Jack Goldberger 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 GJ subpoenas will be held in abeyance. Doesn't that imply that when we sign plea agreement with state this week the new G1 subpoenas that are out now go into abeyance status also From: (USAFLS) Sent: Tuesday, June 24, 2008 4:16 PM To: Roy BLACK: Goldberger Cc: Subject: 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 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 EFTA00289769
JUN.27.2009 3:39PM USA0 WPB FL NO.324 U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Fab, Beach, FL 35401 (561) 8204711 Facsimile: (361)820-8777 June 27, 2008 VIA FACSIMILE Jack A. Goldberger, Esq. Atterbtuy, Goldberger & Weiss, P.A. One Clearlako Centre, Suite 1400 250 Australian Ave S. West Palm Beach, FL 33401-5015 Roy Black, Esq. Black Srebnick Kornspan & Stumpf P.A. 201 S. Biscayne Blvd, Suite 1300 Mini, FL 33131 Re: Jeffraapetain Dear Messrs. 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 fora 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 Mx. 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 thereafter. Now that those appeals have been exhausted, we promptly informed counsel for Mr. Epstein that he must enter his plea, be sentenced, and begin serving his sentence by 5:00 on Monday, June 30, 2008. This week I have sent two e-mails and left a message with Mr. Black's reoeptionist 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. EFTA00289770
JUN.27.2003 3:39PM uSRO WPB FL NO. 324 P.3 -- JACK GOLDBERGER, ESQ. ROY BLACK, ESQ. JUNE 27, 2008 PAOB 2 of 2 I have received correspondence from counsel for a witness asking to csneP1 or continue the witness's appearance because he "underatand[s] that them 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 be 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 theNon-Prosecution Agreement thatthe 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. It indeed, the change of plea is set for 8:30 Monday morning. the agreement with the State Attorney', 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, I 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. cc: AUSA By: Sincerely, R. Alexander Acosta Assistant United States Attorney EFTA00289771
IUN.27.2008 5:55PM USAO leB FL NO.329 P.2 _ • - U.S. Department of Justice • United States Attorney Southern District of Florida 500 South Australian Aw„ Suite 400 West Palm Beach, FL 33401 (161)820-8M Faasinotle: (560 8204777 June 27, 2008 yiLEAQSMILEANQELECOMQ241 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 Komspan & Stumpf P.A. 201 S. Biscayne Blvd, Suite 1300 Miami, FL 33131 Re: Jeff:2y 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 U.S. Attorney's Office hereby provides Notice that the proposed sentencing provision does Rol comply with the terms of the Non-Prosecution Agreement, The second sentencing paragraph of the proposed plea agreement reads: On 08CF00938 IAMB, the Defendant is sentenced to 18 months Community Control 1 (one). As a 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 six (6) months in county jail for all charges without probation or community control in lieu of imprisonment. 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 imprisonment which means confinement twenty-four EFTA00289772
101.27.2008 5:55PM USPO WP8 fL NU.see JACK GOLDBERGER, ESQ. ROY BLACK. ESQ, JUNE 27.2008 PAOE 2 OF 2 hours a day at the County Jail, and theJudge must acceptthat rocommendation. Community control must follow that term of incarceration. Secondly, wo have not been provided with a copy of the Information filed in case number 08CF00938 I AM'S. I want to confirm that Mr. Epstein is being charged with the substantive offense of procuring minors to engage in prostitution, not Attempted procurement. Accordingly, please provide me with a copy of the Information at your earliest opportuni v i !able via amai I throughout the weekend or you may reach me on my coil phone at Thank you. cc: AUSA By: Sincerely, R. Alexander Acosta United States Attorney Assistant United State; Attorney EFTA00289773



