Jack Goldberger From: Sent: To: Subject: si aliaggsaa Read carefully the Si suspension portion of the non pros agreement. It says upon signing the non pros agreement and A PLEA AGREEMENT with SAO all pending GJ subpoenas will be held In abeyance. Doesn't that imply that when we sign plea agreement with state this week the new al subpoenas that are out now go into abeyance status also From: VIllafana, EIMIS (USAFLS) Sent: Tuesday, June 24, 2008 4:16 PM To: • Goldberger Cc■ (USAFLS) Subj :Jeffrey Epstein 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_00340 EFTA00235666
LN. v..≥ane 3:35PM ()SRO wPB ft • •••••••••• U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Aw.. Suite 400 Wens Patin Reach FL 33401 ($61) 8204711 Facsimile: (561)820-8777 Juno 27, 2008 VLIt Map= Jack A. Goldberger, Esq. Atterbury, Goldberger & Weiss, P.A. One Clearlake Centre, Suite 1400 250 Australian Ave S. West Palm Beach, FL 33401-5015 Roy Black, Esq, Black Srebniok Kornepan & Stumpf PA. 201 S. Biscayne Blvd, Suite 1300 Miami, FL 33131 Re: Itiftethildeb Dear Mean. Goldberger and Black: I write to follow up on my e-mail correspondence of June 24 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 of a 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 lea 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 ofJustioe. but repeatedly advised that, once those appeals were completed, Mr. Epstein would need to perform the tents of the agreement within a short window thereafter. Now that those appeals have been exhausted, we promptly brimmed counsel for Mr. Epstein tbat he must enter his plea, be sentenced, and begin serving his sentence by 5:00 on Monthly, lime 30, 2008, This week I have sent two e-mails and left a message with Mr. Black's receptionist asking for the date and time of the change of plea and for a copy of the proposed plea 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_00341 EFTA00235667
JUN.27.2026 3:39M1 ISO UPS FL JACK GOLDBERGER, ESQ. ROY SLAM SEQ. Ain 27, 2008 PAGE 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 "under:tangs] that then, has been a recent development with respect to Mr. Bpstein 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 attorney that the plea is scheduled to take place on Monday morning." I also understand that there is an entry on Judge McSorley's docket that a hearing is scheduled for 8:30 a.m. on Monday. Both parties have agreed that it is a material term of the Won-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 Failure to provide this opportunity shall be deemed a breach of the Agreement. Accordingly,' again 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, Ali SA Sincerely, It Alexander Acosta un}ty,gtajea Attggrey A. Marie Villafana Assistant United States Attorney US_Atty_Cor_00342 EFTA00235668
JUN.27.200B SISSPM USA° WPB FL NO.329 P.2 Department of Justice United Staus Attorney Southern District of Florida 500 South Augrallan Avt, Suits 400 Wart Paler back FL 33401 (561) 820-8711 ' loadmilt (161)820-8777 Juno 27, 2008 VIkFACStMJLE AND EI BOTRONIC MA tt . Jack A. Goldberger, Esq. Atterbttry, Goldberger & Weiss, P.A. One aearlake 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, Pl. 33131 JaHey Epstein Dear Messrs. Goldberger and Black: Thank you for providing me with the proposed plea agreement between Mr. Epstein and the State Attorney's Office. The US. Attorney's Office hereby provides Notice that the proposed sentencing provision does ekt comply with the terms of the Non-Prosecutioa Agreement. The second sentencing paragraph of the proposed plea agreement reeds: On 08CF00938IAMB, the Defendant issentenced to 18 months commun fry Central I (met As 4 special condition of this Community Control the Defendant must serve the first 6 months In the Palm Beach County Detention Facility . The Non-Prosecution Agreement specifically provides: 'Epstein shall be sentenced to consecutive terms of twelve (12) months and eh (6) months In county Mil for oil charge*, . without orobation or communitysorthol iB IISLAfittlttlitnEM4111. Thus, the proposed plea agreement with the State Attorney's Office does not comply with the terms of the Non-Proseeution Agreement To comply with the Agreement, Mr. Epstein must make a binding recommendation of eighteen months imprisonment, which means confinement twenty-four US_Atty_Cor_00343 EFTA00235669
RM. 27. 22)08 : 55Pri uSiO0 WPB FL NU. de:i JACK GOLDBERGSR, ESQ, ROY BLACK, ESQ. JUNE 27, 2008 PAos2 Of 2 hews a day at the County Jail, and thejudge must acceptthatrecommendation. Community control must follow that term of Incarceration. Secondly, wo have not been provided with a oopy of the Information filed In case number OSCF009381AME. I want to confirm that Mr. Epstein is being charged withthe substantive offense of procuring minors to engage in prostitution, not attempted procurement. Accordingly, please provide mc with a copy of the Information at your earliest opportuni wi I be available via e-mail throughout the weekend or you may reach me on my coil phone at Thank you. By: cc: Karon Atkinson. AURA Sincerely, IL Alexander Acosta United States Attorney aktr-Aatiiig#O-. gi Villafafia tant United States Attorney US_Atty_Cor_00344 EFTA00235670





