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Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 97 of 348
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,
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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
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U.S. Department of Justice
United States Attorney
Southern District of Florida
A. ALEXANDER ACOSTA 29 NE 4 Street
UNITED STATES A
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charges in addition to state charges. On behalf of the defense team, Sanchez followed up on the
July 31, 2007 meeting with an Augus
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CONFIDENTIAL PLEA NEGOTIATIONS
TERMS OF EPSTEIN NON-PROSECUTION AGREEMENT
Zz Epstein pleads guilty (not nolo contendere) to an In
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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 204-3 Filed 04/16/21 Page 77 of 348
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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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 204-3 Filed 04/16/21 Page 69 of 348
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
Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 64 of 348
[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
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On that same day, Villafafia 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
Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 54 of 348
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
Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 39 of 348
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
1. OVERVIEW
In the following sections in this chapter, th
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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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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. 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
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I. The Defense Rejects the Federal Plea Agreement, Returns to the NPA
“State-Only” Resolution, and Begins Opposing the Sexual Offen
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2. The Subjects’ Explanations for the Decision to Offer Epstein
a Sentence with a Two-Year Term of Incarceration... ce cesses eeeee
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that the victims were not treated with the forthrightness and sensitivity expected by the
Department.
VI. ORGANIZATION OF THE REPO
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investigate, litigate, or provide legal advice.? OPR also has jurisdiction to investigate allegations
of misconduct against Depart
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carefully considered the comments and made changes, or noted comments, as OPR deemed
appropriate; OPR did not, however, alter its fi
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Secretary of Labor. In a brief oral statement, Acosta explained that continued media attention on
his handling of the Epstein invest
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abuse of minors. The Miami Herald report led to public outrage and media scrutiny of the
government’s actions.*
On February 21, 201
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NPA required Epstein to plead guilty in state court to the then-pending state indictment against
him and to an additional criminal i
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2012) (affirming Judge Bianco’s “thorough and well-reasoned” opinion). Indeed, “‘[a] selection
process that is facially neutral is
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appearing around the time of the defendant’s trial, or some combination thereof. /d. Ultimately,
the district court in Rioux found
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it is inapposite as well: both cases appear to concern instances in which the grand jury and trial
jury sat in the same courthouse
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Southern District, cases are commonly transferred from one courthouse to another, including cases
that are indicted in White Plains
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available grand jury that day, due to the global pandemic®*—“was a deviation from the established
practice of indicting defendants
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establish a prima facie violation of the fair cross-section requirement: (1) the excluded group is
“distinctive”; (2) “representat
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SDNY Business Division Rules, available at https:/www.nysd.uscourts.gov/sites/default/files/
local rules/ rules-2018-10-29.pdf. Mo
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premises, and at any rate fail to meet the elements of a claim under the Sixth Amendment.
Therefore, the defendant’s motion must b
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Finally, the defendant requests early disclosure of Rule 404(b) material that the
Government may seek to introduce at trial. (Def.
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Government has reviewed the full report and confirmed that there is nothing exculpatory contained
therein. To the contrary, the re