Public Records Request No. 19-372 Confidential Page 1 of 2 Barbara Burns --- --- - --- ·---~ From: Barbara Burns Sent: Friday, March 26, 2010 9:02 AM To: Michael McAuliffe Subject: FW: Confidential As per your request I am forwarding the following summary: Re: The Burglary/Attempted Burglary allegations, the Palm Beach PD were surprised to hear this and indicated that there has never been such complaint(s) since Epstein was place on Community Control. I spoke further with Jack Goldberger and he indicated that Epstein employs private security through Wackenhut and they intercepted this person who was dressed in black like a Ninja and hiding in some bushes. They chased him to a dark Chrysler 300 and took down the tag info. From there they were able to find out that it was registered to a Pl that has been associated/linked to Atty. Rothstein and the Gambino family. I spoke with DOC Community Control Supervisor, Ofc. Gaines, and he advised me that late last week Epstein informed him of a similar incident. Ofc. Gaines went on to say that he spoke with Epstein in late Sept. or possibly Oct. of last year and explained to him that he received "the best deal ever heard of for someone in his situation" and that he warned him to follow every condition by the letter so as not to get violated. If violated, he could very well be put on an ankle bracelet which would be even more of a restriction to him. Re: Similar defendants on community control and early termination, drawing from my experience (8 ½ yrs. of doing these cases), Daliah Weiss, Chief of SVU, and DOC there is no known case where a Sex Offender on Community Control has ever been given early termination of Community Control by agreement from our office or DOC. There have been rare instances where a person who has been on a very long probation has been given early termination of probation after serving a considerable number of years on probation. Re: The position of the U.S. Attorney's office on early termination of the State's case against Epstein, I again spoke with AUSA Villafana and inquired specifically of any knowledge that she had in reference to representations made by her or anyone associated with her office regarding Epstein's efforts to early term his Community Control on the State charges. She indicated that she had not made any such representations however her boss, interim U.S. Atty. Sloman may have. After checking she sent me a portion of the last letter sent to Epstein's attorneys. I have forwarded that to you by attachment. Please let me know ifthere is anything else that I can provide to you. From: Villafana, Ann Marie C. (USAFLS) [mailto:[email protected]] Sent: Thursday, March 25, 2010 4:20 PM To: Barbara Burns Subject: Confidential Hi Barbara - Here is the relevant portion of the last letter to JE' s attorneys regarding the termination of superv1s1on: In light of Mr. Acosta's prior statements to Mr. Epstein's counsel that Mr. Epstein would be eligible for any benefit available to other similarly-situated state defendants, the Office agrees that Mr. Epstein may apply for early termination or modification of community control in accordance with Fl. Stat.§§ 948.05 and 948.10(4), assuming that Mr. Epstein has completed "the sanctions imposed in the community control plan." The Office takes no position regarding such an application; it is entirely within the discretion of the State Attorney's Office and the Palm Beach County Circuit Court Judge as to whether it is in "the best interests of justice and the welfare of society" to allow Mr. Epstein to terminate prematurely his community control. Mr. Epstein and his counsel may not make a 3/26/2010

Public Records Request No. 19-372 Confidential Page 2 of2 representation to the State Attorney's Office, the Court, or any victim that the U.S. Attorney's Office agrees with, joins in, or does not oppose such a motion. In light of prior erroneous statements in court filings, we respectfully request that a copy of any court filing be provided to our office. If such a motion is made, in accordance with your proposal, the U.S. Attorney's Office will notify the federal victims that the application was filed and, if a hearing is scheduled, the date, time, and location of such hearing. The communication will consist merely of a notification and will neither encourage nor discourage attendance or submission of materials related to the application. A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-104 7 Fax 561 820-8777 Please note: Florida has a very broad public records law. Most writtE>n communications to or from state officials regarding state business are public records available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure. 3/26/2010