Cor_0079 EFTA00235405

11.11111111111IIMMIIIP The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland 6 Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to [email protected]. and destroy this communication and all copies thereof, including all attachments. US_Atty_Cor_0080 EFTA00235406

Ousdoj.govs- 09/21/2007 02:12 PM To %ley Legtowite Malian cc bcc Subject Revised Non-Prosecution Agreement ‘%. 1 Sink I tilit Hi Jay — Here is my attempt at combining our thoughts. I need to talk to the office about the immigration language before I put it in here. I know that we have not and don't plan to ask immigration to do that, but let me see if they are okay with including it in writing. I spent about an hour with a former corporate counsel from a hospital who now works here to go over the 2255 language. I think that the attached addresses the concern about having an unlimited number of claimed victims, without me trying to bind girls whom I do not represent. This language hasn't been approved by the office yet, so consider it a draft. These are all the same document, just in different formats. <<070921 Epstein Non-Prosecution Agreementwpd>> <<070921 Epstein Non-Prosecution Agreementdoc>> <-4070921 Epstein Non-Proseadlon Agreementpd*> Thanks. If you have any immediate thoughts before you leave, please let me know. MIMI ME Assistant U.S. Attorney West Palm Beach, FL 33401 «< Attachment '070921 Epstein Non-Prosecution Aareement.wpd' has been archived by user 'CommonStorefIT/Kirkland-Ellis' on '11/26/2007 01:17:28'. >>> «< Attachment '070921_EPetein Non-Prosecution Aoreementdod has teen archived by useriornimatritORKI E1102902112(M2. 01:17:28'. >>> US_Atty_Cor_0081 EFTA00235407

011 >>> <<< Attachment '070921 Epstein Non-Prosecution Aoreementocif hes been archived by user 'CommonStore/IT/Knkland-Ellis' on '11/2(W2007 01:17:29% >» US_Atty_Cor_0082 EFTA00235408

IN RE: INVESTIGATION OF JEFFREY EPSTEIN / NON-PROSECUTION AGREEMENT IT APPEARING that the City of Palm Beach Police Department and the State Attorney's Office for the 15th Judicial Circuit in and for Palm Beach County (hereinafter, the "State Attorney's Office") have conducted an investigation into the conduct of Jeffrey Epstein (hereinafter "Epstein"); IT APPEARING that the State Attorney's Office has charged Epstein with three counts of solicitation of prostitution, in violation of Florida Statutes Section 796.07; IT APPEARING that the United States Attorney's Office and the Federal Bureau of Investigation have conducted their own investigation of the offenses and Epstein's background; IT APPEARING that Jeffrey Epstein (hereinafter "Epstein") has committed offenses against the United States from in or around 2001 through in or around October 2005, including: (1) knowingly and willfully conspiring with others known and unknown to commit an offense against the United States, that is, to use a facility or means of interstate or foreign commerce to knowingly persuade, induce, or entice minor females to engage in prostitution, in violation of Tide 18, United States Code, Section 2422(b); all in violation of Title 18, United States Code, Section 371; (2) knowingly and willfully conspiring with others known and unknown to travel in interstate commerce for the purpose of engaging in illicit sexual conduct, as defined in 18 U.S.C. § 2423(f), with minor females, in violation of Title 18, United States Code, Section 2423(b); all in violation of Title 18, United States Code, Section 2423(e); (3) using a facility or means of interstate or foreign commerce to knowingly persuade, induce, or entice minor females to engage in prostitution; in violation of Title 18, United States Code, Sections 2422(b) and 2; (4) traveling in interstate commerce for the purpose of engaging in illicit sexual conduct, as defined in 18 U.S.C. § 2423(f), with minor females; in violation of Title 18, United States Code, Section 2423(b); and (5) knowingly, in and affecting interstate and foreign commerce, recruiting, enticing, Page 1 of 5 US_Atty_Cor_0083 EFTA00235409

and obtaining by any means a person, knowing that the person had not attained the age of 18 years and would be caused to engage in a commercial sex act as defined in 18 U.S.C. § 1591(cXl); in violation of Title 18, United States Code, Sections 1591(a)(1) and 2; and IT APPEARING that Epstein has accepted responsibility for his behavior by his signature on this Agreement; and IT APPEARING, after an investigation of the offenses and Epstein's background, that the interest of the United States pursuant to the Petite policy will be served by the following procedure; THEREFORE, on the authority of R. Alexander Acosta, United States Attorney for the Southern District of Florida, prosecution in this District for these offenses shall be deferred in favor of prosecution by the State of Florida, provided that Epstein abides by the following conditions and the requirements of this Agreement set forth below. If the United States Attorney should determine that Epstein has violated any of the conditions of this Agreement, then the United States Attorney may at any time initiate prosecution against Epstein for any offense. In this case, the United States Attorney will furnish Epstein with notice specifying the condition(s) of the Agreement that he has violated. After timely fulfilling all the terms and conditions of the Agreement, no prosecution for the offenses set out on pages 1 and 2 of this Agreement, nor any other offenses that have been the subject of the joint investigation by the Federal Bureau of Investigation and the United States Attorney's Office will be instituted in this District, and the charges against Epstein if any, will be dismissed. Terms of the Agreement: 1. Epstein shall plead guilty (not nolo contendere) to an Information filed by the State Attorney's Office charging Epstein with an offense that requires him to register as a sex offender, that is, the solicitation of minors to engage in prostitution, in violation of Florida Statutes Section 796.03; 2. Epstein and the State Attorney's Office shall make a joint, binding recommendation that the Court impose a thirty (30) month sentence to be divided as follows: (a) Epstein shall begin by serving at least eighteen (18) months in county jail for all charges, without any opportunity for withholding adjudication or sentencing, and without probation or community control in lieu of imprisonment; and Page 2 of 5 US_Atty_Cor_0084 EFTA00235410

(b) following the term of imprisonment, Epstein shall serve twelve (12) months of community control. 3. Epstein shall waive all challenges to the Information filed by the State Attorney's Office and shall waive the right to appeal his conviction and sentence. 4. Epstein shall provide to the U.S. Attorney's Office copies of all proposed agreements with the State Attorney's Office prior to entering into those agreements. 5. The United States shall provide Epstein's attorneys with a list of individuals whom it has identified as victims, as defined in 18 U.S.C. § 2255, after Epstein has signed this agreement and been sentenced. Upon the execution of this agreement, the United States will file a motion with the United States District Court for the Southern District of Florida for the appointment of a guardian ad litem for these persons. Epstein's counsel may contact the identified individuals through that guardian. 6. If any of the individuals referred to in paragraph (5), supra, elect to file suit pursuant to 18 U.S.C. § 2255, Epstein will not contest the jurisdiction of the United States District Court for the Southern District of Florida over his person and/or the subject matter, and Epstein waives his right to contest liability and also waives his right to contest damages up to an amount as agreed to between the identified victim and Epstein. Epstein's signature on this agreement is not to be construed as an admission of civil or criminal liability as to any person whose name does not appear on the list provided by the United States. As to those individuals whose names appear on the list provided by the United States, Epstein's signature on this agreement likewise is not to be construed as an admission of any civil liability other than that contained in 18 U.S.C. § 2255. 7. Epstein shall enter his guilty plea and be sentenced not later than October 19, 2007, and shall self-report to begin serving his sentence not later than December 1, 2007. 8. With credit for gain time, Epstein shall serve at least 450 days in the county jail. Epstein understands that the United States Attorney has no authority to require the State Attorney's Office to abide by any terms of this agreement. Epstein understands that it is his obligation to undertake discussion with the State Attorney's Office to ensure compliance with these procedures, which compliance will be necessary to satisfy the United States' interest, pursuant to the Petite policy. Page 3 of 5 US_Atty_Cor_0085 EFTA00235411

In consideration of Epstein's agreement to plead guilty and to provide compensation to victims, if Epstein successfully fulfills all of the terms and conditions of this agreement, the United States also agrees that it will not institute an criminal charges again any potential co- co • for of Epstein, including MI, Lesley Groff, or Further, upon execution of this agreement and a plea agreement with the State Attorney's Office, the federal Grand Jury investigation will be suspended, and all pending federal Grand Jury subpoenas will be held in abeyance unless and until the defendant violates any term of this agreement. The defendant likewise agrees to withdraw his pending motion to intervene and to quash certain grand jury subpoenas. Both parties agree to maintain their evidence, including certain computer equipment, inviolate until all of the terms of this agreement have been satisfied. By signing this agreement, Epstein asserts and certifies that each of these terms is material to this agreement and is supported by independent consideration and that a breach of any one of these conditions allows the United States to elect to terminate the agreement and to investigate and prosecute Epstein and any other individual or entity for any and all federal offenses. By signing this agreement, Epstein asserts and certifies that he is aware of the fact that the Sixth Amendment to the Constitution of the United States provides that in all criminal prosecutions the accused shall enjoy the right to a speedy and public trial. Epstein further is aware that Rule 48(b) of the Federal Rules of Criminal Procedure provides that the Court may dismiss an indictment, information, or complaint for unnecessary delay in presenting a charge to the Grand Jury, filing an information, or in bringing a defendant to trial. Epstein hereby requests that the United States Attorney for the Southern District of Florida defer such prosecution. Epstein agrees and consents that any delay from the date of this Agreement to the date of initiation of prosecution, as provided for in the terms expressed herein, shall be deemed to be a necessary delay at his own request, and he hereby waives any defense to such prosecution on the ground that such delay operated to deny hint rights under Rule 48(b) of the Federal Rules of Criminal Procedure and the Sixth Amendment to the Constitution of the United States to a speedy trial or to bar the prosecution by reason of the running of the statute of limitations for a period of months equal to the period between the signing of this agreement and the breach of this agreement. Epstein further asserts and certifies that he understands that the Fifth Amendment and Rule 7(a) of the Federal Rules of Criminal Procedure provide that all felonies must be charged in an indictment presented to a grand jury. Epstein hereby agrees and consents that, if a prosecution against him is instituted, it may be by way of an Information signed and filed by the United States Attorney, and hereby waives his right to be indicted by a grand jury. Page 4 of 5 US_Atty_Cor_0086 EFTA00235412

By signing this agreement, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he understands the conditions of this Non- Prosecution Agreement and agrees to comply with them. Dated: JEFFREY EPSTEIN Dated: GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN Dated: R. ALEXANDER ACOSTA UNITED STATES ATTORNEY 0 Page 5 of 5 US_Atty_Cor_0087 EFTA00235413

OW21/2007 Ce:42 PM tgov> 09/21/2007 02:45 PM Yes. I'm here for a while. Thanks. Villajaha 61.110.to .e West Palm Beach FL 33401 To 'Jay Letkowite cc bcc Subject RE: Reminder Mir To'Jay Lefkowltf <JLefltowilzakirkiand.com> SubjecReminder Hi Ja — Just a reminder. My home e-mail address is Thanks. Villafaha Assistant U.S. Attorney US_Atty_Cor_0088 EFTA00235414

West Palm Beach, FL 33401 US_Atty_Cor_0089 EFTA00235415

"N/lilefane, 3/111efentpuedo 1.9 09/21/2007 02:54 PM To "Jay Letkowite < cc bcc Subject RE: Reminder Hi Jay — I thought there was 5 years' probation with 18 months in jail followed by 12 months' home confinement. I only see 12 months incarceration, 12 months community control, with 6 of those months in jail, which would result in only 6 months' home confinement. Am I missing something? Thanks. Assistant U.S. Atis m o West Palm Beac FL 33401 witasSIMISSIIMIS sols ems USAFLs 09/21/2007 02:42 PM To"Jay Letkowite <J1elkowlizipirkland ccen> CO SubJecRemlnder Hi Ja • — Just a reminder. My home e-mail address is Thanks. US_Atty_Cor_0090 EFTA00235416

4.1.. Villafaffa Assistant U.S. Attorney West Palm Beach, FL 33401 US_Atty_Cor_0091 EFTA00235417

Merle C. Wow' 09/21/2007 02:55 PM To "Jay Leikoseite <JLetkovalzepdrkland.coo cc bcc Subject Integration Question Hi Jay — I talked ton' about the immigration language you wanted to include. He said absolutely not, we don't include that in any of our agreements. NMI Villafarta Assistant U.S. Attorney West Palm Beach, FL 33401 US_Atty_Cor_0092 EFTA00235418