Jack Goldberger 4 From: Sent: To: Subject: Read carefully the GJ suspension portion of the non pros agreement. It says upon signing the non pros agreement and A PLEA AGREEMENT with SAO all pending Si subpoenas will be held in abeyance. Doesn't that imply that when we sign plea agreement with state this week the new Si subpoenas that are out now go into abeyance status also From: (USAFIS) [mallto Sent: ue 1.11Jun.lit 4:16 PM To: Roy BLACK. Jack Goldberger Cc: (USAFLS) Sub : Je ey pstein Agreement Dear Roy and Jack: I am just writing to re-state that it is the Government's position that we have a signed, binding agreement and that there is no need for further modification. Please keep us informed of the date and time of the change of plea and sentencing. Thank you. Assistant U.S. Attorney West Palm Beach, FL 33401 US_Atty_Cor_00310 EFTA00235636

JUN. 27.2F28 3:33PM IF.rYio WPB FL NO.324- P.2 - U.S. Department of Justice United States Attorney Southern District of Florida 500 South Auttrallem Ave.. Sua. 400 wesrPaint Beach. FL 33401 an) 820-8711 Faestridle: (561)820-8777 June 27, 2008 VIA FACSTMIT Jack A. Goldberger, Esq. Atterbuty, Goldberger & Weiss, P.A. One Clearlake Centre, Suite 1400 250 Australian Ave S. West Palm Beach, FL 33401-5015 Roy Black, Esq. Black Srebniok Komspan & Stumpf P.A. 201 S. Biscayne Blvd, Suite 1300 Miami, FL 33131 Re: kfty_apstem Dear Messrs. Goldberger and Black: I write to follow up on my e-mail correspondence ofjune24 and June 26, and my message this morning. As of 3:15 p.m., Friday, June 27, 2008, the Office still has not received a copy oh proposed plea agreement between Mr. Epstein and the State Attorney's Office, nor has the Office received notice of a date and time for a change of plea. As you know, the Non-Prosecution Agreement between Mr. Epstein and the Office called for Mr. Epstein to plead, be sentenced, and begin serving his sentence not later than January 4, 2008—almost six months ago. The Office has continued that deadline to allow Mr. Epstein to raise various issues with the Department of Justice, but repeatedly advised that, once those appeals were completed, Mr. Epstein would need to perform the terms of the agreement within a short window thereaftet. Now that those appeals have been exhausted, we promptly Informed counsel for Mr. Epstein tbstt he must enter his plea, be sentenced, and begin serving his sentence by 5:00 on Monday, June 30, 2008. This week I have seat two e-mails and left a message -with Mr. Black's rcceponist asking for the date end time of the change of plea and fox a copy of the proposed pica agreement between Mr. Epstein and the State Attorney's Office in accordance with the terms of the Non-Prosecution Agreement. I have received no response to any of those requests. US_Atty_Cor_00311 EFTA00235637

JIM. 27.2028 3139PM LEM WPB FL JACK O0LDBBR0ER, ESQ. RoY Blanc ESQ. JUNE 27, 2008 Nos 2 oP 2 NO.324 P.3 -"- " I have received correspondence from counsel for a witness asking to cancel or continue the witness's appearance because he “understand[s] that there has been a recent development with respect to Mr. Epstein in that he intends to plead guilty in Florida state court on Monday pursuant to a deferred prosecution agreement with your office that has already been executed" and that he has "learned from Mr. Epstein's attomoy that the plea is scheduled to take plaoo on Monday morning." I also understand that there is an entry on Judge McSorley1 s docket that a hearing la scheduled for 8:30 a.m. on Monday. Both parties have agreed that it is a material term of the Non-Prosecution Agreement that the United States shall have the right to review the terms of any agreements between Epstein and the State Attorney's Office prior to entering into those agreements. If, indeed, the change of plea is set for 8:30 Monday morning, the agreement with the State Attorney's Office must be provided to the Office by 4:30 today to allow adequate time to review and comment. ?allure to provide this opportunity shall be deemed a breach of the Agreement. Accordingly, I spin ask that you provide me with a copy of the Plea Agreement with the State Attorney's Office and notification of the date and time of the change of plea. Thank you. BY: cc: Karen Atkinson, AUSA Sincerely, A. Marie Villafafut Assistant United States Attorney US_Atty_Cor_0031 2 EFTA00235638

:UN.27.2003 c:3 21 USAO WPS 7L NO.213 '‘'.2 U.S. Department of Justice United States Attorney Southern District of Florida 500 South Maattlien Ave, Stilts 400 West Pan Beath FL 33401 (561) 8204711 • Facsimile: (361) 820.8777 June 27, 2008 VIA FACSIMILE AND ELECTRONIC M411. Jack A. Goldberger, Esq. Atterbury, Goldberger & Weiss, P.A. One Clearlake Centre, Suite 1400 250 Australian Ave 5: West Palm Beach, FL 334014015 Roy Black, Esq. Black Srebnick Kornspan & Stumpf P.A. 201 S. Biscayne Blvd, Suite 1300 Miami, FL 33131 Re: Jeffrey Epstein Dear Messrs. Goldberger and Black: Thank you for providing me with the proposed plea agreementbetween Mr. Epstein and the State Attorney's Office. The U.S. Attorney's Office hereby provides Notice that the proposed sentencing provision does Re comply with the terms of the Non-Prosecution Agreement. The second sentencing paragraph of the proposed plea agreement reads: On 08CF00938 AME,the Defendant is sentenced to 18 months Commonly Control 1 (one). As 4 special condition of this Cougnunitv Control the Defendant must serve the first 6 months in the Palm Beach County Detention Facility . , . 'rho Non-Prosecution Agreement specifloally provides: 'Epstein shall be sentenced to consecutive tonne of twelve (12) months and Mx (6) months In county la91 for all charges, . .. without probation or community control la Begslimprisonment Thus, the proposed plea agreement with the State Attorney's Office does not comply with the terms of the Non-Prosecution Agreement. To comply with the Agreement, Mr. Epstein must make a binding recommendation of eighteen months kuensonmeJS, which means confinementtwenty-four US_Atty_Cor_0031 3 EFTA00235639

SUN. 27. 2008 5: 55PM W WPB FL NU. de.4 r'.4 JACK GOtaBPROEft, ESQ. ROY ILA= pa/ JUNG 27, 2008 PAos208 2 hours a day at the County Jail, and the judp must accept that recommendation. Community control must follow that term of incarceration. Secondly, we have not been provided with a copy of the Information filed In ease number 08CF009381AMB. I want to confinn that Mt Epstein is being charged with the substantive offense of procuring minors to engage in prostitution, not Sterared procurement. Accordingly, please provide me with a copy ofiho Information at your earliest opportunity. I will be available via email throughout the weekend or you may reach me on my cell phone at 561 6014301. Thank you, cc: Karen Atkinson, AUSA Sincerely, R. Alexander Moats United States Attorney BY: ataw-tliestkr4.- .111Villafalia Assistant United States Attorney US_Atty_Cor_00314 EFTA00235640