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twelve months, with six served in home confinement, to run
consecutively.
I just received an e-mail asking if Mr. Epstein could just do 12
months imprisonment instead.
As you can see, Mr. Epstein is having second thoughts about doing
jail time. I would like to send Jay Lefkowitz an e-mail stating that
if we do not have a signed agreement by tomorrow at 5:00,
negotiations will end. I have selected tomorrow at 5:00 because it
gives them enough time to really negotiate an agreement if they are
serious about it, and if not, it gives me one day before the Jewish
holiday to get [prepared] for Tuesday
[September 25], when I
plan to [file charges], and it gives the office sufficient time to review
the indictment package.
Do you concur?
A few minutes later, the incoming West Palm Beach manager emailed Lourie, suggesting that
Lourie "talk to Epstein and close the deal. "118
Within moments, Lourie replied to the manager, with a copy to Villafaña, reporting that he
had just spoken with Lefkowitz and agreed "to two fed[eral] obstruction[] charges (24 month cap)
with nonbinding recommendation for 18 months. When [Epstein] gets out, he has to plead to state
offenses, including against minor, registrable, and then take one year house arrest/community
confinement." By reply email, Villafaña asked Lourie to call her, but there is no record of whether
they spoke.
F.
Defense Counsel Offers New Proposals Substantially Changing the Terms of
the Federal Plea Agreement, which the USAO Rejects
Approximately an hour after Lourie's email reporting the deal he had reached with
Lefkowitz, Lefkowitz sent Villafaña a revised draft plea agreement. Despite the agreement Lourie
believed he and Lefkowitz had reached that morning, Lefkowitz's proposal would have resulted
in a 16-month federal sentence followed by 8 months of supervised release served in the form of
home detention. Lefkowitz also inserted a statement in his proposal explicitly prohibiting the
USAO from requesting, initiating, or encouraging immigration authorities to institute immigration
proceedings against two of Epstein's female assistants.
Villafaña circulated the defense's proposed plea agreement to Lourie and two other
supervisors, and expressed frustration that the new defense version incorporated terms that were
"completely different from what Jay just told Andy they would agree to." Villafaña also pointed
out that the defense "wants us to recommend an improper calculation" of the sentencing guidelines
118
The manager told OPR that he probably meant this as a joke because in his view the continued back-and-
forth communications with defense counsel "was ridiculous," and the only way to "get this deal done" might be to
have a direct conversation with Epstein.
73
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