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 al subpoenas that are out now go into abeyance status also From: Sent: Tuesday, June 24, 2008 4:16 PM To: Roy BLACK; Jack Goldberger (USAFLS) Subject: Jeffrey Epstein Agreement Dear Roy and Jack: 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 3340] Phone Fax EFTA00213795

JUI4.27.2208 3:39PM LEPO WPB FL - . M0.324- P.2 U.S. Department of Justice United Sums Attorney Southern District of Florida SOO South Australian Ave, State 400 West Palm Beach. FL 33401 Facsimile: June 27, 2008 VIA FACSD/LILE 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 Srebnick Komspan & Stumpf P.A. 201 S. Biscayne Blvd, Suite 1300 Miami, FL 33131 Re: ateetiEiRellitt 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 pm., 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 Agincourt 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 /qr. 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, andbegin 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 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. EFTA00213796

JUN.27.2009 3:39PM USAO WPB FL NO.324 P.3 JACK GOLDBERGER, ESQ. ROY BLACK, ESQ. JOKE 27, 2008 PAGE 2 OF 2 I have received correspondence from counsel for a witness asking to cancel or continue the witness's appearance because he "understand[s] that there 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 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 envy on Judge McSorley's docket that a hearing is scheduled for 8:30 a.m. on Monday. Both parties have agreed that it is amaterial term of the Non-ProsecutionAgreementthatthe 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, 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. CO: AUSA By: Sincerely, R. Alexander Acosta s tUnited StatesAttorney EFTA00213797

SUN.27.2009 5:55PM USAO WPB FL NO.329 P.2 U.S, Department of Justice United States Attorney Southern District of Florida SOO South Atairdtan Ave., Suite 400 st P n Beech FL 33401 Facsimile: June 27, 2008 EAJAMLatallakeMQUICIASU A 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 Srebnick Komspan Be Stumpf P.A. 201 S. Biscayne Blvd, Suite 1300 Miami, PI. 33131 Re: Jaffrey 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 nel comply with the terms of the Non-Prosecution Agreement. The second sentencing paragraph of the proposed plea agreement reads: On 08CF009381AMB, the Defendant Is sentenced to 18 months Community Control 1 (onel. 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„ viihnatzazin ear *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 confinementtwenty-four EFTA00213798

JUN. 27. 2008 5: 550r1 WPB FL JACK GOLDBEROBR, ESQ. ROY BLACK. ESQ. JUNE 27, 2008 PACE 2 OF 2 hours a day at the County Jail, and thejudge must accept that rocommendation, Community control must follow that term of incarceration. Secondly, wo have not been provided with a copy of the Information filed in ease number 08CF00938IAMB. I want to confirm that Mr. Epstein is being charged with the substantive offense of procuring minors to engage in prostitution, not aemagg procurement. Accordingly, please provide me with a copy , oldie Information at your earliest opportunity, will be avai !able viae-mail throughout the weekend or you may roach me on my cell phone a . Thank you. Sincerely, R. Alexander Acosta United States Attorney By: Assistant United States Attorney AUSA EFTA00213799