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Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 204 of 349
the federal investigation in exchange for a plea in state court to a charge that carried a two-year
sentence. The FBI co-case agen
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The sexual offender registration provision is yet another example of how Acosta’s decision
to create an unorthodox mechanism that
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depart from the Ashcroft Memo. He told OPR, however, that he did not recall discussing the
Ashcroft Memo with his colleagues and n
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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 sovereig
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Notably, in the early 2000s, the Department had begun pursuing specific initiatives to combat child
sex trafficking, including Pro
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investigation.7° Media reports in mid-2009 suggested Epstein was released from his state
incarceration “early” because he was ass
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proof that this led to the breakfast meeting, email exchanges between Lefkowitz and Acosta show
that it was under discussion at th
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 186 of 349
The meeting of USAO representatives and Epstein’s defense attorneys, together with the
State Attorney and the lead state prosecuto
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OPR explored the subject supervisors’ reasoning for accommodating the defense requests
for in-person meetings and whether such acc
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Menchel told OPR that when he and Sanchez were in the USAO, they had a social
relationship, which included, in 2003, “a handful of
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 179 of 349
friendships or associations with any of Epstein’s attorneys. In fact, Menchel told OPR that he and
his USAO colleagues viewed Epst
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[O]ne of the issues in the case was the . . . defense’s ability to
describe the case or characterize the case as being legally com
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 174 of 349
d[id]n’t want to have to relive what happened to them.””!’ The co-case agent told OPR that one
of the “strategies” for dealing wit
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record, no restitution, no sex offender status, publication at a trial of
the names of certain victims that didn’t want their name
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 170 of 349
narrative of Epstein’s philanthropic activities, rather than presented as a suggestion that Epstein’s
association to the former Pr
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OPR was attentive to any evidence that any of the subjects was motivated by bribes, gratuities, or
other illegal political or pers
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to prosecute all of Epstein’s co-conspirators. These factors are analyzed in the following
discussions throughout this Section of
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 167 of 349
3. The NPA Did Not Violate Department Policy Relating to Deportation
of Criminal Aliens
During the negotiations, the USAO rejecte
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 166 of 349
authority to deviate from the Ashcroft Memo’s “most serious readily provable offense”
requirement.
Although Acosta could not reca
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 162 of 349
unambiguous standard or engaged in professional misconduct in developing, negotiating, or
entering into the NPA, including its add
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[Page Intentionally Left Blank]
132
DOJ-OGR-00004456
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is subject to all rules of the court.!?? Attorney Admission Rule 6(b)(2)(A) makes clear that
attorneys practicing before the court
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 153 of 349
prosecutors adhere to the principles and objectives” of the Sentencing Reform Act of 1984, the
Sentencing Guidelines, and the PROT
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him/her by an agency unless a statute provides otherwise.” Whenever a U.S. Attorney closes a
case without prosecution, the file sh
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affirmative steps the attorney reasonably believed were required to comply with an obligation or
standard.
Il. APPLICABLE STANDAR
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cooperation.'®© When Villafafia spoke with attorneys in the Eastern District of New York,
however, an AUSA there told Villafafia
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 144 of 349
the Sheriff’s Office that Epstein’s duties required him to work six days a week for 12 hours per
day. Finally, Villafafia pointed
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 136 of 349
Division forwarded to Roth the prior defense submissions, describing them as “an enormous
amount of material” regarding the Epstei
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In another letter, Starr renewed the defense accusation that the USAO improperly disclosed
information about the case to the media
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whether it is better to have us partnered in the case or just serve a
review function) and he said he’d get back to me later today
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 130 of 349
these victim issues as insurmountable but, based on these alone, the CEOS Trial Attorney
considered a potential prosecution of Eps
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that it was to establish whether, if the plea fell apart, he, as Chief, would agree “that we can go
forward with” the charges. He
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Office of the Deputy
Attorney General
Criminal Division
Alice Fisher Mark Filip
Assistant Attorney Deputy Attorney
General Gene
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 128 of 349
scheduled January 4, 2008 plea hearing. As soon became apparent, Acosta was unable to achieve
an expedited review so that Epstein
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Notwithstanding these voluminous submissions, Lefkowitz added that Epstein
“unconditionally re-asserts his intention to fulfill an
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not recall for OPR the substance of his conversation with Starr, other than that it was likely about
Epstein’s wish to have the De
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 116 of 349
that Epstein pay the victims’ legal fees incurred from contested litigation would “trigger profound
ethical problems,” in that the
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a proposal regarding the special master’s responsibilities, along with a draft letter to send to the
special master explaining the
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 112 of 349
agreement. I know that Andy promised Chief Reiter an update when
a resolution was achieved. ... [The West Palm Beach manager] is
c
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At some point that day, Acosta spoke with Lefkowitz by phone regarding the need for
Epstein to plead to a registrable offense. Thr
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Lefkowitz set forth arguments similar to those Sanchez had presented to Lourie, as to why
registration “based on the facts alleged
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going to become a registered sex offender, and he was going to go actually do time—which he
hadn’t done up to this point.” Krischer
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Villafafia told OPR that during the meeting, the group discussed the draft NPA, but she did
not think they gave a copy to Krischer
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noted that the revised charges involved 19 victims, so the defense proposal for a 15-month sentence
amounted to less than one month
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 90 of 349
forward, that either there is this pre-indictment resolution, or we go forward with an indictment.
The September meeting did not al
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She believed that access to the computer evidence would strengthen the government’s negotiating
position, but that her supervisors
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jurisdiction), while making clear that we are not talking about the
details of the case, and (11) asking [CEOS Chief] Oosterba[an]
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to OPR that she “wanted to know whether this letter went out. Because .. . if the letter didn’t go
out we can make this all go away
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 85 of 349
LILLY ANN SANCHEZ, Esq.
Auaust 3, 2007
PAGE 2
Please let us know your client's decision by no later than August 17, [have conferre
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the period of imprisonment, because the USAO failed to hold firm to its proposal of “at least two
years in prison.” The USAO did, h