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Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 121 of 349
D. Epstein Further Delays His Guilty Plea
The addendum did not bring the case to conclusion. Instead, the matter entered a new,
p
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Lefkowitz’s description of their breakfast meeting discussion, Acosta told OPR that there were
“several instances” in which Lefkow
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 119 of 349
On October 22, 2007, Sloman responded to the issues Lefkowitz had raised, rejecting some
defense proposals but agreeing to modify
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However, as with Villafafia’s publicly released emails to Lefkowitz, this meeting between
Acosta and Lefkowitz drew criticism when
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 114 of 349
this matter.” Lourie responded with an assurance that the Reiter notification was only “so he does
not find out about it in the pa
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it had identified as victims.'*! The USAO, with the good faith approval of
Epstein’s counsel, would select an attorney representat
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The parties anticipate that this agreement will not be made part of
any public record. If the United States receives a Freedom of
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federal court. Sloman similarly said that he had the impression that the non-prosecution provision
was meant to protect named co-c
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 107 of 349
precluding the government from requesting, initiating, or recommending immigration proceedings
against the two assistants who were
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I think Jay [Lefkowitz] will try to talk you out of a registrable
offense. Regardless of the merits of his argument, in order to g
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 104 of 349
everything, but I really do not think that Mr. Epstein is going to engage in serious negotiations
until he sees the Indictment and
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 105 of 349
1. The Defense Rejects the Federal Plea Agreement, Returns to the NPA
“State-Only” Resolution, and Begins Opposing the Sexual Offe
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 102 of 349
message, “That is fine. [The West Palm Beach manager] and I will nail everything down, we just
want to get a final blessing.”
Neg
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 103 of 349
G. Villafafiia and Lourie Recommend Ending Negotiations, but Acosta Urges
That They “Try to Work It Out”
In the late afternoon of
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and had added language waiving the preparation of a presentence investigation (PSI) “so he can
keep all of his information confide
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twelve months, with six served in home confinement, to run
consecutively.
I just received an e-mail asking if Mr. Epstein could j
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we go that route, would you intend to make the deferred [sic] prosecution agreement public?”
Villafafia replied that while a federa
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 98 of 349
for them to be deported.”!!* As to whether the foreign nationals would be removable by virtue of
having committed crimes, Villafafi
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evidence of a violation of the agreement. Epstein and his counsel
agree that the computers that are currently under [legal process]
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to the assault charge” and suggesting a different factual scenario to support a federal charge.!’? At
this point, Sloman left on va
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D. The Parties Continue to Negotiate but Primarily Focus on a Potential Plea to
Federal Charges
During the remainder of September,
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 94 of 349
having directly with Alex Acosta, and Alex Acosta agreed to 18
months.
Villafafia further explained to OPR:
Regarding going from
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Villafafia added that the PBPD Chief had alerted the FBI that an upcoming news article would
report that Epstein was “going to plea
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 84 of 349
U.S. Department of Justice
United States Attorney
Southern District of Florida
A. ALEXANDER ACOSTA OP NE 4 Street
UNITED STATES A
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 82 of 349
charges in addition to state charges. On behalf of the defense team, Sanchez followed up on the
July 31, 2007 meeting with an Augus
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 80 of 349
CONFIDENTIAL PLEA NEGOTIATIONS
TERMS OF EPSTEIN NON-PROSECUTION AGREEMENT
| Epstein pleads guilty (not nolo contendere) to an Inf
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 78 of 349
understood that the PBPD would not have asked the FBI to investigate Epstein if the state had
pursued the appropriate charges. In o
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as a “non-prosecution agreement” came from Acosta, although Menchel may have communicated
that terminology to her. According to Vil
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Sloman also told OPR that he did not know how the decision to offer a two-year plea offer
was reached, but he believed that Acosta
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 72 of 349
proof beyond a reasonable doubt of Epstein’s criminal culpability.
Lastly, I was not trying to “dictate” a meeting with the U.S. At
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 70 of 349
on the defense team believes that the federal investigation in this
matter has been for show.
Nor are your arguments that I have v
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I do think it’s important to look back on this, and try to be in the
shoes of the thought process in 2006 and ’07 when trafficking
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[The prosecution] was going forward on the part of the state, and so
here is the big bad federal government stepping on a sovereign
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damages.*>> During a two-month period, the subject attorneys were involved to varying degrees in
converting the broad outline into
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 61 of 349
On that same day, Villafatia emailed Lourie, Menchel, Sloman, and her immediate supervisor
complaining that she had received no rep
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recalled generally having conversations with Sloman and Menchel about the Epstein case, but he
could not recall with specificity wh
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the FBI squad supervisor on May 9, 2007, to explain that charges against Epstein would not be
quickly approved, he reported to Menc
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forward with charges in this case. Lourie forwarded a copy of the prosecution memorandum to
Menchel. Lourie’s transmittal message r
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‘anything’ she wanted” without the necessity of legal process. Lewis asked to meet with Villafafia
and Sloman to discuss the Epstei
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4. Late July 2006: The State Indicts Epstein, and the USAO Moves
Forward with a Federal Investigation
Several days after Villafafi
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told OPR that Epstein’s local counsel brought attorney Alan Dershowitz to see Krischer and the
Assistant State Attorney, but Dersho
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and some of the victims as well, regularly recruited local high-school-age girls to give him
massages in his home that, in some cas
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CHAPTER TWO
THE NON-PROSECUTION AGREEMENT
PART ONE: FACTUAL BACKGROUND
I. OVERVIEW
In the following sections in this chapter, th
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for the Department’s Criminal Division, a position in which he served as Chief of Staff to Assistant
Attorney General Alice Fisher.
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B. The State and Local Law Enforcement Agencies
Florida state criminal prosecutions are primarily managed by an Office of State At
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B. Because the Federal Investigation Continued after the NPA Was Signed,
the FBI Letters Were Accurate but Risked Misleading Victim
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VII.
IX.
XI.
XII.
A. September — October 2007: The Case Agents Notify Some Victims about
the NPA, but Stop When the Case Agent
I.
IV.
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OPR FOUND THAT NONE OF THE SUBJECTS VIOLATED A CLEAR AND
UNAMBIGUOUS STATUTE, PROFESSIONAL RESPONSIBILITY RULE OR
STANDARD
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B. May — June 23, 2008: Review by the Office of the Deputy
AOENET CIENETA crmrmcen sxemescemseens Kaa SeNRCOINLNREEN SeNOROTSEER A
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 19 of 349
I. The Defense Rejects the Federal Plea Agreement, Returns to the NPA
“State-Only” Resolution, and Begins Opposing the Sexual Offen