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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 per victim. Villafaña requested that “whatever the U.S. Attorney decides to do,” the agreement with Epstein should “follow . . . a version of my written non-prosecution agreement” in order to “avoid any state shenanigans and . . . keep the defense on a strict timeline.”

Later that day, Villafaña circulated to Acosta and Sloman a revised NPA that called for a 20-month jail sentence to be followed by 10 months of home confinement. This redrafted NPA contained a provision that specified, “With credit for gain time, Epstein shall serve at least 17 months in a state correctional institution.”104 Acosta reviewed the revised NPA and amended it to include a statement clarifying that it was Epstein’s obligation “to undertake discussions with the State of Florida to ensure compliance with these procedures.” Villafaña sent her version of the revised NPA to Lefcourt that afternoon and forwarded Acosta’s proposed change to him the following day, after she learned of it.

On September 11, 2007, the court contacted Villafaña to inquire whether the USAO would be prepared to proceed with the litigation concerning the computers the following day. At Sloman’s direction, Villafaña asked the court to delay the hearing, and the court rescheduled it for the following week. At the same time, anticipating that plea negotiations would fail, Villafaña circulated a revised indictment to her co-counsel and Oosterbaan, seeking their feedback before sending it “through the chain of command.” Villafaña also sent Oosterbaan the revised NPA and told him she was “still shooting for 9/25” to bring charges, assuming the defense declined the USAO’s offer. Oosterbaan responded, “The counter-offering is unfortunate, but I suppose it’s understandable.”105

That afternoon, Lourie asked Villafaña, “What is our latest offer?” Villafaña responded, “Plead to the three specified [state] 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.”

B. September 12, 2007: The USAO and Defense Counsel Meet with the State Attorney

Although the USAO and defense counsel had been discussing resolving the federal investigation with a plea to state charges, there is no evidence that the USAO involved the State Attorney’s Office in those discussions until September 12, 2007. On that day, Lourie, Villafaña, and another USAO supervisor who would be replacing Lourie as manager of the USAO’s West Palm Beach office, and Epstein attorneys Lefkowitz, Lefcourt, and Goldberger met with State Attorney Barry Krischer and Assistant State Attorney Lanna Belohlavek. Other than Villafaña, few of the participants had any memory of the meeting or the results of it. The available evidence indicates that the USAO made additional concessions during the meeting.

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104 Through “gain time,” Florida inmates can earn a reduction in their sentence for good behavior.
105 Oosterbaan told OPR that he did not recall having read the NPA at this juncture and “had no involvement with it.”

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