Villafana, Ann Marie C. (USAFLS) From: Jay Lefkowitz [email protected]) Sent: Tuesday, September 18, 2007 9:18 AM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Draft Agreements? i hear you, and understand your position. But it's really only a 90 day difference, if he gets gain time. That said, let me know if you think your suggestion can work. I will study it too. -1.11tatana, Ann Marie C. (USAELS1)" cmn.Marle.C.VIllafana(guseoj.goe> 09/18/2007 09:14 AM To 'Jay Lefkowite <J1efkoeritzakirkland.cem> cc Subject RE: Draft Agreements? Hi Jay — I know that the U.S. Attorney will not go below 18 months of prison/jail time (and I would strongly oppose the suggestion). • A. Marie Villafalia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Jay Lefkowitz [mailto:[email protected]] Sent: Tuesday, September 18, 2007 8:59 AM To: Villafana, Ann Marie C. (USAFLS) Subject: Re: Draft Agreements? an alternative to what we discussed just now might be to plead to one count of 1512, serve 12 months plus supervised release which would be one year of home detention (if we can make that work), followed by two years of probation in the state on the state charges with the first 6 months being community control. "Velalana, Ann Marie C. 1(USAFIST <Ann.Marle.C.VIllafanaeusdoj.gove 09/18/2007 08:44 AM To 'Jay LetkovAte <Jlelkowitzakirkiand.come cc Subject Draft Agreements? EFTA00225935

Hi Jay — I was hoping there would be things for me to read this morning, but I will try to remain patient. I believe there are only two types of agreements that would apply to this case: (1) a plea agreement to a federal charge or charges; and (2) a non-prosecution agreement (which is really a deferred prosecution agreement because the defendant agrees that if he violates the agreement, the U.S. can prosecute him). A plea agreement is part of the court file. It is not accessible on-line via PACER, but someone can go to the Clerk's Office to obtain a copy. A non-prosecution agreement would not be made public or filed with the Court, but it would remain part of our case file. It probably would be subject to a FOIA request, but it is not something that we would distribute without compulsory process. On the obstruction charges, many of the facts I included in that first proffer were hypothesized based upon our discussions and the agents' observations of Ms. Groff. We will need to interview her to confirm the accuracy of those fact second count, we could rely on the incident where Mr. Epstein's private investigators followed father, forcing him off the road. Or, if there is something more recent related to any grand jury subpoenas, we could consider that. Hope that helps. A. Marie Villafaria Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 2 EFTA00225936