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866 KB
Extraction Summary
6
People
2
Organizations
1
Locations
1
Events
4
Relationships
4
Quotes
Document Information
Type:
Legal document
File Size:
866 KB
Summary
This legal document from a court filing details plea negotiations concerning Jeffrey Epstein on September 18, 2007. Prosecutor Villafaña rejected a proposal from Epstein's attorney, Lefkowitz, for a 12-month sentence, insisting the U.S. Attorney required at least 18 months. The document includes a detailed email from Villafaña to her colleagues outlining the stalled negotiations and subsequent discussions with Lefkowitz about an alternative plea structure involving two separate charges.
People (6)
| Name | Role | Context |
|---|---|---|
| Villafaña | Prosecutor |
Mentioned throughout the document as a key figure in the plea negotiations with Epstein's legal team. She replied reg...
|
| Epstein | Defendant |
The subject of the plea negotiations. The document states he did not want the Non-Prosecution Agreement (NPA) to be m...
|
| Lefkowitz | Attorney for Epstein |
Suggested a plea deal for Epstein involving a 12-month sentence, which was rejected. He is also mentioned as Jay Lefk...
|
| Acosta | Recipient of email |
One of the recipients of Villafaña's email updating on the plea negotiations, presumably part of the prosecution team.
|
| Lourie | Recipient of email |
One of the recipients of Villafaña's email updating on the plea negotiations, presumably part of the prosecution team.
|
| Jay Lefkowitz | Attorney for Epstein |
Mentioned as having a phone conversation with Villafaña about a potential plea deal involving two twelve-month federa...
|
Organizations (2)
| Name | Type | Context |
|---|---|---|
| OPR | government agency |
Villafaña told OPR (Office of Professional Responsibility) about her belief regarding why Epstein did not want the NP...
|
| U.S. Attorney | government agency |
Villafaña stated that the U.S. Attorney would not accept a sentence below 18 months for Epstein.
|
Locations (1)
| Location | Context |
|---|---|
|
The incoming manager for West Palm Beach was a recipient of Villafaña's email.
|
Relationships (4)
The document details their back-and-forth plea negotiations, with Lefkowitz making proposals on behalf of his client, Epstein, and Villafaña responding on behalf of the prosecution.
Villafaña is the prosecutor negotiating the terms of a plea agreement for Epstein, the defendant in a criminal case.
Villafaña sent an email to Acosta providing a detailed update on the status of the Epstein plea negotiations, indicating they are on the same prosecution team.
Key Quotes (4)
"would not be made public or filed with the Court, but it would remain part of our case file. It probably would be subject to a FOIA [Freedom of Information Act] request, but it is not something that we would distribute without compulsory process."Source
— Villafaña
(Replying to a question about whether a deferred prosecution agreement would be made public.)
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Quote #1
"did not want people to believe him to have committed a variety of crimes."Source
— Epstein (as reported by Villafaña)
(The reason Villafaña believed Epstein did not want the Non-Prosecution Agreement (NPA) to be made public.)
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Quote #2
"I know that the U.S. Attorney will not go below 18 months of prison/jail time (and I would strongly oppose the suggestion)."Source
— Villafaña
(Her reply to Lefkowitz's suggestion that Epstein plead to a charge with a 12-month sentence.)
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Quote #3
"Hi all – I think that we may be near the end of our negotiations with Mr. Epstein, and not because we have reached a resolution."Source
— Villafaña
(The opening of her email to colleagues updating them on the status of the plea negotiations.)
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Quote #4
Full Extracted Text
Complete text extracted from the document (3,185 characters)
Case 22-1426, Document 77, 06/29/2023, 3536038, Page100 of 258
SA-98
Case 1:20-cr-00330-AJN Document 204-3 Filed 04/16/21 Page 98 of 348
SA-98
Case 1:20-cr-00330-AJN Document 204-3 Filed 04/16/21 Page 98 of 348
we go that route, would you intend to make the deferred [sic] prosecution agreement public?”
Villafaña replied that while a federal plea agreement would be part of the court file and publicly
accessible, the NPA “would not be made public or filed with the Court, but it would remain part
of our case file. It probably would be subject to a FOIA [Freedom of Information Act] request,
but it is not something that we would distribute without compulsory process.”¹¹⁶ Villafaña told
OPR that she believed Epstein did not want the NPA to be made public because he “did not want
people to believe him to have committed a variety of crimes.” As she explained to OPR, Villafaña
believed the NPA did not need to be disclosed in its entirety, but she anticipated notifying the
victims about the NPA provisions relating to their ability to recover damages.
Villafaña replied that while a federal plea agreement would be part of the court file and publicly
accessible, the NPA “would not be made public or filed with the Court, but it would remain part
of our case file. It probably would be subject to a FOIA [Freedom of Information Act] request,
but it is not something that we would distribute without compulsory process.”¹¹⁶ Villafaña told
OPR that she believed Epstein did not want the NPA to be made public because he “did not want
people to believe him to have committed a variety of crimes.” As she explained to OPR, Villafaña
believed the NPA did not need to be disclosed in its entirety, but she anticipated notifying the
victims about the NPA provisions relating to their ability to recover damages.
E. The Parties Appear to Reach Agreement on a Plea to Federal Charges
Negotiations continued the next day, Tuesday, September 18, 2007. Responding to
Villafaña’s revised draft of the NPA, Lefkowitz suggested that Epstein plead to one federal charge
with a 12-month sentence, followed by one year of supervised release with a requirement for home
detention and two years of state probation, with the first six months of the state sentence to be
served under community control. Villafaña replied, “I know that the U.S. Attorney will not go
below 18 months of prison/jail time (and I would strongly oppose the suggestion).” Shortly
thereafter, Villafaña emailed Acosta, Lourie, and the incoming West Palm Beach manager:
Villafaña’s revised draft of the NPA, Lefkowitz suggested that Epstein plead to one federal charge
with a 12-month sentence, followed by one year of supervised release with a requirement for home
detention and two years of state probation, with the first six months of the state sentence to be
served under community control. Villafaña replied, “I know that the U.S. Attorney will not go
below 18 months of prison/jail time (and I would strongly oppose the suggestion).” Shortly
thereafter, Villafaña emailed Acosta, Lourie, and the incoming West Palm Beach manager:
Hi all – I think that we may be near the end of our negotiations with
Mr. Epstein, and not because we have reached a resolution. As I
mentioned yesterday, I spent about 12 hours over the weekend
drafting Informations, changing plea agreements, and writing
factual proffers. I was supposed to receive a draft agreement from
them yesterday, which never arrived. At that time, they were
leaning towards pleading only to state charges and doing all of the
time in state custody.
Mr. Epstein, and not because we have reached a resolution. As I
mentioned yesterday, I spent about 12 hours over the weekend
drafting Informations, changing plea agreements, and writing
factual proffers. I was supposed to receive a draft agreement from
them yesterday, which never arrived. At that time, they were
leaning towards pleading only to state charges and doing all of the
time in state custody.
Late last night I talked to Jay Lefkowitz who asked about Epstein
pleading to two twelve-month federal charges with half of his jail
time being spent in home confinement pursuant to the guidelines. I
told him that I had no objection to that approach but, in the interest
of full disclosure, I did not believe that Mr. Epstein would be eligible
because he will not be in Zone A or B.¹¹⁷ This morning Jay
Lefkowitz called and said that I was correct but, if we could get
Mr. Epstein down to 14 months, then he thought he would be
eligible.
pleading to two twelve-month federal charges with half of his jail
time being spent in home confinement pursuant to the guidelines. I
told him that I had no objection to that approach but, in the interest
of full disclosure, I did not believe that Mr. Epstein would be eligible
because he will not be in Zone A or B.¹¹⁷ This morning Jay
Lefkowitz called and said that I was correct but, if we could get
Mr. Epstein down to 14 months, then he thought he would be
eligible.
My response: have him plead to two separate Informations. On the
first one he gets 12 months’ imprisonment and on the second he gets
first one he gets 12 months’ imprisonment and on the second he gets
¹¹⁶ FOIA requires disclosure of government records upon request unless an exemption applies permitting the
government to withhold the requested records. See 5 U.S.C. § 552.
¹¹⁷ Sentences falling within Zones A or B of the U.S. Sentencing Guidelines permit probation or confinement
alternatives to imprisonment.
government to withhold the requested records. See 5 U.S.C. § 552.
¹¹⁷ Sentences falling within Zones A or B of the U.S. Sentencing Guidelines permit probation or confinement
alternatives to imprisonment.
72
DOJ-OGR-00021272
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