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Case 22-1426, Document 78, 06/29/2023, 3536039, Page11 of 217
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Case 1:20-cr-00330-AJN Document 204-3 Filed 04/16/21 Page 265 of 348

letter was substantially identical to the previous FBI victim notification letter the FBI had sent to victims (in 2006, 2007, and 2008) in that it identified each recipient as “a possible victim of a federal crime” and listed her eight CVRA rights.

The letter did not indicate that Epstein had pled guilty in state court on June 30, 2008, or that the USAO had resolved its investigation by deferring federal prosecution in favor of the state plea. Rather, like the previous FBI VNS-generated letter, the letter requested the victims’ “assistance and cooperation while we are investigating the case.”

For each of the two victims residing outside of the United States, Villafaña also drafted a notification letter concerning the June 30, 2008 plea and the 18 U.S.C. § 2255 process, which were to be hand delivered along with the FBI’s letters. However, FBI records do not reflect whether the USAO’s letter was delivered to the two victims.

E. August – September 2008: The Federal Court Orders the USAO to Disclose the NPA to Victims, and the USAO Sends a Revised Victim Notification Letter

On August 1, 2008, the petitioners in the CVRA litigation filed a motion seeking access to the NPA. The USAO opposed the motion by relying on the confidentiality portion of the NPA.372 On August 21, 2008, the court ordered the government to provide the petitioners with a copy of the NPA subject to a protective order. In addition, the court ordered the government to produce the NPA to other identified victims upon request:

(d) If any individuals who have been identified by the USAO as victims of Epstein and/or any attorney(s) for those individuals request the opportunity to review the [NPA], then the USAO shall produce the [NPA] to those individuals, so long as those individuals also agree that they shall not disclose the [NPA] or its terms to any third party absent further court order, following notice to and an opportunity for Epstein’s counsel to be heard[.]373

In September 2008, the USAO sent a revised notification letter to victims, and attorneys for represented victims, concerning Epstein’s state court guilty plea and his agreement to not contest liability in victim civil suits brought under 18 U.S.C. § 2255.374 The September letter appeared to address concerns raised by Epstein attorney Lefkowitz that the government’s earlier notification letter referenced language concerning 18 U.S.C. § 2255 that the government had proposed in Acosta’s December 19, 2007 letter to Epstein attorney Sanchez, but that the defense had not accepted.375 As a result of the defense objection, Villafaña determined that she was

372 Pursuant to paragraph 13 of the NPA, Villafaña made Epstein’s attorneys aware of the petitioners’ request for the NPA.
373 Doc, Order to Compel Production and Protective Order at 1-2 (Aug. 21, 2008).
374 The USAO also sent a notification letter to additional victims who had not received a notification letter in July.
375 This issue is discussed more fully in Chapter Two.

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