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What's up everyone? And welcome to another episode of the Epstein Chronicles. In this episode we're going to pick up with the emails from Marie Vilafana to the other members of the prosecution and to Jeffrey Epstein's legal team. Email from Andrew Laurie to Marie Vilafana on September 13, 2007. He is going to give us an assault on the plane or we can do conspiracy. Next email from Marie Vilafana to Andrew Laurie on September 13, 2007. Hi Andy. It would still have to be conspiracy to commit an assault on a plane. I just want to make sure that we have something that is factually accurate. Just trying to plan ahead. I just got an email from Jay Lefkowitz asking if I'm free to Talk tomorrow at 9. Will you be in then? I have to report to the hospital at 10:15. Next email from Andrew Laurie to Marie Vilafana sent on 9-13-2007. I have a 9:30 hearing in Miami. Villafana responded on 9-13-2007 to Andrew Laurie. All right, I will get Rolando and or Jeff to come with me. Next email, Marie Vilafana to Rolando Garcia and Jeff Sloman. Hi all. I just received an email from Jay Lefkowitz wanting to do a call tomorrow morning. Andy will be on the road but will be on the conference call. Does anyone else want to join in? Next email from Marie Vilafana on September 13, 2007 to Karen Atkinson and Sean Bull. CC John McMillan in case Karen has any changes to the indictment package and wants to send it on to Rolando. Here are the indictment and prosecution memo. Sean has the forms. Next email was sent by Marie villefana on Friday, September 14, 2007. This email was sent to Jeff Sloman, Alex Acosta, Andrew Lowery, Rolando Garcia cc'd Karen Atkinson, John McMillan and Sean Ball. Hi all. Jay and I talked through the main issue which were the charges that Epstein would plead guilty to. He put in a pitch for only 12 months. I put in a pitch that he plead to 24 with a 20 month recommendation and we decided that we would be stuck with the 18 months. So he will plead to one count of obstructing a witness from reporting a crime based upon Redacted's call to one of the girls, subtly pressuring her not to participate in the investigation and one count of simple assault on an airplane based upon an incident where Epstein put great pressure. Jay's words on redacted to call the girls to set up appointments. I will revise the plea agreement accordingly and draft an information for your review. I'll be out for the rest of the day but I'll be accessible over the weekend. I will give you all of the electronic files to Karen and Sean in case you need to make changes. Jay thinks he will have a signed agreement by Monday and I'm hoping that we can convince Judge Mara to use the time on Tuesday that he set aside for the hearing to take the plea instead. Documents to follow Next email Marie Vilafana to Jeff Sloman, Alex Acosta, Rolando Garcia, Andrew Laurie CCed Karen Atkinson and Sean Ball. Here are the proposed plea agreement and information. If any changes need to be made, please contact Sean via email. I'll be out the rest of the day but you can contact me at phone number given and I will be able to access email over the weekend. Next email from Marie Vilafana to Jeff Sloman, Alex Acosta, Andrew Lowrey, Rolando Garcia and CC to Karen Atkinson, John McMillan and Sean Ball. This email was sent on September 14, 2007 hi all, Jay and I talked through the main issue which was the charges that Epstein would plead guilty to. He put in a pitch for only 12 months. I put in a pitch that he plead to 24 with a 20 month recommendation and we decided that we would be stuck with the 18 months. So we will plead to one count of obstructing a witness from reporting a crime based upon Sarah Kellen's call to one of the girls, subtly pressuring her not to participate in the investigation and one count of simple assault on an airplane based upon an incident where Epstein put great pressure. J's words on redacted not to call girl or to call girls to set up appointments. I will revise the plea agreement accordingly and draft an information for your review. I'll be out the rest of the day but I'll be accessible over the weekend. I'll give all the electronic files to Karen and Sean in case you need to make changes. Jay thinks we will have a signed agreement by Monday and I'm hoping that we can convince Judge Mara to use the time on Tuesday to take this hearing instead of the plea instead. Documents to Follow Next email was sent by Marie Vilafana on September 14, 2007 to Jeff Sloman, Alex Acosta, Rolando Garcia and Andrew Laurie. CCED Karen Atkinson, Sean Ball Here are the proposed plea agreement and information. If any changes need to be made, please contact Sean via email and I'll be out the rest of the day but I'll be able to access my emails over that time. Thank you Next email from Jeff Sloman to Marie Vilafana, Alex Acosta, Rolando Garcia and Andrew Laurie cc'd Karen Atkinson and Sean Ball and he has agreed to help finalize this. I'll be out of town beginning tomorrow. Next email from Marie Vilafana to Rolando Garcia and Andrew. Hi Rolando. Here's the last email that I sent to Jay last night. Jay talked with his client about it and reports that they're leaning towards options one or four. They're going to try to make the decision today. There seems to be some dissension in the ranks because Jack Goldberger gave some incorrect information and draft a proposed either non prosecution agreement or a plea agreement. As you can see from my list below, there are a number of things in their last draft that were unacceptable. All the loopholes that I sewed up they tried to open. So J is supposed to be consulting with Roy Black regarding the correct state information and then will give me a call. I agreed to ask the judge to take the hearing off the calendar tomorrow and and postpone the grand jury appearances that were scheduled from tomorrow. But I told him no uncertain terms that I am indicting on the 25th. So this needs to be resolved early this week. Andy and I talked about all of this as well. Long answer to short question Sorry. Hi Jay, this can wait until after the show but my voice is going so I thought that I would type it up. I talked to Andy and he still doesn't like the factual basis in his opinion. The plea should only address the crimes that we're addressing and we're not investigating Mr. Epstein abusing his girlfriend. So these are the only options that he recommended. 1. We go back to the original agreement where Mr. Epstein pleads only to stay charges and serves his time in the state except that we can agree to 18 months imprisonment. 2. Mr. Epstein pleads guilty to the state charges and and also pleads to either two obstruction counts or to one count of violating US Code 47 Section 223 A, 1 and B with a joint non binding recommendation of 18 months so that Mr. Epstein can serve his time federally. 3. My suggestion only, not Andy's. I go back to the U.S. attorney and ask him to agree to an ABA plea plea to a 371 count conspiracy to violate 2422B with a binding 20 month recommendation so that Mr. Epstein can serve all of his time in a federal facility or four. Mr. Epstein pleads to one obstruction count and serves part of his time federally and part state on your other Proposed changes. Some are fine and some are problematic. Your paragraph 2 as to timing is my understanding that Mr. Epstein needs to be sentenced in the state after he is sentenced in the federal case, but that he needs to plead guilty and be sentenced after serving his federal time. Andy recommended that some of the timing issues be addressed only in the state agreement so that it is an obvious to the judge that we're trying to create federal jurisdiction for prison purposes. My understanding is that Mr. Epstein should sign a state plea agreement, plead guilty to the federal offenses, plead guilty to the state offenses, be sentenced on the federal offenses and and then be sentenced on the state offenses and then start serving the federal sentence. Response. Your paragraph three as to the reservation of Mr. Epstein's right to withdraw the state plea or to appeal to the state plea sentence. That's fine, but we need the caveat that if you were to do so, the United States could proceed on our charges. Response to paragraph six with respect to the waiver of the right to appeal the the federal sentence. Given the way that we have drafted the information, it's possible that getting the 18 month sentence will require an upward departure. The version of the agreement that you are working from is a federal non prosecution agreement. The ones I have sent you recently are plea agreements that are filed with the court. Please see if the appeal waiver language in those versions is alright. Reply to paragraph 7 As I mentioned, we will not waive the presentence investigation. I know that this will delay Mr. Epstein's sentencing by 70 days, but that will allow him to get all of his affairs in order as to bill. It will be set at the time of the arraignment and we can work out a joint recommendation regarding the amount and its limitations. I have no objection to making a joint recommendation that Mr. Epstein remain out on bond pending his sentencing. But I'm not sure that it belongs in a plea agreement. Especially since I can't bind the court on that issue. However, I can assure you, and we can put it in the record during the plea colloquy that I will join in your recommendation that he remain out on bond pending sentence. The same goes for the prison camp issue. As I mentioned, I have opposed a designation only once in a very particular case. I can assure you that that we can put it on the record at the plea colloquy that I will not oppose your recommendation for Mr. Epstein's designation. Response to paragraph 8 As I mentioned over the telephone, I can't bind the girls to the trust agreement and I don't think it's appropriate that a state court would administer a trust that seeks to pay for federal civil claims. We both want to avoid unscrupulous attorneys and or litigants from coming forward. And I know that your client wants to keep these matters outside of public court filings, but I just don't have the power to do what you ask. Here's my recommendation. During the period between Mr. Epstein's plea and sentencing, I make a motion for appointment of the guardian Ad Lydium. The three of us sit down and discuss things, and I will facilitate as much as I can getting the girls approval of this procedure because, as I mentioned, I think it's probably in their best interest in terms of plea agreement language. Let me suggest the following. The United States agrees to make a motion seeking the appointment of a guardian Ad Lydium to represent the identified victims. Following the appointment of such a guardian, the parties agree to work together in good faith to develop a trust agreement subject to the court's approval, that would provide for any damages owed to the identified victims pursuant to to U.S. code 18, section 2255. Then include the last two sentences of your paragraph 8 response to the two paragraphs. Following your paragraph 8, I will include our standard language regarding resolving all criminal liability. And I'll mention co conspirators, but I would prefer not to highlight for the judge all the other crimes and all the other persons that we could charge. Hold on a minute. I have to interrupt here. Did you just hear what she said here? I will mention co conspirators, but I would prefer not the highlight for the judge all of the other crimes and all of the other persons that we could charge. Sure. Just a lone predator though, right? Nothing like blowing the narrative out of the water. Also, we do not have the power to bind immigration, and we make it policy not to try to. However, I can tell you that as far as I know, there is no plan to try and proceed on any immigration charges against either Ms. Ross or Ms. Redacted. They mean Nadia there. Also, on the grand jury subpoenas, I can prepare letters withdrawing them as of signing of the plea agreement, but I would prefer to take out that language. In my eyes, once we have a plea agreement, the grand jury's investigation has ended and there can be no more use of the grand jury subpoena power. I had hoped that we were far closer to resolving this than it appears that we are. Can I suggest that tomorrow we either meet live or via teleconference, either with your client or having him within a quick phone call to hash out the items. I was hoping to work only a half day tomorrow to save my voice for Tuesday's hearing and grand jury if necessary. But maybe we can set a time to meet. If you want to meet off campus somewhere, that's fine. I'll. I'll make sure that I have all the necessary decision makers present or on the call as well. If we can resolve some of these issues today, let's try to and then save only the difficult issues for tomorrow. Sorry for the long email and for ruining your date with your daughter. This email was sent by MarieVillafana. Alright folks, a lot to process there, so we're going to wrap this one up. And in the next episode dealing with the topic, we're going to pick up where we left off. All the information that goes with this episode can be found in the description box.