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The Epstein Chronicles
Collaboration or Capitulation: The DOJ’s Colloquy With Epstein’s Lawyers Exposed (Part 3) (4/1/26)
00:14:26
The back-and-forth between prosecutors in the Southern District of Florida and Jeffrey Epstein’s legal team during the negotiation of the non-prosecution agreement reads less like an adversarial process and more like a prolonged, collaborative...
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What's up everyone? And welcome to another episode of the Epstein Chronicles. In this episode, we're going to dive right back into that email chain between Marie Villafana, the other members of the prosecution team and Jeffrey Epstein's lawyers. And this email chain had to do with the first arrest of Jeffrey Epstein down in Florida in 2007. 2008. Picking up from where we left off, this email was from Marie Vilafana to Jeff sloman on Tuesday, September 4, 2007. Hi Jeff, I just left you a voicemail so you can disregard that. We had a very good meeting with Drew on Friday. No one was sure whether you want an FBI presence at the meeting on Friday and Drew thought that I should ask you, could you let me know? And does the meeting with Epstein's team start it too? Is there a plan for a pre meeting meeting with our folks? Thanks. The next email in the chain is from Marie Vilafana to Jeff sloman with John McMillan cc'd the email. Hi Jeff, you missed so much fun stuff on Friday. I hope you had a good visit with your daughter. I'm running off to court, but I'm hoping that we can talk this afternoon about about the meeting and strategy going forward. Alex asked Junior to talk to Nesbitt and Jason about the handling of the state court grand jury. Junior left a message saying that he had done so and both reported that in their opinion it had been mishandled for a number of reasons. I don't think I can forward the message to your voicemail, so you may want to call Junior directly if you or Alex wants to hear it from the horse's mouth, as they say. This is, by the way, one of the things that we should talk about this afternoon. Next email Marie Vilafana to Jeffrey Sloman and Andrew Lowry. Jeff and Andy, the agents are asking whether Alex had a chance to talk to the saic. Do you know? Next email sent by Marie Vilafana to Jeff Sloman about the plea. Hi Jeff, I just talked with Andy. I. I'm sure that he communicated these thoughts, but I wanted to mention just a couple of things that I hope to talk to you about. There are two things that I think might be tricks up the sleeve of the defense. First, Lilliane had mentioned in our Miami meeting with all the defense attorneys at Epstein would be willing to do a split sentence of community control followed by jail time. Because in the state system, if you complete community control without a violation, the jail time is converted to probation or more community control. Second, it wasn't clear that Epstein would be pleading to a child sex offense that involves sex offender registration. Third, I mentioned to Andy that the Revised indictment references 19 victims, so 15 months is less than one month per victim. I agree that this is a reasonable counteroffer in light of our starting position of 24 months, but this is a really low sentence. So whatever the U.S. attorney decides to do, can we please just follow with a version of my written non prosecution agreement that will allow us to avoid any state shenanigans and will keep the defense on a strict timeline? Before this counteroffer, I was going to propose that we include in our response to Messrs. Star and Lefkowitz one page of the draft over at act section. I've attached the proposed over at acts related to two of the girls as an example. Next email by Marie Vilafana to Jeff sloman, Alex Acosta, CC, John McMillan, Rolando Garcia, Karen Atkinson and Andrew Laurie. Here is my proposed non prosecution agreement. Since Jerry Lefcourt is the attorney who contacted Andy with the counteroffer, I have used his name as attorney for Mr. Epstein. If another attorney will be in that role, I can change the signature block. Please let me know if you have any questions or changes. Terms of the agreement 1. Epstein shall plead guilty not nolo contendre to an information file by the State Attorney's Office for the 15th Judicial Circuit in and for Palm beach county, here and after the State Attorney's Office charging violations of the following Florida Statutes a Lewd and lascivious battery on a child and in violation of Florida Statute 800.044b Solicitation of minors to engage in prostitution in violation of Florida statute 796.03 and c engaging in sexual activity with minors at least 16 years of age in violation of Florida Statute 794.052. Epstein and the State Attorney's Office shall make a joint binding recommendation that the courts impose a 30 month sentence to be divided as follows a. Epstein shall begin by serving at least 20 months in prison without any opportunity for withholding, adjudication or sentencing and without probation or community control in lieu of imprisonment and b Following the term of imprisonment, Epstein shall serve 10 months of community control 3. Epstein shall waive all challenges to the information file by the State Attorney's Office and shall waive the right to appeal his conviction and sentence 4. Epstein shall provide to the U S. Attorney's Office copies of all proposed agreements with the State Attorney's Office prior to entering into those agreements. Epstein agrees that if any of the victims identified in the Federal Investigation File suit pursuant to 18U. S. Code section 2255, Epstein will not contest the jurisdiction or of the U.S. district Court for the Southern District of Florida over his person and or the subject matter and Epstein will not contest that the identified victims are persons who, while minors, were victims of Violation of Title 18, United States Code Section 2422 and or 2423. 6 the United States shall provide Epstein's attorneys with a list of identified victims which will not exceed 40 after Epstein has signed this agreement and entered a guilty plea, the United States shall make a motion with the U S. District Court for the Southern District of Florida for the appointment of a guardian ad lydium for the identified victims and Epstein's counsel may contact the identified victims through that council. 7 Epstein shall enter his guilty plea and be sentenced not later than September 28, 2007 and shall begin service of his sentence not later than October 15, 2007. 8 With credit for game time, Epstein will serve at least 17 months in a state correctional institution. Epstein understands that the United States Attorney has no authority to require the State of Florida to abide by any terms of this agreement. Epstein understands that it's his obligation to undertake discussions with the State of Florida to ensure compliance with these procedures which compliance will be necessary to satisfy the United States interest pursuant to the Petit Policy. By signing this agreement, Epstein asserts and certifies that each of these items is material to this Agreement and is supported by independent consideration and that a breach of any of these conditions allows the US to elect to terminate the Agreement and to investigate and prosecute Epstein for any and all federal offenses. By signing this agreement, Epstein asserts and certifies that he's aware of the fact that the Sixth Amendment of the Constitution of the United States provides that all criminal prosecutions the accused shall enjoy the right to a speedy and public trial. Epstein further is aware that Rule 48B of the Federal Rules of Criminal Procedure provides that the court may dismiss an indictment in information or complaint for unnecessary delay in presenting a charge to the grand jury, filing an information, or in bringing a defendant to trial. Epstein hereby requests that the United States Attorney for the Southern District of Florida defer such prosecution. Epstein agrees and consents that any delay from the date of this Agreement to the date of initiation of prosecution as provided for in the terms expressed herein, shall be deemed to be necessary delay at his own request, and he hereby waves any defense to such prosecution on the grounds that such delay operated to deny him rights under Rule 48B. Of the Federal Rules of Criminal Procedure and the Sixth Amendment of the Constitution of the United States to a speedy trial or to bar the prosecution by reason of the running of the statute of limitations for a period of months equal to the period between the signing of the agreement and the breach of this agreement. Epstein further asserts and certifies that he understands that the Fifth Amendment and Rule 7A of the federal Rules of Criminal Procedure provide that all felonies must be charged in an indictment presented to a grand jury. All right, moving on to the next message from Alex Acosta to Jeff Sloman. I did a small rewrite shouldn't affect things, but wanted to add the original state charges in a statement that it would be his job to move the state to add the additional charges. Next message from Jeff Sloman to Marie Vilafana. Got your message about the hearing. Alex had some suggested changes to the agreement that shouldn't affect the deal. Thanks, Jeff. Next email was sent by Marie Vilafana to Jeffrey Sloman on September 11, 2007 do you want me to make these and resend them to Jerry Lefcourt? Next message from Marie Vilafana to Gerald Lefcourt with Alex Acosta, Jeff Sloman and Andrew Laurie. All cc'd Dear Jerry, I have attached a revised version as per Mr. Acosta's request. The operative terms have not changed. If you have any questions, please do not hesitate to call. Also, please confirm your receipt of this email. Thank you. Next email is from Andrew Laurie to Marie Vilafana on September 11, 2007. What is our latest offer? Next email response from Marie via Lafana to Andrew Lawre. Plead to the three specified charges, a 30 month sentence split, 20 in jail and 10 in community control and agree that the girls are victims for purposes of damages. We also put in deadlines for a plea and sentencing date. Next email from Andrew Laurie to marievillafana Good. Barry leaves early for Jewish holidays. Any chance you can make 1:30 response from VilaFauna on September 11, 2007 to Andrew Laurie Hey Andy, I will try to get back as soon as possible. I just don't know how long it'll be or or I'll be at the hospital. Is it just us three or is Jerry Lefcourt also attending? What should I be prepared to discuss? Next email from Marie Vilafana to Alex Acosta, Jeff Sloman, Rolando Garcia and Karen Atkinson and also Andrew Lori hi all, I've not heard back from any of Mr. Epstein's attorneys today about the plea, but I know that that they're out for the holiday. I'll be out tomorrow. So today I finish the indictment package. If we decide to go forward. It currently is with Karen Atkinson. I then paged through Title 18 and came up with two possibilities. US Code 18, Section 403 is a misdemeanor with a one year statutory maximum for violation of the privacy rights of a child victim. We would have to show an intentional disclosure of documents or information, including concerning a child victim, to someone other than a participant in the legal proceedings. When the state prosecution first hit the press, Epstein's attorneys, especially Roy Black, made statements about the credibility of some of the child victims with specific identifying information. And I would base two charges on information disclosed about two of the victims. U.S. code 18, Section 1512D is also a misdemeanor with a one year statutory maximum. We would have to show that Epstein or someone on his behalf intentionally harassed another person to hinder, delay, prevent or dissuade that person from reporting to a law enforcement officer the commission or a possible commission of a federal offense, or to dissuade the person from causing a criminal prosecution to be sought or instituted. Three girls have mentioned the exertions of pressure to to keep them from reporting the offenses or talking to law enforcement. My guess is that he will object to these charges because he would have to plead to two counts which would expose him to the potential of a 24 month sentence if he does so. I recommend that we consider the Rule 11 plea rather than try to create violations out of whole cloth. I also determine that a defendant who receives a prison sentence on a misdemeanor offense is also eligible for a one year of supervised release. Another option is a plea. 247 USC Section 223, which prohibits someone in interstate or foreign communication by means of telecommunication device, knowingly one initiates transmission of any request, suggestion, proposal or other communication which is obscene, knowing that the recipient of the communication is is under 18 years of age, regardless of whether the maker of such communication placed the call or initiated the communication. This is a felony offense with a two year minimum statutory maximum. To move things along, I've put together an information package assuming a plea to two counts of violating Section 403. I will leave that information with Karen as well, in case you want to make any changes tomorrow. Thank you, Marie Vilafana. All right, we're gonna wrap up this episode right here. And in the next episode dealing with the topic, we're gonna pick up where we left off all the information that goes with this episode. Can be found in the description box.