Gmail - Fwd: Draft Agreement Page 1 of 2 maIi Fwd: Draft Agreement 1 message Ann Marie Villafana Ann Marie Villafana Thu, Dec 27, 2007 at 10:09 PM To: "Ann Marie C. (USAFLS) Villafana" <[email protected]> Begin forwarded message: From: Ami Sheth <ASheth@kirklanctcom> Date: September 23, 2007 1:56:03 PM EDT To: ", "Villatana,_Ann Made C. _V' jAnn.Marie.C.VMatanaVkirkland.com, *(§usdoj.gov) (USAFLS), S kirkland.corn Cc: Jay Letkowitz <[email protected]> Subject: Draft Agreement Marie - Jay is having some computer trouble and asked me to send this e-mail to you. Attached is a draft for discussion purposes at your convenience for some timethis--- afternoon. It does not include Term 1 of the agreement, but it reflects all the issues we would like to discuss with you. Please let Jay know when you are available to speak. Thank you. Sincerely, Ami Ami H. Sheth* j Kirkland & Ellis LLP Citigroup Center I 153 E Street I New York, NY 10022 Direct I 212-446-6460 Fax r and.com *Admission Pending in New York Ikt.******************************w************************* The information contained in this communication is confidential, may be attorney-client privileged, may EFTA00225937

Gmail - Fwd: Draft Agreement Page 2 of 2 • 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. ****************************** *** t *** ********************** 20070923 Draft of Epstein Non-Prosecution Agreement (without Term 1) (Redlined).doc 44K EFTA00225938

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"); 11' APPEARING that the State Attorney's Office has charged Epstein with three-one 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-certain offenses and Epstein's background, including; IT-APPEARING that-Jeffrey Epstein-ffiereiftafter-"Epsteirrl-has-emmititted-offenses • against the-Goted-States-frens-iwer OF011M-2&14 through -in or around October-2005rinelodingt 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 commute to knowingly persuade, induce, or entice minor females to engage in prostitution, in violation of Title 18, United Slates Code, Section 242200; 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(6) 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(6); and Page I of 6 EFTA00225939

(5) knowingly, in and affecting interstate and foreign commerce, recruiting, enticing. and obtaining by any means a person, knowing that the person had not attained thc age of 18 years and would be caused to engage in a commercial sex act as defined in IS U.S.C. § 1591(c)(1); in violation of Title 18, United States Code, Sections I 591(a)(1) and 2; and IT APPEARING-that-Epstein has accepted remmesibility-feeltis beheviorthythimsignatere opthisAgreernentrend 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 authonty of It 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 based onieliable evidence that Epstein has violated any of the conditions of this Agreement, then the United States Attorney may at-fey time-initiate prosecution against Epstein for any offense listed above for the duration of this Agreement. 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 I 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 nor any offenses that were being investigatedk the federal Grand Jury will be instituted in this District, and the charges against-Epstein if any,-will be dismissed. • Perms of the Agreement: 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 et—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 (b) following the term of imprisonment, Epstein shall serve twelve (12) months of community control. Page 2 of 6 EFTA00225940

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. After Epstein jias signed this agreement and has been sentencednIthc United States shall provide Epstein's attorneys with a list of individuals created on JINSERT DATE' whom it has identified as-and who have a SlasitSthigi0n alloktriOrida Statutes Se ti sentenced. Upon the execution of this agreement, the United—Stews District Attorney of Paim_Seach will file a motion with the United-States Distpiet-Gead-fer-the-Seuthern-District-of Florida State Court in Palm Peach County 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 Florida Statutes Section 796.09. in any such suit by any such individual(s)111 U.S.C. f 2255, Epstein will not contest the jurisdiction of the United,States-Distriet-Court-for-the-Seuthem-Disbiet-or Florida State Court over his person and/or the subject matter, and Epstein will agree (without admitting liability, whether under such statute or otherwise) to settle such suit by paving each such individual's reasonable attorneys- fees - and- court- costs. -plus aggregate • damages.- including punitive in an amount of S50 000.00 excludina reasonable attorneys fees and court costs. waives his-right-tocomest-liabilitynndelca-weives-hiaright-toeentest dantages-up te-aa-arneam-as-agreed-to--between-the-identified-vietim-and-Epstein Neither Epstein's signature on this agreement, nor any such waiver provided any ert herepulgr _ require, or is to be construed as, an admission, or as any evidence whatsoever, of civil or criminal liability, whether under federal law or state law. as to any person. includina but not limited to. an individual whose game appears on the list provided by the Unftecl_atelea,E.Pelarnis-sittnatnie agreement-is-net-to-be-sonsmied as aft-admission -of-eivii-or erigninal-liability-as4O-any-persen-whebe narnedoes-not-appeaon-the-list provided-by--the-United-States-r-As-to--those-individuals-whose-nentes appear-on-the-list-provided-by-the-Lnited-States, Epst.iles-signatuie-en this-agreement-fikewise-is-riet-te-be-eonstrued-rts an-adrnissiort-of-ari l Page 3 of 6 EFTA00225941

liebility-other-thon-thateentained-in18-U4R4-22-55, ffilatie, we would like to address the restitution issue with you over the phone] 7. Epstein shall enter his guilty plea and be sentenced not later than October 4921, 2007, and shall self-report to begin saving his sentence not later than December 10, 2007. 8. With-eredit-for-goie-tinsee-Epstein-shall-servea-least -450-days-M-the Learnt) .;ail.thistein will not be afforded any benefits with respect to gain time. other than the rights, opportunities and benefits as any other inmate including but not limited to, eligibility for gain time credit based nn standard rules and regulations that aptly in the state 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 nereaary to satisfy the United States' interest, pursuant to the Petite policy. In consideration of Epstein's agreement to plead guilty and to provide compensation in the manner described abovae—vietims, if Epstein successfully fulfills all of the terms and conditions of this agreement, the United States also agrees that it will not institute any en ihass ' an tential co-conspirators of Epstein, including_but not limited to ogiso Lesley Groff, or Nadia Marcinkdva. Further, upon execution o is agreemen an a plea agreement with the State Attorneys Office, the federal Grand Jury investigation will be suspended, and-all pending federal Grand Jury subpoenas will be held in abeyance and no new subpoenas will be issued unless and until the defendant violates any term of this agreement_Upon completion of The AR:canal, the subpoenas reference above will be withdrawn-with-prejudice and not-reissued. --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 agreanat and to investigate and prosecute Epstein and any other individual or entity for any and all federal offenses. By signing this agreement, Epstein asters and certifies that he is wan 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 Page 4 of 6 EFTA00225942

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 him fights 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 limitatioris for a `: period of months equal to the period between the signing of this agreement and the breach of this . agreanent for the offenses listed on DUGS I and 2infra. Epstein further asserts and certifies that 1...4Faciattold 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 for the offenses listed on pages I and 2 infra, 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 5 of 6 EFTA00225943

By signing this agreement, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that be understands the conditions of this Non- Prosecution Agreement and agrees to comply with them. Dated: JEFFREY EPSTEIN Dated: GERALD LEKOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN Dated: R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Page 6 of 6 EFTA00225944