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Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 333 of 349
proposed agreements with the State Attorney’s Office prior to entering
into those agreements.
7. The United States shall provide
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 330 of 349
IN RE:
INVESTIGATION OF
JEFFREY EPSTEIN
/
NON-PROSECUTION AGREEMENT
IT APPEARING that the City of Palm Beach Police Department
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 326 of 349
3. Epstein shall waive all challenges to the Information filed by the State
Attorney’s Office and shall waive the right to appeal
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 327 of 349
agreement. Epstein further asserts and certifies that he understands that the Fifth Amendment
and Rule 7(a) of the Federal Rules o
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EXHIBIT 3
September 24, 2007
Non-Prosecution
Agreement
DOJ-OGR-00004625
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 324 of 349
IN RE:
INVESTIGATION OF
JEFFREY EPSTEIN
NON-PROSECUTION AGREEMENT
IT APPEARING that Jeffrey Epstein (hereinafter “Epstein”) is r
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 320 of 349
INDICTMENT ss
—-
a cS ws
ATRUEBILL (6- 9454. F 3s mss a
ras = v
IN THE NAME OF AND BY THE AUTHORITY OF THE ee 5 OF FLORA So
mS?
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 322 of 349
EXHIBIT 2
September 6, 2007
Draft Non-Prosecution
Agreement
DOJ-OGR-00004619
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 308 of 349
Villafafia informed Edwards about the state plea, but did not mention the NPA or the fact that the
state pleas would resolve the f
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 309 of 349
to be paid to the FBI’s communications to ensure that the victims were receiving accurate and
timely information that was consiste
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 307 of 349
intentionally concealing information from them and was part of a series of interactions with
victims that led to condemnation of t
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 305 of 349
previously noted, there is some contemporaneous evidence supporting her assertion. Villafafia’s
mention of the agreement, even if
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 303 of 349
not plead guilty in October 2007 as the USAO expected, it was a “very open question” whether
the case would go to trial, and Acost
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 301 of 349
agent and Villafafia consulted with the USAO’s Professional Responsibility Officer about the
matter, and thereafter stopped notify
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 298 of 349
investigation. Because the state indictment and information appeared to pertain to far fewer than
the total victims identified in
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 295 of 349
particular charges and victims at issue. Once the hearing was scheduled, Sloman told Villafafia to
contact PBPD Chief Reiter about
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 293 of 349
strongly objected to the government’s plan to notify victims of the state proceedings, which he
described as “highly inappropriate
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 292 of 349
IV. ACOSTA’S DECISION TO DEFER TO THE STATE ATTORNEY’S
DISCRETION WHETHER TO NOTIFY VICTIMS ABOUT EPSTEIN’S STATE
COURT PLEA HEARI
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 291 of 349
continuing.” The co-case agent also told OPR that, as of the time of his OPR interview in 2019,
the “the case was open . . . it?s
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 290 of 349
B. Because the Federal Investigation Continued after the NPA Was Signed, the
FBI Letters Were Accurate but Risked Misleading Victi
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 289 of 349
breach, however, Epstein would enter his state guilty plea and the federal investigation would end.
Thus, the statement that the c
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 288 of 349
require victim approval of the prosecutors’ plans, but it allows victims the opportunity to express
their views and to be heard be
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 285 of 349
In Wild, the Eleventh Circuit panel compared the language of the CVRA to the language
of the VRRA, noting that the VRRA “clearly e
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 284 of 349
398 The “prosecution stage”
399
and consider victims’ views about, prospective plea negotiations.
began when charges were filed
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 279 of 349
(e) If the offender is convicted, the sentence and conditions of supervised
release, if any, that are imposed.
(6) Referrals. Onc
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 271 of 349
the 2005 Guidelines was inconsistent with positions the USAO had taken in correspondence with
Epstein’s attorneys, in which the go
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 270 of 349
letters to victims sent after the NPA was signed were not misleading in stating that the matter was
“under investigation” because
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 269 of 349
Department had made its “best efforts in thousands of federal and District of Columbia cases to
assert, support, and defend crime
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 266 of 349
letter was substantially identical to the previous FBI victim notification letter the FBI had sent to
victims (in 2006, 2007, and
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 263 of 349
civil suits that were pending against Epstein.*® Villafafia also emailed one of the pro bono
attorneys she had engaged to help vic
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 262 of 349
yes.” The court also asked Belohlavek ifthe juvenile victim’s parents or guardian agreed with the
plea, and Belohlavek stated that
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 261 of 349
When asked why the USAO did not simply notify the victims of the change of plea hearing,
Sloman responded that he “was more focuse
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 259 of 349
Villafafia told OPR that before the state plea hearing, she sent Reiter a list of the victims,
including their telephone numbers,
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 258 of 349
about the NPA because it was “confidential” and because the case was under “investigation and
leading towards” the filing of charg
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 256 of 349
CVRA rights attach prior to the filing of criminal charges.*4+ The Appellate Division Chief noted
that, although the holding confl
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 257 of 349
an instance in which Wild “asked a question that wasn’t answered” of anyone in the USAO or of
the FBI case agents.
Edwards contac
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 255 of 349
camera memory cards seized by the PBPD in order to have them forensically examined for deleted
images that could contain child por
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 254 of 349
prosecutors and did not recall learning any information about Epstein’s guilty plea until after the
plea was entered on June 30, 2
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 253 of 349
for him, as U.S. Attorney, to attend witness interviews, and further, that no one in the USAO “was
questioning the pain or the suf
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 252 of 349
in FBI interviews of Wild and other victims, Villafafia informed CEOS Chief Oosterbaan that she
anticipated the victims “would be
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 249 of 349
We will make our best efforts to ensure you are accorded the rights
described. Most of these rights pertain to events occurring af
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 247 of 349
decision as to who can be heard at a state sentencing is, amongst
many other issues, properly within the aegis of state decision
m
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review the appropriateness of the potential federal charges and the government’s “unprecedentedly
expansive interpretation” of 18
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 241 of 349
the USAO’s interpretation of the agreement and “the use of Section 2255.” The Starr and
Lefkowitz letter asserted it was “wholly i
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 237 of 349
for [victims] to enhance their stories” and that the defense would try to have Villafafia or the case
agents removed from the case
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 236 of 349
During this meeting, the Agents did not explain that an agreement
had already been signed that precluded any prosecution of Epstei
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 235 of 349
involved in such notifications. According to Villafafia, Sloman then directed her to have the case
agents make the victim notifica
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 233 of 349
disagreement” regarding the CVRA’s requirements.””> Oosterbaan’s disagreement was based on
policy considerations, and he told OPR
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 232 of 349
Chief wanted to know if the victims had been consulted about the deal.””?! Sloman forwarded this
email to Acosta. Villafafia recal
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 223 of 349
C. FBI Victim Notification Pamphlets
The 2005 Guidelines recommended that “victims be given a printed brochure or card that
brief