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Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 169 of 348
narrative of Epstein’s philanthropic activities, rather than presented as a suggestion that Epstein’s
association to the former Pr
Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 168 of 348
OPR was attentive to any evidence that any of the subjects was motivated by bribes, gratuities, or
other illegal political or pers
Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 167 of 348
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 204-3 Filed 04/16/21 Page 166 of 348
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 204-3 Filed 04/16/21 Page 165 of 348
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 204-3 Filed 04/16/21 Page 161 of 348
unambiguous standard or engaged in professional misconduct in developing, negotiating, or
entering into the NPA, including its add
Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 156 of 348
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 204-3 Filed 04/16/21 Page 158 of 348
[Page Intentionally Left Blank]
132
DOJ-OGR- 00003334
Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 152 of 348
prosecutors adhere to the principles and objectives” of the Sentencing Reform Act of 1984, the
Sentencing Guidelines, and the PROT
Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 146 of 348
affirmative steps the attorney reasonably believed were required to comply with an obligation or
standard.
Il. APPLICABLE STANDAR
Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 147 of 348
him/her by an agency unless a statute provides otherwise.” Whenever a U.S. Attorney closes a
case without prosecution, the file sh
Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 144 of 348
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 204-3 Filed 04/16/21 Page 143 of 348
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 204-3 Filed 04/16/21 Page 135 of 348
Division forwarded to Roth the prior defense submissions, describing them as “an enormous
amount of material” regarding the Epstei
Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 133 of 348
In another letter, Starr renewed the defense accusation that the USAO improperly disclosed
information about the case to the media
Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 131 of 348
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 204-3 Filed 04/16/21 Page 129 of 348
these victim issues as insurmountable but, based on these alone, the CEOS Trial Attorney
considered a potential prosecution of Eps
Case 1:20-cr-00330-PAE Document 204-3
Criminal Division
Alice Fisher
Assistant Attorney
General
Andrew Lourie™
Principal Deputy
Assistant Attorney
General
Sigal Mandelker
Deputy Assistant
Attor
Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 127 of 348
scheduled January 4, 2008 plea hearing. As soon became apparent, Acosta was unable to achieve
an expedited review so that Epstein
Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 125 of 348
Notwithstanding these voluminous submissions, Lefkowitz added that Epstein
“unconditionally re-asserts his intention to fulfill an
Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 128 of 348
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
Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 121 of 348
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 204-3 Filed 04/16/21 Page 114 of 348
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 204-3 Filed 04/16/21 Page 115 of 348
that Epstein pay the victims’ legal fees incurred from contested litigation would “trigger profound
ethical problems,” in that the
Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 111 of 348
agreement. I know that Andy promised Chief Reiter an update when
a resolution was achieved. ... [The West Palm Beach manager] is
c
Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 109 of 348
Lefkowitz set forth arguments similar to those Sanchez had presented to Lourie, as to why
registration “based on the facts alleged
Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 108 of 348
At some point that day, Acosta spoke with Lefkowitz by phone regarding the need for
Epstein to plead to a registrable offense. Thr
Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 92 of 348
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
Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 91 of 348
Villafafia told OPR that during the meeting, the group discussed the draft NPA, but she did
not think they gave a copy to Krischer
Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 90 of 348
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 204-3 Filed 04/16/21 Page 89 of 348
forward, that either there is this pre-indictment resolution, or we go forward with an indictment.
The September meeting did not al
Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 87 of 348
She believed that access to the computer evidence would strengthen the government’s negotiating
position, but that her supervisors
Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 86 of 348
jurisdiction), while making clear that we are not talking about the
details of the case, and (11) asking [CEOS Chief] Oosterba[an]
Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 85 of 348
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 204-3 Filed 04/16/21 Page 84 of 348
LILLY ANN SANCHEZ, Esq.
AUGUST 3, 2007
PAGE 2
Please let us know your client's decision by no later than August 17. I have conferr
Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 80 of 348
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
Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 82 of 348
Menchel made several substantive changes to Villafafia’s draft letter. He specified that “a
two-year term of state imprisonment” wa
Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 75 of 348
Villafafia, Menchel left the meeting after almost no discussion, leaving Villafafia “shocked and
stunned.”
Menchel told OPR that h
Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 74 of 348
D. Acosta Decides on a Resolution That Includes a Two-Year Term of
Incarceration
The next critical step in the development of the
Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 73 of 348
equipment.” After further communications on this issue involving Black, Sanchez, Villafafia, and
Lourie, Black took legal action th
Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 72 of 348
Early in the federal investigation, Villafafia recognized the potential significance of
obtaining the missing computer equipment. V
Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 70 of 348
e-mail that I would like to address, and I also would like to address
where we are in the case.
First, I wanted to address the com
Menchel’s reply email began with a rebuke:
Both the tone and substance of your email are totally inappropriate
and, in combination with other matters in the past, it seriously calls
your judgment int
Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 67 of 348
In light of these concerns, Villafafia emailed Menchel, expressing her strong disagreement
with the process:
[I]t is inappropriate
Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 66 of 348
Menchel could not recall who initially suggested a state plea, but noted to OPR that his
own “emails . .. make clear that this cour
Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 63 of 348
include concurrent time.” The email primarily concerned other issues, and Villafafia did not
explain what the resolution she had in
Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 61 of 348
Lourie opined that the government could argue “that over time [Epstein] set up a network of illegal
high school massage recruits th
Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 59 of 348
for meetings was to cause delay, but “the people in my office either couldn’t see that or didn’t
want to see that,” perhaps because
Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 5/7 of 348
we are contemplating so Dershowitz can tell us why they don’t apply.”*” Lourie told Menchel, “I
don’t see the downside,” but added
Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 58 of 348
opposition to these meetings, but we are simply looking at this case
as a violent crime prosecution involving stiff penalties rathe