Transcript
A (0:00)
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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 back up with the email chain with Marie Vilafana and the prosecutors and Jeffrey Epstein's lawyers from the original prosecution in Florida. This email was sent by Jay Lefkowitz to Jeff Sloman and Alex Acosta was cc'd. This email was sent on November 28, 2007 Dear Jeff, I received your email yesterday and was a little surprised at the tone of your letter given the fact that we spoke last week and I had thought it was a very productive meeting. I was especially surprised given that your letter arrived on only the second day back to work after the Thanksgiving holiday, and yet your demands regarding timing suggest that I have been sitting on my hands for days. You should know that the first time I learned about Judge Redacted selection of Pothurst and Josephsburg, and indeed the first time I ever heard their names was in our meeting with you on Wednesday of last week. Nevertheless, I have now been able to confer with my client and we have determined that the selection of Pothurst and Joseph Berg are acceptable to us, reserving, of course, our previously stated objections to the manner in which you have interpreted the section 2255 portion of the agreement. We do, however, strongly and emphatically object to your sending a letter to the alleged victims. Without fair opportunity to review and the ability to make objections to this letter, it is completely unacceptable that you would send it without our consideration. Additionally, given that the U S. Attorney's Office has made clear it cannot vouch for the claims of the victims, it would be incendiary and inappropriate for your office to send such a letter. Indeed, because it is a certainty that any such letter would immediately be leaked to the press, your actions will only have the effect of injuring Mr. Epstein and promoting spurious civil litigation directed at him. We believe it's entirely unprecedented and in any event inappropriate for the government to be the instigator of such lawsuits. Finally, we disagree with your view that you are required to notify the alleged victims pursuant to the justice for all act of 2004. First US Code 18, Section 2255. The relevant statute under the non prosecution agreement for the settlement of of civil remedies does not have any connection to the justice for all Act. Section 2255 was enacted as part of a different statute. Second, the justice for all act refers to restitution and section 2255 is not a restitution statute. It is a civil remedy. As you know, we had offered to provide a restitution fund for the alleged victims in this matter. However, that option was rejected by by your office. Had that option been chosen, we would not object to your notifying the alleged victims at this point. At this juncture, however, we do not accept your contention that there is a requirement that the government notify the alleged victims of a potential civil remedy in the case. Accordingly, for all the reasons we have stated above, we respectfully and firmly object to your sending any letter whatsoever to the alleged victims in this matter. Furthermore, if a letter is to be sent to these individuals, we believe we should have a right to review and make objections to that submission prior to it being sent to any alleged victim. We also request that if your office believes that it must send a letter to go to the alleged victims who still have not been identified to us, it should happen only after Mr. Epstein has entered his plea. This letter should then come from the attorney representative and and not from the government to avoid any bias. As you know, Judge Starr has requested a meeting with Assistant Attorney General Fiser to address what we believe is the unprecedented nature of the section 2225 component of the agreement. We're hopeful that this meeting will take place as early as next week. Accordingly, we respectfully request that we postpone our discussion of sending a letter to the alleged victims and until after that meeting. We strongly believe that rushing to send any letter out this week is not the wisest manner in which to proceed. Given that Mr. Epstein will not enter his plea for another few weeks, time is clearly not of the essence regarding any notification to the identified individuals. Thanks very much, Jay. The next email was sent by Jeff Sloman and it was sent to Jay Lefkowitz. The United States has a statutory obligation, justice for all act of 2004, to notify the victims of the anticipated upcoming events and their rights associated with the agreement entered into by the United States and Mr. Epstein in a timely fashion. Tomorrow will make one full week. Since you were formally notified of the selection. I must insist that the vetting process come to an end this. Therefore, unless you provide me with a good faith objection to Judge redacted selection by COB tomorrow, November 28, 2007, I will authorize the notification of the victims. Should you give me the go ahead on Pothurst and Josephsburg Selection by COB tomorrow, I will simultaneously send your draft of the letter. I intend to notify the victims by letter after COB Thursday, November 29 thanks, Jeff. Next email from Jeff Sloman to Jay Lefkowitz with Alex Acosta cc'd Jay, Please accept my apologies for not getting back to you sooner, but I was a little under the weather yesterday. Hope that you enjoyed your Thanksgiving. Regarding the issue of due diligence concerning Judge Redacted selection, I'd like to make a few observations. First, Guy Lewis is known for some time that Judge Redacted was making reasonable efforts to secure Pothurst and Bob Joseph Berg for the assignment. In fact, when I told you of Judge Redacted Selection during our meeting last Wednesday, November 21st, you and Professor Dershowitz seem very comfortable and certainly not surprised with the selection. Pothurst and Joseph Berg are no strangers to nearly the entire Epstein defense team, including Guy Lewis, Lilian Sanchez, Roy Black, and apparently Professor Dershowitz, who said he knew Mr. Joseph Berg from law school. Second, Pothurst and Joseph Berg have long standing stellar reputations for their legal acumen and ethics. It's hard for me to imagine how much more vetting needs to be done. Next email sent by Marie Vilafana to Gerald Lefcourt, NCC to Jeff Sloman and Andrew Laurie. Jerry, as per your discussion with U.S. attorney Acosta, I have attached the office's written counter proposal. If you have any questions regarding the terms, please do not hesitate to call. Next email from Marie Villafana to John McMillan, Andrew Osterbahn agent Kuykendall and Jason Richards. Hi all. Here's a revised version of the indictment. We're still doing some proofreading, but I wanted to get some feedback before I start sending it through the chain of command. Can you let me know what you think? Next email is from Andrew Osterbahn to Marie Vilafana and this email was sent September 11, 2007. Will do. When do you plan to submit it? Next email from Marie Vilafana to Andrew Osterbahn on September 11, 2007.
