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Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 189 of 348
sentence of incarceration, and the USAO would consider a plea that differed from that requirement
a breach of the NPA and would “p
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promise equates to the imposition of a gag order. Our Office cannot
and will not agree to this.
It is the intent of this Office t
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2. The Evidence Does Not Establish That Acosta Negotiated a Deal
Favorable to Epstein over Breakfast with Defense Counsel
OPR sep
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preparing a “short” charging document “with only ‘clean’ victims that they have not dirtied up
already.””*° The fact that Lourie a
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accept the two-year proposal when it was made, but instead continued to press for a sentence of
home confinement, suggesting that
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including one called by the USAO to offer the NPA term sheet resolution—and a sixth meeting
together with the State Attorney and t
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In its review of the documentary record, OPR examined an email written by Villafafia in
2018, more than a decade after the NPA was
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been concerned about policy and federalism issues.*”! Sloman told OPR that although he did not
remember specific conversations, he
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The USAO might have been able to surmount the evidentiary, legal, and policy issues
presented by a federal prosecution of Epstein.
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considered that the USAO’s most pivotal decisions—to resolve the case through an NPA requiring
Epstein to serve time in jail, regi
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Longstanding Department policy directs prosecutors to require the defendant to plead to the most
serious readily provable charge c
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agreement that did not require Epstein’s cooperation nor did the USAM require Acosta to obtain
Departmental approval before doing
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As the U.S. Attorney, and in the absence of evidence establishing that his decision was
motivated by improper factors, Acosta had
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different points in time, and regarding different decisions. Menchel, for example, participated in
formulating the USAO’s initial
Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 159 of 348
CHAPTER TWO
PART THREE: ANALYSIS
I. OVERVIEW
Following the Miami Herald report in November 2018, media scrutiny of and public
a
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when prosecutors have used third parties as leverage in plea negotiations. Numerous courts have
made clear, however, that a plea i
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the prosecutor indicted him on more serious charges. Hayes was thereafter convicted and
sentenced under the new indictment. The st
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flexibility to decline to bring a particular charge based on a “good faith doubt” that the law or
evidence supports the charge.
Z
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cooperation as part of a plea agreement, or compelling cooperation under a “use immunity” order.
The comment observes that these a
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defendant’s criminal conduct, has an adequate factual basis, makes likely the imposition of an
appropriate sentence and order of r
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that come within the national investigation and prosecution priorities established
by the Department are more likely to satisfy th
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Some offenses, even though in violation of Federal law, are of
particularly strong interest to the authorities of the state or loc
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for up to 12 hours per day, six days per week, to work at the “Florida Science Foundation” office
in West Palm Beach.'*? In mid-No
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until after Epstein completed his sentence, but that Krischer would oppose such a petition “if it is
in the agreement.”!”? On Nove
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Dershowitz, Lefkowitz and Starr.”!7’ In that same later public statement, Acosta noted that he
received communications from Dersho
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The Court: Are all the victims in both these cases in
agreement with the terms of the plea?
Ms. Belohlavek: I have spoken to seve
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The next day, Villafafia asked Goldberger to change the plea agreement by inserting the
word “imprisoned” after “6 months,” and Go
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On Monday, June 23, 2008, Roth sent a brief letter to Starr and Lefkowitz informing them
that the office had “completed a thorough
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federal prosecution is not appropriate in this case.”'®® Lefkowitz alluded to the possibility of
seeking further review of the mat
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4. Acosta Attempts to Revise the NPA § 2255 Language concerning
Monetary Damages, but the Defense Does Not Accept It
Acosta under
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the defense “[f]irst and foremost” reaffirmed the NPA and that Epstein “has no intention of
unwinding the agreement.”
On December
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provision, recounted the history of NPA negotiations, and described the post-signing efforts by
Epstein’s counsel to challenge por
[S]ince the signing of the September 24th agreement, more than two
months[] ago, it has become clear that several attorneys on your
legal team are dissatisfied with that result.
[You], Professor Ders
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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 204-3 Filed 04/16/21 Page 118 of 348
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
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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
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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
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1. The Defense Rejects the Federal Plea Agreement, Returns to the NPA
“State-Only” Resolution, and Begins Opposing the Sexual Offe
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everything, but I really do not think that Mr. Epstein is going to engage in serious negotiations
until he sees the Indictment and
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message, “That is fine. [The West Palm Beach manager] and I will nail everything down, we just
want to get a final blessing.”
Neg
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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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we go that route, would you intend to make the deferred [sic] prosecution agreement public?”
Villafafia replied that while a federa
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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 ju